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Home My WebLink AboutO-1988-1618 . e ORDINANCE NO. 1618 AN ORDINANCE APPROVING AND AUlHORIZING AN AGREEMENT FOR MUTUAL AID lAW ENFOR:EMENT PURSUANT 'ID '!HE PROVISIONS OF ARTICLE 999b, TEXAS CIVIL STATtJI'ES: M/\KING CERl'AIN FINDINGS AND PROVISIONS REIATED 'ID '!HE SUBJECT; PROVIDnG FOR READING BY DESCRIPTIVE CAPTION ONLY; AND ProVIDING FOR AN EFFEX:'TIVE DATE. WIIE:REAS, crime does not recognize goverrnnental boundaries; and, WHERFJ.\S, the Texas legislature recognized the area - wide nature of law enforcement through the enacbnent of Article 999b, 'lexa.s Civil Statues, which authorizes a county or municipality by resolution or other order of its governing bcxiy to enter into an agreanent with any neighlx>ring municipality for the fo:cnation of a mutual aid law enforcanent task force to cooperate in the investigation of criminal activity and enforcement of the laws of this State; and, WHEREAS, various law enforcemmt agencies in the Texas Gulf Coast area have available certain specialized equipnent and facilities and specially trained personnel which may occasionally be needed by other area law enforcement agenices; and, WHEREAS, it is the opinion of the City Cbuncil that it is in the best interest of all area political subdivisions to prarote effective lawenforcanent throughout the area by assisting one another in the investigation and suppression of crime, by provid- ing specialized facilities, equipnent and services and by assisting one another in any other mshion calculata:i to pranote better crime prevention and detection; and, Whereas, it is the opinion of the city colmcil of the City of Ia Porte that the best interests as well as the general safety and welfare of the residents of the City of Ia Porte will be served by the execution of such a mutual aid law enforcement agreE!lE1tJ . e ORDINANCE 1618, Page 2 NCJo1 THEREFORE, BE IT ORDAINED BY THE CITY CDUNCIL OF THE CITY OF IA PORI'E TEXAS: S~ION 1. On behalf of the City of La Porte the Mayor is hereby authorized to execute a mutual aid law enforcanent agreem:mt with the City of Port Arthur for the purpose of partici- pating in a special task force for the investigation and suppression of crime through providing and receiving specialized facilities and equipnent, along with specially trained persormel, to and from the law enforcanent agencies of said governmental units on an as requested basis; provided that the requested per- sormel, equipnent)', or facilities are not otherwise required within the donating city. Said agreement shall be acccmplished pursuant to the tenns and oonditions of Article 999b, Texas civil Statutes, with law enforcanent officers of the city of La Porte having the authority in the region encanpassed by the agreement outside of the corporate limits of the city of La Porte to investigate suspected criminal activity and take the necessary law enforcement actions, including arrest, dictated by the particular situa- tions addressed. Said agreanent shall provide that each law enforcement officer concerned receive his or her regular salary and benefits. SEx::TION 2. That City' Council of the City of La Porte hereby approves the 'MUtual Aid Law 'Enforcement Ag'reement attached hereto and made a part hereof. SFX:TION 3. That this Ordinance shall be and becane effective fran and after its adoption. READ, AOOPlED AND APPROVED this ..ll.:th day of November A.D., 1988, at a Special ~g of the City Council of the City of La Porte, Texas, by the following vote: AYES: Mayor Nonran Malone , Councilnenbers, Bettv Waters. Mike rmppr, Ai ton Porter, Deotis Gay, B. Don Skelton, Jerrv Clarke tuI'ES : . ORDINANCE 1618, Page 3 e 1L~~.?&~g~ NO MAIONE, MAYOR . ATl'EST: ~~ City Secretary ~d~ City Attorney APP{$roR~ QkQ~~ . ~, Charles E. smith, Chief Of Police , ,- --- . e e MUI'UAL AID UWI ENFORCEMENT AGREEMENl' '!HE STATE OF TEXAS COUNI'Y OF HARRIS THIS AGREEMENT is made and entered into by and between the City of La Porte and the City of Port Aruthur, including any city or other government or law enforcement agency which shall hereafter fonn and becane a party as " provided h~ein below, acting herein by and through their respective Mayors or other duly authorized officials: WITNESSETH: WHEREAS, Article 999b 'fexas Revised Civil Statutes " . Armotated, autlX>rized a county or municipality by r~solution of its governing tx:x:ly to enter into an agreement with any neighboring municipality or contigous CX>\.U1ty for the fonration of a ItUltual aid law enforcem:nt task force to cooperate in the investigation of criminal activ:ity and