Res 120-91 8/6/1991RESOLUTION NO. 020 f/
RESOLUTION OF THE CITY OF WICHITA FALLS
AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL AID
INTERLOCAL AGREEMENT BETWEEN SEVERAL
GOVERNMENTAL ENTITIES.
WHEREAS, on the 28th day of September, 1988, the City of
Wichita Falls entered into a Mutual Aid Interlocal Agreement,
along with several other governmental entities, to cooperate in
police protection, criminal investigations and law enforcement;
and,
WHEREAS, as set out in paragraph 24 of said Agreement, the
term of the agreement was for one ( 1) year; and,
WHEREAS, it is the desire of the City to enter into a new
Mutual Aid Interlocal Agreement and to further provide for
continuation of its coverage until a signatory cancel its
entity' s participation in writing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
The Mayor is hereby authorized to enter into a Mutual Aid
Interlocal Agreement along with several other governmental
entities to cooperate in police protection, criminal
investigations and law enforcement.
PASSED AND APPROVED this the kis day of
1991.
L!
M A Y O R
ATTEST:
ii. j /A. ' I.(.
City erk
Page 2 of 2 Pages
Agenda Item No.
r
MUTUAL AID INTERLOCAL AGREEMENT
THE STATE OF TEXAS
COUNTY OF WICHITA
This mutual aid interlocal agreement to cooperate in police
protection, criminal investigations and law enforcement made and
entered into by and among WicIIita County, hereinafter referred to as
the "County, " acting herein by and through its county judge, pursuant
to an order duly passed by the commissioners court of the county, and
the City of Burkburnett, the City of Electra, the City of Iowa Park
and the City of Wichita Falls, each organized and existing under and
by virtue of the laws of the State of Texas, hereinafter collectively
referred to as the "Cities, " each acting herein by and through their
respective officers duly authorized to so act by their respective
governing bodies,
W I T N E S S E T H:
WHEREAS, there are within Wichita County seven (7) municipalities
and large unincorporated areas whose boundaries are not always
immediately discernible on the ground; and
WHEREAS, civil emergencies and the growth and complexity of
organized crime and other criminal activity are generally not limited
to
specified jurisdictions; and
WHEREAS, the governing bodies of the County and the Cities desire
to improve police protection, criminal investigations and law
enforcement by entering into a mutual aid interlocal agreement
pursuant to Tex. Civ. Stat. Ann. art. 4413 (32c) (Interlocal
Cooperation Act) (Vernon Supp. 1988) and Tex. Local Govt. Code
362 . 001-362 . 003 (Vernon 1988) ; and
WHEREAS, the County and the cities have determined that it would
be in the best interest of the County and the Cities and the citizens
and inhabitants thereof to enter into an interlocal agreement forming "
a mutual aid law enforcement task force to cooperate in criminal
investigations and law enforcement and to provide additional law
4
enforcement officers to protect health, life and property because of
disaster, riot, threat of concealed explosives, or unlawful assembly
characterized by force and violence of the threat of force and
violence by 3 or more persons acting together or without lawful
authority.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements and benefits to all parties, it is agreed as follows:
1.
In this agreement:
a) "Member" means Wichita County or a City which is a party to this
agreement
b) "Municipality" means Wichita County or a home rule city or a
city, village, or town organized under the general laws of the
State of Texas
c) "Law enforcement officer" means a municipal police officer,
sheriff, deputy sheriff, constable, deputy constable, marshal
and a deputy marshal
d) "Chief law enforcement officer" means the sheriff of Wichita
County or the chief of police of a municipality.
e) "Chief administrative officer" means the county judge of
Wichita County or the mayor of a City.
f) References to the masculine gender include the feminine as well.
another member. Law enforcement officers from one member, when
operating under the authority of this agreement, shall' go into another
member's boundaries to perform law enforcement duties only when
requested by the latter member. However, nothing contained herein is
intended, nor shall it be construed, to restrict or limit the
authority or jurisdiction *hick such law enforcement officers now
have.
5 .
A member may request law enforcement assistance from another
member and the assistance may be provided when the requesting member's
mayor or other officer authorized to declare a state of civil
emergency considers additional law enforcement officers necessary to
protect health, life and property in the county or municipality
because of disaster, riot, threat of concealed explosives, or unlawful
assembly characterized by force and violence or the threat of force
and violence by 3 or more persons acting together or without lawful
authority
6.
A member's chief law enforcement officer may, if he deems
necessary, request assistance in a criminal investigation or law
enforcement from another member.
7 .
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
2 .
The members agree to form and by this agreement do form a mutual '
aid law enforcement task force
3 .
The p urpose of this task force is for the County and Cities to
cooperate in criminal investigations and law enforcement and to
provide additional law enforcement officer to protect health, life and
property because of disaster, riot, threat of concealed explosives, or
unlawful assembly characterized by force and violence or the threat of
3 or more persons acting together or withoutforceandviolencebypgg
lawful authority.
