R-1867-8-00RESOLUTION NO. 1867-8-00 (R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
CO'UNTY, TEXAS,, APPROVING T11F, TERMS AND CONDITIONS OF AN
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF
ALLEN, TEXAS, AND THE CITY OF PARKER, TEXAS, TO PROVIDE POLICE
AND FIRE SERVICES AT THE BOLINELENIEENTARY SCHOOL SITE;
AUTHORIZING ITS EXE CUTION BY TIIE CITY MANAGER; AND PROVIDING
AN EFFECTIVE DATE.
WWREAS, the City Council of the City of Allen, Collin County, Texas, has been presented a proposed
Interlocal Cooperation Agreement by and between the City of Allen, Texas, and the City of Parker, Texas, a
copy of which is attached hereto as Exhibit "A" and incorporated herein by reference; and,
WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City
Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the City
Manager should be authorized to execute the Agreement on behalf of the City of Allen, Texas; and,
WHEREAS, the City Council of the City of` Allen,, Collin County, Texas, has determined that exchanging and
providing certain govemniental functions and services to the Bolin Elementary School site is in the best interest
of the citizens of Allen and the inhabitants of the Bolin Elementary School which is within the city limits of
Parker and is operated by the Allen Independent School District, and,
WHEREAS, Chapter 791 of the Texas Government Code provides authorization for units of local government
to enter into interlocal cooperation agreements to perform governmental functions and services; and,
'WHEREAS, Allen provides police, fire and other governmental services to Allen Independent School District
(Allen ISD), and,
WHEREAS, Allen and Parker entered into a settlement agreement in a lawsuit filed in the 219th Judicial Court
of Collin County, Texas, styled City qj'Parker, Texas, vs. Ci4y oj'Murphy, Texas, City of Wylie, Texas, and City
of Allen, Texas, Cause No. 219-405-96 which allows Allen to provide goventmental services for the above
mentioned school site; and,
MrHEREAS, the parties desire to enter into an Interlocal Cooperation Agreement for the performance of public
safety and other governmental services at Bolin Elementary School.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1: The terms and conditions of the Agreement, having been reviewed by, the City Council of the
City of Allen and found to be acceptable and in the best interests of the City of Allen, its citizens and the
inhabitants of the Bolin Elementary School are hereby in all things approved.
SECTION 2: The City Manager is hereby authorized to execute the Agreement and all other documents in
connection therewith on behalf of the City of Allen, substantially according to the terms and conditions set forth
in this Agreement.
SECTION : This Resolution shall become effective from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, CO1,LIN
COUNTY, TEXAS, ON TIUSTM, 17""' DAY OF AUGUST, 2000.
StepheiTT'errell, MAYOR
ATTEST:
Judy Mor arra, CMC/AAE, CITY SECRETARY
Resolution Nam. 1867-8-00 (R) Page 2
STATE OF TEXAS §
COUN'ry OF COLLIN §
KNOW ALL MEN BY THESE PRESENTS:
INTERLOCAL COOPERATION AGREEMENT
This Interlocal Cooperation Agreement ("Agreement") is made by and between the City
of Allen, Texas ("Allen") and the City of Parker, Texas ("Parker"), acting by and through their
authorized officers.
(9. X4 0 1 113
WHEREAS, Chapter 791 of the T . Gov'T CODE provides authorization for units of
local government to enter into interlocal cooperation agreements to perform govermnental
functions and services; and
WHEREAS, Allen provides police, fire, and other governmental services to Allen
Independent School District (A.I.S.D.); and
WHEREAS, A.I.S.D. operates a school, Bolin Elementary, located within the city limits
of Parker; and
WHEREAS,, Allen and Parker entered into a settlement agreement in a lawsuit filed in
the 219'"Ridicial Court of Collin County, Texas, styled City of Parker, Texas v. City of Murphy,
Texas, City of' JVylie, Texas and City of'Allen, Texas, Cause No. 219-405-96 which allows Allen
to provide govermnental services, for the above school site; and
WHEREAS, the parties desire to enter into an Interlocal Cooperation Agreement for the
performance of public safety and other governmental services at Bolin Elementary.
NOW, THERE FORE, 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:
TERM
I The initial terrn of this Agreement is for one (1) year, commencing on the last date of
execution by all parties ("Effective mate"') and shall automatically renew for successive one (1)
year terms on the anniversary date of the expiration of the initial term unless either party
provides to the other party written notice to terminate ninety (90) days prior to the expiration of
the then current term,
2. Either party may terminate this Agreement by giving the other party ninety (90) days
prior written notice thereof.
