HomeMy WebLinkAboutR90-128065
POLICE - INTERLOCAL AGREENRNT
RESOLUTION NO. R90-128
A RESOLUTION OF THE CITY OF PLAINVIEW, TEXAS, AUTHORIZING
THE CITY ADMINISTRATION TO NEGOTIATE AN' INTERLOCAL
AGREEMENT PROVIDING COOPERATIVE LAW ENFORCEMENT SERVICES
IN HALE COUNTY AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SUCH.
WHEREAS, it has been demonstrated that there is a need for an
interlocal cooperative agreement for law enforcement services in
Hale County; and
WHEREAS, the Plainview City Council feels that it is in the
best interest of citizens of Plainview that such an agreement be
developed.
NOW, THEREFORE, BE IT RESOLVED by the City of Plainview, Texas,
that City Administration is hereby authorized to enter into
negotiations and prepare an Interlocal Cooperative Agreement as it
pertains to law enforcement in Hale County.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager is
hereby authorized to execute said agreement upon its completion.
Passed and Approved this 10th day of April, 1990.
E. V. Ridlehuber, Mayor
ATTEST:
Carla Reese, City Secretary
APPR~S TO CONTENT:
Ro~'~.hsborne,~i~ector of Public Safety
APPROVED AS TO FORM:
David Blackburn, City Attorney
RECIPROCAL LAW ENFORCEMENT ASSISTANCE AGREEMENT
THIS CONTRACT AND AGREEMENT made and entered into on the date of
the last signature hereof, by and between the CITY OF PLAINVIEW, a
Texas municipal corporation ].ocated in the County of Hale, State of
Texas, hereinafter called "PLAINVIEW"; the CITY OF ABERNATHY, a Texas
municipal corporation located in the County of Hale, State of Texas,
hereinafter called "ABERNATHY"; the CITY OF HAI,E CENTER, a Texas
municipal corporation located in the County of Hale, State of Texas,
hereinafter .called "HALE CENTER"; the CITY OF PETERSBURG, a
munic%pal corporation located in 'the County of hale, State of
hereinafter called "PETERSBURG"; the CITY OF KRESS,
municipal Corporation located in the County of Swisher,
Texas, hereinafter called "KRESS";
munici, pal corporation located in the
Texas, hereinafter called "TULIA";
Texas
Texas,
a Texas
State of
a Texas
"SWISHER COUNTY SHERIFF'S OFFICE": the COUNTY
hereinafter called "HALE COUNTY"; and the COUNTY
hereinafter called "SWISHER COUNTY":
municipal corporation located in the County of Swisher, State of
Texas, hereinafter called "HAPPY"; the HALE COUNTY SHERIFF'S OFFICE,
located in the County of Hale, State of Texas, hereinafter called
"HALE COUNTY SHERIFF'S OFFICE"~ the SWISHER COUNTY SHERIFF'S OFFICE,
located ii1 'the County of Swisher, State of Texas, hereinafter called
OF HALE, Texas,
OF SWISHER, Texas,
WITNESSETH
WHEREAS, PLAINVIEW, ABERNATHY, HALE CENTER, PETERSBURG, KRESS,
TULIA, HAPPY, HALE COUNTY SHERIFF'S OFFICE, SWISHER COUNTY SHERIFF'S
OFFICE, HALE COUNTY and SWISHER COUNTY have expressed a desire for
reciprocal law enforcement assistance, all of the said parties being
legally authorized to provide police protection independently; and
the CITY OF TULIA,
County of Swisher, State of
the CITY OF HAPPY, a Texas
WHEREAS, pursuant to the powers
Section 5, of the Texas Constitution,
granted under Article 999b, V.A.T.S.,
ABERNATHY, }{ALE CENTER, PETERSBURG,
9ranted under Article XI,
and the statutory powers
the Cities of PLAINVIEW,
KRESS, TULIA and HAPPY and the
SHERIFF'S OFFICES OF HALE and SWISHER, and COUNTIES OF HALE and
SWISHER desire to enter %nto an agreement in order to satisfy such
stated purposes; and
WHEREAS, the City Con~ission of PI,AINVIEW has authorized the
City Manager to execute an agreement with-the other said parties
pursuant to Resolution No. R90-128
and
WHEREAS, the City Commission
.... passed on April 10, 1990
of ABERNATHY has authorized the
City Manager and C'J. ty Attorney to execute an agreement with the other
said parties pursuant to Resolution No. , passed on
~ and
WHEREAS, the City Counsel of HALE CENTER has authorized the City
Mayor and City Secretary to execute an agreement with the other said
parties pursuant to ReSolution No. _ , passed on
__~ and
WHEREAS, the City Colmnission of PETERSBURG has authorized the
City Manager and City Attorney to execute an agreement with the other
said parties pursuant to Resolution No. , passed on
; and
WHEREAS, the City of KRESS
execute an agreement with tile
Resolution No.
