Loading...
HomeMy WebLinkAboutResolution No. 88-07 RESOLUTION N0. R 88-7 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST AN AGREEMENT FOR MUTUAL AID LAW ENFORCEMENT PURSUANT TO THE PROVISIONS OF ARTICLE 999b , TEXAS CIVIL STATUTES; AND MAKING CERTAIN FINDINGS AND PROVISIONS RELATED TO THE SUBJECT . WHEREAS, crime does not recognize governmental boundaries ; and , WHEREAS , the Texas Legislature recognized the area-wide nature of law enforeement through the enactment of Article 999B, Texas Civil Statutes , which authorizes a county or municipality by resolution or other order of its governing body to enter into an a�reement with any nei�hborin� municipality or eounty for the formation of a mutual aid law enforcement task foree to cooperate in the investi�ation of criminal aetivity and enforcement of the laws of this State ; and , WHEREAS , various law enforcement agencies in the Texas Gulf Coast area have available certain specialized equipment and facilities and specially trained personnel which may occasionally be needed by other area law enforcement agencies ; and , WHEREAS , it is the opinion of the City Council that it is in the best interest of all area political subdivisions to promote effective law enforcement throughout the area by assistin� one another in the investigation and suppression of crime , by providing specialized facilities , equipment and services and by assisting one another in any other fashion caleulated to promote better crime prevention and detention; and WHEREAS , it is the opinion of the City Council of the City of Friendswood that the best interests as well as the general safety and welfare of the residents of the City of Friendswood will be served by the execution of such a mutual aid law enforcement a�reement ; 1 NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , TEXAS: SECTION 1 . On behalf of the City of Friendswood the Mayor is hereby authorized to execute that certain aid law enforcement agreement with the City of Galveston, a copy of which is attached hereto , participatin� in a special task force for the investigation and suppression of crime through providin� and receiving specialized facilities and equipment , along with specially trained personnel , to and from the law enforcement agencies of said governmental units on an as required basis , provided that the requested personnel , equipment or facilities are not otherwise required within the donating eity. Said agreement shall be accomplished pursuant to the terms and conditions of Article 999B, Texas Civil Statutes , with law enforeement officers of the City of Friendswood having the authority in the re�ion encompassed by the agreement outside of the corporate limits of the City of Friendswood to investi�ate suspected criminal aetivity and take the necessary law enforcement actions , including arrest , dictated by the particular situations addressed . Said agreement shall provide that each law enforcement agency concerned be responsible for its own expenses without reimbursement to the assisting agency. PASSED , APPROVED AND RESOLVED THIS THE 7TH DAY OF MARCH, 1988 . Ralph . Lowe , Mayor ATTEST: . . Deloris MeKen ' e , CMC City Secretary R88-7 jt 2 MUTUAL AID LAW ENFORCEMENT AGREEMENT , THE STATE OF TEXAS � � COUNTY OF GALVESTON � THIS AGREEMENT is made and entered into by and between the City of Galveston and the City of Friendswood including any city or other government or law enforcement agency which shall hereafter form and become a party as provided hereinbelow, acting herein by and through their respective Mayors or other duly authorized officials: W I T N E S S E T H : WHEREAS , Article 999b, Texas Revised Civil Statutes Annotated, authorizes a county or municipality by resolution of its governing body to enter into an agreement with any neighbor- ing municipality or contiguous county for the formation of a mutual aid law enforcement task force to cooperate in the investi- gation of criminal activity and enforcement of th e laws of this State; and, WHEREAS, the cities of Galveston and Friendswood, and other cities and agencies which may hereafter become parties hereto, desire to form a mutual aid law enforcement task force wherein the specialized equipment , facilities and trained personnel of their respective police departments or law enforce- ment agencies are available to each other as requested and required; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, agreements and benefits to the parties, it is AGREED as follows : I. During the term of this Agreement, the parties agree to provide upon request of one party (requesting party) to the other � (providing party) such law enforcement personnel, including avail- able equipment and facilities , as may be requested for the investigation or suppression of crime within the jurisdictional area of the requesting party; provided that the personnel, equip- ment and facilities requested are not otherwise required by the providing party as determined by the Chief Law Enforcement Officer of the providing party. Requests for mutual aid made pursuant to this Agreement shall be made by and to the respective Chief Law Enforcement Officers or their designated representa- tives. II . . While any law enforcement officer regularly employed by the providing party is in the service of a requesting party pursuant to this Agreement, he shall be a peace officer of such requesting party and be under the command of the requesting party' s law enforcement officer who is in charge, and said peace officer shall have all the powers of a regular law enforcement officer of the requesting party as fully as though he were within the jurisdiction where he is regularly employed; and his qualifi- cation for office with the providing party shall constitute his qualification for office with the requesting party; and no other oath, bond, or compensation need be made. ' III . A law enforcement officer employed by a providing party covered by this Agreement may make arrests outside the jurisdic- tion in which he is employed, but within the area covered by the Agreement ; provided, however, that the law enforcement agency within the requesting jurisdiction shall be notified of such arrest without delay. The notified agency shall make available the notice of such arrest in the same manner as if said arrest were made by a member of the law enforcement agency of said requesting jurisdiction. IV. Peace officers employed by the parties to this Agree- ment shall have such investigative or other law enforcement authority in the jurisdictional area encompassed by this Agree- ment as is reasonable and proper to accomplish the purpose for which a request for mutual aid assistance is made. V. Each party to this Agreement shall be responsible for its own costs and expenses. VI. The term of this Agreement shall be indefinite, with either/any party having the right to terminate said Agreement upon thirty ( 30 ) days notice to all other parties. The addition or deletion of parties to this Agreement shall not affect the Agreement as to the remaining parties except as may be speci- fically provided by amendment to this Agreement. -2- . . VII . The parties shall observe and comply with all Federal, State, County and City laws, rules, ordinances and regulations in any manner affecting the conduct of the services herein provided and performance of all obligations undertaken by this Agreement. VIII . The parties agree that any other law enforcement agency acting by and through its duly constituted governing body may become a party to this Agreement by executing an appropriate amendment to this Agreement signifying its agreement to all of the terms and provisions hereof, executed by all of the then- existing parties hereto. • FOR THE CITY OF GALVESTON: '-7 . �-��GZu�c-f.c- , ,.- � G�� ATTEST: � /l'� /`2�-C�.. JANICE R. COGGESHA , MAYOR CITY S CRETARY t�ATE: �j FOR THE CITY OF FRIENDSWOOD: ATTEST: � � ALPH L. LOWE , MAYOR CITY StiCRETAR DATE: MARCH 7 , 1988 -3-