1988-032-RES WHEREAS, the detection and apprehension of individuals operating in the field of burglary and other
RESOLUTION 88-032
WHEREAS, the detection and apprehension of individuals
operating in the field of burglary and other related property
offenses is often hindered because the range of operations of the
criminal offender is greater than the jurisdiction of the peace
officers called upon to investigate the crime; and,
WHEREAS, individuals engaged in burglary and other property
crimes often commit criminal offenses in numerous counties and
cities during a brief period of time in a continuing scheme of
criminal conduct; and
WHEREAS, individuals engaged in burglary and other property
crimes are often involved in the use, manufacture and sale of
illicit drugs; and
WHEREAS, the North East Texas area is so structured that the
efforts of a single law enforcement agency are often inadequate
to detect and apprehend individuals committing criminal acts in
numerous counties and cities; and
WHEREAS, past experience in the North East Texas area has
indicted that a cooperative effort between the cities and
counties in the area has been effective in detecting and deter-
ring the activities of individuals engaged in burglary and other
crimes to the mutual benefit of all the cities and counties in
the North East Texas area; and
WHEREAS, the Texas Legislature as enacted V.T.C.A. Local
Government Code ~362. 002, to encourage the formation of mutual
aid law enforcement task forces to cooperate in the investigation
of criminal activity and enforcement of the laws of this state;
and
WHEREAS, The City of Paris, Paris, Texas, and other approv-
ing law enforcement agencies have indicated their desire to
participate in and be a part of a cooperative investigative
effort to be known as and designated as the Multi-Agency Special
Investigative Task Force;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
That the Mayor of the City of Paris be, and he is hereby
authorized to execute an Agreement on behalf of the City of
Paris, as a member participant in the Multi-Agency Special
Investigative Task Force;
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the Mayor of the City of Paris, be, and he is hereby
authorized to execute amendments thereto which add additional
member participants as defined in said agreement in the form
attached hereto as Exhibit A.
Passed and adopted this 11th day of April, 1988.
ATTEST:
MULTI-AGENCY SPECIAL INVESTIGATIVE
TASK FORCE ASSISTANCE AGREEMENT
WHEREAS,
in the cities of Paris, Gainesville,
Greenville, Muenster, St. Jo, Rockwall, Emory, Nocona,
Denison,
Sherman, Bonham, and
Commerce,
Texas, and in
Montague, Hopkins, Delta, Rains, Collin, Cooke, Lamar,
Hunt, Fannin, and Grayson Counties, ~exas, within the past
year several hundred residential and business burglaries
and thefts have been committed and a major portion of the
felony criminal docket in those counties is made up of
burglary and theft offenses and related crimes: and
WHEREAS, the burglaries and thefts account for a very
high percentage of crime in the above named counties and
ci ties and surrounding localities, not only involving the
burglaries and thefts themselves, but also those associated
crimes such as the use, manufacture and distribution of
illegal, controlled substances which have a direct impact
on large metropolitan areas nearby because such substances
are distributed to such locations along with the stolen
goods; and
WHEREAS, the detection and apprehension of individuals
.
operating in the field of burglary and other related
property offenses is often hindered because the range of
operations of the criminal offender is greater than the
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EXHIBIT A
jurisdiction of the peace officers called upon to
investigate the crime; and
WHEREAS, past experience in the North East Texas area
has indicted that a cooperative effort between the cities
and counties in the area has been effective in detecting
and deterring the activities of individuals engaged in
burglary and other crimes to the mutual benefit of all the
cities and counties in the North East Texas area; and
WHEREAS, funding for such specialized operations is
very limited. There exists the possibility of obtaining
funding through fedeeal and state grants and this
possibility will be enhanced by a coopeeative effort of law
enfoecement agencies wi thin these counties and cities and
possibly lead to the forfeituee of assets which funds could
defeay the costs of such coopeeation, thereby lessening the
bueden to local taxpayees; and
WHEREAS, pursuant to State Legislation, V.C.T.A.,
Local Goveenment Code, ~362.002, the Police
Departments of the cities of Paris, Gainesville,
Geeenville, Muenstee, Saint Jo, Rockwall, Emoey, Nocona,
Denison, Sherman, Bonham,and Commeece, Texas, and the
Sheeiff's Offices of Montague, Hopkins, Delta, Rains,
Collin, Cooke, Lamar, Hunt, Fannin, and Grayson Counties,
Texas desiee to foem a mutual aid law enforcement task
foece and to be a part of a coopeeative investigative and
enforcement effort to be known and designated as the
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Multi-Agency Special Investigative Task Force and to
enforce the criminal laws of this State and Nation
prohibiting burglary and theft and any other related crimes
and to provide law enforcement officers to both the cities
and the counties and to protect the citizens of the cities
and the counties and surrounding area from criminal
activities directly relating to or involved in burglary and
theft and related criminal violations and to provide
coordinated prosecution functions for such law enforcement
agencies.
NOW THEREFORE, in consideration of the mutual promises
each to the other made, the mutual exchange of information
and the mutual aid to each other herein offered, the
parties, acting herein by and through the duly appointed
and acting Chief of Police of the Cities of Paris,
Gainesville, Greenville,
Muenster, Saint Jo, Rockwal1,
Emory, Nocona, Denison, Commerce, Sherman, and Bonham,
Texas, and the Sheriff's Offices of Montague, Hopkins,
Delta, Rains, Collin, Cooke, Lamar, Hunt, Fannin, and
Grayson Counties, Texas, acting herein by and through the
duly elected Sheriffs of Montague, Hopkins, Delta, Rains,
Collin, Cooke, Lamar, Hunt, Fannin, and Grayson Counties,
Texas do each hereby agree as follows:
I.
The following terms shall have the following meanings
when used in this agreement:
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(A)
"Law
Enforcement Officer" means a municipal
police
officer,
sheriff.
deputy
sheriff,
constable, deputy constable, marshal, deputy
marshal, or a police officer of a joint airport
who has been commissioned as a peace officer
under the laws of this state and is currently
employed by any member agency, and authorized by
that agency to be a member of the Task Force and
who has been approved by the TJlsk Force
Commander.
(B) "Member" means the cities of Paris, Gainesville,
Greenville, Muenster, Saint Jo, Rockwall, Emory,
Nocona, Denison, Sherman, Bonham, and Commerce,
Texas,
Collin,
and Montague,
Cooke, Lamar,
Hopkins, Delta, Rains,
Hunt, Fannin, and Grayson
Counties, Texas.
II.
The members and Law Enforcement Officers agree to form
and by this agreement do form a mutual aid law enforcement
task force to be known as the Multi-Agency Special
Investigative Task Force whose jurisdiction shall be
throughout the territorial boundaries of the members, more
specifically, the Cities of Paris, Gainesville, Greenville,
Muenster, Saint Jo, Rockwall, Emory, Nocona, and Denison,
Sherman, Commerce, and Bonham, Texas, and the counties of
Montague, Hopkins, Delta, Rains, Collin, Cooke, Lamar,
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Hunt, Fannin, and Grayson Counti~s, T~xas.
III.
Th~ purpos~ of th~ Task Forc~ is to coop~rat~ in th~
inv~stigation of criminal activity and th~ ~nforc~m~nt of
th~ laws of this Stat~ and to assist in providing law
~nforc~ment offic~rs to prot~ct h~alth, lif~, and prop~rty
against riot, threat of conc~aled ~xplosiv~s, unlawful
ass~mbly charact~riz~d by th~ us~ of forc~ and viol~nc~ and
during th~ tim~s of natur~l disast~r or man-mad~ calamity.
Mor~ specifically th~ purpose of th~ Task Forc~ will b~
limi t~d to coop~rat~ und~r th~ g~n~ral sup~rvision of th~
Task Forc~ Command~r in th~ inv~stigation, appr~hension,
and pros~cution of violators of th~ T~xas P~nal Code and
th~ T~xas Controll~d Substanc~s act, Articl~ 4476-15 of th~
T~xas R~vis~d civil Statut~s Annotat~d.
IV.
It is further agr~~d that b~for~ th~ 1st day of April,
1988, all parti~s to this agr~~m~nt shall have m~t and
~stablish~d a s~t of standard op~rating proc~dur~s for th~
conduct of th~ law ~nforc~m~nt officers assign~d to th~
Task Forc~.
V.
Sup~rvision for th~ law ~nforc~m~nt offic~rs of th~
Task Forc~ shall b~ th~ r~sponsibility of th~ Task Forc~
Command~r who shall sup~rvis~ th~ assignm~nt of duti~s,
~stablishm~nt of work prioriti~s, and th~ quality and
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quantity of work performed by the Task Force and the
members of the Task Force. The Task Force Commander, Texas
Ranger, Charles Fleming, of the Texas Department of Public
Safety, shall be the lead officer of the Task Force and
shall report directly to the authorizing authorities for
the members.
VI.
Each member of the Task Force will be provided with a
distinctive identificat~on badge which shall be carried and
displayed when possible whenever the member is engaged in
-
Task Force activity.
VII.
Any member may be released from the Task Force by the
Task Force Commander when he finds that the services of
said member are no longer satisfactory or required and at
the absolute and sole discretion of the Task Force
Commander.
VIII.
Any member or Law Enforcement Officer of the Task
Force may at its sole discretion at any time withdraw and
discontinue
participation
in
any
activity
initiated
pursuant to this agreement.
However, such a wi thdrawl
shall not create a dissolution of the Task Force unless a
simple majority of the members choose to dissolve the Task
Force.
IX.
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While any Law Enforcement Officer is in the service of
the Task Force, he shall be a peace officer of the Task
Force with all the same powers he might have when wi thin
the territorial limits of the member itself where he is
regularly employed, and his qualifications for office where
regularly employed shall constitute his qualifications for
office within the territorial boundaries of the Task Force,
and no other oath, bond, or compensation need be made for
him to be fully authorized and empowered to act within such
limits. Additionally, each Law Enforcement Officer shall
have the same investigative authority as if he were
investigating criminal activity within the territorial
limits of the county or municipality where he is regularly
employed.
x.
All wage and disability payments including workers
compensation benefits, pension payments, damage to
equipment and clothing, reimbursement, medical expenses,
expenses of travel, food and lodging, while a Law
Enforcement Officer is employed in the work of the Task
Force shall be paid by the officers employer which
regularly employs the said Law Enforcement Officer in the
same manner as though the service had been rendered within
the territorial limits of the the member where he is
regularly employed and for that member. In this regard
each Law Enforcement Officer shall receive the same wage,
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salary, pension, and any other compensation benefits and
other rights for such service including any injury or death
benefits and workers compensation benefits, equipment,
clothing, and vehicle the same as though his services had
been rendered within the territorial limits of the member
where he is regularly employed. In no event shall the Task
Force itself, or any of its employees or agents or assigns
be liable for the payment of any such wage, salary,
pension, or other compensation benefits by virtue of this
agreement. All compensation and benefits shall be paid by
the Law Enforcement Officer's current employer where he is
employed at the time of the creation of this Task Force.
XI.
Any funds which might become available for the support
of the Task Force by way of Federal, State or local grant
will be expended in compliance with the objectives of the
Grantor and in furtherance of the directives of the Task
Force.
XII.
In the event any person performing law enforcement
services pursuant to this agreement shall be cited as a
party to any civil law suit, state or federal, become a
party to any such law suit or become responsible to answer
in damages in any judgment arising out of th.e performance
of those services rendered in behalf of the Task Force, he
shall be entitled to the same benefits that he would be
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entitled to receive if such civil action or actions had
arisen out of the performance of his duties where he is
regularly employed, and in his own jurisdiction where he is
regularly employed.
Each Law Enforcement officer, member
and party to this agreement certifies that he has and will
keep in full force and effect liability insurance covering
himself and the Task Force against any and all claims
arising out of his service to and in performance of his
duties with th~ Task Force.
A copy of such insurance
policy or certificate of insurance shall be supplied to any
-
member upon request by any other member.
Each Law
Enforcement Officer and member agrees to indemnify and hold
harmless the other Task Force members for any loss or cost
incurred by him by virtue of any claim, suit or judgment
arising out of the relationship and actions contemplated by
this agreement.
XIII.
Third party claims against members of the Task Force
shall be governed by the Texas Tort Claims Act or other
appropriate statutes, ordinances, or laws of the State of
Texas.
XIV.
It is expressly understood and agreed that in the
execution of this agreement, no party hereto waives nor
shall be deemed hereby to waive any immunity or defense
that would otherwise be available to it or him against
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claims arising in the exercise of governmental powers and
functions.
XV.
The validity of this agreement and any of its terms or
provisions as well as the rights and duties of the parties
hereunder shall be governed by the laws of the State of
Texas.
XVI.
In case anyone or more of the provisions contained in
this agreement shall for any reason be held invalid,
illegal, or unenforceable 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.
XVII.
This instrument contains all of the commitments and
agreements of the parties hereto and any oral or written
commitments or agreements not contained herein shall have
no force or effect to alter any term or condition of this
agreement.
XVIII.
This agreement shall become effective between the
parties hereto on the ~st day of April, 1988, which shall
serve as the anniversary date of this agreement. This
agreement shall remain in full force and effect for a
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period of one year from the effective date hereof subject
however to the provisions of Section VII of this agreement.
XIX.
This agreement may be amended or modified in writing
by the mutual agreement of the members with said amendment
or modification being attached to and incorporated into
this agreement. This agreement may not be amended or
modified orally.
DATED the
day of
, 1988.
CITY OF PARIS, TEXAS FANNIN COUNTY, TEXAS
CITY OF SHERMAN, TEXAS GRAYSON COUNTY, TEXAS
CITY OF BONHAM, TEXAS COLLIN COUNTY, TEXAS
CITY OF COMMERCE, TEXAS HUNT COUNTY, TEXAS
CITY OF GREENVILLE, TEXAS LAMAR COUNTY, TEXAS
CITY OF GAINESVILLE, TEXAS COOKE COUNTY, TEXAS
CITY OF MUENSTER, TEXAS DELTA COUNTY, TEXAS
CITY OF ST. JO, TEXAS RAINS COUNTY, TEXAS
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CITY OF ROCKWALL, TEXAS
CITY OF DENISON, TEXAS
CITY OF EMORY, TEXAS
CITY OF NOCONA, TEXAS
MONTAGUE CCUNTY, TEXAS
HOPKINS COUNTY, TEXAS
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