4 .
The County and the Cities by this agreement authorized but do not
require their respective law enforcement officers to cooperate with
each other in criminal investigations and law enforcement and in
providing additional law enforcement officers to protect health, life
and property because of disaster, threat of concealed explosives, or
unlawful assembly characterized by force and violence or the threat of
force and violence by 3 or more persons acting together or without
lawful authority. When law enforcement officers of a member are
responding to a request for assistance from another member, the
jurisdiction of the said law enforcement officers of the responding
member shall include all the geographic area within the boundaries of
the requesting member. It is the intent of the parties hereto to
extend and expand the territorial jurisdiction and authority of their
respective law enforcement officers when responding to a request from
responding member's chief law enforcement officer or his 'designee.
Communications between member agencies shall be determined by the
requesting member's officer in tactical control of the situation.
When practical, the primary means of communications shall be inter
city radio frequency, either mobile to mobile, or mobile to base with
4 .
the requesting member providing communication center coordination.
When the need exists, responding member personnel may be assigned to
processing and transporting arrestees from the scene of incidents to
designated detention facilities. If temporary detention facilities
are necessary and are deemed inadequate by design, continuous
supervision shall be provided for until permanent facilities are
located.
8 .
A responding member will assign its law enforcement officers to
perform police protection duties with requesting member agencies
and/or 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) Properly requested by the chief administrative officer, or
his designee, of another member (the requesting member) (See
paragraphs 5 and 7 , supra) ; and (b) The chief law enforcement
officer, or his designee, of the responding member, is his sole
discretion determines that the assignment is necessary to protect the
health, life and property in the requesting county or municipality
because of disaster, riot, unlawful assembly characterized by force
and violence or the threat of force and violence by 3 or more persons
acting together or without lawful authority.
Tâ -Y r' r r in
9 .
A responding member will assign its law enforcement officers to
perform criminal investigation and/or law enforcement duties with
requesting member agencies and/or 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) Properly requested by the chief law enforcement officer, or
his designee, or another member (the requesting member) (see
paragraphs 6 and 7 , supra) ; and
b) The chief law enforcement officer, or his designee, of the
responding member, in his sole discretion determines that the
assignment is necessary for the criminal investigation or law
enforcement.
10.
Law enforcement officers 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.
11.
Law enforcement officers of the responding member will be
released by the requesting member when their services are no longer
required.
12 .
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.
13 .
While any law enforcement officer regularly employed as such by a
responding member is in the service of a requesting member in another '
jurisdiction pursuant to this agreement, he shall be a peace officer
of the requesting member with all the powers of a regular law
4
enforcement officer of the requesting member, as fully as if he were
in the territorial limits of the governmental entity where he is
regularly employed, and his qualifications for office where regularly
employed constitutes his qualification for office in the territorial
limits of the requesting member, and no additional oath, bond, or
compensation is needed.
14 .
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 peach 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 member where he is regularly
employed. Moreover, all wages 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 member which regularly employs such
person in the same manner as though the service had been rendered
within the limits of the member where he is regularly employed.
r . Mai Y:x.
15.
Each party to this agreement expressly waives the right granted
by Tex. Local Govt. Code 362 . 003 (c) to request reimbursement for all '
wages and disability payments, pension payments, damages to equipment
and clothing, medical expenses, and travel, food and lodging expenses
performed under this agreement.
16.
Each party to this agreement agrees that it shall have no
liability whatsoever for the torts or other acts of a law enforcement
officer employed by another member, regardless of where such tort or
act occurred.
17 .
In the events that any person performing police protection,
criminal investigation or 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 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.
18 .
Each party to this agreement expressly waives all claims against
every other member for compensation for any loss, damage, personal
injury, or death occurring as a consequence of performance of this
agreement.
19.
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.
20.
4
It is expressly understood and agreed that, in the execution of
this agreement, no member 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.
21.
Each party to this agreement agrees that if legal action is
brought under this agreements, exclusive venue shall be in Wichita
County.
22 .
The validity of this agreement and of any of its terms or
provisions,rovisions as well as the rights and duties of the members hereunder,
shall be Yovernedby the laws of the State of Texas.g
22 .
If any provision, section, subsection, paragraph, sentence,
clause or phrase of this agreement, or the application of same to any
person, entity or set of circumstances, shall for any reason be held
unconstitutional, void or invalid, such invalidity shall not affect
the validity of the remaining provisions of this agreement or their
application to other persons, entities or sets of circumstances and to
this and all provisions of this agreement are declared to be
severable.
24 .
This agreement shall remain in effect between the parties hereto
from year to year unless a party gives notice of its intent to
terminate their participation as hereinafter provided. This agreement
shall not become effective4un;il it is signed by the fully authorized
officials of each party as expressed in the approving order of the
governing body of such party, a copy of which is attached hereto.
