HomeMy WebLinkAboutResolution 1990-018
RESOLUTION 90-18
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, that:
1.
The Mayor be, and is hereby, authorized to execute the attached
Mutual Assistance Agreement between this City and the City of Hurst,
as the act and deed of the City.
PASSED AND APPROVED this 9th day of Apri 1
APPROVED:
, 1990.
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Tommy Brown, M or
ATTEST:
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AGREEMENT
WHEREAS, pursuant to Chapter 362, Texas Local Government Code, counties,
municipalities and joint airports are authorized to execute mutual assistance
agreements to provide additional law enforcement officers to protect health, life
and property against riot, threat of concealed explosives, unlawful assembly
accompanied by the use of force and violence, and during times of natural disaster
or man-made calamity; and,
WHEREAS, pursuant to that same Chapter 362, a county, municipality, or
joint airport may enter into an agreement with a neighboring municipality or joint
airport or contiguous county to form a mutual aid law enforcement task force to
cooperate in the investigation of criminal activity and enforcement of the laws of
this state; and,
WHEREAS, the City of Hurst, a municipality created under the laws of the
State of Texas, and the City of North Richland Hills, desire to enter into a
mutual law enforcement assistance agreement in the manner and to the extent
authorized by Chapter 362, Texas Local Government Code;
NOW, THEREFORE, it is mutually agreed as follows:
I.
The following terms shall have the following meanings when used in this
Agreement:
a. "Law enforcement officer" as used herein shall have the same
meaning as that expressly given the term by Chapter 362.001, Texas Local
Government Code, now and as that Chapter may be amended from time to time:
COpy
b. "Chief law enforcement officer" means the chief of police of a
municipality or the sheriff of a county;
c. "Chief administrative officer" means the mayor or city manager of a
municipality or the county judge of a county.
II.
The City of Hurst and the City of North Richland Hills (the "parties")
hereby form a mutual aid law enforcement task force to cooperate in the
investigation of criminal activity and enforcement of the laws of this state and
further agree to assist each other in providing law enforcement officers to protect
health, life, and property, subject to the following terms and conditions:
III.
Each of the parties hereto may assign its law enforcement officers to
perform law enforcement duties outside its territorial limits and inside the
territorial limits of the other party; when:
1. Requested by the chief administrative officer (or his designee) of the
other party; and,
2. The chief law enforcement officer (or his designee) of the responding
party in his sole discretion determines that the assignment is
necessary to protect the health, life and property of the requesting
party, its inhabitants or visitors, by reason of riot, threat of
concealed explosives, unlawful assembly characterized by the use of
force or violence, or threat thereof, by three or more persons acting
together or without lawful authority, or during time of natural
disaster or man-made calamity.
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IV.
Each of the parties hereto may assign its law enforcement officers to
investigate criminal activity and enforce the laws of this State outside its
territorial limits and inside the territorial limits of the other party when and to
the extent:
a. Requested by the chief administrative officer (or his designee) of the
other party; and,
b. The chief law enforcement officer (or his designee) of the responding
party in his sole discretion determines that the assignment is
necessary for the investigation of criminal activity and for
enforcement of the laws of this state.
V.
Each of the parties hereto shall provide to all other parties a list of the
equipment and number of personnel which may be available under this agreement.
VI.
Any request for aid under this Agreement shall include a statement of the
amount and type of equipment and number of personnel requested, and shall
specify the location to which the equipment and personnel are to be dispatched,
but the amount and type of equipment and number of personnel to be furnished
shall be determined by the responding party's chief law enforcement officer, or his
designee.
VII.
Police personnel of the responding party shall report to the requesting party's
officer in tactical control at the location to which they have been assigned, and
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shall be under the command of the requesting party's chief law enforcement
officer. Interagency communications will be handled by intercity radio and by an
officer assigned to the command post.
VIII.
Police personnel of the responding party will be released by the requesting
member when their services are no longer required.
IX.
The chief law enforcement officer of the responding party or his designee, in
his sole discretion, may at any time withdraw his personnel or equipment or
discontinue participation in any activity initiated pursuant to this Agreement.
X.
