ORDER N0. 28097 AF'RROVAL OF MUTUAL AID AGREEMENT FOR MULTI-JURISDICTIONAL SPECIAL OPERATIONS UNIT On this the 27th day of May c:00?,, ~_rpon motion made by Commissioner Nicholson, seconded by Commissioner^ E~aldwin, the Cn~_~r-t unanimously approved by a vote of 4-0-0, of the Mutual Aid Agreement of Multi--Jurisdictional Special Operations Unit and a~_rthor^i~e Co~.rnty Judge to sign the same ~_rpon the appr^oval of the County Attorney of }ier^r' Co~_~nty. ~ ~1 C~. ~ `~' // COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: ~PNI~D M.91"LE OFFICE: ~~C~T~~'t'To~2~/v6~S ~~iGc MEETING DATE: /1~1~4~ 02'7 ~~ 3 TIME PREFERRED: . M , SUBJECT: (PLEASE BE SPECIFIC) /12u~T, - ~u,2~sp,~T,~oN~~ o~P~C~Ya-c_ ~ ~°~~onls ~~1~ ~~ ~~~1 z~ C~tc,vey -emu, o~F T ~i d.n1 ~,¢,~~ , EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) /V~~ NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: 0 Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. CITY OF KERRVILLE, TEXAS RESOLUTION NO. 0 51 -2003 RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT BETWEEN THE CITY OF KERRVILLE, THE CITY OF FREDERICKSBURG, KIMBLE COUNTY, AND KERB COUNTY FOR A MUTUAL AID AGREEMENT FOR MULTI-JURISDICTIONAL SPECIAL OPERATIONS UNIT WHEREAS, in an effort to increase the efficiency and effectiveness of local governments, the Texas Legislature enacted Chapter 791 of the Texas Government Code (also known as the "]nterlocal Cooperation Act"), which authorizes local governments to contract with one anotherto provide a governmental function or service that each party to the contract is authorized to perform individually; and WHEREAS, in an effort to respond to unique law enforcement situations, the City of Kerrville, City of Fredericksburg, Kimble County, and Kerr County have agreed to form a multi jurisdictional Special Operations Unit, pursuant to the terms of a mutual aid agreement; and WHEREAS, the City Council of the City of Kerrville, Texas, finds it to be in the public interest to enter into a Mutual Aid Agreement with the City of Fredericksburg, Kimble County and Kerr County for joint participation in a Special Operations Unit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KERRVILLE, KERR COUNTY, TEXAS: That the Mayor and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City of Kerrville, a Mutual Aid Agreement with the City of Fredericksburg, Kimble County and Kerr County, which shall be substantially for the purposes set forth in Exhibit "A". PASSED AND APPROVED ON this the ~~~day of ATTEST: Bre da G. Craig ity Cler APPROVED AS TO FORM: i/ ~ ~ ~ Michael C. ayes, City A o ney A.D., 2003. F1LegaHPolice\Res\Interlocal Agmt-Fredericksburg-Special Ops Unil.doc MUTUAL AID AGREEMENT FOR MULTI-JURISDICTIONAL SPECIAL OPERATIONS UNIT WHEREAS, the joint exercise and deployment of law enforcement powers and authority is specifically authorized by TEXAS GOVERNMENT CODE §791.001, et seq., commonly titled the Interlocal Cooperation Act; and WHEREAS, the temporary exchange of law enforcement officers by and between different agencies for the purpose of mutual assistance is to be encouraged as it promotes more effective response to particular situations, efficiency, the exchange of ideas, cooperation among law enforcement agencies, effective utilization of specialized skills and is desirable to achieve the purposes set forth below; and WHEREAS, Texas state law empowers law enforcement officers to exercise their power outside of their normal jurisdictions when a request for assistance is forthcoming from another law enforcement agency; and WHEREAS, the governing bodies of the undersigned municipalities and counties hereinafter denominated as "Party" or "Parties," have determined that it is in the public interest and of mutual advantage to enter into an agreement for the provision of specific inter-agency law enforcement services; NOW THEREFORE, pursuant to the above considerations, and the covenants and mutual benefits herein expressed, the Parties hereby agree as follows: I. PURPOSE It is the intent of the Parties to secure through the mechanisms hereby created, amulti- jurisdictional Special Operations Unit that will lead to: 1. More efficient utilization of law enforcement services and resources; 2. An enhanced degree of cooperation between law enforcement agencies within the participating communities; 3. More timely and effective response to calls for specialized law enforcement assistance; and 4. Adequate manpower levels of highly trained law enforcement officers to resolve crisis and high-risk situations. II. PARTIES This Agreement is executed by and between the City of Kerrville, the City of Fredericksburg, Kimble County, and Kerr County; however, it is anticipated and acknowledged that other agencies may participate in this Agreement through the execution of similar agreements. III. TERM This Agreement will take effect between and among the Parties upon the date of execution by their respective governing bodies and shall automatically renew on a yearly basis. However, any Party may terminate its participation in this Agreement upon thirty days written notice to all other Parties. Notice shall be given at the following addresses: City Manager City of Kerrville 800 Junction Highway Kerrville, Texas 78028 (830)257-8000 City Manager City of Fredericksburg 126 W. Main St. Fredericksburg, TX 78624-3708 County Judge Kimble County Kimble County Courthouse 501 Main Junction, Texas 76849 County Judge Kerr County Kerr County Courthouse 700 Main St. Kerrville, Texas 78028 III. DEFINITIONS "Special Operations" as used herein shall mean any or all of the following special tasks or duties that are assigned to a peace officer or group of peace officers in addition to routine police duties: a. Combating specific crime problems that are likely to be resolved by the commitment of additional forces; b. Additional support for patrol elements and routine patrol activities when the need arises; c. Primary or supplemental manpower for riot situations and crowd control; d. Provision of special weapons and tactics support to handle barricaded persons, snipers, hostage situations and similar emergency situations; e. Provision of security for individuals such as visiting dignitaries. 2 2. "Special Operations Unit" as used herein shall mean a designated peace officer or group of peace officers within the Parties' police or sheriff departments who are trained in and equipped to perform "Special Operations," as that term is defined herein. IV. CONDITIONS 1. This Agreement shall be performed by those law enforcement officers of each Party who are specially trained for Special Operations. 2. The City of Kerrville Police Department, through its command personnel, where responding, shall take command of the Special Operations conducted under this Agreement by supervising all law enforcement personnel in their performance of this Agreement. 3. Pursuant to the terms of this Agreement, the Special Operations Unit made up of law enforcement personnel from the Parties, may, upon request, operate in any other jurisdictional area within the State of Texas in conjunction with any other law enforcement agency requesting assistance, in addition to the geographic areas covered by the signatories hereto. 4. The Chiefs of Police or Sheriffs of each Party shall adopt develop and adopt policies concerning implementation, command administration and financing of this Special Operations Unit, subject to the such approval of the governing bodies of each Party as may be necessary. V. RIGHTS AND DUTIES This Agreement is strictly voluntary in nature and places no Party operating under it under any obligation to request or to respond to a request for special operations services that it does not desire to have or that it is unable or unwilling to honor. However, each Party should make every reasonable accommodation possible to fulfill the intent and terms of this Agreement. PASSED AND APPROVED this ~ ~ day of , 2003. City of Ke Stephe P. Fine, Mayor ATTEST: City of Fredericksburg: c Brenda G. Craig, Ci ecretary Timothy C. yor ATTEST: tom' Shelley Britt ~ Secretary APPROVED: ~- Michael C. Hayes, City rney Kimble County: County Judge ATTEST: County Clerk APPROVED: Max Fisher, County Attorney APPROVED: ~N' Pat McGowan, City Attorney Kerr County APPROVED: " ~. r D 1~Io ey, County Attorney L:U,egaAPolice~SOU multi juris agromient -FINAL_050803.doc