HomeMy WebLinkAboutResolution 1987-002
Resolution No. 87-?
Be it resolved by the City Council of the City of North Richland
Hills, Texas, that:
1.
The City Manager be, and is hereby, authorized to execute the attached
"Greater Dallas-Fort Worth Regional Law Enforcement Interlocal Assistance
Agreement" as the act and deed of the City.
Passed and approved this 12th
day of
January
, 1987.
~c.M
Mayor
ATTEST:
9-~y~
At
GREATER DALLAS-FORT WORTH REGIONAL
LAW ENFORCEMENT INTERLOCAL ASSISTANCE AGREEMENT
WHEREAS, pursuant to the powers granted under Article XI, Section 5, of
the Texas Constitution, and under Article 4413(32c) and Article 999b, Texas
Revised Civil Statutes Annotated, counties, municipalities and the
Dallas-Fort Worth Regional Airport desire 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 to provide
additional law enforcement officers to protect health, 1 ife and property
against riot, unlawful assembly accompanied by the use of force and
violence, and during times of natural disaster or man-made calamity;
Now, therefore, it is mutually agreed by the parties that:
I.
The following terms shall have the following meanings when used in
this agreement:
(a) "1 aw enforcement offi cer" means any po 1 iceman, sheriff, constable
or deputy constable, marshal, or deputy sheriff;
(b) "police personnel" means any sworn police officer, public service
offi cer, reserve po 1 ice offi cer, sheriff, deputy sheriff,
constable, deputy constable, marshal or employee of the
Dallas-Fort Worth Regional Airport security force;
(c) "member" means a county or municipality which is a party to this
agreement, or the Dallas-Fort Worth Regional Airport;
(d) "municipality" means any city or town, including home rule city
or a city operating under the general law or a special charter;
(e) "chief law enforcement officer" means the chief of pol ice of a
municipality, the sheriff of a county, or the Director of Public
Safety of the Dallas-Fort Worth Regional Airport;
(f) "chief administrative officer" means the mayor or city manager of
a municipality or the county judge of a county.
II.
The members agree to form and by this agreement do form a mutual aid
law enforcement task force, to be known as the Greater Dallas-Fort Worth
Regional Law Enforcement Task Force (the "Task Force").
1
I I I.
The purpose of the Task Force is to cooperate in the
investigation of criminal activity and enforcement of the laws of this
state, and to assist in providing additional law enforcement officers
to protect health, life and property against riot, unlawful assembly
characterized by the use of force and violence, and during times of
natural disasters or man-made calamity.
IV.
A member (the "respondi ng member") other than the Da 11 as-Fort
Worth Regional Airport will assign its law enforcement officers to
perform law enforcement duties outside the responding member's
territorial limits, subject to the responding member's determination
of availability of personnel and discretion as to participation, when:
A. requested by the chief law enforcement officer, or his
designee, of another member (the "requesting member") and
B. the chief law enforcement officer, or his designee, of
the responding member has determined, in his sole discretion, that the
assignment is necessary for the investigation of criminal activity and
for law enforcement.
V.
A respondi ng member other than the Da 11 as-Fort Worth Regi ona 1
Airport wi 11 ass i gn its 1 aw enforcement offi cers to perform 1 aw
enforcement duties outside the responding member's territorial limits,
subject to the responding member's determination of availability of
personnel and discretion as to participation, when:
A. requested by the chief administrative officer, or his
designee, of another member (the "requesting member") and
B. the chief law enforcement officer, or his designee, of
the responding member, in his sole discretion, has determined that the
assignment is necessary to protect the health, life and property of
the requesting county or municipality, its inhabitants, and the
visitors thereto, by reason of riot, unlawful assembly characterized
by the use of force and 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
VI.
A responding member will assign police personnel to perform police
protection and detention services outside the responding member's
territorial limits, subject to the responding member's determination of
availability and discretion as to participation, when:
A. requested by the chief law enforcement officer, or his
designee, of the requesting member, and
B. the chief law enforcement officer, or his designee, of the
responding member has determined, in his sole discretion, that the
assignment is necessary to the providing of police protection and ,detention
services within the territorial limits of the requesting member.
VI I.
Any request for aid under this agreement shall include a statement of
the amount and type of equ i pment and number of personne 1 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 member's chief law
enforcement officer or his designee.
VIII.
Police personnel of the responding member shall report to the requesting
member's officer in tactical control at the location to which they have been
assigned, and shall be under the command of the requesting member's chief
law enforcement officer.
IX.
Police personnel of the responding member will be released by the
requesting member when their services are no longer required.
X.
The chief law enforcement officer of the responding member, or his
designee, in his sole discretion, at any time may withdraw his personnel or
equipment or discontinue participation in any activity initiated pursuant to
this agreement.
XI.
While any law enforcement officer regularly employed as such by a
responding member is in the service of the requesting member, he shall be a
peace officer of the requesting member and be under the command
3
of the requesting member's chief law enforcement officer, with all the
powers of a regular law enforcement officer of the requesting member, as
fully as though he were withi n the territori all imits 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 member, and no other
oath, bond, or compensation need be made.
XI I.
Each party to this agreement expressly waives the right granted by
article 999b, Sec. 5, Tex. Rev. Civ. Stat. Ann. 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 member 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 workers' compensation benefits, the same as though the
service had been rendered within the limits of the member where he is
regularly employed. Moreover, all wage and disability payments, including
workers' compensation benefits, pension payments, damage to equipment and
clothing, medical expenses and expenses of travel, food, and lodging shall
be paid by the member which regularly employes such persons in the same
manner as though the service had been rendered within the 1 imits of the
member where he is regularly employed.
XIV.
In the event that any person performing law enforcement, police
protection, or detention 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 pe rfo rma nce of his duties as a member of the department where he is
regularly employed and in the jurisdiction of the member by which he is
regularly employed.
4
XV.
Each party to this agreement expressly waives all claims against every
other party for compensation for any loss, damage, personal injury, or death
occurring as a consequence of the performance of this agreement.
XVI.
Third party claims against members shall be governed by the Texas Tort
Claims Act or other appropriate statutes, ordinances or laws of the State of
Texas.
XV I I.
It is express ly understood and agreed that, in the executi on of thi s
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 governmental powers and functions.
XVII I.
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 member is located, and if located in more than one county, in the
county in which the principal offices of the defendant member are located.
XIX.
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.
XX.
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 unenforceabilty shall not affect
any other provision thereof and this agreement shall be construed as if
such invalid, illegal, or unenforceable provision had never been contained
herein.
XXI.
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 each party.
5
XXI I.
This agreement shall become effective between the parties hereto on the
day following execution of the agreement by a party, and shall continue in
effect until it has been terminated according to this agreement.
XX II 1.
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.
XXIV.
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.
XXV.
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, and this agreement
shall remain in effect unti 1 rescinded by resolution or order of such
governing body and notice of that action is transmitted in writing to all
other parties to this agreement.
XXVI.
The parties agree that their collective agreement may be evidenced by
the execution of an identical counterpart of this instrument by the duly
authorized officer(s) of each participant, and the failure of any member to
enter into this agreement shall not affect the agreement between and among
the parties executing the agreement.
6
Dated and effective as of the 12th day of January
ATTEST:
(]£a7~/JZ¿, ~;ta:
~anette Rewis, City Secretary
, 198ì.
CITY OF NORTH RICHLAND HILLS, TEXAS
~'
BY: 1?11 ~
Rodger N. i ne
City Manager
APPROVED AS TO FORM:
Rex McEntire, City Attorney
!J~/~
£/
BY: