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1988-034CITY OF SOUTHLAKE, TEXAS RESOLUTION NO. 88-34 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING A LAW ENFORCEMENT ASSISTANCE AGREEMENT WITH THE CITY OF WESTLAKE, TEXAS, RELATING TO THE WESTLAKE PROJECT PORTION OF THE DEVELOPMENT OWNED BY MAGUIRE/THOMAS PARTNERS - WESTLAKE/SOUTHLAKE PARTNERSHIP; AUTHORIZING THE EXECUTION OF SUCH AGREEMENT; DECLARING AN EFFECTIVE DATE WHEREAS, by authority of Tex. Loc. Gov. Code Ann. 362.002(b) (Vernon 1988), the City of Southlake, Texas (the City") is empowered to enter into an agreement with the City of Westlake, Texas ("Westlake") to form a •mutual aid law enforcement task force to cooperate in criminal investigation and law enforcement; and WHEREAS, the City has the further authority pursuant to the Interlocal Cooperation Act, Tex. Rev. Civ. Stat. Ann. art. 4413(32c)(Vernon), as amended, to contract or agree with Westlake to perform governmental functions and services under the terms of the said Act, with police protection and detention services being a "governmental function and service" under the terms of the said Act; and WHEREAS, Westlake currently has no law enforcement personnel which provide police protection, criminal investigation or other law enforcement services within Westlake; and WHEREAS, the Westlake Project Portion, as defined in Attachment "A" hereto, lies entirely within the corporate limits of Westlake and is owned by Maguire/Thomas Partners-Westlake/Southlake Partnership (the "Partnership"); and WHEREAS, the City and Westlake have been requested by the Partnership to enter into an agreement whereby the City of Southlake would agree to provide certain law enforcement services to the Westlake Project Portion. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. 0 2 1 3 a/ 5 5 y Section 2. That the City Council hereby approves a Law Enforcement Assistance Agreement in the form attached hereto as Attachment "A", with Westlake, with respect to the Westlake Project Portion of the Maguire/Thomas Partners - Westlake/Southlake Partnership development located in Westlake; and further authorizes and directs the Mayor to execute and deliver such Agreement to Westlake, on behalf of the City. Section 3. That this Resolution shall be in full force and effect from and after its passage. PASSED, APPROVED ANDEFFEC VE i th da of April, 1988. Mayor, JCUyL/of Southlake, Texas ATTEST: L``'a,,. V `• L ri City Secretary City of Southlake, Texa•' n uulunua'aAPPROVED: City Attorney, City of Southlake, Texas 2- 0 2 1 3 a/ 5 6 STATE OF TEXAS § LAW ENFORCEMENT ASSISTANCE AGREEMENT COUNTY OF TARRANT § This Law Enforcement Assistance Agreement (the Agreement") is being entered into by and between the City of Southlake, Texas ("Southlake"), and the City of Westlake, Texas Westlake")(together collectively referred to herein as the Cities"), dated as of , 1988. W I T N E S S E T H: WHEREAS, the City of Southlake, Texas and the City of Westlake, Texas are neighboring municipalities duly incorpor- ated under the laws of the State of Texas; and WHEREAS, by authority of Tex. Loc. Gov. Code Ann. 362.002(b) (Vernon 1988), the Cities are empowered to enter into an agreement to form a mutual aid law enforcement task force to cooperate in criminal investigation and law enforcement; and WHEREAS, the Cities have the further authority pursuant to the Interlocal Cooperation Act, Tex. Rev. Civ. Stat. Ann. art. 4413(32c)(Vernon), as amended, to contract or agree with one another to perform governmental functions and services under the terms of the said Act, with police protection and detention services being a "governmental function and service" under the terms of the said Act; and WHEREAS, Westlake currently has no law enforcement personnel which provide police protection, criminal investigation or other law enforcement services within Westlake; and WHEREAS, the Westlake Project Portion, as hereinafter defined, lies entirely within the corporate limits of Westlake and is owned by Maguire/Thomas Partners-Westlake/Southlake Partnership; and WHEREAS, Southlake and Westlake desire to enter into this Agreement under the terms and conditions set forth herein. NOW, THEREFORE, for and in consideration of the mutual covenants, promises and agreements herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City of Southlake and the City of Westlake do hereby contract and agree as follows: I. DEFINITIONS When used in this Agreement, the following terms shall have the respective meanings ascribed to them: A. "Chief Law Enforcement Officer" means the chief of police or marshal of a municipality. B. "Law Enforcement Officer" means a municipal police officer who has been commissioned as a peace officer under the laws of the State of Texas. C. "Police Protection and Services" are those functions and duties generally exercised by law enforcement agencies