Loading...
21-1051ORDINANCE NO. 21-1051 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE INTERIM CITY MANAGER, OR HER DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH TEXAS WOMAN’S UNIVERSITY TO DEFINE THE DUTIES AND OBLIGATIONS INVOLVED WITH THE COORDINATION OF PUBLIC SAFETY RELATED EFFORTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the attached Interlocal Cooperation Agreement (“Agreement”) specifies responsibilities of the City of Denton Police Department and Texas Woman’s University Police Department, including but not limited to jurisdiction, public safety communications, facilities use, court services, and detention; and WHEREAS, the City of Denton and Texas Woman’s University wish to cooperate and enter into this Agreement for the orderly and efficient processing criminal non-traffic misdemeanors and any other matters within the jurisdiction; and WHEREAS, the City of Denton Council finds that this Agreement is in the best interests for the safety of the citizens of the City of Denton, and that a valid governmental public purpose would be served by entering into the Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The Interim City Manager, or her designee, is hereby authorized to execute on behalf of the City of Denton the Interlocal Cooperation Agreement with Texas Woman’s University, relating the duties and obligations involved with the coordination of public safety related efforts within jurisdiction boundaries, attached hereto as Exhibit “ A“ and made a part hereof by reference and is hereby approved. SECTION 2: if any one or more sections or clauses of this Ordinance is judged to be unconstitutional or invalid, such judgement shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of this Ordinance shall be interpreted as if the offending section or clause never existed. SECTION 3: That this Ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by --R'& t IWTS and seconded by 'Rf \' qT\ &etC ; the ordinance was passed and approved by the following vote D - Ch: Aye Nay Abstain Absent Mayor Gerard Hudspeth:a -Z I a a V/ ,/ Vicki Byrd. District 1 : Brian Beck. District 2: Jesse Davis. District 3 : Alison Maguire, District 4: Deb Armintor. At Large Place 5: Paul Meltzer. At Large Place 6: PASSED AND APPROVED this the gtn day of for\_. 202 1. GERARD HUDSPETH. MAYOR ATTEST: ROSA RIOS, CITY SECRETARY A\IIt IIII fI/D ##aZ . r&v APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON INTERIM CITY ATTORNEY „,z/7/ STATE OF TEXAS § § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON This Interlocal Cooperation Agreement (“Agreement”) is made and entered into by and between the City of Denton, a Texas municipal corporation (“Denton”) and Texas Woman’s University, a political subdivision of the state of Texas (“TWU”). WHEREAS, Denton and TWU desire to enter into an agreement regarding police, fire, emergency medical services, municipal court services, and use of training center/firearms range; and WHEREAS, the Interlocal Cooperation Act, Chapter 791, Texas Government Code authorizes units of local government to contract with one or more units of local government and with agencies of the state to perform governmental functions and services; and WHEREAS, it is mutually advantageous to both parties to enter into this Agreement; and WHEREAS, the judge of the Denton Municipal Court is vested with all jurisdiction necessary to hear and determine criminal cases involving violations of Subchapter E of Chapter 51 Texas Education Code or any rules or regulation promulgated thereunder for which punishment does not exceed a fine of $200 for the property under the control and jurisdiction of TWU; NOW, THEREFORE, in consideration of the terms and conditions contained herein and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1.Term. The term of this agreement shall be for one (1 ) year beginning on the date of execution on the signature page of this Agreement, and shall automatically renew annually on the anniversary of that date for additional one (1) year terms unless either party gives written notice of termination thirty (30) calendar days prior to the expiration of the then current term. 2.Jurisdictional Agreements. Denton and TWU agree to exchange and provide certain governmental functions and services in the following manner: A. B. C. The Texas Woman’s University Police Department (“TWUPD”) is responsible for law enforcement service on property owned or controlled by TWU. The Denton Police Department (“DPD”) is responsible for law enforcement service on non- University property, contiguous to the TWU campus. Texas Education Code 51.203 grants peace officers commissioned by TWU, full law enforcement jurisdiction, including the ability to enforce all traffic laws on streets and highways, in all counties in which property is owned, leased, rented, or otherwise under the control of the institution. TWUPD will, when practicable, assist the Denton Police Department in the enforcement of traffic and parking statutes on city streets surrounding the TWU campus. D.TWUPD and DPD, when providing services of personnel as a responding party, expressly waives the right to receive reimbursement for services performed or equipment utilized under this Agreement. INTERLOCAL COOPERATION AGREEMENT Page 1 of 5 E.In the event TWUPD requests the assistance of any DPD special response unit such as SWAT (for the purpose of barricaded suspect, hostage incident), etc., to assist with an incident occurring on property owned or controlled by TWU, the direct operational command of the specialized unit will remain within the DPD chain of command. 