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2003-024-RES MUTUAL COOPERATION AGREEMENT FOR EXTRATERRITORIAL PEACE OFFICER JURISDICTION RELATED TO A REGIONAL ANTI-DRUG ABUSE TASK FORCE ~ ~ RESOLUTION NO. 2003-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A MUTUAL COOPERATION AGREEMENT FOR EXTRATERRITORIAL PEACE OFFICER JURISDICTION RELATED TO A REGIONAL ANTI- DRUG ABUSE TASK FORCE WITH THE COUNTIES OF LAMAR, FANNIN, RED RIVER, THE CITY OF PARIS, THE CITY OF CLARKSVILLE AND THE FELONY PROSECUTORS' OFFICES IN LAMAR COUNTY, FANNIN COUNTY, AND RED RIVER COUNTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Texas has requested the participation of the City of Paris along with other governmental entitles in a mutual cooperation agreement for extraterritorial peace officer jurisdiction related to a regional drug abuse task force concerning certain law enforcement services provided through mutual cooperation of the participating parties pursuant to Chapter 362 of the Local Government Code; and, WHEREAS, it is deemed to be in the best interests of the citizens of Paris that such request be granted, and it is deemed appropriate that the City of Paris enter into a mutual cooperation agreement with the felony prosecutors' offices in and counties of Lamar, Fannin, and Red River, and the cities of Bonham and Clarksville; and, WHEREAS, the form of Mutual Cooperation Agreement, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PRIS, TEXAS: Section 1. That the fmdings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the form of the Mutual Cooperation Agreement with the Counties of Lamar, Fannin, and Red River, the cities of Bonham and Clarkville and the Felony Prosecutors' offices in Lamar County, Fannin County, and Red River County, political subdivisions of the State of Texas for the provision of certain law enforcement services, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Mutual Cooperative Agreement, under the terms and conditions and in the form shown in Exhibit A, attached hereto. .~ ~ Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 13th day of January, 2003. ~~~ Michael J. t ster ayor ATTEST: ~lffiL'Il~\.~~rJt) Mattie CuIDlingham, City Clerk APPROVED AS TO FORM: ~ ~ ~ MUTUAL COOPERATION AGREEMENT ON EXTRATERRITORIAL PEACE OFFICER JURISDICTION RELATED TO A REGIONAL ANTI-DRUG ABUSE TASK FORCE Lamar 1 City of Paris IIA4 STATE OF TEXAS, County of Lamar This Agreement is entered into by and between the counties of Lamar, Fannin, and Red River, political subdivisions of the state of Texas, and the neighboring city of Paris, a municipal corporation situated in Lamar County, Texas, Bonham, a municipal corporation situated in Fannin County, Texas, and Clarksville, a municipal corporation situated in Red River County, Texas, and the felony prosecutor's office in Lamar County, Texas (6"'/6200 Judicial District), Fannin County, Texas (6th/336'" Judicial District), and Red River County, Texas (6"'110200 Judicial District), political subdivisions of the state of Texas, acting under the authority of Chapter 362, Local Government Code, concerning certain law enforcement services provided through mutual cooperation of the signatory parties of this Agreement. WITNESSETH: WHEREAS, the Counties, Cities, and Districts wish to provide for non-emergency law enforcement assistllllce in conjunction with the mutual aid anti-drug abuse activities of the Regional Controlled Substance Apprehension Program; WHEREAS, the Counties, Cities, and Districts wish to cooperate in certain anti-drug abuse criminal investigations and rj;:lated law enforcement activities, as further described in this Agreement; WHEREAS, the Counties, Cities, and Districts wish to provide only the additional territorial jurisdictional and investigative authority to certain law enforcement officers regularly employed by the Counties, Cities, and Districts, as further described in this Agreement; and cle-atty\N arc\T ask Force\MutuaICoop\dra ft5 .doc 6-7.j)2 EXHIBIT .IL Page I ofS .-. WHEREAS, the Counties, Cities, and Districts believe it to be in their mutual best interests to enter into this Agreement; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to allow certain law enforcement officers regularly employed by the Counties, Cities, and Districts to have certain extraterritorial police powers throughout the territorial jurisdiction of another party although outside the officers' normal territorial jurisdiction, as further described in this Agreement. ARTICLE II TERM 2.01 The term of this Agreement is to commence on the execution of this agreement by the Counties, Cities, and Districts and to end on the 31st day of May 2004. 2.02 This Agreement on extraterritorial peace officer jurisdiction also terminates upon termination of the underlying Task Force Agreement between the parties. ARTICLE III RESPONSIBILITY AND AUTHORITY 3.01 Responsibility. The Counties, Cities, and Districts agree to accept responsibility for adhering to all pertinent federal, state, and local laws or regulations. 3.02 Authority. The Counties, Cities, and Districts assure each other party, by its signature that it has entered into this Agreement by lawful resolution or order of its respective governing body or by the appropriate elected prosecutor. ARTICLE IV ARTICLE DEFINITIONS 4.01 "Anti-drug abuse investigation" includes peace officer activity involving lawful possession, offer to buy, sell, manufacture, deliver, or distribute a drug or controlled substance, or other law enforcement conduct attendant to an anti-drug abuse investigation. cle~atty\Narc\ Task F orce\MutuaICoop\dra flS .doc 6-7.02 Page 2 of8 ~ ~ 4.02 "Compensation" means: (I) wage, salary, pension, equipment, clothing, medical, and other similar compensation and benefits, including injury or death benefits; and (2) reasonable expenses incurred for travel, food, and lodging. 4.03 "Contiguous" means touching, directly or indirectly. 4.04 "Law enforcement officer" has the meaning assigned by Section 362.001, Local Government Code. The term includes a peace officer. 4.05 "Neighboring" means located in the same county or a contiguous county. 4.06 "Police power" means the lawful authority of a peace officer to carry a weapon, conduct an investigation, make a report, detain, arrest, execute a search or arrest warrant, or engage in other law enforcement conduct attendant to anti-drug abuse enforcement, including traffic interdiction and any other general patrol activity approved by the Task Force supervisor. ARTICLE V CONSIDERATION 5.01 As consideration for this Agreement, the Counties, Cities, and Districts agree to participate in the lawful activities of the Task Force under any separate task force agreement, including the contribution of funds, equipment, or personnel. ARTICLE VI COMPENSATION AND QUALIFICATION 6.01 Compensation. The Counties, Cities, and Districts agree that: (I) each County shall provide for the compensation of each law enforcement officer regularly employed by the County and assigned to the Task Force; (2) each City shall provide for the compensation of each law enforcement officer regularly employed by the City and assigned to the Task Force; and (3) each District shall provide for the compensation of each law enforcement officer regularly employed by the District and assigned to the Task Force. 6.02 Qualifications for Office. The Counties, Cities, and Districts agree that qualification for office: (I) in a County constitutes qualification for office in a City or District; (2) in a City constitutes qualification for office in a County or District; and (3) in a District constitutes qualification for office in a County or City. cle-atty\Narc\Task Force\MutuaICoop\draftS.doc 6.7.(}2 Page 3 or8 "- 6.03 Nothing Additional. The Counties, Cities, and Districts agree that no additional oath, bond, or compensation is needed for an officer assigned to the Task Force. ARTICLE VII JURISDICTION 7.01 Territorial jurisdiction. (a) Each County agrees that a law enforcement officer, who is regularly employed by a City or District and assigned by the City or District to the Task Force, shall exercise throughout the County the police powers enumerated in Article 7.02. (b) Each City agrees that a law enforcement officer, who is regularly employed by a County or District and assigned by the County or District to the Task Force, shall exercise throughout the City the police powers enumerated in Article 7.02. (c) Each District agrees that a law enforcement officer, who is regularly employed by a County or City and assigned by the County or City to the Task Force, shall exercise throughout the District the police powers enumerated in Article 7.02. 7.02 Investigative jurisdiction. The Counties, Cities, and Districts agree that their respective law enforcement officers assigned to the Task Force shall exercise only police power as the term is defined in this Agreement. 