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Res 165-88 8/16/1988RESOLUTION NO. tV - �V RESOLUTION APPROVING MUTUAL AID INTERLOCAL AGREEMENT WITH WICHITA COUNTY, BURKBURNETT, ELECTRA AND IOWA PARK TO COOPERATE IN POLICE PROTECTION, CRIMINAL INVESTIGATIONS AND LAW ENFORCEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain mutual aid interlocal agreement to cooperate in police protection, criminal investigations and law enforcement, a copy of which is attached hereto, between Wichita County, Burkburnett, Electra, Iowa Park and Wichita Falls, is hereby approved, and the Mayor is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 16th day of August, 1988. M A Y 0 R ATTEST: J / J -�' A/ City C1 rk MUTUAL AIR 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 Wichita County, hereinafter referred to as the "County," acting herein by and through its county judge. pursuant to an order duty 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 Fails, 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 146MEREAS, 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. Rev. Civ. Stat. .Ann. art. 4413(32c) (lnterlocal Cooperation Act) (Vernon Supp. 1988) and Tex. Local Govt. Code 99362.001.362.003 (Vernon 19881; 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 entorcemer.t Officer-, to protect health. life and property because of disaster, riot. threat of conce,ued 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 lawud authority. Page I_ of 11,_ Pages Agenda Item No. 9_a_ NOW, THEREFORE, in consideration of the mutual covenants and agreements and benefits to all parties, it is agreed as follows: 3. The purpose 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 unldwful assembly characterized by force and violence or the threat of force and violence by 3 or more persons dctm g together or without lawful authority. 1. 'rhe County and the Cities by this agreement authorize. but do not require. their l respencve late enforcement officers to cooperate with each other in criminal investigatinns L and l,iw enforcement and in providing additional law enforcement officers to protect health, life and property because of disaster. threat of concealed explosives, or unlawtul Page 4 of 11 Pages Agenda Item No. 9.a. 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. 2. The members agree to form ft and by this agreement do form a mutual aid law enforcement task force. 3. The purpose 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 unldwful assembly characterized by force and violence or the threat of force and violence by 3 or more persons dctm g together or without lawful authority. 1. 'rhe County and the Cities by this agreement authorize. but do not require. their l respencve late enforcement officers to cooperate with each other in criminal investigatinns L and l,iw enforcement and in providing additional law enforcement officers to protect health, life and property because of disaster. threat of concealed explosives, or unlawtul Page 4 of 11 Pages Agenda Item No. 9.a. r r r r r f' I I I 1 L f L L L I I L 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 another member. Law enforcement officers from one member, when operating under the authority of this agreement, shall go into another members 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 which such law enforcement officers now have. 5. A member may request law enforcement assistance from another member and the assistance may only 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. i. 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 he dispatched, but the amount and type of equipment and number of personnel to be furnished shall he determined by the responm ng member's chief law enforcement officer or his designee. Com in" ttmeations between member agencies shall be determined by the requesting member's officer to tactical control of the Page 5 of 11 Pages Agenda Item No. 9-a- situation. When practical, the primary means of communication shall be intercity radio 1 frequency, either mobile to mobile, or mobile to base with the requesting member providing t 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 S territorial limits, subject to the responding member's determination of availability of t`L 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. in 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. 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 G and 7, supra): and (b) The chief law enforcement officer. or his designee. of the r•spondmr member, in his sole discre,tton determines that the assignment is neressary for the I Page 6 of 11 Pages Agenda Item No. 9.a. r r r r r i i i i 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 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. 13. Any law enforcement officer or other person who is assigned, designated. or ordered by the chief law enforcement officer of the member which regularly emplovs 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 henefits, and worker's compensation henehts, the same as though the service had been rendered within the limits of the memner where he is regularly employed. Moreover. all wages and disability pavments, including worker's Page 7 of 11 Pages Agenda Item No. 9.a. T 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. Is. Each party -to this agreement expressly waives the right granted by Tex. Local Govt. Code §362.009(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. l 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, tt regardless of where such tort or act occurred. L 17. In the event 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 t 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 regulars 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 E member for compensation for any loss, damage, personal injury, or death occurring as a L consequence of the performance, of this agreement. 19.L Third party claims against members shall be governed by the 'Texas Tort Claims Act or other appropriate statutes, ordinanceq or laws of the State, of Texas. L Page 8 of 11 Pages; Agenda Item No. 9•a- fi i a: 20. 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 agreement, exclusive venue shall be in Wichita County. 22 The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the members hereunder, shall be governed by the laws of the State of Texas. 23. 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. The term of this agreement shall be one 11) year from the date of signature. This agreement shall not become effective until it is signed by the duly 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 parry and by giving thirty (30) days written notice mailed by certified niad to the chief administrative ntficer and rhiel law Page 9 of 11 Pages Agenda Item No. 9.a. 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. EXECUTED in multiple originals on this the day of ' 1988. APPROVED AS TO FORA: WICHITA COUNTY, TEXAS 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 BURKBIIRNETT, TEXAS ' ALYCE BONDURANT PAT NORRIS City Attorney Mayor City of Burkburnett, Texas City of Burkburnett. Texas ATTEST: APPROVED: LAHONIA WOOD DALE 13RYAN ' City Secretary Chief of Police City of Burkburnett. Texas City of Burkburnett. Texas APPROVED AS TO FORM: CITY OF ELECTRA. TEXAS PAUL IIAYERS BILLY RAY Y.RIGHT City Attorncv ' Mayor I'RY of Electra, rcxas City of Elcrtra. Texas 10 11 ' of Pages Page g 8 Agenda Item No. 9.a. ' r r r r r i r i t r ATTEST: LAJUNE LEWIS City Secretary City of Electra,Texas APPROVED AS TO FORM: JAY CANTRELL City Attornev City of Iowa Park, Texas ATTEST: ITHAMA JOLLEY City Secretary City of Iowa Park, Texas APPROVED AS TO FORM: H. P. HODGE City Attorney City of Wichita Falls, Texas ATTEST: WILMA J. THOMAS City Clerk City of Wichita Falls, Texas APPROVED: DON ANDREWS Chief of Police City of Electra, Texas CITY OF IOWA PARK. TEXAS TIM HUNTER Mayor City of Iowa Park, Texas APPROVED: ALAN SHEFFIELD Chief of Police City of Iowa Park, Texas CITY OF WICHITA FALLS, TEXAS PERRY GOOLSBY Mayor City of Wichita Falls. Texas APPROVED: CURTIS HARRELSON Chief of Police City of Wichita Falls, Texas Page 11 of 11 Pages Agenda Item No. 9.a.