While any law enforcement officer regularly employed as such by a
responding party is in the service of the requesting party, he shall be a peace
officer of the requesting party and be under the command of the requesting
party's chief law enforcement officer, with all the powers, investigatory or
otherwise, of a regular law enforcement officer of the requesting party, as fully
as though he were within the territorial limits of the governmental entity where
he is regularly employed, and his qualifications, respectively, for office where
regularly employed shall constitute his qualifications for office within the
territorial limits of the requesting party, and no other oath, bond, or compensation
need be made. Additionally, such law enforcement officer shall have the same
investigative authority as if he were investigating criminal activity within the
territorial limits of the governmental entity where he is regularly employed.
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XI.
While acting pursuant to this Agreement, a law enforcement officer employed
by a party hereto may make arrests outside the territorial limits of the party by
whom he is regularly employed but within the territorial limits of the other party,
provided that the law enforcement agency of the other party is notified of such
arrest in the same manner as if said arrest were made by a member of the law
enforcement agency of that party. The requesting party shall arrange for the
mass processing of arrestees, transporting of arrestees and temporary detention
facilities. The resources of the responding party may be used to effect this
purpose.
XII.
Each party to this Agreement expressly waives the right granted by Article
362.003(c), Texas Local Government Code, to request reimbursement for services
performed under this Agreement.
XIII.
Any law enforcement officer or other person who is assigned, designated, or
ordered by the chief law enforcement officer of the party which regularly employs
him to perform police or peace officer duties pursuant to this Agreement shall
receive the same wage, salary, pension, and all other compensation and all other
rights for such service, including injury or death benefits, and worker's
compensation benefits, the same as though the service had been rendered within
the limits of the party where he is regularly employed. Moreover, all wage and
disability payments, including worker's compensation benefits, pension payments,
damage to equipment and clothing, medical expenses, and expenses of travel, food,
and lodging shall be paid by the party which regularly employs such persons in the
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same manner as though the service had been rendered within the limits of the
party where he is regularly employed.
XIV.
In the event that any person performing law enforcement services pursuant
to this Agreement shall be cited as a party to any civil lawsuit, state or federal,
arising out of the performance of those services, he shall be entitled to the same
benefits that he would be entitled to receive if such civil action had arisen out of
the performance of his duties as a member of the department where he is
regularly employed and in the jurisdiction of the party by which he is regularly
employed.
XV.
Each party to this Agreement expressly waives all claims against the other
party for compensation for any loss, damage, personal injury, or death occurring as
a consequence of the performance of this Agreement.
XVI.
It is expressly understood and agreed that, in the execution of this
Agreement, no party waives, nor shall be deemed hereby to waive, any immunity
or defense that would otherwise be available to it against claims arising in the
exercise of government powers and functions.
XVII.
Each party to this Agreement agrees that if legal action is brought under
this Agreement, exclusive venue shall lie in the county in which the defendant
party is located, and if located in more than one county, in the county in which
the principal office of the defendant party is located.
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XVIII.
The validity of this Agreement and of any of its terms or provisions, as well
as the rights and duties of the parties hereunder, shall be governed by the laws of
the State of Texas.
XIX.
In case anyone or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provisions
thereof, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision has never been contained herein.
XX.
Any party to this Agreement may terminate this Agreement by giving thirty
(30) days written notice mailed by certified mail to the chief law enforcement
officer of the other party.
XXI.
This Agreement shall become effective between the parties hereto on the day
after it is fully executed and shall continue in effect until it has been terminated
according to this Agreement.
XXII.
This Agreement may be amended or modified by the mutual agreement of the
parties hereto in writing to be attached to and incorporated into this Agreement.
XXIII.
This instrument contains all commitments and agreements of the parties, and
oral or written commitments not contained herein shall have no force or effect to
alter any term or condition of this Agreement.
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XXIV.
This Agreement shall be executed by the duly authorized official(s) of the
party as expressed in the approving resolution or order of the governing body of
such party, a copy of which is attached hereto.
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CITY OF HURST
~
Bil}' Souder, Mayor
....
ATTEST:
a¿¿i,u-7õ. ,~l~-!-
City ecretary
LEGAL CONTENT APPROVED:
CITY OF NORTH RICHLAND HILLS
Titl~j ~
ATTEST:
~/1.<¿$~ ~J
ty Secretary
DATED AND EFFECTIVE as of the 9:z¡¿ day of o/kL
, 199 O.
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