The URL can be used to link to this page

Home My WebLink AboutRES 1988-035 CITY OF GRAPEVINE, TEXAS RESOLUTION NO. 88-3� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS APPROVING AN INTERLOCAL ASSISTANCE AGREEMENT WITH THE POLITICAL SUBDIVISIONS LISTED ON EXHIBIT "A" ATTACHED HERETO SUBSTANTIALLY IN THE FORM ATTACHED AS EXHIBIT "B" FOR THE PURPOSE OF PROVIDING ARSON DETECTION, INVESTIGATION AND PROSECUTION; PROVIDING A SEVERABILITY CLAUSE; � PROVIDING AN EFFECTIVE DATE. � E � . f j _ - WHEREAS, arson is the fastest growing crime in America, ` costing taxpayers millions of dollars each year in additional insurance premiums; and WHEREAS, arson losses in all of Tarrant County can exceed �10,000,000.00 each year; and ' WHEREAS, arson related fires continue to tax the men and equipment of fire departments and their investigative resources, causing unnecessary exposure to death and injury of innocent citizens, fire fighting and investigative personnel, damage to equipment, and preventing the use of these resources for other emergencies; and WHEREAS, no government agency can afford to retain and train sufficient numbers of fire and arson investigators to properly investigate major or multi-alarm incidents; and WHEREAS, the citizens of this community and county should be provided a total public information and awareness program �:�. and a task force of professional officers to investigate serious alarms; �� WHEREAS, the municipalities of Tarrant County have recognized the need for a county-wide arson abatement program; and WHEREAS, the City Council of the City of Grapevine, Texas desires to enter into an interlocal assistance agreement with the political subdivisions listed on Exhibit "A" attached hereto substantially in the form attached as Exhibit "B" for ; the purpose of providing arson detection, investigation and prosecution; and ' WHEREAS, the City of Grapevine, Texas is authorized by F the Interlocal Cooperation Act, Article 4413 (32c) , Texas j Revised Ciuil Statutes, to enter into an interlocal assistance j agreement with the political subdivisions listed on Exhibit "A" � for such purposes. i N0V7, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That all of the premises stated in the �-�s preamble are true and correct and are incorporated into the � body of this resolution as if stated in their entirety. �:� Section 2 . That the City Council approves entering I into an interlocai assistance agreement with the political � subdivisions listed in Exhibit "A" in substantially the form attached as Exhibit "B" . Section 3 . That the City Manager is hereby authorized and directed to execute and take all necessary steps to consummate an interlocal assistance agreement substantially in � the form attached as Exhibit "B" with the political subdivisions listed in Exhibit "A" . 6 � OOlOV/1 i . -- . _ _. ._. __.�_ Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this resolution, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this resolution; and the City Council hereby declares it would have passed such remaining portions of the resolution despite such invalidity, w�ich remaining portions shall remain in full force and effect . Section 5 . That this resolution shall become effective immediately from and after its passage and approval by the City Council. ��.rv;,.�� PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ' GRAPEVINE, TEXAS, ON THE 6th DAY OF September , 1988. Mayor, City of Grapevine, Texas ATTEST: - Ci Secre ary City of Grape e, Texas [SEAL] �,��,R, APPROVED AS TO FORM: � � City Attorney City of Grapevine, Texas �I ,, �II �,..� . �� OOlOV -2- � .. _ . ___ EXHIBIT "A" TO RESOLUTION NO. 88-35 ��u� �� PARTICIPATING AGENCIES Arlington Grapevine Bedf ord Hurst Colleyville Keller Crowley Mansfield Dallas/Fort Worth North Richland Hills International Airport Richland Hills Euless Southlake Fort Worth Tarrant Fire Protection Grand Prairie District Watauga +�r � EXHIBIT "B" , PAGE 1 TO RESOLUTION NO. 88-35 THE STATE OF TEXAS COUNTY OF TARRANT INTERLOCAL ASSISTANCE AGREEMENT � This Agreement is entered into by and between the ,�„,�, and , both being located within Tarrant County Texas, executing and delivering this Agreement as hereafter provided (The Parties) : pursuant to the Interlocal Cooperation Act, Article 4413 (32c) � Texas Revised Civil Statutes: WHEREAS , there is a need for investigative/prosecutorial cooperation for suspected arson cases in Tarrant County; and WHEREAS , the Parties hereto have determined that the best possible method for attacking the arson problem within Tarrant County is an agreement establishing such cooperation, and WHEREAS, the Parties desire to enter into this Agreement to provide investigative/prosecutorial cooperation in connection with arson cases; and WHEREAS, each Party is authorized to perform the services ,_,,.,:� contemplated for it herein; NOW THEREFORE, in consideration of the mutual covenants and the terms and conditions set forth below, the Parties do hereby agree as follows: l. The Parties hereto execute this Agreement for the purpose of providing arson detection, investigative, and prosecutorial capabilities to each other as the need arises. 2. The City of Ft. Worth Fire Marshal shall be the Coordinator of the arson task force created by this Agreement and his office shall be the central repository of the Parties ' executed counterparts of this Agreement. Any Change in the Coordinator must be agreed to in writing by a majority of the then Parties to this Agreement and notification of such change shall be promptly made by such new Coordinator in writing to all Parties. � �,:_� EXHIBIT "B" , PAGE 2 TO RESOLUTION NO. 88-35 3 . When requested by a Party, any other Party to this Agreement shall provide available members of its arson investigative unit to '�" investigate, and follow through prosecution, fires of suspicious origin or unknown causes within the requesting jurisdiction. While � engaged in such activities, employees of the responding Party shall be under the direction and supervision of the requesting Party ' s officer in charge of the investigation. The availability of its officers shall be determined by the Party requested to respond. 4. While performing tasks under this Agreement, employees of the responding Party will be vested with all arson investigative and police powers of the requesting Party' s officer-in-charge 5. In performing its duties under this Agreement, each Party will comply with all necessary Federal, State and Local laws and regulations, including those relating to disposal of property acquired from grant funds . 6 . The Party regularly employing the investigative officer shall pay all wages and disability payments, pension payments, damages to equipment and clothing of that officer while he is involved in activities pursuant to this Agreement the same as though the services had been rendered within the limits of the jurisdiction "'� wherein he is regularly employed. The requesting Party shall have no obligation to reimburse the responding Party for such costs. � 7. A Party to this Agreement may withdraw from it only after providing not less than 90 days written notice of same to the other Parties . The Agreement may be terminated at any time by mutual agreement of the Parties. 8 . In the event that any person performing services pursuant to this Agreement shall be cited as a party to a civil lawsuit, state or federal, arising out of the performance of those services, he shall be entitled to the same benefits that he would be entitled to receive if such civil action had arisen out of the performance of his duties as a member of the department where he is regularly employed and in the jurisdiction of the party by which he is regularly employed. �r EXHIBIT "B" , PAGE 3 Td RESOLUTION NO. 88-35 9 . Each Party to this Agreement expressly waives all claims against Party for compensation for any loss, damage, personal injury "�'" or death occurring as a consequence of the performance of this Agreement. �.�,; � ' 10 . It is expressly understood and agreed that, in the execution ; of this Agreement no Party waives� nor shall be deemed hereby to ' waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 11. Amendment to this Agreement shall only be by written agreement approved by each party. 12 . This Agreement may be signed in multiple counterparts and shall be binding on a Party when signed by such Party ' s duly authorized representative and delivered to the arson task force Coordinator. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective upon execution by both. � (vour a encv) � ATTEST: (city or board secretary) (chief administrative officer) APPROVED AS TO FORM: On the day of , 19 _ (leqal counsel) Party entering Interlocal Assistance Agreement: ATTEST: APPROVED: (city secretary) (si nature) , (title) On the day of , 19 Legal Counsel