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. Any party to this agreement may terminate its
participation in this agreement by order of the governing body of such
party and by giving thirty (30) days written notice mailed by
certified mail to the chief administrative officer and chief law
enforcement officer of each member. The withdrawal of any member
shall not affect the agreement among the remaining members which shall
continue in full force and effect.
25.
This instrument contains all commitments and agreements of the
parties, and oral and written commitments not contained herein shall
have no force or effect to alter any terms or conditions of this
agreement.
v daa-EXECUTED in multiple originals on this date day of
CZGr li c.A%1991.
APPROVED AS TO FORM: WICHITA COUNTY, TEXAS
ti
BARRY L. MACHA NICK GIPSON
Criminal District Attorney County Judge
Wichita County, Texas Wichita County, Texas
APPROVED:
THOMAS J. CALLAHAN
Sheriff
Wichita County, Texas
APPROVED AS TO FORM: CITY OF BURKBURNETT,
TEXAS
ALYCE BONDURANT PAT NORRIS
City Attorney Mayor
City of Burkburnett, Texas City of Burkburnett,
Texas
ATTEST: APPROVED:
TAMARA BURCHETT DALE BRYAN
City Secretary Chief of Police
City of Burkburnett, Texas City of Burkburnett,
Texas
I
APPROVED AS TO FORM: CITY OF ELECTRA, TEXAS -
PAUL HAYERS TED MILLER
City Attorney Mayor
City of Electra, Texas City of Electra, Texas
4 ,.
ATTEST: APPROVED:
BOB MEEKS HERB EDWARDS
City Secretary Chief of Police
City of Electra, Texas City of Electra, Texas
APPROVED AS TO FORM: CITY OF IOWA PARK, TEXAS
JAY CANTRELL WAYNE HOUSE
City Attorney Mayor
City of Iowa Park, Texas City of Iowa Park, Texas
ATTEST: APPROVED
JANICE NEWMAN WAYNE PARSONS
City Secretary Chief of Police
City of Iowa Park, Texas City of Iowa Park, Texas
1
APPROVED AS TO FORM: CITY OF WICHITA FALLS,
TEXAS
GREGOR D. HUMBACH MICHAEL .g'
City Attorney Mayor
City of Wichita Falls, Texas ,, City of Wichita Falls,
Texas
ATTEST: APPROVED:
WILMA J. T +MAS CURTIS R. HARRELSON
City Clerk Chief of Police
City of Wichita Falls, Texas City of Wichita Falls,
Texas
APPROVED AS TO FORM: WICHITA COUNTY, TEXAS
BARRY L. 11IACHA NICK GIPSON
Criminal District Attorney County Judge
Wichita County, Texas Wichita County, Texas
APPROVED:
THOMA J. CALLAHAN
Sheriff
Wichita County, Texas
APPROVED AS TO FORM: CITY OF BURKBURNETT,
TEXAS
/ r
ALYCE ONDURANT PAT NORRIS
City Attorney Mayor
City of Burkburnett, Texas City of Burkburnett,
Texas
ATTEST: APPROVED:
± fllCL4Ct L SE
TAMARA BURCIETT DALE BRYAN ,JI
City Secretary Chief of Police
City of Burkburnett, Texas City of Burkburnett,
Texas
APPROVED AS TO FORM: CITY OF ELECTRA, TEXAS
>. -Cia-e-/tX44.4-e-- ---- /13:4-â; ',
/PAUL HAYERS / PED MILLER/
( City Attorney Mayor [
City of Electra, Texas City of Electra, Texas
ATTEST: APPROVED:
Z1111..QS-- ////4<-
BOB MEEKS I HERB EDWARDS
City Secretary Chief of Police
City of Electra, Texas City of Electra, Texas
APPROVED AS TO FORM: CIT OF IOWA PARK, TEXAS
//' / 4411/
JAK CANTRELL WAYI'E HOUSE
City Attorney Mayor
City of Iowa Park, Texas City of Iowa Park, Texas
ATTEST: APPROVED
q(-AAAA C-R ineitAllkak---- â.)/(111-Atir:Q(479.144-v2"-'-'
J NICL NEWMAN WAYNE ARSONS
ity SecretaryJ1 Chie f Police
ity of Iowa Park, Texas City f Iowa Park, Texas
â˘
APPROVED AS TO FORM: CITY OF WICHITA FALLS,
TEXAS
Chi
GREGOR'S' D. HUMBACH MICHAEL LAB---'
City Attorney Mayor
City of Wichita Falls, Texas City of Wichita Falls,
Texas
ATTEST: APPROVED:
(4Ltd.."--)
WILMA J. T' MAS f- '-f/ C RTIS R. HARItLSON -
City Clerk Chief of Police
City of Wichita Falls, Texas City of Wichita Falls,
Texas