R-467-10-83q
RESOLUTION NO. 467-10-83 (R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE PARTICI-
PATION OF THE CITY OF ALLEN IN THE GREATER DALLAS -
FORT WORTH REGIONAL LAW ENFORCEMENT INTERLOCAL ASSIS-
TANCE AGREEMENT.
WHEREAS, the legislature has authorized the formation
of interlocal assistance agreements between and among
counties and cities and their law enforcement agencies;iand,
WHEREAS, the Allen Police Department wishes to parti-
cipate in an interlocal assistance agreement to be known as
the "Greater Dallas -Fort Worth Regional Law Enforcement
Interlocal Assistance Agreement";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ALLEN, TEXAS, THAT:
SECTION 1. The City Manager be and hereby is authorized
to execute the attached "Greater Dallas -
Fort Worth Regional Law Enforcement Inter-
local Assistance Agreement"; and,
SECTION 2. This resolution shall take effect immediately
from and after its passage; and,
SECTION 3. The City Secretary shall distribute copies
of this resolution to affected members of
the Dallas -Fort Worth Regional Law Enforce-
ment Interlocal Assistance Agreement.
DULY PASSED AND APPROVED ON THIS THE 6th
DAY OF October
ATTEST:
Marty Hendrix, INYStECRETARY
. 1983.
M. B. Pierson, MAYOR
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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)
t 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, life 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, is is mutually agreed by the parties that:
I.
The following terms shall have the following meanings when used
in this agreement:
(a) "law enforcement officer" means any policeman,
sheriff, constable or deputy constable, marshal, or
deputy sheriff;
(b) -"police personnel" means any sworn police officer,
public service officer, reserve police officer,
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
r ` rule city or a city operating under the general law or
a special charter;
(e) "chief law enforcement officer" means the chief of
police of a municipality, the sheriff of a county, or
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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").
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
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times of natural disasters or man-made calamity.
IV.
A member (the "responding member") other than the Dallas -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 responding member other than the Dallas -Fort Worth Regional
Airport will assign its law enforcement officers to perform law
enforcement duties outside the responding" member's territorial
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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.
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 availibility 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.
VII.
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 responding member's chief law enforcement officer
or his designee.
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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 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. within the territorial
limits 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.
XII.
Each party to this agreement expressly waives the right granted
4 by article 999b, Sec. 5, Tex.Rev.Civ.Stat.Ann. to request
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reimbursement for services performed under this agreement.
XIII.
t 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
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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
employs such persons in the same manner as though the 'service had
been rendered within the limits 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 performance 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.
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`.
XVII.
It is expressly understood and agreed that, in the execution of
this agreement, no party waives, nor shall be deemed hereby to
waive, any immunity or defense that would otherwise be available to
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it against claims arising in the exercise of governmental powers and
functions.
XVIII.
Each party to this agreement agrees that if legal action is
brought under this agreement, exclusive venue shall lie in the
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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 any one 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
unenforceability 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.
XXII.
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.
XXIII.
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.
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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 until
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.
Dated and effective as of the day of ,
1983.
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