1990R01- ALAMO AREA NARCOTICS TASK FORCE
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RESOLUTION NO .CZfl-f?-..J
A RESOLUTION
DECLARING THE CITY OF SCHERTZ' INTENT TO
PARTICIPATE WITH THE ALAMO AREA NARCOTICS
TASK FORCE; AUTHORIZING THE CITY ~~NAGER TO
ENTER INTO AN AGREEMENT TO PARTICIPATE IN
THE TASK FORCE AT NO COST TO THE CITY
WHEREAS, the City Council of the City of Schertz
recognizes the danger to our local citizenry that unlawful drug
activity poses: abhors the criminal activity it produces and
recognizes a need for a cooperative Law Enforcement effort: and
WHEREAS, the City of Schertz desires to participate
with the Alamo Area Narcotics Task Force; and
WHEREAS, the Alamo Area Narcotics Task Force has agreed
to cooperate with the City in its efforts at no cost to the City;
NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT the City of Schertz, Texas, desires to participate
with the Alamo Area Narcotic Task Force in this enforcement
program and authorizes the City Manager to enter into an
agreement between the City and the Task Force to cooperate in the
investigation of criminal activity and enforcement of the laws of
the State of Texas; and
HEREBY authorizes participation with the Alamo Area
Narcotics Task Force at no cost to the City.
PASSED, APPROVED AND ADOPTED this the~,d.-.Jday oU~__,
1990 . z;r--'--'~V--
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ATTEST:
City of Schertz
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STATE OF TEXAS
COUNTIES OF BEXAR, COMAL
AND GUADALUPE
WHEREAS, the Alamo Area Narcotics Task Force has received
a grant renewal for the Texas Narcotics Control Program for the
period of September 1, 1989 through August 31, 1990; and
WHEREAS, the Alamo Area Narcotics Task Force is
desirous to add new agency participation to increase the amount
of grant funding; and
WHEREAS, the City of Schertz desires to combat and
eliminate drug use in the City of Schertz; and
WHEREAS, pursuant to Chapter 362 of Texas Local
Government Code, the State legislature has authorized the
formation of mutual aid law enforcement units to cooperate in the
investigation of criminal activity and enforcement of the laws of
the State of Texas;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Schertz does )Oln with the other
counties and municipalities of the Multi-Agency Narcotics
Traffickers Task Force known as Alamo Area Narcotics Task Force
(hereinafter referred to as "Task Force") by and through the
City Manager of the City of Schertz and The Task Force Program
director as authorized agents.
1.
Authority of Officers
Any law enforcement officer assigned to the "Task
Force" by a county or a municipality which is a party to this
agreement shall be empowered to enforce all laws and ordinances
applicable in the jurisdictions of cities and counties joining in
this agreement, including the power to make arrests and execute
search warrants outside of the county or municipality from which
the officer is assigned, but within the area covered by the
jurisdictions of the cities and the county which are parties to
this agreement.
While functioning as a law enforcement officer assigned
to the "Task Force" in a jurisdiction other than the jurisdiction
from which the officer is assigned, the officer shall have all
the law enforcement power of a regular law enforcement officer of
such other county or municipality.
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II.
Compensation
A law enforcement officer who is assigned, designated
or ordered by the official designated by the governing body of
any county or municipality to perform law enforcement duties as a
member of the "Task Force" shall receive the same wage, salary,
pens ion, and all other compensations, and all other rights for
such service, including injury or death benefits and workers
compensation benefits, the same as though the service had been
rendered within the limits of the county or municipal i ty from
which the officer was assigned, in the same manner and in the
same amount as though that officer were providing the service for
the benefit of the assigning county or municipality. Recognizing
the benefits to a participating county or municipal i ty to thi s
agreement, it is agreed that all wages and disability payments,
including workers compensation benefits, pension payments, damage
to equipment and clothing, medical expense and expenses of
travel, food and lodging, shall be paid by the county or
municipality from which the officer is assigned, except as
otherwise provided. The City of Schertz shall not be liable for
the payment of any money to the "Task Force" or any person or for
any equipment assigned to the "Task Force".
III.
Reimbursement
In consideration of and in further recognition of the
benefit gained by the county or municipality participating in the
"Task Force", it is agreed that no county or municipality that is
a party to this agreement shall request from the City of Schertz
reimbursement for any services performed in furtherance or
pursuant to this agreement.
IV.
Responsibility for Acts of an Officer
In further consideration of and recognition of the
benefit to be gained by the county or municipality participating
in the "Task Force", it is further agreed that, in the event any
law enforcement officer assigned to the "Task Force" shall be
cited as defendant party to any civil lawsuit, state or federal,
arising out of, directly or indirectly, the officer's acts while
functioning as a law enforcement 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
and terms of his employment and duties as a member and in the
jurisdiction of the law enforcement agency from which the officer
was assigned. Further, the City of Schertz shall not be
responsible for the civil acts of a law enforcement officer of
another county or municipality assigned to the "Task Force".
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v.
It is further agreed that the City of Schertz shall not
be required to contribute any money, equipment, or personnel nor
be responsible in any manner financially for the operations or
liabilities of the operation of the "Task Force", and in fact the
participation of the City of Schertz as a member of the "Task
Force" as an additional agency and the contribution. if any, of
the use of its name in enhancing and enlarging the "Task Force's.
base for a larger grant is sufficient and limit of the City of
Schertz' consideration.
VI.
Business Records
It is hereby agreed that, during the term of this
Agreement and for a three (3) year period thereafter. the parties
shall keep and maintain accurate and current records supported by
case number, offense and date of incident to prOVide verification
of seized funds and program activity.
This agreement will be effective as to the parties
hereto upon the execution of this document by the Task Force
Program Director and the City Manager of the City of Schertz,
Texas. This agreement may be rescinded by written notice to the
other party of the intention to rescind this agreement.
IN WITNESS WHEREOF,
agreement on the
the parties
day of
hereto have
executed this
. 1990.
City of Schertz, Texas
Kerry R. Sweatt
City Manager
ATTEST:
City Secretary, City of Schertz
Alamo Area Narcotics Task Force
Program Director