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HomeMy WebLinkAbout04-08-82-07 - Resolution - 04/08/1982RESOLUTION NO. 04-08-82-07 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A NARCOTIC TRAFFIC CONTROL UNIT AGREEMENT WITH THE CITY OF BRYAN AND COUNTY OF BRAZOS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Police Department of the City of College Station is a parti- cipating member of the Brazos County and Bryan-College Station Area Narcotic Traffic Control Unit which is a mutual aid law enforcement task force cooperating in the investigation of criminal activity and the enforcement of the laws of the State of Texas; and WHEREAS, the Texas Legislature has enacted legislation 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 members of the Brazos County and Bryan-College Station Area Narcotic Traffic Control Unit, to-wit: The Cities of Bryan and College Station and the County of Brazos, have not heretofore entered a formalized Interlocal Assistance Agreement; and WHEREAS, a proposed Interlocal Assistance Agreement has been submitted to the present members of the Brazos County and Bryan-College Station Area Narcotic Traffic Control Unit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF COLLEGE STATION: That the Mayor is hereby authorized to execute on behalf of the City of College Station the agreement, as shown on Exhibit "A," which is attached hereto and incorporated herein by this reference for all purposes, making the City of College Station a party to the Brazos County and Bryan-College Station Narcotic Traffic Control Unit. e That this resolution shall be effective immediately upon adoption. APPROVED AND ADOPTED THIS 8th day of Apr±l , 1982. ATTEST: 00350' THE BRAZOS COUNTY AND BRYAN-COLLEGE STATION AREA NARCOTIC TRAFFIC CONTROL UNIT WHEREAS, the detecting and apprehension of individuals who operate in the field of narcotics often does not occur because the jurisdiction in which they reside is not the same as where their criminal activities occur; and WHEREAS, often the activities of narcotic traffic move from one jurisdictiom to another~ and WHEREAS, Brazos County and the Bryan-College Station area is so structured that the efforts by a single law enforcement agency are oftem inadequate to detect and resolve these intricacies of narcotic traffic; and WHEREAS, past experience in the Brazos County and Bryan- College Station area has indicated that a cooperative effort between the Cities of Bryan and College Station and the County of Brazos has been effective in detecting and deterring the activi- ties of narcotic traffic to the mutual benefit of both Cities and the County of Brazos~ and WHEREAS, the Texas Legislature has enacted Article 999b, V.A.C.S., to encourage the formation of mutual aid law enforce- ment task forces to cooperate in the investigation of criminal activity and enforcement of the laws of this State~ and WHEREAS, the Cities of Bryan and College Station and the County of Brazos have indicated their desire to participate and be a part of such a task force, to be known as the Brazos County and Bryan-College Station Area Narcotic Traffic Control Unit; NOW, THEREFORE, it is agreed by the Cities of Bryan and College Station and the County of Brazos as follows: Any law enforcement officer assigned by the City of Bryan to the Brazos County and Bryan-College Station Area Narcotic Traffic Control Unit shall be and is empowered to enforce all laws and ordinances applicable in the jurisdiction of the Cities of Bryan and College Station and Brazos County, including the powers ro make arrests and execute search warrants outside the City of Bryan, but within the City of College Station and Brazos County, as provided in Section 2a of Article 999b, V.A.C.S., and subject to the limitations thereof. II. Any law enforcement officer assigned by the City of College Station to the Bryan-College Station Area Narcotic Traffic Control Unit shall be and is empowered to enforce all laws and ordinances applicable in the jurisdiction of the Cities of Bryan amd College Station and Brazos County, including the powers to make arrests and execute search warrants outside the City of College Station, but within the City of Bryan and Brazos County, as provided in Section 2a of Article 999b, V.A.C.S., and subject to the limitations thereof. III. Any law enforcement officer assigned by the County of Brazos to the Brazos County and Bryan-College Station Area Narcotic Traffic Control Unit shall be and is empowered to enforce all laws and ordinances applicable in the jurisdiction of the Cities of Bryan and College Station and Brazos County, including the powers to make arrests and execute search warrants within the Cities of Bryan and College Station, as provided in Section 2a of Article 999b, V.A.C.S., and subject to the limitations thereof. IV. While functioning as a law enforcement officer assigned to the Brazos County and Bryan-College Station Area Narcotic Traffic Control Unit in a jurisdiction other than the jurisdiction from which he is assigned, all such officers shall have all the law enforcement powers of a regular law enforcement officer of such City. Ve A law enforcement officer who is assigned, designated, or ordered by the official designated by the governing body of the Cities of Bryan or College Station or the County of Brazos to perform law enforcement duties as a member of the Brazos County and Bryan-College Station Area Narcotic Traffic Control Unit shall receive the same wage, salary, pension and all other compensation and all other rights for such service including injury and death benefits, and workmen's compensation benefits, the same as though the service had been rendered within the limits of the jurisdiction from which he was assigned. ' -2- Recognizing the mutual benefits to both the Cities of Bryan and College Station and the County of Brazos, it is agreed tha~ all wage and disability payments, including workmen's compensa- tion benefits, pension payments, damage to equipment and cloth- ing, medical expenses, and expenses of travel, food and lodging, shall be paid by the jurisdiction from which any such law enforce- ment officer is assigned. VI. In further recognition of the mutual benefit to be gained by the Cities of Bryan and College Station and the County of Brazos from the Brazos County and Bryan-College Station Area Narcotic Traffic Control Unit, it is agreed that neither the City of Bryan, the City of College Station, nor the County of Brazos shall request from the other any reimbursement for any services performed pursuant to this agreement. VII. It is further agreed that in the event any law enforcement officer assigned to the Brazos County and Bryan-College Station Area Narcotic Traffic Control Unit shall be cited as a defendant party to any civil lawsuit, State or Federal, arising out of official acts while functioning as a law enforcement officer assigned to the Brazos County and Bryan-College Station Area Narcotic Traffic Control Unit, that said officer shall be entitled to the same benefits that such officer would be entitled to receive had such civil action arisen out of an official act within the scope of his duties as a member and in the juris- diction of the law enforcement agency from which he was assigned; further, it is agreed that neither the City of Bryan, the City of College Station, nor the County of Brazos shall be responsible for the civil acts of a law enforcement officer of the other jurisdiction who is assigned to the Brazos County and Bryan- College Station Area Narcotic Traffic Control Unit, except as may be decreed by the judgment of a court of competent jurisdiction. This agreement will be effective as to the Cities of Bryan and College Station and the County of Brazos as of the date upon which this instrument is executed by the duly authorized official of the Cities or County as is expressed in the approving resolu- tion or order of the governing body of such Cities and County, a copy of which is attached hereto, and shall remain Jn effect until rescinded by a resolution or order of such governing body, and notice of the action is transmitted in writing to the other party. IN WITNESS WHEREOF, the parties hereto, acting under the authority of their governing body, have caused this agreemen~ Fo be duly executed in triplicate, each of which will constitute an original as of the l?th day of May , 1982. ATTEST: ,· ~', I , ~ ', -~. City Secret~ry APPROVED AS TO FORM: ATTEST: C~fty S~c~.et~ CoUnty Clerk' APPROVED AS TO FORM: -4- CITY OF BRYAN Mayor Mayor,~ v /-x~-- ~ COUNTY OF BRAZ0S