INTERLOCAL COOPERATION AGREEMENT
Page 1 34791
3. Bolin Elementary School Site shall mean the real property and improvements located at
5705 Cheyenne Drive, Parker, Texas 75002 and includes all buildings and streets as may exist
there now or may be constructed in the future on said tract of land, and being further described in
the Warranty Deed in Exhibit "A," attached hereto,
JURISDICTIONAL AGREEMENTS
4, Allen and Parker agree to exchange and provide certain governmental functions and
services to the Bolin Elementary School Site in the following manner:
POLICE SERVICES
A. Allen Police Department ("Allen PD") shall exercise jurisdiction to enforce state
laws and Parker City Ordinances at the Bolin Elementary School Site. Nothing in
this Agreement shall grant Allen Ply more jurisdictional authority or power than
Parker Police Department ("Parker PD") is entitled to exercise under state or local
law at the Bolin Elementary School Site.
B. Except for the provisions in subsection 4.C. below, Allen PD jurisdiction at the
Bolin Elementary School Site shall consist of School Resource Officer program,
preventative patrol, first response to routine/emergency calls for service, first
response to burglar alarin activations, service of warrants, preliminary
investigation of alleged offenses, follow-up investigation of all confirmed
offenses and the: filing of case reports with the Office of the Collin County
District Attorney, as applicable.
C. Allen PD shall not be responsible for conducting follow-up investigations, filing
charges or arresting for Class C misdemeanor offenses committed at the Bolin
Elementary School Site.
D. Allen PD shall notify Parker PD when it is notified of, or becomes aware of, a
Class C misdemeanor offense, including a traffic, offense or a violation of a school
rule regarding the safety and welfare of students, employees, and property and
other rules relating to the operation and parking of vehicles on school property
adopted by the trustees of AJ. .D. pursuant to Section 37.102 of the Texas
Education Code, committed at the Bolin Elementary School Site. Parker PD shall
be responsible for investigating such offense. Parker PD shall be responsible for
issuing citations, making arrests, or filing, charges, as applicable, for all Class C
misdemeanor offenses occurring at the Bolin Elementary School Site in
accordance with state and local laws. Parker PD shall file such charges in the:
Parker Municipal Court or the Justice of the Peace Court having concurrent
jurisdiction over same.
INTERLOCAL COOPERATION AGREEMENT
Page 2 34791
E. Parker PD shall be responsible for completing all required reports related to such
Class C misdemeanor offenses, including,, but not limited to, accident reports,
incident reports, incident -based reports, (IBR's�), and juvenile field inquiries
(JFI's). Parker shall provide its own citations for the issuance of Class C
misdemeanor violations and its own report forms, whether for accident or other, at
its own expense.
F. Allen PD shall be responsible for completing all required reports related to Class
A and B misdemeanor offenses and felony offenses, including, but not limited to,
incident reports, incident -based reports and juvenile field inquiries.
G. In the event Allen PD requests assistance from Parker PD with any incident
occurring at the Bolin Elementary School Site, the command of any such unit
shall be under the Allen PD chain of command.
H. Parker PD officers attempting to serve felony or misdemeanor arrest warrants on
the Bolin Elementary School Site shall first contact the Chief of Police of Allen or
the appropriate designee. Service of felony and misdemeanor arrest warrants
shall occur outside the classroom and in the presence of an Allen PD officer.
1. Parker PD officers attempting to execute search warrants at the Bolin Elementary
School Site shall first contact the Chief of Police of Allen or the appropriate
designee. An Allen PD officer shall accompany Parker PD officers during the:
execution of all search warrants occurring at the Bolin Elementary School Site.
When Allen PD is required to give notice to the Parker PD under subsection 4.1).
above or otherwise, such notice shall be via the Parker PD main number or as
otherwise agreed by the parties,
K. Allen PD and Parker PD shall follow state law, local law and their respective
policies and procedures, including but not limited to standard operating
procedures, general orders and special orders, relating to the performance of duties
pursuant to this Agreement.
FIRE SERVICES
L. Allen Fire Department ("Allen FD") shall exercise jurisdiction to enforce state
laws and Parker City Ordinances and Building Codes at the Bolin Elementary
School Site. Nothing in this Agreement shall grant Allen FD more jurisdictional
authority or power than Parker Fire Department ("Parker FD") is entitled to
exercise under state or local law at the Bolin Elementary School Site.