and personnel in the State of Texas pursuant to applicable law and include the preservation of public order and tranquility, the promotion of the public health, safety and morals and the prevention, detection and punishment of crime. D. "Police Unit" means one police vehicle and its occupant(s). E. "Westlake Project Portion" means that portion of the Maguire/Thomas Partners-Westlake/Southlake Partnership (the Partnership") development which lies within the city limits of Westlake. A site plan (the "Site Plan") depicting the current Westlake Project Portion is attached hereto as Exhibit "A" and is expressly incorporated into this Agreement. The Cities recognize that the boundaries of the Westlake Project Portion may change from time to time, and expressly agree that, notwithstanding anything to contrary expressed or implied herein, the delivery by the Partnership to Southlake of a revised Site Plan, previously approved by Westlake, Texas, and certified as correct by the Partnership and Westlake, will amend the boundaries of the Westlake Project Portion as reflected in this Agreement. II. DUTIES AND OBLIGATIONS A. Provision of Services. Southlake shall provide police protection and services to the Westlake Project Portion in accordance with the following: 1. Southlake shall respond to the Westlake Project Portion with police protection and services when a request is made for the same. Provided, however, that Southlake shall not be required to provide regular police patrol services to the Westlake Project Portion unless requested to do so in writing by Westlake, and then only in the event that Southlake consents 0 1 3 0 2- to such regular patrol services. If such a request is made and consent given, Southlake shall provide, except as limited herein, such regular patrol services to the Westlake Project Portion as it provides within its corporate limits. 2. The Southlake Chief of Police or his duly authorized designee shall be responsible for determining the type of response and number of police units and personnel to be dispatched in response to any request for police protection and services. 3. Notwithstanding any other provision of this Agreement, a need or a request for police protection and services within the corporate limits of Southlake shall have priority over a request for police protection and services within the Westlake Project Portion. 4. If the event of an arrest made by -a Southlake law enforcement officer in the Westlake Project Portion, the Westlake Police Department or other law enforcement agency of Westlake, if any, shall be notified of the arrest without delay. The Westlake Police Department or other Westlake law enforcement agency, if any, shall make available the notice of the arrest in the same manner as if the arrest had been made by a member of the Westlake agency. B. Payment 1. Rate. For the police protection and services provided hereunder, Westlake, or another person or entity as agreed to by the Cities, shall pay Southlake One Hundred Fifty and No/100 Dollars ($150.00) per hour, or for any portion thereof, for each police unit responding to any request for police protection and services to the Westlake Project Portion a "call"). For purposes of this Agreement, a call shall be deemed to commence at the moment when any Southlake Police Department dispatcher or other police communications personnel notifies available Southlake police personnel of any situation or incident requiring police protection and services within the Westlake Project Portion. A call shall be deemed to have concluded when all responding Southlake police personnel have returned to the corporate limits of Southlake and are available for assignment. All payments by Westlake shall be from current revenues available to Westlake. 2. Billing. Southlake shall submit a written bill to Westlake, or another person or entity as agreed to by the Cities, on a monthly basis for police protection and services rendered pursuant to this Agreement, which bill shall itemize the particular calls and responses by date, address or location responded to, nature of the call, number of police units responding and the time each call was dispatched and cleared. Westlake shall pay Southlake within thirty (30) days following o 1 ] o J 3- the date of billing. If payment is not so made, the provision of police protection and services by Southlake as outlined herein 'shall immediately cease until all such outstanding charges have been paid in full. C. No Requirement To Purchase or Hire. Southlake shall not be required to purchase any additional equipment or hire any additional personnel to comply with this Agreement. If emergencies and/or calls for police assistance occur so as to utilize all available equipment and/or personnel of the Southlake Police Department, then other cities and law enforcement agencies may be utilized by Westlake to respond to