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
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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
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APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON
INTERIM CITY ATTORNEY
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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 :
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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