7.03 Notification. (a) After initiating an extraterritorial investigation, detention, arrest, or other attendant exercise of police power under this Agreement, a law enforcement officer shall notii)' the Task Force supervisor. (b) After making an extraterritorial arrest under this Agreement: (I) in a City outside of the regular territorial jurisdiction of the County, a County law enforcement officer shall also notifY the City chief of police or marshal; (2) in a District outside of the regular territorial jurisdiction of the County, a County law enforcement officer shall also notifY the district attorney; (3) in a County outside of the regular territorial jurisdiction of the City, a City law enforcement officer shall also notifY the County sheriff; (4) in a District outside of the regular territorial jurisdiction of the City, a City law enforcement officer shall also notifY district attorney; (5) in a County outside of the regular territorial jurisdiction of the District, a District law enforcement officer shall also notifY the County sheriff; and clc.any\Narc\TaskForce\MutuaICoop\draftS.doc 6-7'()2 Page 4 of8 ~ ~ (6) in a City outside of the regular territoria1jurisdiction of the District, a District law enforcement officer shall also notifY the City chief of police or marshal. 7.04 Command. While exercising extraterritorial police power under this Agreement, including conducting a Task Force investigation: (I) in a City outside the regular territorial jurisdiction of the County, a County law enforcement officer shall be under the formal command of the City chief of police or marshal, acting through the Task Force supervisor; (2) in a District outside the regular territorial jurisdiction of the County, a County law enforcement officer shall be under the formal command of the district attorney, acting through the Task Force supervisor; (3) in a County outside the regular territorial jurisdiction of the City, a City law enforcement officer shall be under the formal command of the County sheriff, acting through the Task Force supervisor; (4) in a District outside the regular territorial jurisdiction of the City, a City law enforcement officer shall be under the formal command of the district attorney, acting through the Task Force supervisor; (5) in a County outside the regular territorial jurisdiction of the District, a District law enforcement officer shall be under the formal command of the County sheriff, acting through the Task Force supervisor; and (6) in a City outside the regular territorial jurisdiction of the District, a District law enforcement officer shall be under the formal command of the City chief of police or marshal, acting through the Task Force supervisor. 7.05 Other Authority. Nothing in this Agreement limits the authority ofa law enforcement officer to act under state law, including: (I) a citizen's arrest or an extraterritorial arrest authorized under Chapter 14, Code of Criminal Procedure, or other law; or (2) an action taken in the presence of and under the direction of or to assist another peace officer with appropriate territoria1jurisdiction. ARTICLE VIII CONTINUATION OF TERRITORIAL AND INVESTIGATIVE JURISDICTION cle-atty\Narc\ Task Force\MutualC oop\draftS .doc 6.7.02 Page 5 of8 ~ .---- 8.01 Upon termination of this Agreement, the territorial and investigative jurisdiction of each law enforcement officer regularly employed by the Counties, Cities, and Districts will revert to the appropriate jurisdiction otherwise provided by law or other agreement. ARTICLE IX AMENDMENTS 9.01 This Agreement may be amended by the mutual agreement of all signatory parties in writing to be attached to and incorporated into this Agreement. ARTICLE X LEGAL CONSTRUCTION 10.01 In case anyone or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such an invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE XI ENTIRE AGREEMENT 11.01 This Agreement supersedes any and all other agreements, either oral or in writing, between the Counties, Cities, and Districts with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON TillS THE DAY OF ,2003. ATTEST: Chuck Superville, Lamar County Judge Michael E. Malone, Paris City Manager Date of Order Date of Resolution Derrell Hall, Fannin County Judge Blaine Hinds, Bonham City Manager Date of Order Date of Resolution cle-atty\Nai'c\TaskFQrce\MutuaICoop\draftS.doc 6-7-02 Page 6 ofs ~ Powell W. Peek, Red River County Judge Belinda Peek, Clarksville City Manager Date of Order Date of Resolution Mark Burtner, Felony Prosecutor Date Signed Lamar County Myles Porter, Felony Prosecutor Date Signed Fannin County Val Varley, Felony Prosecutor Date Signed Red River County APPROVED AS TO FORM: Thomas E. Almond, Commander Regional Controlled Substance Apprehension Program B. 1. McCoy, Sheriff Lamar County Date Signed Date Signed Talmage Moore, Sheriff Fannin County Jerry Conway, Sheriff Red River County Date Signed Date Signed Karl Louis, Chief of Police City of Paris Mike Bankston, Chief of Police City of Bonham Date Signed Date Signed Jimmy Townsend, Interim Chief of Police Date Signed cle-atty\Narc\TaskForce\MuluaICoop\draftS.doc 6-7-02 Page 7 of8