enforcement of' the laws of this State; ~d, , . . WHEREAS, the Cities 'of La Porte and Port Arthur, and other cities and agencies' which may hereafter becane parties hereto, desire to fonn a ItUltual aid law enforcement task force wherein the specialized equipnent, facilities and trained persarmel of their respective police departments or law enforcement agencies are available to each other as requested and required; NCW, THEREFORE, KNO\I ALL MEN BY THESE PRESENTS: That in consideration of the ItUltual convenants, agreements and benefits to the parties, it is AGREED as follows: I. DJring the tenn of this Agreement, the parties agree to provide upon request of one party (requesting party) to the other (providing party) such law enforcenent personnel, D e . including available equipnent and facilities, as may be requested for the investigation or suppression of crime within the jurisdictional area of the requesting party; provided that the personnel, equipnent arrl facilities requested are not otheI:wise required by the providing party as detennined by the Chief Law Enforcement Officer of the providing party. Requests for mutual aid made pursuant to this Agreement shall be made by and to the respective Chief Law Enforcanent Officers or thier designated representatives~ . \. II. While any law enforcement officer 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 ccmnand of the requesting party's law enforcement officer who is in charge, and said peace officer shall lJave all the FO~s of a regular law ~. enforcanent officer .of the requesting party as fully as though he were within the jurisdiction where he is regularly employed; and his qualification for',office with the providing partly shall constitute his qualification for office with the requesting party; and no other oath, moo, or..canpensation need be made. III. A law enforcement officer employed by a providing party covered by this Agreement may make arrests outside the jurisdic- tion in which he is employed, but \iithin the area covered by the Agreement; provided, however, that the law enforcement agency within the requesting jurisdiction shall be notified as such arrest without delay. The notified agency shall make available the notice of Such arrest in the sarre manner as if said arrest ~e made by a nenber of the law enforcement agency of said requesting jurisdiction. N. Peace officers employEd oy the parties to this Agreement shall have such investigative or other law enforcement authori ty in the jurisdict; ional area encanpassed by this e . Agrearent as is reasonable and proper to accx:mplish the purpose for which a request for mutual aid assistance is nade. v. Any law enforcement officer who is ordered to perform police or peace duties for a requesting party outside the terr- torial limits where he or she is regularly employed, shall be entitled to tie same wage, salary, pension and all other compen- sation and all other rights for such service, including but not limited to injury or death benefits as though the service had been rendered within the officers own county or jurisdiction. Any such officer shall be paid for any reasonable expense of travel, focxi or lcdging which may be incurred while on duty to the requesting party. VI. The te.-..:m of this Agreatlent shall be indefinite, with either/any party having the right to tenninate said Agreement upon thirty (30) days notice to all other parties. The addition or deletion or parties to this Agreanent shall not affect the Agrearent as to the renaining parties except as nay be specifically provided by arrendment to this agreanent. VII. The parties shall observe and canply with all Federal, State, County and City laws, rules, ordinances and regulations in any manner affecting the conduct of the services herein pro- vided and performance of all obligations undertaken by this Agreanent. VIII. The parties agree that any other law enforcanent agency acting by and through its duly constituted governing l:XJdy may bea:me a party to this Agreement by executing an appropriate amendment to this Agrearent signifying its agreement to all of the terms' and provisions hereof, executed by all of the then- existing parties hereto. . .' I' '\,. -,,' , \,' J; " ~ . . i . J 1 , FOR THJ;:. .~ITY' ,OF: I.A PORI'E .,' '.'/ . , '. \ ,,' 1 , ,. ( . ." I : ,/ \ ",,~ ; I .V I / : I' ;, ,.,: WC7~ .;; . / ' \ Y, l-~~ -It'. "I( J) ., II' I , , I I . I ~ I ,I ~... r 1\\0:' I,' 1111 \ \ \. I ' '\\\.. ' LW!'E: /f;J/-/i9 FUR THE CI'r~ OF PORI' ARlHUR MAYOR DATE : . \ .'t1I ATrFST: (l ~j&Jv CITY SOCRETARY DATE : II/Iflg y- , ATI'EST: CITY SECREI'ARY MTE: