R82-03 01-25-82 RESOLUTION NO. R82-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE
AN AG~E~NT BY AND BETWEEN THE CITY OF PEARLAND AND
THE CITY OF HOUSTON, TEXAS.
BE IT RESOLVED by the City Council of the City of Pearland,
Texas, that the Mayor be, and he is hereby authorized to execute for
and in behalf of the City, an Agreement by and between the City of Pear-
land and the City of Houston for the purpose of Mutual Aid Law Enforce-
ment.
PASSED AND APPROVED this ~ day of
A. D., 1982.
CITY OF PEARLAND, TEXA~
Mayor
ATTEST:
City Secretary
1,01
MUTUAL AID LAW ENFORCEMENT AGREEMENT
THK STATE OF TEXAS §
COUNTY OF HARRIS §
THIS AGREEMENT is made and entered into by and between the
City of Houston and the City' of Pearland, each party being 'a
municipal corporation duly organized and existing under the laws .
of the State of Texas and acting herein by and through its
respective Mayor duly authorized to so act by ordinance or
resolution duly passed by said Cities.
WITNESSETH:
WHEREAS, Article 999b, TEX.REV-CIV.STAT_ANN. , authorizes a
municipality by resolution of its governing body to enter into an
agreement with any neighboring municipality for the formation of
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, the City of Houston and the City of Pearland desire
to form such a' mutual aid law enforcement task force wherein the
specialized equipment, facilities and trained personnel of the
police department of each party to the task force is available to
the other party on an as requested basis;
NOW, THEREFORE, KNOW ALL MEN BY 1rihSE PRESENTS: That in
•
consideration of the mutual covenants, agreements and benefits to
each party, it is AGREED as follows:
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 and to make
available such equipment or facilities as may be requested for
the investigation or suppression of crime ' within the
jurisdictional areas of the parties; provided that the personnel,
equipment or facilities requested are not otherwise required
within the City providing same as determined by the respective.
p_ '3 "ram - l -R •u s ' •_
S G
r*1
Chief of Police of the providing party. Requests for mutual aid
made pursuant to this Agreement shall be made by and to the
respective Chiefs of Police or his designated representative.
II.
While any law enforcement officer regularly employed by the
providing partyis 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 law enforcement officer
therein who is in charge in that municipality (requesting party),
with all the powers of a regular law enforcement officer in such
other municipality as fully as though he were within the
jurisdiction where he is regularly employed and his
qualification, respectively, for office where regularly employed
shall constitute his qualification for office in such other
municipality, and no other oath, bond, or compensation need be
- made; however, if any third party files a legal claim alleging
negligence on the part of -such officer or damage to person or
property caused by such officer or any other type of misconduct
on the part of such officer while in the service of the
requesting party, such officer shall be considered to have been
in the employ of the providing party when the misconduct occurred
and the providing party shall be responsible for. defending and
payment, if any, of all claims stemming from the act resulting in
such damage_
III.
A law enforcement officer employed by a providing party
covered by this Agreement may make arrests outside the
jurisdiction 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. '
-2-
•
IV.
Peace officers employed by the parties to this Agreement
shall have such investigative or other law enforcement authority
in the jurisdictional area encompassed by this Agreement as is
reasonable and proper to accomplish the purpose for which a
request for mutual aid assistance is made.
V.
Except as provided in Paragraph "II" of this Agreement, each.
party shall be responsible for its own costs and expenses.
VI.
The term , of this Agreement shall be indefinite with each
party having the right to terminate said Agreement upon thirty.
(30) days notice to the other party. The addition of parties .to
this Agreement shall not affect the Agreement between the City of
Houston and City of Pearland except as may be specifically
- provided by amendment to. this Agreement_
• 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. 0
In this Agreement, use of the masculine gender shall include
the 'feminine; use of the singular shall include the plural and
vice versa.
FOR THfI TY OF HOUSTON •
AA--) A'11r.ST:
MAyp--hiOTE i CIiY% SECRETARY
DATE: • DATE: •
FOR CITY OF PE 0
c1
C/Y1iL gt ATTEST. �'�l� Q�
MAYOR CITY SECRET 'Y•
DATE: cu.T fc p t�. ! y 4_ DATE: tin �r'� /7'
-3-