R-2011-162 - 2011-03-12 RESOLUTION NO. R2011-162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A MUTUAL AID LAW ENFORCEMENT AGREEMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Mutual Aid Law Enforcement Agreement, a copy of which
is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby
authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a Mutual Aid Law Enforcement Agreement.
PASSED, APPROVED and ADOPTED this the 12th day of March, A.D., 2011.
TOM REID
MAYOR
ATTEST:
Y
• Y S 'ETARY
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT "A"
Resolution No. R2011-162
MUTUAL AID LAW ENFORCEMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
This AGREEMENT is made and entered into by, among and between the Cities of Alvin,
Angleton, Brazoria, Brookside, Clute, Danbury, Freeport, Jones Creek, Lake Jackson, Manvel,
Oyster Creek, Pearland, Richwood, Surfside, Sweeny, West Columbia, and Brazoria county, all
parties being Municipal Corporations or County governments duly organized and existing under
the laws of The State Of Texas, acting herein by and through their respective Mayors or County
Judge duly authorized to so act by Ordinance or Resolution duly passed by said Cities or
Counties.
WITNESSETH:
WHEREAS, Chapter 362 of the Texas Local Government Code Authorizes a County or
Municipality by resolution of its governing body to enter into an agreement with any neighboring
municipality or contiguous County 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 Cities of Alvin, Angleton, Brazoria, Brookside, Clute, Danbury, Freeport, Jones
Creek, Lake Jackson, Manvel, Oyster Creek, Pearland, Richwood, Surfside, Sweeny, West
Columbia and the County of Brazoria desire to form such a mutual aid Law Enforcement Task
Force wherein the specialized equipment, facilities, and trained personnel of each Police
Department or Law Enforcement Agency is available to other members of the Task Force on an
as requested basis;
NOW, THEREFORE, KNOWN ALL MEN BY THESE PRESENTS:
That in consideration of the Mutual Covenants, Agreements and Benefits to all 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 Parties)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 with the City of County providing same as
determined by the Chief of Police or Sheriff or Chief Law Enforcement Officer or their
designated representatives.
II.
While any law enforcement officers 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 law enforcement officer therein who is in charge in the County
or Municipality (Requesting Party), with all the powers a regular law enforcement officer in such
other County or 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 County or Municipality, and no other, 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 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 a member of the law enforcement
agency of said requesting jurisdiction made said arrest.
IV.
Peace Officers employed by the parties to the 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.
Each party to this Agreement shall be responsible for its own costs and expenses; specifically the
salary and benefits for its own officer as detailed in paragraph VI below. Expenses relating to
task force such as buy money and investigation expenses will be covered from task force funds.
VI.
The task force fund account will initially be funded with $60,000 provided by the
Brazoria County Sheriff's Office. When the available balance in the account reaches $120,000,
the Brazoria County Sheriff's Office will be reimbursed the $60,000 that was initially placed into
the account for the seed money. The funds collected will be used for purchases that include but
are not be limited to evidence, training, and other investigative expenses. Each agency that
wishes to be a member of the task force will assign an officer (s) to the task force as a full time
position (40 hour work week). The Sheriff's Office will provide office space, computers,
equipment and access to reporting databases. Each agency will be responsible for providing their
officer with all salary, benefits, overtime, vehicle, and fuel.
•
The account will always maintain a balance of$60,000 for operating expenses. At the
end of each fiscal year any remaining funds above the operating expenses will be divided among
the member jurisdictions according to that jurisdiction's number of participants in the task force.
VII.
The term of this Agreement shall be indefinite with 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
specifically provided by amendment to this Agreement.
VIII.
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.
IX.
In the event a party to this agreement in pursuant of its normal investigative activities leaves its
own jurisdiction and enters the jurisdiction of another party to this agreement such party shall
notify the chief law enforcement officer of such other party or his/her designee in advance of
conducting such activities.
X.
To the extent permitted by law, each party shall be responsible for any and all claims, demands,
suits, actions, damages and causes of action related to, arising out of, or in any way connected to
its own actions, and the actions of its personnel in providing Mutual Aid assistance, rendered or
performed under the terms of this Agreement.
XI.
No Party waives or relinquishes any immunity or defense on behalf of itself, its officers,
employees, and/or agents as a result of this Agreement and the performance of services and
assistance contemplated herein.
FOR THE CITY OF ALVIN: FOR THE CITY OF ANGLETON:
Designated Official Designated Official
Date Date
FOR THE CITY OF BRAZORIA: FOR THE CITY OF BROOKSIDE:
Designated Official Designated Official
Date Date
FOR THE CITY OF CLUTE: FOR THE CITY OF DANBURY:
Designated Official Designated Official
Date Date
FOR THE CITY OF FREEPORT: FOR THE CITY OF JONES CREEK:
Designated Official Designated Official
Date Date
FOR THE CITY OF LAKE JACKSON: FOR THE CITY OF MANVEL:
Designated Official Designated Official
Date Date
FOR THE CITY OF OYSTER CREEK: FOR THE CI O PEARLAND:
Designated Official Designate Official
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Date Date
FOR THE CITY OF RICHWOOD: FOR THE CITY OF SURFSIDE:
Designated Official Designated Official
Date Date
FOR THE CITY OF SWEENY: FOR THE CITY OF WEST COLUMBIA:
Designated Official Designated Official
Date Date
FOR BRAZORIA COUNTY:2
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Sheriff
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