07-X Reg. Anti-Drug Task ForceDRAFT
F:ALICE~q. ESWORK\CURRENT~Mut Coop Agr Peace Officer Reg Drug Task Force 2003 Res
January 9, 2003
RESOLUTION NO.
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 findings 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.
ATTEST:
Michael J. Pfiester, Mayor
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
MUTUAL COOPERATION AGREEMENT ON
EXTRATERRITORIAL PEACE OFFICER JURISDICTION
RELATED TO
A REGIONAL ANTI-DRUG ABUSE TASK FORCE
Lamar / City of Paris ! lA4
STATE OF TEXAS, County of Lamar
This Agreement is entered into by and between the counties ofLamar, 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 (6th/62"a Judicial District), Fannin County, Texas (6th/336th Judicial District), and
Red River County, Texas (6th/102"a 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 nssistat3ce 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 related 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
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EXHIBIT ~..
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 31~t 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.
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4.02 "Compensation" means:
(1) wage, salary, pension, equipment, clothing, medical, and other s'anilar
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. Thc 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 caru 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 fome
agreement, including the contribution of funds, equipment, or personnel.
ARTICLE VI
COMPENSATION AND QUALIFICATION
6.01 Compensation. The Counties, Cities, and Districts agree that:
(1) each County shall provide for thc 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 rcgnlarly 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:
(1) 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.
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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) ARer initiating an extraterritorial investigation, detention,
arrest, or other attendant exercise of police power under this Agreement, a law
enforcement officer shall notify the Task Force supervisor.
(b) ARer making an extraterritorial arrest under this Agreement:
(1) 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 sheriffi
(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
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(6) in a City outside oftbe regular territorial jurisdiction 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:
(1) in a City outside the regular territorial jurisdiction of the County, a County
law enforcement officer shah 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 taw 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 shah be under the formal command oftbe County
sherif[ 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 anthodty of a law
enforcement officer to act under state law, including:
(1) 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 territorial jurisdiction.
ARTICLE VIII
CONTINUATION OF TERRITORIAL AND INVESTIGATIVE JURISDICTION
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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 any one 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 unenforeeability shah 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 aH 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 THIS THE __ DAY OF
,2003.
ATTEST:
Chuck Superville, Lamar County Judge
Date of Order
Derrell Hall, Fannin County Judge
Michael E. Malone, Pads City Manager
Date of Resolution
Blaine Hinds, Bonham City Manager
Date of Order
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Date of Resolution
6-7-02
Page6of8
Powell W. Peek, Red River County Judge
Date of Order
Mark Burtner, Felony Prosecutor
Lamar County
Myles Porter, Felony Prosecutor
Fannin County
Val Varley, Felony Prosecutor
Red River County
APPROVED AS TO FORM:
Thomas E. Almond, Commander
Regional Controlled Substance
Apprehension Program
Date Signed
Talmage Moore, Sheriff
Fannin County
Date Signed
Karl Louis, Chief of Police
City of Paris
Date Signed
Jimmy Townsend, Interim Chief of Police
Date Signed
Belinda Peek, Clarksville City Manager
Date of Resolution
Date Signed
Date Signed
Date Signed
B. J. McCoy, Sheriff
Lamar County
Date Signed
Jerry Conway, Sheriff
Red River County
Date Signed
Mike Bankston, Chief of Police
City of Bonham
Date Signed
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