M, Except for the provisions in subsection 4.M, below, Allen FD's jurisdiction at the
Bolin Elementary School Site shall consist of first response to routine/emergency
calls for fire service, first response to fire alarm activations, fire suppression, fire
control, arson investigation, preliminary investigation of alleged offenses, follow -
INTERLOCAL COOPERATION AGREEMENT
Page 3 34791
tip investigation of all confirmed offenses, code enforcement, emergency medical
services and the filing of case reports with the Office of the Collin County District
Attorney, as applicable.
N, Allen FD shall not be responsible for conducting follow-up investigations or for
filing charges for Class C misdemeanor offenses committed at the Bolin
Elementary School Site.
OAllen Fl) shall notify Parker FD when a Class C misdemeanor offense is
corrunitted at the Bolin Elementary School Site. Parker FD shall be responsible
for investigating such offense, Parker Fl) shall be responsible for issuing all
citations or filing charges, as applicable, on all such Class, C misdemeanor
offenses that occur at the Bolin Elementary School Site in accordance with state
and local law, Parker I'D shall file such charges, in the Parker Municipal Court or
the Justice of the Peace Court having concurrent jurisdiction over same.
P. Parker Fl) shall be responsible for completing all necessary reports related to
Class C misdemeanor offenses committed at Bolin Elementary School Site,
including, but not limited to, incident reports. Allen FD shall be responsible for
completing, when applicable, all necessary reports related to Class A and B
misdemeanor offenses and felony offenses, alarm activations, emergency medical
run reports and incident reports.
In the event Allen FD requests assistance from Parker I'D with any incident
occurring at the Bolin Elementary School Site, such assisting, unit shall report to
and follow the direction of the Allen FD.
R. Parker shall provide Allen Fire Department with copies of all building permits,
building plans, alarm registrations or applications for construction related to the
Bolin Elementary School Site.
S. When Allen FD is required to give notice to Parker FD under this subsection,
such notice shall be via the Parker main number or as otherwise agreed by the
parties.
T. Allen FD and Parker Fl) shall follow state law, local law, and their respective
policies and procedures, including, but not limited to, standard operating
procedures, regarding the performance of duties pursuant to this Agreement.
COMMUNICATIONS
5. '17he Communication Division of the Allen PD, shall serve as the primary Public Safety
Answer Point ("PSAP") for -1-'l calls originating at the Bolin Elementary School Site.
6Allen shall provide primary call and dispatch services for all Police, Fire and Emergency
Medical service calls originating at the Bolin Elementary School Site,
INTERLOCAL COOPERATION AGREEMENT
Page 4 34791
7. All such prior agreements relating to the forwarding of calls for service to the city with
jurisdiction, either Allen or Parker, received by Parker's primary PSAP for 9-1-1, calls shall
continue in effect subject to this Agreement. All calls originating at the Bolin Elementary
School Site shall be forwarded or delivered to the Allen PSAP.
8. Parker PD shall provide jail services and transport services, for the on view arrest by a
Parker Pl) officer of Class C misdemeanor offenders at the Bolin Elementary School Site, as
applicable and in accordance with state and local law, Parker PD shall provide such jail services
through a contract with the Collin County Sheriffs Department or by a detention facility owned
by Parker, Allen PD shall not be responsible, for the on view arresting of Class C misdemeanor
offenders at Bolin Elementary School Site.
9. Allen PD shall provide jail services and transport services to its own department for the
arrests of Class A and B misdemeanor offenders and felony offenders who commit such offenses
at the Bolin Elementary School Site.
10. Parker PD shall be responsible for the service of Parker Municipal Court warrants, if
any, on individuals located at the Bolin Elementary School Site. Parker Pl) shall provide jail
services and transport services for the arrest of such individuals.
11. Allen I'D and Parker PD shall follow their respective procedures, including standard
operating procedures, general orders and special orders regarding the arrest, booking and release
of offenders.
12. Arrest Situations: Allen PD and Parker PD shall comply with all of their respective
contract agreements,, policies and procedures, standard operating procedures, general orders and
special orders regarding the impoundment, storage, and release of motor vehicles when a driver,
owner or person with possession of such vehicle is placed under arrest. If Parker PD arrests such
a person for a Class C misdemeanor offense conunitted at Bolin Elementary School Site, then
Parker PI) shall be responsible for the impoundment, storage and release of the motor vehicle. If
Allen PD arrests such an individual for a Class A or B misdemeanor offense or felony offense
con-imitled at Bolin Elementary School Site, then Allen PD shall be responsible for, the
impoundment, storage and release of the: motor vehicle. The Allen PD and Parker PD shall
authorize their respective contract wrecker to tow and store vehicles under the then existing
contract agreement for towing and impounding vehicles with the service provider.
