1988-039I
CITY OF SOUTHLAKE, TEXAS
RESOLUTION NO. 88-39
A RESOLUTION OF THE CITY OF SOUTHLAKE,
TEXAS, APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A INTERLOCAL ASSIST-
ANCE AGREEMENT WITH TARRANT COUNTY, DFW
AIRPORT, AND CITY OF SOUTHLAKE, FOR
ARSON TASK FORCE. DECLARING AN
EFFECTIVE DATE.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
SECTION 1. That the City Council hereby approved the Interlocal
Assistance Agreement with Tarrant County, DFW Airport and the
City of Southlake for an Arson Task Force, in the form attached
hereto as Exhibit "A" and authorizes and directs the Mayor to
execute such agreement.
SECTION 2. That this Resolution shall be in full force and
effect from and after its passage.
PASSED AND APPROVED THIS THE 3
ATTEST:
Sandra L. LeGran
City Secretary
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THE STATE OF TEXAS
COUNTY OF TARRANT
INTERLOCAL ASSISTANCE AGREEMENT
This Agreement is entered into by and between Tarrant County,
the Dallas -Fort Worth International Airport Board, and those
Tarrant County municipalities executing and delivering this
Agreement as hereafter provided ("the Parties"):
WHEREAS, there is a need for investigative/prosecutorial
cooperation for suspected arson cases in Tarrant County; and
WHEREAS, the Parties hereto have determined that the best
possible method for attacking the arson problem within Tarrant
County is an agreement establishing such cooperation, and
WHEREAS, the Parties desire to enter into this Agreement to
provide investigative/prosecutorial cooperation in connection with
arson cases; and
WHEREAS, each Party is authorized to perform the services
contemplated for it herein;
NOW THEREFORE, in consideration of the mutual covenants and the
terms and conditions set forth below, the Parties do hereby agree
as follows:
1. The Parties hereto execute this Agreement for the
purpose of providing arson detection, investigative, and
1prosecutorial capabilities to each other as the need arises.
2. The City of Fort Worth Fire Marshall shall be the
Coordinator of the task force created by this Agreement and his
office shall be the central repository of the Parties' executed
counterparts of this Agreement. Any change in the Coordinator
must be agreed to in writing by a majority of the then Parties to
this Agreement and notification of such change shall be promptly
made by such new Coordinator in writing to all Parties.
3. When requested by a Party, any other Party to this
Agreement shall provide available members of its arson
investigative unit to investigate, and follow through prosecution,
fires of suspicious origin or unknown causes within the requesting
jurisdiction. While engaged in such activities, employees of the
responding Party shall be under the direction and supervision of
the requesting Party's officer in charge of the investigation.
The availability of its officers shall be determined by the Party
requested to respond.
4. While performing tasks under this Agreement, employees
of the responding Party will be vested with all arson
investigative and police powers of the requesting Party's
officer -in -charge.
5. In performing its duties under this Agreement, each
Party will comply with all necessary Federal, State, and local
laws and regulations, including those relating to disposal of
property acquired from grant funds.
6. The Party regularly employing the investigative officer
shall pay all wages and disability payments, pension payments,
damages to equipment and clothing of that officer while he is
involved in activities pursuant to this Agreement the same as
though the services had been rendered within the limits of the
jurisdiction wherein he is regularly employed. The requesting
Party shall have no obligation to reimburse the responding Party
for such costs.
7. A Party to this Agreement may withdraw from it only
after not less than 120 days written notice is provided to the
other Parties and only at the end of a calendar year. The
Agreement may be terminated at any time by mutual agreement of the
Parties.
8. In the event that any person performing services
pursuant to this Agreement shall be cited as a party to any civil
lawsuit, state or federal, arising out of the performance of those
services, he shall be entitled to the same benefits that he would
be entitled to receive if such civil action had arisen out of the
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A
performance of his duties as a member of the department where he
is regularly employed and in the jurisdiction of the party by
which he is regularly employed.
9. Each Party to this Agreement expressly waives all claims
against the other Party for compensation for any loss, damage,
personal injury or death occurring as a consequence of the
performance of this Agreement.
10. 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.
11. Amendment to this Agreement shall only be by written
agreement approved by each Party.
12. This Agreement may be signed in multiple counterparts
and shall be binding on a Party when signed by such Party's duly
authorized representative and delivered to the arson task force
Coordinator.
IN 'WITNESS 'WHEREOF, the parties hereto have executed this
Agreement to be effective upon execution by both.
ATT ST:
l
Sandra L. LeGrand, City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr., City Attorney
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