3.Communications. A. B. C. The communications division of DPD shall serve as the primary Public Safety Answering Point (“PSAP”) for 9-1-1 calls originating from TWU. TWU will maintain and operate an independent secondary PSAP. Denton shall provide primary call and dispatch service for all Fire and Emergency Medical Service calls. D. Denton shall forward all police related calls for service, originating from TWU property, to the TWU secondary PSAP. E. Denton shall assign TWU independent communications channels at no cost. 4.Detention. A. B. C. Denton shall provide municipal jail services to TWUPD for on-view arrest of class C misdemeanor offenders and for outstanding class C arrest warrants. TWUPD shall follow all DPD procedures including standard operating procedures, general orders, and special orders regarding the arrest, booking, and release of prisoners. In the event a prisoner, previously booked by TWUPD into the Denton city jail, requires transfer to the Denton County Jail, a TWUPD officer will respond and complete the transport. 5.Facilities Use A. Subject to availability, TWUPD will have reasonable access and use of the Denton public safety training center and firearms range. The chief law enforcement officer of both Denton PD and TWUPD will determine reasonable access to facilities. B.Denton will maintain operational control of the training center and firearms range. A certified instructor, representing TWUPD, will be present during all training conducted by TWUPD. The instructor will ensure adherence to all applicable safety rules and that the center and its equipment are left in a clean and operable state. Equipment malfunctions will be reported to the training center staff as soon as possible. C.TWUPD assumes liability from its use of the training center and firearms range in accordance with the terms of the Texas Civil Practice and Remedies Code and other applicable laws. Both parties expressly agree that they will not look to the other party, to save or hold harmless, for liability arising from acts or negligence of the responsible party’s agents, officers and/or employees engaged in the use of the training center and firearms range. Damage to either facility shall be repaired at the expense of the agency at fault. INTERLOC AL COOPERATION AGREEMENT Page 2 of 5 D. The Fee Usage Schedule for the DPD Training Center and Firearms Range approved by the Denton City Council in Ordinance 20-2058 shall not apply to TWU for the purposes of this Agreement. 6.Court Services. A.Denton shall provide full Municipal Court services including Municipal Court prosecution to TWU for class C criminal cases, cases consisting of traffic offenses, and offenses which are violations ofSubchapter E of Chapter 5 1 of the Texas Education Code, or rules and regulations promulgated under said Subchapter for which the punishment does not exceed a fine of $200. The Denton Municipal Court shall separately account for all fines, costs, bonds or other funds pertaining to said violations. B.Denton shall provide the Municipal Court prosecution services including the preparation and filing of all complaints or other documents necessary for the municipal court prosecution of any class C criminal offense, traffic offense, any offense in violation of Subchapter E of Chapter 51 of Texas Education Code, or any rules or regulations promulgated thereunder. C. D. E Denton Municipal Court shall notify the TWU police officers, through a mutually agreeable procedure, of any cases scheduled before the Municipal Court. Denton shall provide TWU with the necessary equipment and documents to issue and file municipal citations both electronically and in writing, at no cost to TWU. TWU shall comply with the Denton Municipal Court policy and procedure for the filing of citations and/or criminal cases. F. As payment for services to be provided by Denton to TWU under this Agreement, TWU agrees, to the extent allowed by law, that all fines and costs assessed and collected by the Court shall be forfeited to Denton in payment for said services. 7.Notices. All notices required or permitted by this Agreement shall be in writing and be deemed received when deposited in the United States mail, postage prepaid, addressed to the following or such other person or address as the parties may designate in writing or by hand delivery, e-mail, or facsimile transmission to the address set forth below: If intended for Denton: Sara Hensley, Interim City Manager City of Denton, Texas 215 E. McKinney Denton, TX 76201 With copy to:Frank Dixon, Denton Chief of Police 60 i E. Hickory #E Denton, TX 76205 Jason Tomlinson, Vice President for Finance & Administration 304 Administration Dr Denton, TX 76204 If intended for TWU: INTERLOC AL COOPERATION AGREEMENT Page 3 of 5 With copy to:Samuel Garrison, TWU Chief of Police 1201 Oakland St Denton, TX 76204 Amendment. This Agreement may be amended by the mutual written agreement of the parties authorized signatories cited below or their successors, with notice of attachments, as appropriate. 8.Enforceability. In the event that one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable, in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 9.Entire Agreement. This Agreement embodies the complete understanding of the parties hereto, superseding all oral or written previous and contemporaneous agreements between the parties and relating to the matters in this Agreement. 10. Authorization. By executing this Agreement, each party represents that they have full capacity and authority to grant all rights and assume all obligations that they have granted and assumed under this Agreement, and that this Agreement has been authorized by the governing body of the respective party 11. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitutes one and the same instrument. SIGNATURES TO FOLLOW ON NEXr PAGE [NTERLOC AL COOPERATION AGREEMENT Page 4 of 5 EXECUTED this X th . day of aa e_ , 2021 -TJ'£ENTQ L&FSara A ley, Interim CiE lanager ATTEST : =2:>z.PaZ.I)1\\\1111111 Rosa Rios City Secretary APPROVED AS TO FQ Catherine Clifton Interim City Attorney T WOMAN’S ,RSITY?%0:-Mu Jan Tomlinson, Vice President Finance & Administration INTERLOC AL COOPERATION AGREEMENT Page 5 of 5