and
(and
has authorized the City Mayor to
other said parties pursuant
, passed on _;
WHEREAS, the City of TULIA has authorized the City
) to execute an agreement with the other said
parties pursuant to Resolution No. , passed on
; and
WHEREAS, the City Commission of HAPPY has authorized the City
Mayor to execute an agreement with the other said parties pursuant to
Resolution No. _ ..... , passed on ;
and
WHEREAS, the Sheriff
OF HALE COUNTY to execute
of HAI,E COUNTY has authorized the SHERIFF
an agreement with the other
said par'ties
passed on
the County Judge to execute an agreement with the ~ther said parties
pursuant to Order No. , passed on
_; and
WHEREAS, the Coim~issioners Court of SWISHER COUNTY has
authorized the County Judge to execute an agreement with the other
said parties pursuant to Article No. , passed on
~ and
WHEREAS, the services rendered in the respective coca,unities as
a result of this agreement are for public purposes and will be of
substantial benefit to the citizens of PLAINVIEW, ABERNATHY, HALE
CENTER, PETERSBURG, KRESS, TULIA, HAPPY, HALE COUNTY SHERIFFS OFFICE,
SWISHER COUNTY SHERIFFS OFFICE, HAI,E and SWISHER COUNTY~
NOW, THEREFORE, PLAINVIEW, ABERNATHY, HALE CENTER, PETERSBURG,
KRESS, TUI,IA, HAPPY, HALE COUNTY SHERIFFS OFFICE, SWISHER COUNTY
SHERIFFS OFFICE, HALE and SWISHER COUNTY, in consideration of the
WHEREAS, %he
parties pursuant to Resolution No. , passed on
; and
Commissioners Court
of HALE COUNTY has authorized
pursuant to Resolution No. ,
; and
WHEREAS, the Sheriff of SWISHER COUNTY has authorized the
SHERIFF OF SWISHER COUNTY to execute an agreement with the other said
mutual benefits to be gained from
assistance hereby agree as follows:
I.
Manager
sheriff
reciprocal law enforcement
MUTUAL OBLIGATION FOR LAW ENFORCEMENT ASSISTANCE
That upon the request of any of the parties hereto by a City
of his designee, a chief of Police or his designee, or a
or his designee, law enforcement equipment and personnel of
any or all of the parties hereto will be dispatched to any point
within the boundaries of said requesting party as designated by said
official or designee of the requesting party, subject to the
emergency conditions hereinafter stated.
B. An emergency condition for law enforcement assistance
shall exist within the boundaries of a party hereto at a time when
there exists a need to protect the health, life and property of the
inhabitants and visitors of said
condition exists, the appropriate
requested partly, as set out above,
requesting party, and when such
official or designee of the
shall determine the advisability
of
requestin9 party, and
designee shall be final.
C. Any dispatch
sending law enforcement
the
equipment and personnel to the said
judgment of the said official or his
of law enforcement equipment and personnel
pursuant to 'this agreement is subject to the following conditions:
1. Any request for aid hereunder 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 Chief of Police or Sheriff, or his designee, of
the responding City or County.
2. Officers of the responding City or County
shall report to 'the officer in charge of the requesting
City or County at the location to which dispatched, and
shall be under the command of the
the requesting City or Sheriff
County.
3.
by the
Chief of Police of
of the requesting
A responding City or County shall be released
requesting City or County when the services of
the responding entity are not longer required or when
the officer in charge of law enforcement officers of
the responding entity is notified that the equipment or
personnel of the responding entity is needed within the
area of which it normally provides police protection.
II.
DELEGATION OF POLICE POWERS
Pursuant to authority granted by Article 999b, V.A.T.S., it is
further agreed that while any law enforcement officer regularly
employed as such in one county or municipality is the the service of
another county or munic%paliby pursuant to this agreement, he shall
be a peace officer of such other county or municipality and be under
the command of the law enforcement officer therein who is in charge
in that county or municipality, with all the powers of a regular law
enforcement officer in such other county or municipality, as fully as
though he were within the county of municipality where regularly
employed, and his qualification, respectively, for office where
regularly employed shall constitute his qualification for office in
such other county or municipality, and no other oath, bond or
compensation need be made.
III.
COMPENSATION
A. Any law enforcement officer who is ordered by the official
designated by the governing body of any county or municipality to
perform police or peace duties with~.n the 'territorial limits of the
requesting county or municipality, pursuant to this agreement, shall
be entitled to the same wage, salary, pension and all other
compensation and ali. other rights for such service, including injury
or death benefits, the same is though the service had been rendered
for the county or municipality where
shall also be paid for any reasonable
lodging that may incur while on duty
municipality.
he is regularly employed, and
expenses or travel, food or
for the requesting county or
B. Ail wage and disability payments, pensign payments, damage
equipment and clothing, medical expense, and expenses of-travel,
or municipality
to
food and lodging shall be paid by the county
regularly employing such law enforcement officer.
IV.
TERMINATION
Any of-the parties hereto may withdraw from this agreement
by giving thirty (30) days written notice mailed by certified mail to
the chief administrative officers of 'the other parties hereto.
EXECUTED by the last entity to sign this day of
, 1990.
ATTEST:
BY:
CITY OF PLAINVIEW
CITY SECRETARY
ATTEST:
CITY SECRETARY
ATTEST:
CITY SECRETARY
ATTEST:
CITY SECRETARY
ATTEST:
CITY SECRETARY
ATTEST:
CITY SECRETARY
BY:
BY:
BY:
BY:
BY:
BY':
CITY OF ABERNATHY
CITY MANAGER
CITY ATTORNEY
CITY OF HALE CENTER
CITY MAYOR
CITY OF PETERSBURG
CITY MANAGER
CITY OF KRESS
CITY
CITY OF TULIA
CITY
CITY OF HAPPY
ATTEST:
CITY SECRETARY
ATTEST:
ATTEST:
ATTEST:
COUNTY CLERK
ATTEST:
COUNTY CLERK
BY:
CITY
HALE COUNTY SHERIFF'S
OFFICE
BY:
HALE COUNTY SHERIFF
SWISHER COUNTY SHERIFF'S
OFFICE
BY:
COUNTY OF HALE
BY:
COUNTY JUDGE
COUNTY OF SWISHER
BY:
COUNTY JUDGE