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R-77-150 - 12/27/1977ATTEST: RESOLUTION NO. 150R RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That said City agree to participate with the Greater Austin Organized Crime Unit with the understanding that salary, fringe benefits and mileage be paid from the Greater Austin Organized Crime Unit Federal Funds. RESOLVED this the 27th day of December 1977. iTT Mayor r R E S O L U T I 0 N WHEREAS, the Police Department of the City of Austin is a participating member of the Greater Austin Arca organized Crime 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 Greater Austin Arca Organized Crime Control Unit, to wit: The City of Austin and the County of Travis, have not here- tofore entered into a formalized Interlocal Assistance Agreement; and WHEREAS, a,proposed Interlocal Assistance Agreement has been submitted to the present members of the Greater Austin Area Organized Crime Control Unit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: b Sec. 1. That the Citv manager or the Deputy City Manager is hereby authori- zed to approve the attached agreement making the City of Austin a party, to the "Greater Austin Area Organized Crime Control Unit." Sec. 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Austin, and it is accordingly so resolved. WHEREAS, the detecting and apprehension of individuals who operate in the field of organized crime often does not occur because the jurisdiction in which they reside is not the same as where their criminal activities occur; and THE GREATER AUSTIN AREA ORGANIZED CRI?E CONTROL UNIT WHEREAS, often the activities of organized crime are moved from one juris- diction to another; and WHEREAS, the greater Austin Area is so structured that the efforts by a single law enforcement agencylare often inadequate to detect and dissolve these intracacies of organized crime; and WHEREAS, past experience in the greater Austin area has indicated that a cooperative effort between the City of Austin and the County of Travis has been effective in detecting and deterring the activities of organized crime to the mutual benefit of the City of Austin and the County of Travis; and WHEREAS, the Texas Legislature has enacted Art. 999b, V.A.C.S., 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 City of Austin and the County of Travis have indicated their desire to participate and be a part of such a task force, to be known as the "Greater Austin Area Organized Crime Control Unit ". NOW, THEREFORE, it is agreed liy the City of Austin and the County of.Travis as follows:• I. Any law enforcement officer assigned by the City of Austin to the Greater Austin Area Organized Crime Control Unit shall be and is empowered to en- force all laws and ordinances applicable in the jurisdiction of the City of Austin and Travis County, including the powers to make arrests and execute search warrants outside the City of Austin, but within Travis County, as provided in Sec. 2a of Art. 999b, V.A.C.S., and subject to the limitations, thereof. II. Any law enforcement officer assigned by the County of Travis to the Greater Austin Area Organized Crime Control Unit shall be and is empowered to en- force all laws and ordinances applicable in the jurisdiction of the City of Austin and Travis County, including the powers to make arrests and execute .search warrants within the City of Austin, as provided in Sec. 2a of Art. 999b, V.A.C.S., and subject to the limitations thereof. III. While functioning as a law enforcement officer assigned to the Greater Austin Area Organized Crime 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 other City or County. IV. A law enforcement officer who is assigned, designated, or ordered by the of- ficial designated by the governing body of the City of Austin or the County of Travis to perform law enforcement duties as a member of the Greater Aus- tin Organized Crime Control Unit shall receive the same wage, salary, pen- sion and all other compensation and all other rights for such service, in- cluding injury and dcath benefits', and workmen's compensation benefits, the same as though the service had been rendered within the limits of the juris- diction from which he was assigned. Recognizing the mutual benefits to both the City of Austin and the County of Travis, it is agreed that all wage and disability payments, including workmen's compensation benefits, pension payments, damage to equipment and clothing, medical expenses, and expenses of travel, food and lodging, shall - be paid by the jurisdiction from which any such law enforcement officer is assigned. • • V. In further recognition of the mutual benefit to be gained by the City of Austin and the County of Travis from the Greater Austin Arca Organized Crime Control Unit, it is agreed that neither the City of Austin nor the County of Travis shall request from the other any reimbursement for any services performed pursuant to this agreement. VI. It is further agreed that in the event any law enforcement officer assigned to the Greater Austin Area Organized Crime Control Unit shall be cited as a defendant party to any civil lawsuit, State or Federal, arising out of his official acts while functioning as a law enforcement officer assigned to the Greater Austin Area OrganizedCrime Control Unit, that said officer shall be entitled to the same benefits +that such of 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 jurisdiction of the law enforcement agency from which he was assigned; further, it is agreed that neither the City of Austin nor the County of Travis shall he responsible for the civil acts of a law enforcement officer of the other jurisdiction - :ho is assigned to the Greater Austin Area Organized Crime Control Unit, except as may be'decreed by the judgement of a court of competent jurisdiction. This agreement will be effective as to the City of Austin and the County of Travis as of the date upon which this instrument is executed by the duly authorized official of the City or County as is expressed in the approving resolution or order of the governing body of such City and County, a copy of which is attached hereto, and shall remain in effect until recinded by resolution or order of such governing body, and notice of the action is transmitted in writing to the other party. • The City of Austin and the County of Travis agree that their agreement may he evidenced by the execution of an identical counterpart of this instru- ment by the duly authorized officer(s) of cach.jurisdiction. Dated and effective as of the ATTEST: ZY CLERK day of , 1976. ITAITIE CITY MANAGER CITY OF AUSTIN, TEXAS City of Austin Founded by Congress. Republic of 1839 Police Department. 700 East 7th Street. Austin.Texas 78701 Telephone 512 /4763541 GENE COLLIER CHIEF OF POLICE ROUND ROCK POLICE 300 S. BLAIS ROUND ROCK, TEXAS 78664 DEAR CHIEF COLLIER: DEPARTMENT JANUARY 18, 1978 ENCLOSED IS A COPY OF THE RESOLUTION, A MUTUAL AID AGREEMENT, AND A COPY OF THE STATE LAW THAT WAS DISCUSSED IN THE MEETING OF JANUARY 17TH. WE APPRECIATE YOUR ATTENDANCE AND HOPE THAT THE ENCLOSED WILL BE OF ASSISTANCE TO YOU. IF YOU HAVE ANY QUESTIONS ON THE RESOLUTION OR AGREEMENT, OR ON ANY OTHER MATTER, PLEASE FEEL FREE TO CALL ME AT (512) 458 -8150. SINCERELY, FRANK DYSON CHIEF OF POLICE BY: LT. BOBBY SIMPS GREATER AUSTIN AREA ORGANIZED CRIME CONTROL UNIT ENCLOSURES C2) BS:BT •R E S 0 L U T I O N WHEREAS, the Police Department of the City of Austin is a participating member of the Greater Austin Arca Organized Crime Control Unit which is a mutual aid law enforcement tas}: 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 Greater Austin Area Organized Crime Control Unit, to wit: The City of Austin and the County of Travis, have not here- tofore entered into a formalized Interlocal Assistance Agreement; and WHEREAS, a proposed Interlocal Assistance Agreement has been submitted to the present members of the Greater Austin Area Organized Crime Control Unit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: Sec. 1. That the City Manager or the Deputy City Manager is hereby authori- zed to approve the attached agreement making the City of Austin a party to the "Greater Austin Area Organized Crime Control Unit." Sec. 2. That this resolution stall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Austin, and it is accordingly so resolved. THE GREATER AUSTIN AREA WHEREAS, the detecting and apprehension of individuals who operate in the field of organized crime 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 diction to another; and ORGANIZED CRIME CONTROL UNIT organized crime are moved from one juris- i.91EP,EAS, the greater Austin Area is so structured that the efforts by a single law enforcement agency are often inadequate to detect and dissolve these intracacies of organized crime; and WHEREAS, past experience in the greater Austin area has indicated that a cooperative effort between the City of Austin and the County of Travis has been effective in detecting and deterring the activities of organized crime to the mutual benefit of the City of Austin and the County of Travis; and WHEREAS, the Texas Legislature has enacted Art. 999b, V.A.C.S., 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 City of Austin and the County of Travis have indicated their desire to participate and be a part of such a task force, to be known as the "Greater Austin Area Organized Crime Control Unit ". NOW, THEREFORE, it is agreed by as follows: the City of Austin and the County of•Travis I. III. Any law enforcement officer assigned by the City of Austin to the Greater Austin Area Organized Crime Control Unit shall be and is empowered to en- force all laws and ordinances applicable in the jurisdiction of the City of Austin and Travis County, including the powers to make arrests and execute search warrants outside the City of Austin, but within Travis County, as provided in Sec. 2a of Art. 999b, V.A.C.S., and subject to the limitations thereof. II. Any law enforcement officer assigned by the County of Travis to the Greater Austin Area Organized Crime Control Unit shall be and is empowered to en- force all laws and ordinances applicable in the jurisdiction of the City of Austin and Travis County, including the powers to make arrests and execute .search warrants within the City of Austin, as provided in Sec. 2a of Art. 999b, V.A.C.S., and subject to the limitations thereof. While functioning as a law enforcement officer assigned to the Greater Austin Area Organized Crime 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 other City or County. IV. A law enforcement officer who is assigned, designated, or ordered by the of- ficial designated by the governing body of the City of Austin or the County of Travis to perform law enforcement duties as a member of the Greater Aus- tin Organized Crime Control Unit shall receive the same wage, salary, pen- sion and all other compensation and all other rights for such service, in- cluding injury and death benefits, and workmen's compensation benefits, the same as though the service had been rendered within the limits of the juris- diction from which he was assigned. Recognizing the mutual benefits to both the City of Austin and the County of Travis, it is agreed that all wage and disability payments, including workmen's compensation benefits, pension payments, damage to equipment and clothing, medical expenses, and expenses of travel, food and lodging, shall- be paid by the jurisdiction from which any such law enforcement officer is assigned. V. In further recognition of the mutual benefit to be gained by the City of Austin and the County of Travis from the Greater Austin Area Organized Crime Control Unit, it is agreed that neither the City of Austin nor the County of Travis shall request from the other any reimbursement for any services performed pursuant to this agreement. VI. It is further agreed that in the event any law enforcement officer assigned to the Greater Austin Area Organized Crime Control Unit shall be cited as a defendant party to any civil lawsuit, State or Federal, arising out of his official acts while functioning as a law enforcement