calls for police protection and services on or at the Westlake Project Portion. Westlake hereby releases Southlake from all liability, if any, under the circumstances described in this paragraph. D. Notification. Westlake hereby ' agrees that Southlake shall be designated as the governmental entity which shall be contacted by persons for police protection and services in the Westlake Project Portion. Southlake shall have no obligation and is not required to notify any business or individual of the provisions of this Agreement. SOUTHLAKE LAW ENFORCEMENT OFFICERS AS OFFICERS OF WESTLAKE; COMPENSATION All law enforcement officers regularly employed by Southlake, when acting in the service of Westlake pursuant to this Agreement, shall be considered a peace officer of Westlake, under the command of the Chief Law Enforcement Officer of Westlake, or if there is no such Chief Officer for Westlake, under the command of the Chief Law Enforcement Officer of Southlake. The Southlake law enforcement officers acting pursuant to this Agreement shall be compensated solely by Southlake. IV. WAIVER OF REIMBURSEMENT Southlake hereby waives its right under Tex. Loc. Gov. Code §362.003(c) (Vernon), as amended, for reimbursement of wages, disability payments, pension payments, damages to equipment and clothing, medical expenses, and travel, food and lodging expenses for the police protection and services provided under this Agreement. 0130) 4- V. INDEMNIFICATION AND CIVIL LIABILITY Westlake agrees to indemnify Southlake, its officers, agents, employees and volunteers against and hold Southlake, its officers, agents, employees and volunteers harmless from any and all actions, causes of action, lawsuits, claims, liability, injuries, damages or costs, including attorneys' fees, which may arise out of the performance of or failure to perform this Agreement by Southlake, its officers, agents, employees or volunteers, which agreement to indemnify and hold harmless shall be payable from current revenues of Westlake. Westlake shall be responsible for all costs of legal representation and for any civil liability related in any way to the furnishing by Southlake, its officers, agents, employees or volunteers, of police protection and services pursuant to this Agreement, which would otherwise be the responsibility of Westlake to furnish absent this Agreement. VI. TERM Subject to annual appropriation, this Agreement shall be in full force and effect for a term of two (2) years from and after the approval and execution hereof by both Southlake and Westlake. After the expiration of the initial two year term, this Agreement may be renewed annually. IN*@ MODIFICATION OF AGREEMENT This Agreement may be modified or amended at any time upon written approval by both Southlake and Westlake which shall be attached to and incorporated into this Agreement. VIII. TERMINATION This Agreement may be terminated or upon the giving of written notice by one the desire to terminate or cancel. Upo written notice, this Agreement shall be cancelled thirty (30) days thereafter. 0130) 5- cancelled at any time Party to the other of n the sending of such deemed terminated or I IX. MISCELLANEOUS A. Notice. Whenever in this Agreement written notice is authorized or required, such notice shall be deemed served upon a Party hereto three (3) days following the deposit of such notice in the United States mail, postage prepaid and properly addressed as follows: TO SOUTHLAKE: TO WESTLAKE: City Manager Mayor City of Southlake City of Westlake 667 North Carroll Ave. Box 501 Dove Road Southlake, Texas 76092 Roanoke, Texas 76262 B. Venue. If legal action is brought under thif Agreement, venue shall lie in Tarrant County, Texas. C. Texas Law Applies. The validity of thi Agreement, and any of its terms or provisions, as well as th, rights and duties of the parties hereunder, shall be governe by the laws of the State of Texas. D. Severability. In the event that any one or mor of the provisions of this Agreement, including any paragraph sentence, phrase or word, is held for any reason to be invalid illegal or unenforceable by a court of competent jurisdictior such invalidity, illegality or unenforceability of thz provision shall not affect any other provision hereof and thi Agreement shall be construed as if such invalid, illegal unenforceable provision had never been contained herein. E. Entire Aqreement. This instrument contains a commitments and agreements of Southlake and Westlake, and or or written commitments not contained herein shall have no for or effect. F. Authority to Execute Aqreement. Southlake a Westlake hereby acknowledge that the persons affixing the signature hereto have been duly authorized and empowered execute this Agreement. DATED AND SIGNED this the ATTEST: CIT 1ja' / By: City Secretary 0 1 3 0 j 6- 0 ATTEST: CITY OF WESTLAKE, TEXAS U 1 3 o j By: City Secretary Mayor A: