1989-138-RES WHEREAS, COP POLICE DEPT AND COUNTY OF LAMAR SHERIFF DEPT JOINTLY TAKE
RESOLUTION NO. 89-138
WHEREAS, the City of Paris Police Department, and the
County of Lamar Sheriff Department jointly take police action
within their jurisdictions; and,
WHEREAS, the joint actions include but are not limited
to, execution of narcotic search warrants, high risk building
entry, hostage crisis, manhunts or search operations, all
other circumstances and incidents which are considered to be
hazardous above the level normally associated with day to day
law enforcement activities, and which require a response
greater than available from anyone agency involved; and,
WHEREAS, such joint action results in the confiscation
of personal property that is subject to forfeiture under the
laws of the State of Texas; and,
WHEREAS, it is in the best interest of the citizens of
the City of Paris that such joint City-County operations be
conducted in accordance with an inter local agreement in the
form of Exhibit A, attached hereto; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
That the form of Joint Operations Agreement, which prescribes
the conduct of joint operations and the disposition of
forfeited property resulting from such operations, attached
hereto as Exhibit A, be, and the same is hereby approved; and
BE IT FURTHER RESOLVED That the Mayor of the City of
Paris, Eric S. Clifford, be, and he is hereby authorized and
directed to execute on behalf of the City of Paris the
Joint Operations Agreement attached hereto as Exhibit A with
the County of Lamar.
1989.
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ATTEST:
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Mattie Cunningham, City lerk
APPROVED AS TO FORM:
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JOINT OPERATIONS AGREEMENT BETWEEN
THE CITY OF PARIS AND COUNTY OF LAMAR
STATE OF TEXAS i
COUNTY OF LAMAR S
THIS AGREEMENT, made and entered into this 7th day of
December, 1989, by and between the CITY OF PARIS, Paris,
.
Texas, a body politic, acting by and through its Mayor, duly
authorized, hereinafter called CITY: and the COUNTY OF LAMAR,
State of Texas, acting by and through its County Judge, duly
author ized, hereinafter called COUNTY: hereby contract and
agree as follows:
(1) Any and all monies, stocks, bonds or negotiable
instruments, seized as a result of a given joint
CITY-COUNTY operation and adjudged forfeited to the
State, said net amount excluding any percentage due the
District Attorney by contractural agreement, shall be
divided on an equal basis between the CITY and the
COUNTY.
2) Any vehicle seized and adjudged forfeited to the State
shall be divided between the CITY and the COUNTY on an
equal basis.
The initiating agency of the operation
which results in the first vehicle for forfeiture shall
receive such vehicle thereafter forfeited vehicles shall
be distributed on an alternating basis without regard to
which agency was the initiating agency or the relative
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EXHIBIT A
value of the vehicles. By agreement of the Chief,
Paris Police Department and the Sheriff of Lamar
County, such vehicle distribution may be altered to
promote fair distribution. The receiving agency
shall be solely responsible for any fees or charges
owing on or against such vehicle.
(3) Any other properties shall be divided equally between
the two parties, providing said properties are acquired
through mutual operations and adjudged forfeited to the
State.
(4) There shall be designated a person within the COUNTY
considered and titled, Joint Operations Officer for the
purpose of this Agreement. Said named person will be
the custodian of record and statistics regarding any and
all actual operations, training or any other activities
by the two departments acting jointly. Any such written
records shall be forwarded to the CITY within forty
eight hours of the execution of the joint operation.
Further, a person within the CITY shall be titled Joint
Operations Officer for the purpose of this agreement.
Said Joint Operations Officers shall, respectively
within their departments, act as liaison between the two
agencies. During the course of actual joint operations
or in the case of combined training exercises, the Joint
Operations Officer of the initiating or host department
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shall be in command ot the joint operation or exercise
from onset to termination of the same. In the case of
the physical absence of the host Joint Operations
Officer, an alternate commander shall be selected from
within the initiating or host department to serve
temporar ily dur ing the course of the par t icular
operation or exercise.
(5) If, during the course of an actual operation, there is
the discovery of evidence of a prior criminal offense
regarding the suspected person or persons, the agency
with primary jurisdiction will be given notice, and
opportunity to investigate said offense or offenses.
(6) In the case where deadly force is used by a member of
the team, terminal or otherwise, or when deadly force is
used against a member of the team by a suspected person,
terminal or otherwise, said deadly force incident will
be investigated by the agency with primary jurisdiction
over the geographical location where such force was
used.
(7) Promulgation of information concerning joint operations
will be released jointly by the Joint Operations
Officers to the news media so as to create a favorable
image to all parties involved. Publicity photographs
for publication shall include representatives from all
agencies involved in the joint operation.
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(8) The department initiating any operation is bound and
obligated to give sufficient notice to the other
department to direct appropriate manpower to the
designated staging and briefing location.
(9) Persons
delegated
the
responsibility
for
special
training to be used in joint operations shall, whenever
possible, arrange for joint training of team members of
both departments.
(10) The name adopted for. the joint operation group, for
identification and media coverage will be "Tactical
Narcotic Team", abbreviated "TNT".
(11) In cases where the Paris Police Department or the Lamar
County Sheriff Department initiates an operation and
desires assistance from the non-initiating department,
such shall be requested by an official request for
assistance.
Agreed and entered into this 7th day of December 1989.
Mayor
ATTEST:
Mattie unningham,
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APPROVED AS TO FOlU-l:
T. K. Haynes, City Attorney
ATTEST:
Linda Sudduth, County Clerk
APPROVED AS TO FORM:
Tom Wells, County Attorney
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COUNTY OF LAMAR
Deane A. Loughmiller,
County Judge