officer assigned to the Greater Austin Area Organized Crime 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 jurisdiction of the law enforcement agency from which he was assigned; further, it is agreed that neither the City of Austin nor the County of Travis shall be responsible for the civil acts of a law enforcement officer of the other jurisdiction who is assigned to the Greater Austin Area Organized Crime Control Unit; except as may be decreed by the judgement of a court of competent jurisdiction. This agreement will be effective as to the City of Austin and the County of Travis as of the date upon which this instrument is executed by the duly authorized official of the City or County as is expressed in the approving resolution or order of the governing body of such City and County, a copy of which is attached hereto, and shall remain in effect until recinded by resolution or order of such governing body, and notice of the action is transmitted in writing to the other party. . , i The City of Austin and the County of Travis agree that their agreement may be evidenced by the execution of an identical counterpart of this instru- ment by the duly authorized officer(s) of cach.jurisdiction. Dated and effective as of the day of , 1976. ATTEST: ITY CLERK DAN 11. DAVIDSON CITY MANAGER CITY OF AUSTIN, TEXAS • • • Sec. 2a. A county or municipality may by resolution or order of its governing body enter into an agreement with any neighboring municipal- : -. - 4 ity or contiguous count_: to form a mutual aid law enforcement task force • to cooperate in the investigation of criminal activity and enforcement of the laws of this state. Peace officers employed by counties or munici- palities entering into such agreements shall have only such additional investigative authority throughout the region as may be set forth in the agreement. The counties or municipalities shall provide for compensation of peace officers involved in the activities of a mutual aid law enforce- .... ment task force, which provision for compensation shall be contained in _ -• the agreement. �' • • A law enforcement officer employed by a county or municipality covered by an agreement authorized by this section may make arrests : - outside the county or ^unicipality in which he is employed, but within the area covered by the agreement, provided however. that the law en- :i< forcement agencies within such county or municipality shall be notified of such arrest without delay. Such notified agency shall make available the notice of such arrest in the same manner as if said arrest were made by a member of the law enforcement agency of said county or munici- pality. • Sec. 3. While any law enforcement officer regularly employed as such in one county or municipality is in the service of another county or municipality pursuant to this Act. he shall be a peace officer of such other county or municipality and be under the command of the law en- forcement officer therein who is in charge in that county or municipality, with all the powers of a recul:ir law enforcement officer in such other County or municipality. as fully as though he here within the county or municipality where regularly employed and his qualific tion. respective ly, for office where regularly employed shall constiture-his qualification for office in such other county or municipality, and no other oath, bond, or compensation need be made. Sec. 4. Any law enforcement officer a ho is ordered by the official designated by the governing body of any county or municipality to per- form police or peace duties outside the territorial limits of tl.c county or municipality where he is regularly employed as such officer, shall be en- titled to the same wage, salary, pension, and all other compensation and all other rights for such service, including injury or death benefit:, the same as though the service had been rendered within the limits of the County or municipality where he is regularly employed, and shall also be paid for any reasonable expenses of travel, food, or lodging that he may incur while on duty outside such limits. Sec. 5. All wage and disability payments. pension payments, damage to equipment and clothing, medical expense, and expense- of travel, food. And hod, :ing ;hall be paid by the county or municipality teeulatly em- ploying such law enforcement officer. Upon maimig such p.qutenls, the county or municipality that (urns lied the services shall, when it so re- quests, be reinibur.Oed by the county or municipality tthose authorized offi- cial 1etrucated the services out of which the p.1)nn•uts arose. Each such county or municipality is hereby expressly auttrolizcd to make such pay- ments and 11imbur.cments notwithstanding any provision in its charter or ordinances to the contrary. /art, LaW enlorcc111cnt 0111ccrai Iola tucdl ,laalat,futc Stet/0' 1. "Municipality" as used herein meae nny city or town, 6rcludint 1me - rule city or a city operating under general law or a epecinl charter, "Law enforcement officer" as uacd herein means any policeman, sheriff, or deputy sheriff, constnble, or deputy conatnble, mar- shal, or deputy marshal. Scc. 2. Any county or municipality shall have the power by resolu- tion or order of its governing tinily to make provision for, or to author- • ize its major or chief administrative officer. chief of police or marshal to make provision for, its regularly employed l.iw enforct merit officers to desist any other county or municipality, when in the opinion of the mayor. or other officer at:thon:ed to declare a state of civil ernerrency in such other county or municipality, there exists in such other county or muntci• polity a need for the services of additional law enforcement officers to protect the health, life, and property- of such other county or municipality, its inhabitants, and the visitors thereto. by reason of riot, unlawful as- sembly characterized by the use of force and violence. or threat thereof by three or more persons acting together or without.lawful authority, or during time of natural disaster or man -made calamity.