2002-291O INANCE NO./
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL AD LAW
ENFORCEMENT AGREEMENT BETWEEN THE CITY OF DENTON POLICE
DEPARTMENT AND THE UNIVERSITY OF NORTH TEXAS POLICE DEPARTMENT TO
ALLOW COOPERATION IN THE INVESTIGATION OF CRIMINAL ACTIVITY AND TO
PROTECT HEALTH, LIFE, AND PROPERTY AGAINST SUCH THINGS AS RIOT AND
NATURAL DISASTER OR MAN-MADE CALAMITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I: That the Mayor is hereby authorized to execute an Agreement between the
City of Denton the University of North Texas for the purpose of allowing cooperation in the
investigation of criminal activity and to protect health, life, and property aga'mst riot, against
unlawful assembly accompanied by the use of fome or violence, and during times of natural
disaster or man-made calamity, a tree and con'ect copy of which is attached hereto and
incorporated by reference herein.
SECTION 2: That the City Council authorizes the performance of the services as
provided pursuant to the provisions of said Agreement.
SECTION 3: That this ordinance shall become effective immediately upon its passage
and approval.
PASSED ANDAPPROVEDthisthe/~dayof I&~Mg~J ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
MUTUAL AID LAW ENFORCEMENT AGREEMENT
BETWEEN
THE UNIVERSITY OF NORTH TEXAS POLICE DEPARTMENT
CITY OF DENTON POLICE DEPARTMENT
WHEREAS, pursuant to the powers granted under Chapter 51 and Chapter 105 of the
Texas Education Code, the City of Denton, Texas, and The University of North Texas
desire to form a mutual aid law enforcement agreement to cooperate in the investigation
of criminal activity and enforcement of the laws of this state, and the ordinances of the
City of Denton, and to provide additional law enforcement officers to protect health, life,
and property against riot, against unlawful assembly accompanied by the use of force or
violence, and during times of natural disaster or man-made calamity;
NOW, THEREFORE, in consideration of the mutual promises each to the other made,
the parties do hereby agree as follows:
I.
The following terms shall have the following meanings when used in this agreement:
A. "Law Enforcement Officer" means any commissioned peace officer;
B. "Member" means a party to this agreement;
C. "Chief Law Enforcement Officer" means the Chief of Police of the City of
Denton Police Department and the Chief of Police of The University of
North Texas Police Department;
D. "Chief Admihistrative Officer" means the Mayor of the City of Denton
and the President of The University of North Texas;
E. "Assignee" means a peace officer commissioned by one of the members;
F. "Agreement" means this written Mutual Aid Law Enforcement
Agreement between the Members.
II.
The Members agree to form and by this agreement do form a mutual aid law enforcement
group ("the Group") whose jurisdiction shall be throughout the territorial boundaries of
the Members.
The purpose of the Group is to cooperate in the investigation of criminal activity and
enforcement of the laws of this state and the ordinances of the City of Denton and to
assist in providing additional law enforcement officers to protect health, life and property
against riot, unlawful assembly characterized by the use of force or violence, and during
times of natural disaster or man-made calamity.
Subject to the Members' discretion as to participation and determination of availability of
personnel, a Member may assign its law enforcement personnel to the Group to perform
law enforcement duties outside the Member's normal territorial limits provided the Chief
Law Enforcement Officer, or his/her designee, has determined the assignment is
necessary:
A. for investigation of criminal activity and for law enforcement; or
to protect the health, life and property of any other Member, its
inhabitants, and the visitors thereto, by reason of riot unlawful assembly
characterized by the use of force or violence, or threat thereof, or during
time of natural disaster or man-made calamity.
The Chief Law Enforcement Officer of a Member, or his/her designee, in his/her sole
discretion, at any time, may withdraw his/her Assignee and discontinue participation in
any activity initiated pursuant to this agreement.
VI*
While any Assignee is in the service of the Group, he/she shall be a peace officer with all
the same powers he/she might have when within the normal territorial limits of the
Member where he/she is regularly employed. Additionally, such Assignee shall have the
same investigative authority as if he/she were investigating criminal activity within the
normal territorial limits of the Member where he/she is regularly employed.
