Res 042-2021 Interlocal Agreement MSU for Public Safety and MC 04/20/2021 Resolution No. 42-2021
Resolution authorizing the City Manager to enter into an Interlocal
Cooperation Agreement with Midwestern State University (MSU) for
Public Safety and Municipal Court Services.
WHEREAS, the City and MSU desire to maximize the efficiency and effectiveness
of public safety and court services, and
WHEREAS, the interlocal Cooperation Act (Texas Government Code, Chapter
791) authorizes units of local government to contract with one or more units of local
government to perform governmental functions and services; and
WHEREAS, the Parties have previously entered into an Interlocal Cooperation
Agreement that has been amended from time to time; and
WHEREAS, the Parties desire to enter into a new Interlocal Cooperation
Agreement for public safety and municipal court services; and
WHEREAS, each Party required to make any payments hereunder shall do so
from current available revenue.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute an Interlocal Cooperation Agreement
with Midwestern State University for Public Safety and Municipal Court services.
PASSED AND APPROVED this the 20th day of April, 2021 .
MAYOR
ATTEST:
_Tqcou,. .&0/41,. .?_
City Clerk 1/1
STATE OF TEXAS §
§ INTERLOCAL COOPERATION AGREEMENT
COUNTY OF WICHITA §
This Agreement ("Agreement") entered into by and between the City of Wichita Falls,
Texas ("City"), a Texas municipal corporation, and Midwestern State University ("MSU" or
"tniv ersity"), a coeducational institution of higher education organized under the laws of the
State of Texas and located in Wichita Falls. Wichita County, Texas. City and MSU may be
referred to herein individually each as a "Party"or together as the "Parties."
WHEREAS, the City and MSU desire to maximize the efficiency and effectiveness of
police, fire and emergency medical services; and
WHEREAS, this Interlocal Cooperation Agreement has been authorized by the
go erning bodies of the City and MSU; and
WHEREAS, the Interlocal Cooperation Act (Texas Government Code, Chapter 791)
authorizes units of local government to contract with one or more units of local government to
perform governmental functions and services; and
WHEREAS, each Party required to make any payments hereunder shall do so from
current available revenue; and
WHEREAS, the Parties have previously entered into an Interlocal Cooperation
Agreement that has been amended from time to time; and
WHEREAS, the Parties desire to enter into a new Interlocal Cooperation Agreement for
public safety and municipal court services;
NOW, THEREFORE, in consideration of the terms and conditions contained herein and
other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
Parties agree as follows:
1. Term: The term of this Agreement shall be for one (1) year beginning on the last date all
Parties have executed this Agreement ("Effective Date") and shall automatically renew
annually on the anniversary of the Effective Date for additional one (1) year terms unless
either Party _gi%es written notice of termination thirty (30) calendar days prior to the
expiration of the then current term.
2. Jurisdictional .tureeme,,ts: The City and MSU agree to exchange and provide certain
go\ermnentai functions and services in the following manner:
A. In accordance with Section 51.203 (Campus Peace Officers) of the Texas
Education Code, the primary jurisdiction of MSU campus peace officers includes
Wichita County, Texas and within such jurisdiction such officers: (1) are vested
with all the powers, privileges, and immunities of peace officers; (2) may, in
accordance with Chapter 14, Texas Code of Criminal Procedure, arrest without a
warrant any person who violates a law of the state; and (3) may enforce all traffic
laws on streets and highways (which includes the property depicted in Exhibit "A"
Interlocal Cooperation Agreement—Public Safety &Municipal Court Services Page 1 of 7
and tiros, } ihhc street. \\ ithin the city limits of the City of Wichita Falls which are
cOtlti .i, . to the \1`,l ,:amllus: specifically Taft Boulevard, Hampstead Lane and
\1 c.tctn Park v'.;,v o_
H. \ltit . Police Department ("MSU PD") will exercise primary, non-exclusive
jurisdiction over the property depicted in Exhibit "A" (MSU map) attached hereto.
C. MSU PD's exercise of jurisdiction over the property depicted in Exhibit "A" will
consist of the provision of all police services, except as otherwise specified in
this Agreement, on property owned or under the control of MSU.
D. Subject to the Parties' discretion as to participation and determination of availability of
personnel and resources, and upon the request of either Party. either Party may assign its
law enforcement officer(s) and resources to perform law enforcement duties within the
requesting Party's jurisdiction, provided the chief law enforcement officer of the
requesting jurisdiction, or said officer's designee, has determined the assignment is
necessary. The judgment of the said officer or said officer's designee shall be final.
