Loading...
HomeMy WebLinkAboutResolution No. 02-07 ORIGINAL CITY OF THE COLONY, TEXAS RESOLUTION NO. '? A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT AMONG THE CITIES OF THE COLONY. LEWISVILLE, DENTON, COPPELL, ROANOKE, LITTLE ELM, THE TOWNS OF FLOWER MOUND AND TROPHY CLUB AND DENTON COUNTY FOR THE PROVISION OF AN ARSON TASK FORCE IN DENTON COUNTY; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Manager o£ the City of The Colony, Texas, is hereby authorized and empowered to execute an Interlocal Cooperation Agreement among the cities of The Colony, Lewisville, Denton, Coppell, Roanoke, Little Elm, the Towns of Flower Mound and Trophy Club and Denton County for the provision of Arson Task Force in Denton County as defined in the Agreement. Section 2. That a tree and correct copy of the Interlocal Cooperation Agreement is attached hereto and incorporated herein. Section 3. That this resolution shall take effect immediately from and after its passage. ~_5~PASSED A, ND APPROVED by the City Council of the City of The Colony, Texas, this day of 7~~~,~ 2002. ' Bemetta Henvllle Shannon, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary ARSON TASK FORCE INTERLOCAL AGREEMENT STATE OF TEXAS ) ( COUNTY OF DENTON ) ( This Agreement is entered into by and among the City of Lewisville, Town of Flower Mound, City of Denton, City of The Colony, City of Coppell, City of Roanoke, Town of Trophy Club, City of Little Elm, and Denton County, Texas by and through the Denton County Fire Marshal's Office (hereinafter referred to collectively as the "Parties"). The Parties execute this Agreement as hereinafter provided pursuant to the Interlocal Agreement Act, Texas Government Code, section 791.011, et seq., and the Texas Local Government Code, section 362.002, et seq., and all other applicable statutes. WHEREAS, there is a need for investigative and prosecuterial cooperation in suspected arson cases in Denton County; and WHEREAS, the Parties hereto have determined that the best possible method for attacking the arson problem within Denton County is an agreement establishing such cooperation by way of a Task Force; and WHEREAS, the Parties desire te enter into this Agreement te provide investigative and presecuterial cooperation in connection with arson and other criminal cases; and WHEREAS, each party is authorized to perform the services contemplated herein the Parties for the mutual consideration hereinafter stated, agree and understand as follows; NOW THEREFORE, I. The Parties execute this Agreement for the purpose of providing arson detection, investigative, and prosecutorial capabilities to each other as the need arises. II. The Denton County Fire Marshal will be the coordinator of the Arson Task Force created by this Agreement, and the Denton County Fire Marshal's Office will be the central repository of the Parties' executed counterparts of this Agreement. III . When requested by one party to this Agreement, another party to this Agreement may provide available men~bers of its fire and explosive investigative unit to investigate and perform follow-through prosecution duties regarding fires or explosions of suspicious origin or unknown causes within the requesting jurisdiction. While engaged in such activities, employees of the responding party shall be under the rules of the requesting party and the direction and supervision of the requesting party's officer in charge of the investigation. The availability of a party's officers shall be determined by the responding party. IV. While any responding party investigative officer is in the service of the requesting party, he or she shall be considered an investigative officer of the requesting member and be under the command of the requesting party's fire chief or the fire chief's designee, with all the powers of a regular investigative officer of the requesting party, as fully as though he or she were within the territorial limits of the governmental entity where he or she is regularly employed and his or her qualifications, respectively, in the job position for the local governmental entity by which he or she is regularly employed, shall constitute his or her qualifications for the position within the territorial limits of the requesting member, and no other oath, bond, or compensation need be made. In performing duties under this agreement, each party will comply with all necessary federal, state and local laws, regulations and ordinances, including those relating to disposal of property acquired from grant funds. VI. The party regularly employing the investigative officer shall pay all wages and disability payments, pension payments and payments for damages to equipment and clothing of that officer while he or she is