2005-055AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON COUNTY, WISE COUNTY, COOKE
COUNTY, MONTAGUE COUNTY, CITY OF GAINSVILLE, AND THE CITY OF BOWIE
FOR PURPOSE OF PARTICIPATING IN THE NORTH CENTRAL TEXAS ARSON TASK
FORCE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, there is a need for investigative and prosecutorial cooperation in suspected
arson cases in Denton County, Wise County, Cooke County, Montague County, City of
Gainsville, City of Bowie, and City of Denton; and
WHEREAS, these entities wish to cooperate in arson investigations within the North
Central Texas Arson Task Force; and
WHEREAS, this agreement complies with Texas Government Code Section 791 as to
interlocal agreements; and
WHEREAS, any funds to pay for services shall be from current revenues and adequately
compensate for the services provided; and
WHEREAS, the council of the City of Denton hereby finds that this agreements serves a
public purpose; and NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council of the City of Denton hereby approves an Agreement
between the City of Denton and Denton County, Wise County, Cooke County, Montague
County, City of Gainsvile, and the City of Bowie for the purpose of participating in the North
Central Texas Arson Task Fome, a copy of which is attached hereto and incorporated by
reference herein. The Mayor, or in her absence, the Mayor Pro Tem, is hereby authorized to
execute this Agreement on behalf of the City.
SECTION 2.
and approval.
PASSED AND APPROVED this the *'Dg~//~t~day o f K~-~-~ ~.~
EULINE BROCK, MAYOR
That this ordinance shall become effective immediately upon its passage
,2005.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
NORTH CENTRAL TEXAS ARSON TASK FORCE
INTERLOCAL AGREEMENT
STATE OF TEXAS
CITY OF DENTON
( )
( )
This Agreement is entered into by and between Denton County,
Wise County, Cooke County, Montague County, City of Gainesville,
City of Bowie, and City of Denton (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 prosecutorial
cooperation in suspected arson cases in Denton County, Wise
County, Cooke County, Montague County, City of Gainesville, City
of Bowie, and City of Denton;
WHEREAS, the Parties hereto have determined that the best
possible method for attacking the arson problem within Denton
County, Wise County, Cooke County, Montague County, City of
Gainesville, City of Bowie, and City of Denton is an agreement
establishing such cooperation by way of a Task Force; and
WHEREAS, the Parties desire to enter into this Agreement to
provide investigative and prosecutorial 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,
The Parties execute this Agreement for the purpose of
providing arson and explosive detection, investigative, and
prosecutorial capabilities to each other as the need arises.
II·
The City of Gainesville Fire Marshal will be the coordinator
of the North Central Texas Arson Task Force created by this
Agreement, and the City of Gainesville 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 members 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 department head or the
department head'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
department head or department head's designee.
VIII.
The department head of the responding party, or department
head'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 Agreement may be terminated at any time by the
written mutual agreement of the Parties.
Ko
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 North Central
Texas 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.
C~TY OF Denton, TEXAS
Euline Bro'c,~,' Msysr
Date:
APPROVED AS TO FORM:
Herb Prouty, City A[torney
APPROVED AS TO CONTENT:
~,~ic///~ones, Fire Marshal