2017-018 - Authorizing a Law Enforcement Interlocal Agreement between the City of Paris and the North Lamar ISD....RESOLUTION NO. 2017 -018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING AND AUTHORIZING AN INTERLOCAL LAW ENFORCEMENT
AGREEMENT BETWEEN THE CITY OF PARIS POLICE DEPARTMENT AND
NORTH LAMAR INDEPENDENT SCHOOL DISTRICT PERTAINING TO LAW
ENFORCEMENT FUNCTIONS ON NORTH LAMAR PROPERTY; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, North Lamar Independent School District and the City of Paris Police
Department desire to enter into an Interlocal Law Enforcement Agreement to become
effective upon North Lamar Independent School District Police Department's receiving
TCOLE certification; and,
WHEREAS, NLISD has commissioned peace officers and created a law enforcement
agency known as the North Lamar Independent School District Police Department
( "NLISD -PD "); and,
WHEREAS, the primary duties of North Lamar Independent School District Police
Department commissioned officers are as follows:
• To provide a safe and secure environment for students, staff and citizens
while those individuals are participating in school - sponsored activities,
including, but not limited to, school - related activities, extra - curricular
activities, and transit to and from such activities.
• To protect the property of the District, including real and personal property
located inside and outside the boundaries of the District, that is owned,
leased, rented or otherwise under the control of the District.
• To protect the personal property of those individuals engaged in
school- related activities; and,
WHEREAS, A NLISD -PD officer's jurisdiction includes all territory within the
geographic boundaries of the District, or within the State of Texas while those individuals
are under the direct supervision of the District; and
WHEREAS, the City of Paris and North Lamar Independent School District intend by
this Agreement to formalize a framework for the interaction of their respective police
departments to conserve the public's resources, to avoid duplication of services, to
maximize operational efficiency, and to provide for the exchange of information between
the two police departments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby
in all things approved.
Section 2. That the Interlocal Law Enforcement Agreement between the City of
Paris and North Lamar Independent School District, attached hereto and incorporated
herein as Exhibit "A ", be, and the same is hereby approved.
Section 3. That the City Manager, be, and he is hereby, authorized and directed to
execute, on behalf of the City of Paris, the Interlocal Law Enforcement Agreement with the
North Lamar Independent School District substantially in accordance with the form of the
Agreement attached hereto as Exhibit "A ".
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 27th day of March, 2017.
Ellis, City Clerk
APPROVED AS TO FORM:
to anie H. Ha is, City Attorney
LAW ENFORCEMENT
INTERLOCAL AGREEMENT
This Law Enforcement Interlocal Agreement ( 'Agreement') is entered into by and between
the City of Paris, Texas ( "City ") and the North Lamar Independent School District ( "NLISD ").
Recitals
WHEREAS, Chapter 37, Subchapter C of the Texas Education Code gives authority to the Board of
Trustees of NLISD to establish a police force by employing security personnel, authorizing them to
bear arms, and commissioning them as peace officers; and
WHEREAS, by resolution dated 1P day of February, 2017, the Board of Trustees of NLISD
authorized the establishment of such a police force - -the NLISD Police Department ( "NLISD -PD ")
with statutory jurisdiction over all territory in the boundaries of the school district and all property
which may be located outside the school district that is owned, leased, or rented by or otherwise
under the control of NLISD; and
WHEREAS, pursuant to Sections 2.12 and 2.13 of the Texas Code of Criminal Procedure, the peace
officers commissioned by NLISD have the duty to preserve the peace within their jurisdiction, to use
all lawful means to effect this purpose, to interfere without warrant to prevent or suppress crime
when authorized by the provisions of the Code of Criminal Procedure, to execute all lawful process
issued to them by any magistrate or court, to give notice to some magistrate of all offenses
committed within their jurisdiction, where they have good reason to believe there has been a
violation of the penal law, and to arrest offenders without warrant in every case where they are
authorized by law, in order that such offenders may be taken before the proper magistrate or court
and be tried; and
WHEREAS, the jurisdiction of the Paris, Texas Police Department ( "PPD ") overlaps the jurisdiction
of NLISD -PD; and Section 37.081(g) of the Texas Education Code provides that a school district
police department and the law enforcement agencies with which it has overlapping jurisdiction shall
outline reasonable communication and coordination efforts between the department and the agencies;
and
WHEREAS, the City and NLISD desire to promote mutual cooperation and interaction by and
between PPD and NLISD -PD with the ultimate goal of providing a safe and orderly environment
within the schools and surrounding areas that will foster the education of children; and
WHEREAS, the City and NLISD intend by this Agreement to formalize a framework for the
interaction of their respective police departments to conserve the public's resources, to avoid
duplication of services, to maximize operational efficiency, and to provide for the exchange of
information between the two police departments.
NOW THEREFORE, pursuant to Chapter 791 of the Texas Government Code (commonly
referred to as the Interlocal Cooperation Act), and in consideration of the premises and the mutual
promises, covenants and agreements contained herein, the City and NLISD hereby agree as follows:
Article 1. Responsibilities of PPD and NLISD -PD
The City and NLISD realize that every single circumstance in which their respective police
departments may interact cannot possibly be outlined in this Agreement. Thus, the City and NLISD
outline the following general responsibilities for their respective police departments:
1.1 NLISD -PD Jurisdiction. NLISD -PD jurisdiction shall be concurrent with the jurisdiction of
PPD at all property owned by NLISD or in use by the North Lamar Independent School District staff,
employees or students in connection with NLISD sponsored or sanctioned events and which property
is located within the city limits of the City of Paris, Texas.
