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Home My WebLink AboutR92-117RECIPROCAL GOVERNMENTAL AGREEMENT RESOLUTION NO. R92-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND ENTER INTO ON BEHALF OF THE CITY A RECIPROCAL GOVERNMENTAL AGREEMENT BETWEEN HALE COUNTY AND THE CITY OF PLAINVIEW FOR INTERGOVERNMENTAL SERVICES. WHEREAS, the Interlocal Cooperation Act [art.4413(32c) (Vernon's 1990)1 authorizes and encourages the fullest possible range of intergovernmental cooperative contracting at the local level between counties and cities and other political subdivisions of the state with the objective of improving the efficiency and effectiveness of government; and WHEREAS, the Interlocal Cooperation Act specifically provides that by resolution of the governing bodies, a political subdivision of the state may contract with another political subdivision of the state to participate in a joint operation of a jail facility and other related matters; and WHEREAS, the City of Plainview and the County of Hale have had discussions regarding certain areas where intergovernmental cooperation and services would be to the benefit of both the citizens of Plainview and Hale County. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Plainview, Texas, that the Mayor be authorized to enter into a reciprocal governmental agreement between Hale County and the City of Plainview for the purpose of participating in sharing certain facilities and services pursuant to the attached agreement, incorporated into this resolution. PASSED AND APPROVED THIS 14th day of April, 1992 ATTEST: 4 22 d. Karen McBeth, City Secretary APPROVED AS TO CONTENT: e7X-1/ E.V. Ridlehuber, Mayor APPROVED AS TO FORM: 1007 d Wally Hakch Direc or of Public Safety City Attorney STATE OF TEXAS COUNTY OF HALE 1 i RECIPROCAL GOVERNMENTAL AGREEMENT BETWEEN HALE COUNTY AND CITY OF PLAINVIEW This Agreement is executed in duplicate originals and entered into on the / day of 4p,¢,;) , 1992, by and between the County of Hale, "County" a Texas political subdivision, and the City of Plainview, "City" a Texas municipal corporation, located at 901 Broadway, Hale County, Texas. WITNESSETH WHEREAS, the Interlocal Cooperation Act, art. 1990), authorizes and encourages the fullest intergovernmental cooperative contracting authority at counties and cities and other political subdivisions objective of improving the efficiency and effectiveness 4413 (32c), (Vernon's possible range of the local level between of the State with the of government; and WHEREAS, the Interlocal Cooperation Act specifically provides that by resolution of the governing body, a political subdivision of the State, may contract with other political subdivisions of the State to participate in joint operation of a jail facility; and WHEREAS, the City Council of the City of Plainview, Texas, has found it to be in the best interest of the City of Plainview to enter into a reciprocal governmental agency agreement pursuant to the Interlocal Cooperation Act between the County of Hale and the City of Plainview in regard to certain matters beneficial to both entities; and WHEREAS, the County of Hale, by Resolution, has also found it beneficial for the citizens of the County to enter into a reciprocal governmental agency agreement between Hale County and the City of Plainview; NOW, THEREFORE, it is agreed as follows: SECTION I. COUNTY ASSISTANCE TO CITY. A. Housing of Inmates. The Hale County Sheriff's Department, "Sheriff", upon completion of the new jail addition, shall house, supervise, and control all City of Plainview Class C Misdemeanor cases remanded to the jail by the Municipal Court. B. Municipal Judge Arraignments. The Municipal Judge shall go to the Hale County Law Enforcement Center , "HCLEC", to arraign these prisoners on dates and times set by the Municipal Court. The Sheriff shall provide a suitable area for the judge to conduct these arraignments. C. Responsibility for Inmates. Once an inmate is accepted by County, pursuant to law, all responsibility and liability for said inmate is accepted by the County. In the event that a City inmate requires medical treatment (above and beyond that being administered by the medical staff of the HCLEC) while being housed by the HCLEC, the Director of Public Safety or his designee shall be notified. It shall be the City's responsibility to transport the inmate for medical treatment and assume financial responsibility for the charges incurred. Neither the City nor the County shall be responsible for continuing medical care on any individual housed in the HCLEC as a City inmate. If medical treatment is required as a result of actions of the HCLEC, the County shall assume responsibility. If an arrested person (in the opinion of the County booking officer) requires medical attention prior to being housed, the arresting officer shall be asked to seek medical attention for suspect before he/she is accepted and housed at the HCLEC. SECTION II. CITY ASSISTANCE TO COUNTY. A. The Plainview Police Department shall respond to emergency calls in an area outside the city limits that is agreed upon between the Director of Public Safety and the Sheriff, Monday through Friday, 1:00 a.m. to 8:00 a.m. After the emergency has been resolved, it shall be the decision of the on -duty supervisor as to whether a Hale County Deputy is needed at the scene. If the situation does not require a lengthy follow-up work, the City officer shall make a report and forward it to the Sheriff's Department prior to the end of the shift. If the call does require a lengthy investigation, the on-call deputy shall be notified and the City officers shall return to their assigned work. B. The Plainview Police Department shall assist the Sheriff's Deputies with calls to the east side clubs in emergencies, if requested. The Plainview Police Department may also provide assistance, as needed, to the Sheriff's Department at hours other than those listed previously within the specified area. Any response to a request for assistance under this section is subject to the availability of manpower, as determined by the Director of Public Safety or his designee, and in no event shall assistance be provided if the Director of Public Safety determines that a response would endanger the health, safety, or welfare of City residents or property. C. The City of Plainview Animal Control Department shall provide service to the County within the area specified in Exhibit "A", attached hereto and incorporated herein. The service shall continue to be supplied under the terms of the contract executed on Apert J 199 z , but there shall be no charge for the call. It shall be the responsibility of the on -scene deputy to request that Animal Control be called. Calls outside the service area shall be handled under the terms of the contract and shall be charged to Hale County. SECTION III. TRAFFIC ACCIDENTS IN THE SERVICE AREA. The Plainview Police Department shall not work traffic accidents in the service area, but may respond in the event a County unit is not available to determine if there are injuries and stand by until a Department of Public Safety State Trooper arrives. e SECTION IV. AUTHORITY TO ACT; FILING IN J.P. COURT. The Plainview Police Department shall have written authority from the Sheriff to act on his behalf on all requests for service by the City of Plainview Police Officers. Any Class C misdemeanor arrest or citation made by a city officer in the County shall be filed in Justice of the Peace Court. The Sheriff shall supply the Plainview Police Department with offense reports, supplementary reports, and citations. Any report or citation completed by a City officer shall be immediately forwarded to the Sheriff for his approval and filing. SECTION V. ADMINISTRATIVE PROCEDURES AND POLICIES. Specific details of administrative procedure and policy shall be agreed upon by the Sheriff and the Director of Public Safety upon completion of the jail addition and prior to the first city inmate being housed at the HCLEC. SECTION VI. TERM. Terms of this agreement shall be for one year commencing March 31, 1992 and terminating March 31, 1993. SECTION VII. MODIFICATION. This agreement contains the entire agreement between the parties and no other agreements, written or oral, exist. The terms of this agreement may be amended only by written agreement between both parties. E.V. Ridlehuber, Mayor City of Plainview ATTEST: Karen McBeth, City Secretary APPROVED AS TO CONTENT: Dir rd . Osbo •e ctor of Public Safety APPROVED AS TO FORM: g,u Jal� Y Wall Hath City Attorney Judge Bill Dollars County of Hale ATTEST: L737.�/ Mildred Tucker, County Clerk APPRO 1 AS Charles Tue Sheriff APPROVED AS TO FORM: Terry McEachern District Attorney RECIPROCAL GOVERNMENTAL AGRt,~]~MENT 65 RESOLUTION NO. R92-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND ENTER INTO ON BEHALF OF THE CITY A RECIPROCAL GOVERNMENTAL AGREEMENT BETWEEN HALE COUNTY AND THE CITY OF PLAINVIE~ FOR INTERGOVERNMENTAL SERVICES. WHEREAS, the Interlocal Cooperation Act [art.4413(32c) (Vernon's 1990)] authorizes and encourages the fullest possible range of intergovernmental cooperative contracting at the local level between counties and cities and other political subdivisions of the state with the objective of improving the efficiency and effectiveness of government; and WHEREAS, the Interlocal Cooperation Act specifically provides that by resolution of the governing bodies, a political subdivision of the state may contract with another political subdivision of the state to participate in a joint operation of a jail facility and other related matters; and WHERF~kS, the City of Plalnview and the County of Hale have had discussions regarding certain areas where intergovernmental cooperation and services would be to the benefit of both the citizens of Plainview and Hale County. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Plalnview, Texas, that the Mayor be authorized to enter into a reciprocal governmental agreement between Hale County and the City of Plainview for the purpose of participating in sharing certain facilities and services pursuant to the attached agreement, incorporated into this resolution. PASSED AND APPROVED THIS 14th day of April, 1992 ATTEST: E.V. Ridlehuber, Mayor Karen McBeth, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: Roy Osborne Director of Public Safety Wally Hatch City Attorney