13. All Other Situations: Parker PD shall be responsible for disposition of motor vehicles
that are illegally parked, abandoned or otherwise in need of towing. Parker PD shall respond to
such notice within a reasonable amount of time, Parker Pl) shall comply with all applicable state
and local laws regarding the towing and impoundment of motor vehicles. Also, Parker PD shall
comply with all of its applicable policies and procedures, standard operating procedures, general
INTERLOCAL COOPERATION AGREEMENT
Page 5 34791
orders and special orders regards regarding the impoundment, storage, and release of motor
vehicles. The Parker PD shall authorize its contract wrecker to tow and store vehicles under the
then existing contract agreement for towing and impounding vehicles with the: service provider.
COURT SERVICE
14. The Parker Municipal Court shall notify the Allen I'D through a mutually agreeable
procedure of any cases scheduled before the municipal court in which the Allen PD issued the
citation or is the complaining witness.
15. Allen shall provide the Parker Municipal Court with copies of the A.I.S.D. Student
Handbook. adopted by the governing board of A.I.S.D. pursuant to Chapter 37 of the Texas
Education Code, and any amendments thereto.
MISCELLANEOUS
16. Notice. Any notice herein required or permitted to be given by Allen or Parker shall be
deemed received when mailed, postage prepaid, properly addressed to the other party for
delivery by certified or registered mail. Until changed, notices shall be sent to the respective
party at the addresses designated below, however, each party has a right to designate a different
address by giving, the other party fifteen (1 5) days prior written notice of such designation:
To Allen: Mr. Peter H. Vargas
City Manager
City of Allen
One Allen Civic Plaza
Allen, Texas 75013
To Parker: Ms. Betty McMenamy
City Administrator
City of Parker
5700 East Parker Road
Parker, Texas 75002
17. Le gal Construction. No amendment, modification or alteration of the terms hereof shall
be binding unless the same be in writing, dated subsequent to the date of this Agreement, and
duly executed by both parties,
18. Governing Law, The obligations and undertakings of each of the parties to this
Agreement are and shall be performed in Collin County, Texas. The validity of this Agreement
and any of its terrns or provisions, as well as the rights and duties of the parties, shall be
governed by the laws of the State of Texas; and any venue for any action concerning this
Agreement shall be in Collin County,, Texas,
INTERLOCAL COOPERATION AGREEMENT
Page 6 34791
19, Entire Agreement'. 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.
20. Severability. In the event 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 Line nforceabi I ity shall not affect the other provisions, and the Agreement shall be
construed as if such invalid, illegal, or unenforceable provision bad never been contained in this
Agreement.
21. Exccution. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original and constitute one and the same instrument.
22. Immunity. Nothing in this Agreement, or any other attachment, shall be construed to
affect, alter, or modify the goverrunental immunity of either party under Texas Civil Practice and
Remedies Code § 101,051.
EXECUTED this day of 2000.
W-01-Wiln
ot
By:
PETER G, SMITH, QfTY ATTORNEY
INTERLOCAL COOPERATION AGREEMENT
Page 7
CITY OF ALLEN, TEXAS
By:
PETER H,Ali ,AS, CITY MANAGER
34791
w
EXECUTED this �day o ;�� . 2000.
CITY OF PARKER, TEXAS
ATTEST:
By:
CITY SECRETARY
i
INTERLOCAL COOPERATION AGREEMENT
Page 8
34791.
0
A.
City Administrator
City of Parker
57010i East Parker Ro
Parker, TX 75�0102
Dear Ms. McMenamy:
At their August 17 meeting, the City Council adopted Resolution No. 1867-8-
OO(R) approving the terms and conditions of an Interlocal Cooperation Agreement
between the City of Allen and the City of Parker to provide police and fire
services at the Bolin, Elementary School Site. An executed original of the
Interlocal Cooperation Agreement is enclosed.
The City of Allen is looking forward to a long, and successful working
relationship with the City of Parker. Please, contact Police Chief Bill Rushing at
972/727-0201, Fire Chief Ron Gentry at 972/727-0260 or me at 972/727-0110
with any questions or concerns you might have.
Sincerely,
Peter H Var
City Ma r
cs
cc: Chief Rushing
Chief Gentry
ONE BUTLER CIRCLE ALLEN, TEXAS 75013
972n27-0100 # FAX 972/727-0165
EMAIL., coaOci.allen.mus