In those situations whereby a Member requests assistance with supervison and/or security
at planned special events and activities, i.e. university football games, Fry Street Fair,
university Homecoming Parade, etc., the Chief Law Enforcement Officer or his/her
designee, of a Member is hereby granted the authority to determine and negotiate the
amount, if any, of compensation due the Member or its Assignee(s) with the Chief Law
Enforcement Officer, or his/her designee, of the Member requesting special events
assistance.
Each Assignee, while in the service of the Group, shall be under the command of the
Chief Law Enforcement Officer of the Member where he/she is regularly employed.
IX.
The Chief Law Enforcement Officer of each Member may enter into memorandums of
understanding, not inconsistent with the Agreement, that he/she deems necessary with the
Chief Law Enforcement Officer of other Members to give full force and effect to
the Agreement. Such memorandums specifically include the delegation of authority to
determine the exercise of primary and secondary jurisdiction and response to calls for
service within the geographical boundaries of the Member's concurrent jurisdictions.
Any Assignee shall receive the same wage, salary, pension, and any and all other
compensation and other rights for service with the Group, including injury or death
benefits, and workers compensation benefits, equipment, clothing, and vehicles, as
though the service has been rendered within the normal territorial limits of the Member
where he/she is regularly employed. Moreover, all wage and disability payments,
including workers compensation benefits, pension payments damage to equipment and
clothing, medical expenses and expenses for travel, food and lodging shall be paid by the
Member which regularly employs said Assignee in the same manner as though the
service had been rendered within the territorial limits of the Member where he/she is
regularly employed.
In the event that any person performing law enforcement services pursuant to this
agreement should be cited as a party to.any civil lawsuit, state or federals arising out of
the performance of those services, be/sbe shall be entitled to the same benefits that he/she
would be entitled to receive if such civil actions had arisen out of the performance of
his/her duties where he/she is regularly employed, and in the territorial limits of the
Member by which he/she is regularly employed.
XI.
Third party claims against Members shall be governed by the Texas Tort Claims Act or
other appropriate statutes, ordinances or laws of the State of Texas.
XII.
It is expressly understood and agreed that, in execution of this agreement, no Member
waives, nor shall be deemed hereby to waive, any immunity or defense that would
otherwise be available to it aga'mst claims arising in the exercise of govemmentai powers
and functions.
XIII.
The validity of this agreement and of any of its terms or provisions, as well as the fights
and duties of the Members hereunder, shall be governed by the laws of the State of
Texas.
XIV.
In the case that any one or more oftbe provisions conta'med in this agreement shall for
any reason be held to be invalid, illegal, or unenfomeable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision contained herein, and
this agreement shall be construed as if such invalid, illegal, or unenforceable provision
had never been contained herein.
XV.
This instrument contains all the commitments and agreements of the Members, and any
oral or written commitments not contained herein shall have no force or effect to alter
any term or condition of this agreement.
XVI.
This agreement shall be executed by the Mayor of the City of Denton and by the
President of The University of North Texas.
XVII.
This agreement shall become effective between the Members on September 1, 2002.
This agreement shall remain in full force and effect for a period of one year from the
effective date hereof and shall automatically be renewed for an additional one year period
on each anniversary date. However, at any time, any Member may discontinue
participation in this agreement by giving thirty (30) days written notice by certified mail
to the Chief Law Enforcement Officer of each Member.
XVIII.
This agreement may be amended or modified in writing by mutual agreement of the
Members, with said amendment or modification being attached to or incorporated into
this agreement.
Chief of Police
University of North Texas Police Dept.
Chief of Police
City of Denton Police Department
Signed this- / 7 ¢ day of L~a. Zg~"f~,/~-
,2002.
The City of Denton, Texas
Euline Brock
Mayor
City of Denton, Texas
Attest:
Approved as to form:
Signed this /f/~/~ day of
,2002
The University of North Texas
Norvdl Pohl
President
Approved as to form:
Office~ounsel