E. The chief law enforcement officer of either Party, or said officer's designee, in said
officer's sole discretion. may at any time withdraw assignees and discontinue
participation in any activity initiated pursuant to this Agreement.
F. An assigniee shall be a peace officer with all the same powers he might have when within
the territorial limits of the Party for which the assignee is regularly employed. and the
assignee's qualifications for office where regularly employed shall constitute the
assignee's qualifications for office within the jurisdiction of the requesting Party, and no
other oath. pond or compensation need be made. Additionally such ns.igncc shall have
the same investieati\\e authority as if the assignee were investigating criminal activity
within the jurisdictional limits of the Party fur which the assignee is regularly employed.
G. Any assignee shall receive the same wage, salary, pension, and any and all other
compensation and other rights for such service, including injury or death benefits, and
workers compensation benefits, equipment, clothing, and vehicles, the same as though
the service had been rendered within the jurisdictional limits of the Party where the
assignee is regularly employed. Moreover, all wage and disability payments, including
workers compensation benefits, pension payments, damage to equipment and clothing,
medical expenses and expenses for travel, food and Iodging shall be paid by the Party
which regularly employs said assignee in the same manner as though the service had been
rendered within the jurisdictional limits of the Party where said assignee is regularly
employed.
H. Upon the request of the MSU Chief of Police or designee, Wichita Falls Police
Department (WFPD) agrees to provide to MSU Police Department (MSU PD)
specialized personnel and resources, such as SWAT and crime scene
investigation unit, with the WFPD Chief of Police's, or designee's, approval. In
the event MSU PD requests such assistance to assist with any incident occurring
on the MSU owned or controlled property, the command of any such unit will
remain with the WFPD chain of command.
I. Service of Arrest and Search Warrants: Unless otherwise required to respond to an
emergency situation. MSU and WFPD will generally attempt to comply with the
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following guidelines:
a. When WFPD executes a warrant on any property owned or under control of
the University, WFPD will contact the MSU PD and request a University
police officer to accompany the officers. Efforts will be taken to refrain from
interrupting a class to effect an arrest or execute a search warrant.
b. When MSU PD executes a warrant within the city limits of the City, but off
MSU property, MSU PD will contact the WFPD and request a WFPD police
officer to accompany the officers.
3. Communications:
A. The WFPD will assign to the MSU PD a radio call number to be used when authorized to
communicate on WFPD radio frequency.
B. The Communications Division of the WFPD shall serve as the primary public safety
answer point ("PSAP") for 9-1-1 calls originating from residential properties within the
City, including MSU properties.
C. MSU PD shall maintain a secondary PSAP on a twenty-four (24) hour per day, seven (7)
day per week basis.
D. The City shall be responsible for the placement of orders for all 9-1-1 equipment and
services for WFPD with AT&T or other applicable telecommunications company.
E. The City shall provide primary call and dispatch service for all fire and emergency
medical service calls.
F. The City shall forward all police related calls for service originating from MSU property
to the MSU secondary PSAP.
4. Court Service:
A. The City shall provide full municipal court services including municipal court
prosecution for MSU for criminal cases consisting of nro traffic offenses which are:
a. \iolations of Subchapter E of Chapter 51 of the Texas l dueation Code; or
b. rules and regulations promulgated under said subchapter.
If requested h\ ylSl , the Wichita Falls Municipal Court shall separately account for all
lines, cost, ponds, or other funds pertaining to said violations.
B. The City shall provide the municipal court prosecution services including the preparation
and filing of all complaints or other documents necessary for the municipal Court
prosecution of any moving traffic offense which is a violation of Subchapter E of Chapter
51 of the Texas Education Code, or any rules or regulation promulgated thereunder.
C. The Wichita Falls Municipal Court shall notify the MSt I PD offices through a mutually
agreeable procedure of any eases scheduled before the municipal court,
D. MSI; shall provide the Wichita Falls Municipal Court with certified authenticated copies
of the rules and regulations adopted by the governing hoard of MSt pursuant to
Subchapter F of Chapter 51 of the Texas Fducation Code, and any amendments thereto..
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MSU will cooperate in providing availability of its employees for Wichita Falls
Municipal Court testimony who are witnesses in cases brought pursuant to this
agreement. The Wichita Falk \lunicipal Court will send notices for required testimony to
the Chief of Police of the \l'St police Department. The Chief of Police will coordinate
distribution of the notice to appear to the relevant MSU employees.
E. MSU shall comply with the Wichita Falls Municipal Court policies and procedures for
the filing of citations and/or criminal cases pertaining to moving traffic offenses which
are violations of Subchapter E of Chapter 51 of the Texas Education Code or any rules or
regulations promulgated thereunder.