1.2 Mutual Support. PPD and NLISD -PD will mutually support and cooperate with one another
in the suppression of criminal acts, investigation of criminal activity, and the enforcement of laws.
They shall notify each other of all activities, violations, arrests, and other matters as required under
Article 15.27 of the Texas Code of Criminal Procedure and Section 37.081 of the Texas Education
Code. They shall endeavor to conduct their dealings with each other in a courteous, professional,
cooperative, and amicable manner to achieve the goal of the City and NLISD to provide a safe and
orderly environment within the schools and surrounding areas that will foster the education of
children.
1.3 Mutual Aid. When feasible, PPD and NLISD -PD shall assist and aid each other with law
enforcement personnel and to make available such equipment or facilities as may be requested for the
suppression or investigation of crime and the maintenance of public safety during natural disasters,
major incidents of civil disorder, situations where the incident or offense exceeds the limited
resources of NLISD, or other exceptional events or circumstances occurring within the overlapping
jurisdictional area of the City and NLISD. (The City and NLISD do not intend for sporting and other
planned school events to be considered as exceptional events or circumstances which would require
the mutual aid as described in this paragraph.) Requests for mutual aid shall be made either by the
parties' governing bodies, their respective chief administrators or designees, or their respective chiefs
of police.
1.4 Investigation and Enforcement. NLISD -PD shall have the primary responsibility with regard
to investigation and enforcement of the laws and city ordinances pertaining to incidents which occur
within the jurisdiction of NLISD -PD, unless NLISD and the PPD determine that the best interests of
the public would be to defer such investigation and enforcement to the PPD. It is understood by both
NLISD and the City that serious incidents occurring on NLISD property or within the jurisdiction of
NLISD including but not limited to homicides, death investigations, Penal Code Chapter 21 Sexual
Offenses of felony grade, Penal Code Chapter 22 Assaultive Offenses of felony grade, and incidents
which require the deployment of the Paris SWAT Team, will be the primary responsibility of the
PPD. All property crimes occurring on NLISD -PD jurisdiction with a loss of less than $20,000.00
will be the responsibility of NLISD -PD to investigate.
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1.5 Police Department Call-for-Service. Upon receipt of a call- for - service from the requesting
police department, the receiving police department shall promptly dispatch an officer or officers as
requested. In such situations, the parties generally intend for the department that primarily
investigates the incident to complete the processing of the case for submission to the appropriate
prosecuting authority, unless the respective department police chiefs mutually agree to a different
arrangement on a case -by -case basis.
1.6 Emergency calls. Upon receipt of an emergency call- for - service from the public, the
receiving police department shall dispatch a police officer to respond. The officer dispatched to the
scene shall secure the situation and hold the scene until a unit from the other department arrives, at
which time a determination will be made which police department has the primarily responsibility for
handling the incident. Nothing herein should be construed to prevent an officer of either department
from taking any action necessary to protect life, limb and 1 or property or preventing the escape of a
suspect.
1.7 Non - emergency calls. Upon receipt of a non - emergency call- for - service from the public
pertaining to investigation or enforcement of an incident that is within the primary responsibility of
the other police department, the receiving department will (1) inform the caller that the other
department will be notified and (2) shall promptly notify the other department of the call.
1.8 Breach of the Peace. Nothing herein should be construed to prevent a peace officer of either
department from fulfilling his or her duty to preserve the peace wherever the officer is located.
1.9 Costs. Both the City and NLISD shall bear the responsibility of their own costs and expenses
in performing this Agreement.
1.10 Operating Procedures. Both the City and NLISD may promulgate joint internal operating
procedures consistent with this Agreement.
Article 2. General Provisions
2.1 Governing Law and Venue. This Agreement shall be governed exclusively by the laws of the
State of Texas. Venue for any dispute arising from this Agreement shall be in the district courts of
Lamar County, Texas.
2.2 Section Headings and Construction. The headings of sections in this Agreement are for
reference only and shall not affect the meaning of this Agreement. In construing this Interlocal
agreement, none of the parties hereto shall have any term or provision, or any uncertainty or
ambiguity as to any provisions herein, construed against such party solely by reason of such party
having drafted the same.
2.3 Severability. If any provision of this Agreement is held to be illegal, unenforceable or invalid
for any reason, the remaining provisions shall not be affected or impaired thereby.
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2.4 Independent Contractors. The City and NLISD are independent contractors. This Agreement
shall not constitute the formation of a partnership, joint venture, employment or master /servant
relationship. Neither the City nor NLISD on the one hand, or PPD and NLISD -PD on the other hand,
(i) shall exercise control over the performance of the other hereunder, or (ii) shall be deemed to be
the agent, employee, or representative of the other party.
2.5 Termination. At any time either the City or NLISD determine the best interests of the public
would be served by terminating this Agreement, they may do so at any time thirty days after notice of
termination has been provided to the other party. Such notice shall be in writing and addressed to the
following persons:
City:
Mr. John Godwin
City Manager
City of Paris, Texas
P. O. Box 9037
Paris, Texas 75461
NLISD:
Mr. John McCullough
Superintendent of Schools
North Lamar Independent School District
3201 Lewis Lane
Paris, Texas 75460
IN WITNESS THEREOF, the parties hereto have caused this Agreement to execute by their duly
authorized officers.
CITY OF PARIS, TEXAS
John Godwin, City Manager
NORTH LAMAR INDEPENDENT SCHOOL DISTRICT:
im-
John McCullough, Superintendent of Schools
Date:
Date:
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