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Home My WebLink AboutResolution 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. <_ h~,~ Tommy Brown, M or ATTEST: LJ 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. 2 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 3 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. 4 ___'_'_"_'__~__VM"'~__'_·^______·~___^_···'·_'_~·_"·__.,.~,- 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 5 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. 6 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. 7 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. 8 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. 9