F. As payment for the services to be provided by City to MSU under this Agreement, MSU
agrees, to the extent allowed by law, that all fines and costs assessed and collected by the
Wichita Falls Municipal Court shall be forfeited to the City in payment for said services.
5. Clery Act Compliance:
The Parties acknowledge that the University is required by federal law to comply with all
aspects of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime
Statistics Act. In order to facilitate the University's compliance with the Act, the Parties
agree:
A. That the University is required to collect and publish statistics for reports of certain
crimes, including crimes that occur on and around campus. As part of that obligation. the
University must request crime statistics from \V-FPD annually. WFPD agrees to cooperate
with the University and undertake reasonable efforts to respond to the Universio:
request for crime statistics.
B. That the University is required to have an emergency notification process to alert the
campus community about siimilicant emergencies or dangerous situations that pose an
immediate threat to the health or safety of students or employees occurring on campus.
The University is also required to issue timely warnings to alert the campus community
about crimes that pose a serious or continuing threat to safety when a crime is ongoing or
may be repeated.
C. If WFPD is aware of a significant emergency. dangerous situation, or ongoing crime that
poses an immediate threat to the health and safety of the University's students, faculty or
staff, WFPD shall notify MSU PD so that MSU PD can determine whether an emergency
notification or timely warning should be issued b) the University.
D. That the University is required to maintain a daily list of all criminal incidents and
alleged criminal incidents that occur on and around campus. WFPD agrees to notify the
MSU PD as soon as practical of any criminal incidents or alleged criminal incidents that
are reported as having occurred on University property, or on public property
immediately adjacent to University property.
6. Notice: All notices required or permitted by this Agreement shall be in writing and be
deemed received when deposited in the United States mail, postage prepaid, addressed to the
following or such other person or address as the Parties may designate in writing or by hand
delivery or facsimile transmission to the address set forth below:
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If intended for the City: City Manager
City of Wichita Falls
1 300 7th Street, Wichita Falls,Texas 76301
with copy to: Wichita Falls City Attorney
1300 7'1' Street,
Wichita Falls, Texas 76301
If intended for MSU PD: Chief of Police
Midwestern State University
3410 Taft Blvd.
Wichita Falls, TX 76308
With copy to: General Counsel
Midwestern State I niversity
3410 Taft Blk J.
Wichita Falls, TX 76308
7. Amendment: this Agreement may be amended by the mutual agreement of the Parties in
writing and attached to and incorporated in this Agreement.
8. Laws Go ernint: I he validity of the Agreement and any of its terms or provisions, as well
as the rights and duties oIthe parties, shall be governed by the laws of the State of Texas; and
venue for any action concerning this Agreement shall be in Wichita County, Texas.
9. Enforceability: In the event that one or more of the provisions contained in this Agreement
shall, for any reason, be held to be invalid, illegal, or unentorceable, in any respect, such
invalidity, illegality, or unenforceability shall not affect other provisions, and the Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had -never been
contained in it.
10.Headittgs: Paragraph headings are for convenience only and are not intended to expand or
restrict the scope or substance of the provisions of this Agreement.
11.No Third Party Beneficiaries: Nothing herein shall be construed to give any rights or
benefits to anyone other than the City and MSU. Failure to comply with any of the
provisions of this agreement shall not invalidate any action taken pursuant to this Agreement
or grant any rights to any person suspected or charged with a crime.
12.Entire Areement: This Agreement embodies the complete understanding of the Parties
hereto, superseding all oral or written previous and contemporaneous agreements between
the Parties and relating to the matters in this Agreement.
13. Authorization: By executing this Agreement, each Party represents that they have full
capacity and authority to grant all rights and assume all obligations that they have granted
and assumed under this Agreement, and that this Agreement has been authorized by the
governing body of the respective Party.
14. Counterpart: This Agreement may be executed in any number of counterparts, each of which
shall he deemed an original and constitute one and the same instrument.
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IN WITNESS WIIEREOF. the Parties hereto, haying represented and Nvarranted their authority
to enter into and execute this Agreement. has executed this Agreement effective as of the last
date written below.
CITY OF WICHITA, TEXAS IIDWESTERN STATE UNIVERSITY
I):Arran I Biker, City Manager Sur,u Shipley, res'de
Date Date Signed: 2+ .21
ATTEST: APPROVED AS TO FORM:
Marie £ althrop. City Clerk Barry LCeha, General Counsel
Date Signed: Date Signed: 44 "ch• ? 2 J
APPROVED AS TO FORM:
Kinley Hegglund, City Attorney
Date Signed:
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