Res 103-2006 8/1/2006 RESOLUTION NO. �_4�v�
A RESOLUTION AUTHORIZING PARTICIPATION IN THE WICHITA
FALLS GANG TASK FORCE AND AUTHORIZING THE EXECUTION OF
AN INTERLOCAL AGREEMENT FOR WICHITA FALLS TASKFORCE
SERVICES WITH THE WICHITA COUNTY DISTRICT ATTORNEY'S
OFFICE; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, A Wichita Falls Gang Task Force is created to combat gang activity
in Wichita Falls; and
WHEREAS, A partnership between the Wichita County District Attorney's Office
and the City of Wichita Falls is necessary to ensure the success of the Gang Task
Force; and
WHEREAS, The attached Interlocal Agreement has been crafted to outline the
duties and responsibilities of each party.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The Cit of Wichita Falls is authorized to participate in the Gang
Taskforce and the attached Interlocal Agreement is hereby approved.
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 1 day of August, 2006.
MAYO R P T M
ATTEST:
C� Clerk
WICHITA FALLS GANG TASK FORCE AGREEMENT
THIS AGREEMENT is entered into on this the 1 St day of August, 2006, by and
between the City of Wichita Falls, Texas and the Wichita Falls Texas Police
Department, (hereinafter referred to as "Coordinating Agency") and the Wichita County
Crimina/ District Attorney's Office, (hereinafter referred to as Participating Agency), both
parties being political subdivisions and local governments or agencies of the State of
Texas, pursuant to the authority granted and in compliance with the provisions of the
Interlocal Cooperation Act, Chapter 791 GOVERNMENT CODE and Chapter 362 of the
Loca� GOVERNMENT CODE of the State of Texas, and in furtherance of the
responsibilities of said parties provided by law with regard to the investigation of gang
related criminal activity and enforcement of gang related laws of this state.
NOW THEREFORE, IT IS MUTUALLY AGREED BY THE PARTIES THAT:
I. DEFINITIONS.
1. Law enforcement officer shall mean any police officer, District
Attorney Investigator, Department of Public Safety officer, sheriff, deputy sheriff,
constable, deputy constable or marshal.
2. Chief /aw enforcement officer means the Wichita County Criminal
District Attorney and the Chief of Police of a municipality, the sheriff of a county, or the
local officer in authority of the Department of Public Safety.
3. Chief administrative officer means the mayor or city manager of a
municipality or the criminal district attorney for a county or the corresponding officer of
the Department of Public Safety.
4. Project Officer shall mean the person designated by the coordinating
agency with primary responsibility for administering grant funds and submission of grant
reports. He shall coordinate the activities of the Task Force at the direction of the
coordinating agency.
5. Project Director shall mean the Wichita Falls Chief of Police.
6. Genera/ Membership Committee shall mean the Wichita County
Criminal District Attorney or his designee, and the police chief or his designee.
II. PURPOSE.
The purpose of this Agreement is to cooperate in the investigation of gang
activity and related criminal activity and enforcement of the gang related laws of this
state within the City Limits of Wichita Falls, Texas. The specific purposes of this
Agreement include cooperation in the following areas:
1. Participating in intelligence activities and other law enforcement
activities on gang activities; and,
2. Maintaining an effective communication nefinrork between the
Coordinating Agency and the Participating Agency.
3. The Wichita County Criminal District Attorney will assign an Assistant
District Attorney(s) to appropriately prosecute cases arising from gang activity in
Wichita County, Texas.
III. AUTHORIZATION.
This Agreement shall be duly authorized by the governing body or equivalent of
each party as evidenced by the signatures of each chief administrative officer herein.
Failure of a governing body to authorize this agreement shall render this agreement null
and void.
IV. RESPONSIBILITIES.
1. A participating agency may request assistance by the Task Force,
said request stating the nature and extent of the problem encountered and designating
a contact officer within the requesting agency. All such requests shall be for gang
related law enforcement activities.
2. The Project Director may make temporary assignments when exigent
circumstances exist.
3. The General Membership Committee shall meet at least quarterly
with the Coordinating Agency. The purpose of such meetings is to provide input to the
participating agency as to the performance of the task force and to discuss crime-
fighting strategies in the region.
V. DUTIES.
Law enforcement officers responding to a request for assistance made pursuant
to this Agreement shall do so under the direction and supervision of the Coordinating
Agency, acting through the chain of command of the Task Force. Said officer shall
possess all of the powers of a regular law enforcement officer of the party requesting
assistance, as fully as though he were within the territorial limits of the jurisdiction
where he is regularly employed. His qualifications for office where he is regularly
employed shall constitute his qualifications for office within the territorial limits of the
requesting agency, and no other oath, bond or compensation shall be required. Law
enforcement officers responding to a request for assistance pursuant to this
Agreement, when traveling to or from the location where assistance is required, shall be
deemed to be employed in the full line and cause of duty of the responding agency.
VI. WAIVER and INDEMNIFICATION.
1. All immunities from liability enjoyed by each party within its own territorial
limits and jurisdiction shall extend to its participation in rendering mutual aid pursuant to
this Agreement outside its territorial limits and jurisdiction unless otherwise provided by
law.
2. All immunities from liability and exemptions from laws, ordinances and
regulations which law enforcement officers employed by the parties have in their own
jurisdictions shall be effective in the jurisdiction in which they are providing assistance
unless otherwise prohibited by law.
3. Each party shall indemnify and hold harmless the other party to this
Agreement from all claims by third parties for property damage or personal injury which
may arise out of activities undertaken while receiving assistance under this Agreement.
In lawsuits where either party may be liable in part or in total for the payment of
damages, then the other party to this Agreement may intervene in such cause of action
to protect its interest.
VII. AMENDMENTS.
This Agreement contains all commitments and agreements of the parties and no
other oral or written commitments shall have any force or effect if not contained herein.
Any proposed amendments shall not become effective until approved in writing by both
parties to this Agreement.
VIII. TERM AND EFFECTIVE DATE.
This Agreement shall become effective August 1, 2006, upon approval by the
governing body or equivalent of both parties and signing by the authorized and
designated agents of each party. It shall remain in effect until September 30, 2007.
IX. VENUE.
Each party agrees that if legal action is brought under this Agreement, exclusive
venue shall lie in Wichita County, Texas.
X. SAVINGS CLAUSE.
In the event that one or more provisions contained in this Agreement shall for
any reason be held invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision of this Agreement and
this Agreement shall be construed as if such invalid, illegal or unenforceable provision
had never been contained in this Agreement.
IN WITNESS WHEREOF, the parties to this Agreement have executed this
Agreement as of the effective date written below, each respective party acting by and
through its governing body and authorized agent in the manner required by each party's
charter or by law on the date herein below specified.
SIGNED this day of , 2006.
PARTICIPATING AGENCY: COORDINATING AGENCY:
WICHITA COUNTY CITY OF WICHITA FALLS,
CRIMINAL DISTRICT ATTORNEY'S WICHITA FALLS POLICE
OFFICE DEPARTMENT
Barry L. Macha, Lanham Lyne, Mayor
Criminal District Attorney
Wichita County, Texas
ATTEST:
Lydia Ozuna, City Cierk
APPROVED AS TO CONTENT:
Dennis Bachman, Chief of Police
APPROVED AS TO FORM:
Bill Sullivan, City Attorney