involved in activities pursuant to this Agreement the same as though the services had been rendered within the jurisdiction wherein the investigative officer is regularly employed. The requesting party shall have no obligation to reimburse the responding party for such costs unless reimbursement is required under the Local Government Code § 362.003(c) . VII . Any request for assistance under this Agreement shall include a statement of the amount and type of equipment and number of personnel requested and shall specify the location to which the equipment and personnel requested are to be dispatched, but the amount and type of equipment and number of personnel to be furnished shall be determined by the responding party's fire chief or fire chief's designee. VIII. The fire chief of the responding party, or fire chief's designee, in his or her sole discretion, may at any time withdraw his or her personnel or equipment or discontinue participation in any activity initiated pursuant to this Agreement. IX. A party to this Agreement may unilaterally terminate its participation in this Agreement only after providing not less than ninety (90) days' written notice of termination to the other parties. This A~reement may be terminated at any time by the written mutual agreement of the Parties. In the event that any person performing services pursuant to this Agreement shall be cited as a party to a state or federal civil lawsuit arising out of the performance of those services, that person 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 his or her duties as a member of the department where he or she is regularly employed and in the jurisdiction of the party by which that person is regularly employed. XI. Each party to this Agreement expressly waives all claims against every other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. XII . It is expressly understood and agreed that, in the execution of this Agreement, no party 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. Third party claims against members shall be governed by the Texas Tort Claims Act or other appropriate state statutes, municipal ordinances or laws of the State of Texas or any political subdivision thereof. XIII. This agreement and any of its terms and provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. XIV. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XV. This Agreement may be amended or modified only by the mutual agreement of the Parties hereto in writing to be attached to and incorporated into this Agreement. XVI . This Agreement may be signed in multiple counterparts and shall be binding on the Parties when duly authorized by the governing bodies of such Parties and such Parties' duly authorized representatives and delivered to the Arson Task Force Coordinator. XVII. This Agreement contains all commitments and agreements of the Parties, and oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this Agreement. XVIII. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have all necessary authority to execute this Agreement on behalf of the parties, 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. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective upon execution and dating by all of the Parties. CITY OF THE COLONY, TEXAS Dale Cheatham, City Manager Date: ~ -?-~ C~. ATTEST: APPROVED AS TO FORM: ~ _~~ .~/~'~ Patti Hicks, City Secretary ~/on Hikel, City Attorney Date: Date: ~/;,w-~ /, ~ / CITY OF DENTON, TEXAS Michael Jez, City Manager Date: ATTEST: APPROVED AS TO FORM: Jennifer Walters, City Secretary Herb Prouty, City Attorney Date- Date: TOWN OF FLOWER ~K)UND, TEXAS Van James, City Manager Date- ATTEST: APPROVED AS TO FORM: Paula Lawrence, City Terry Welch, City Attorney Date: Secretary Date: CITY OF COPPELL, TEXAS Jim Witt, City Manager Date' ATTEST: APPROVED AS TO FORM: Libby Ball, City Secretary Bob Hager, City Attorney Date: Date: CITY OF LEWISVILLE, TEXAS Claud King, City Manager Date' ATTEST: APPROVED AS TO FORM: Ron Neiman, City Attorney Marty Hendrix, City Secretary Date- Date: CITY OF LITTLE ELM, TEXAS Mike Gibson, City Manager Date: APPROVED AS TO FORM: ATTEST: Pete Eckert, City Attorney Date: Kathy Phillips, City Secretary Date: CITY OF ROANOKE, TEXAS Jimmy Stathats, City Manager Date- APPROVED AS TO FORM: ATTEST: Mike McIntyre, City Attorney Date- Rose Chavez, City Secretary Date: TOWN OF TROPHY CLUB, TEXAS Donna Welsh, City Manager Date: ATTEST: APPROVED AS TO FORM: Diane Cockrell, City Patricia Adams, City Attorney Date' Secretary Date: ATTEST: Ramah Burns, City Secretary Date' DF~ONCOUI~,TEXAS Scott Armey, County Judge Date' APPROVED AS TO FORM: APPROVED AS TO CONTENT: Carmen Rivera-Worley Assistant District Attorney Date' Jody Gonzalez, County Fire Marshal Date: