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RES 1994-17TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 9 4 -17 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING AND ADOPTING A MUTUAL AID AGREEMENT FOR POLICE SERVICES BY AND BETWEEN THE TOWN AND THE CITY OF ARGYLE, TEXAS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Town Council of the Town of Trophy Club, Texas (the "Town") does hereby approve, adopt and agree to enter into a Mutual Aid Agreement for police and law enforcement services by and between the Town and the City of Argyle, Texas. A true and correct copy of the said Agreement is attached hereto and incorporated herein Section 2. The Mayor of the Town is hereby authorized, empowered and directed to execute the said Agreement on behalf of the Town of Trophy Club. Section 3. This Resolution shall take effect from and after its date of passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the r t. -h day of _ p p r P m h,, r , 1994. , Town of Trophy ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: µms_ `----T6wr�A4orney, Town of Trophy Club, Texas DOC #: 203149 , Texas STATE OF TEXAS § § MUTUAL AID AGREEMENT COUNTY OF DENTON § This Mutual Aid Agreement (the "Agreement") is entered into as of the �- day of _ December , 199 4 , by and between the Town of Trophy Club, Texas ("Trophy Club") and the City of Argyle, Texas ("Argyle") (together, the "Cities"). WHEREAS, Trophy Club and Argyle are neighboring general law municipalities duly incorporated under the laws of the State of Texas; and WHEREAS, the Cities are authorized by Chapter 791, Tex. Gov. Code (the Interlocal Cooperation Act) to enter into contracts for the performance of certain governmental functions and services, including police protection services; and WHEREAS, the Cities are further authorized pursuant to Chapter 362, Texas Local Government Code (the "Code") to execute mutual assistance agreements to provide additional law enforcement officers to protect health, life, and property against riot, threat of concealed explosives, unlawful assembly accompanied by the use of force and violence, and during times of natural disaster or manmade calamity; and WHEREAS, pursuant to the Code, the Cities may enter into an agreement with one another 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 WHEREAS, Trophy Club and Argyle desire to enter into a mutual law enforcement assistance agreement in the manner and to the extent authorized by law. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein made, the benefits flowing to each of the parties hereto, and other good and valuable consideration, the Town of Trophy Club, Texas and the City of Argyle, Texas do hereby CONTRACT AND AGREE as follows: 1. Incorporation of Premises. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. 2. Effective date. The effective date of this Agreement shall be the _s_ day of October , 1994. 3. Term. The term of this Agreement shall be from nr h n h e r 1 , 199 4 through October 1 , 1996 4. Definitions. When used in this Agreement, the following words and phrases shall have the respective meanings ascribed to them: DOC N: 215979 -2- (a) "Law Enforcement Officer" means a municipal police officer, marshal, deputy marshal who has been commissioned as a peace officer under the laws of this State. (b) "Chief Law Enforcement Officer" means the chief of police of a municipality or the chief's designated representative. (c) "Chief Administrative Officer" means the mayor or city manager of a municipality or their designated representative. (d) "Requesting Party" means the party requesting law enforcement assistance from the Responding Party. (e) "Responding Party" means the party responding to the request for law enforcement assistance from the Requesting Party. 5. Mutual Aid Task Force. The Cities hereby form a mutual aid law enforcement task force to cooperate in the investigation of criminal activity and law enforcement. As a part and function of that task force, the Cities shall assist each other in providing law enforcement officers to protect health, life, safety and property, subject to the terms and conditions set forth herein. 6. Civil Emergency. In the event the mayor or other officer authorized to declare a state of civil emergency of the Requesting Party considers additional law enforcement officers necessary to protect health, life, and property within the jurisdiction of the Requesting Party, because of (i) disaster, (ii) riot, (iii) threat of concealed explosives, or (iv) unlawful assembly characterized by force or violence or the threat of force and violence by three or more persons, acting together or without lawful authority, then, at the request of the said mayor or other officer to the Responding Party, the Chief Administrative Officer or the Chief Law Enforcement Officer of the Responding Party may provide its regularly employed law enforcement officers to assist the Requesting Party. All parts of this Agreement shall apply to such a request and response. 7. General. Law Enforcement and Criminal Investi ag tion. A. Request and Assignment: A party hereto, as the Responding Party, may assign its regularly employed law enforcement officers to provide law enforcement and criminal investigation assistance within the jurisdiction of the Requesting Party when and to the extent: (i) Requested by the Chief Administrative Officer of the Requesting Party; and (ii) The Chief Law Enforcement Officer of the Responding Party in such Officer's sole discretion determines that the assignment is necessary to accomplish the purposes set forth in this Agreement. In no event shall the Chief Law Enforcement Officer of the Responding Party be required to assign such law enforcement officers to the Requesting Party. DOC #: 215879 -3- B. Equipment and Personnel: Any request for aid under this Agreement shall include a statement of the amount and type of equipment and number of personnel required, and shall specify the location to which such equipment and personnel shall be furnished. C. Command Authority: The law enforcement officers of the Responding Party shall report to the Requesting Party's officer in tactical control at the location to which they have been assigned, and shall be under the command of the Chief Law Enforcement Officer of the Requesting Party. D. Release of Law Enforcement Officers: The law enforcement officers regularly employed by the Responding Party shall be released by the Requesting Party when their services are no longer required. E. Withdrawal of Law Enforcement Officers: The Chief Law Enforcement Officer of the Responding Party, in such Officer's sole discretion, may at any time withdraw such assigned officers or equipment from the Requesting Party or discontinue participation in any activity initiated pursuant to this Agreement. 8. Status of Law Enforcement Officer. While any law enforcement officer regularly employed as such by a Responding Party is in the service of the Requesting Party, such officer shall be a peace officer of the Requesting Party and be under the command of the Requesting Party's Chief Law Enforcement Officer, with all the powers, investigatory or otherwise, of a regular law enforcement officer of the Requesting Party, as fully as though such officer were within the territorial limits of the Responding Party, and such officer's qualifications, respectively, for office in the Responding Party shall constitute such officer's qualifications for office within the territorial limits of the Requesting Party, and no other oath, bond, or compensation need be made. 9. Arrest,• Notification. While acting pursuant to this Agreement, a law enforcement officer regularly employed by the Responding Party may make an arrest within the jurisdiction of the Requesting Party. Notice of any such arrest shall be given to the Requesting Party without delay, and the Requesting Party shall make available the notice of the arrest in the same manner as if the arrest were made by its law enforcement officer. 10. Payment of Wages and Expenses. A law enforcement officer ordered by the appropriate official of the Responding Party to perform police or peace officer duties within the jurisdiction of the Requesting Party shall be entitled to the same wage, salary, pension, and other compensation and rights, including injury or death benefits, and payment for any reasonable expenses incurred for travel, food, or lodging, as if such duties were performed within the jurisdiction of the Responding Party. The Responding Party shall pay all such wages and disability payments, pension payments, damages to equipment and clothing, medical expenses, and travel, food and lodging expenses. The Cities agree to and hereby waive all right to reimbursement one from the other of such wages, salary, payments and expenses. 11. Officer Benefits. In the event that any person performing law enforcement services pursuant to this Agreement shall be cited as a party to any civil lawsuit, state or federal, DOC #: 215879 -4- arising out of the performance of those services, such officer shall be entitled to the same benefits that he or she would be entitled to receive if such civil action had arisen out of the performance of such person's duties as a member of the department where and in the jurisdiction of the Party where such person is regularly employed. 12. Waiver of Claims. Each party to this Agreement expressly waives all claims against the other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. 13. Third Party Claims. Third party claims against the Cities shall be governed by the Texas Tort Claims Act or other appropriate statutes, ordinances, or laws. 14. Immunity. It is expressly understood and agreed that, in the execution of the Agreement, neither of the Cities waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 15. Exclusive Venue. Each Party to this Agreement agrees that if legal action is brought under this Agreement, exclusive venue shall lie in Denton County. 16. State Law. The validity of this Agreement and of any of its terms or provisions shall be governed by the laws of the State of Texas. 17. Severability. The terms of this Agreement are severable, and in case any one or more of the provisions contained herein 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 of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 18. Termination. Any Party to this Agreement may terminate this Agreement by giving at least thirty (30) days written notice mailed by certified mail to the Chief Law Enforcement Officer of the other Party. 19. Notice. Where the terms of this Agreement require that notice in writing be provided, such notice shall be deemed delivered three (3) days following the deposit of the notice in the United States mail, postage prepaid, and sent by certified mail, return receipt requested and properly addressed as follows: To Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Attn: Mayor, Town of Trophy Club DOC #: 215879 -5- To Argyle: P- Q- Row MIS Argyle, Texas 76226 Attn: Mayor, City of Argyle 20. Entire agreement. This Agreement represents the entire and integrated agreement between the Cities and supersedes all prior negotiations, representations and/or agreement, either written or oral. This Agreement may be amended only by written instrument signed by both Trophy Club and Argyle. 21. Authority to execute. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. Executed in duplicate originals on the day and year first written above. TOWN OF TROPHY CLUB, TEXAS By Mayor James P. Carter ATTEST: By: Karen Sadri, Town Secretary DOC #: 215879 -6- CITY OF ARGYLE, TEXAS By ATTEST: