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HomeMy WebLinkAboutResolution - 6615 - Interlocal Agreement - Garza County - 11_11_1999Resolution No. 6615 Nov. 11, 1999 Item No. 28 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement between the City of Lubbock and Garza County, Texas, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 11th day of APPROVED AS TO CONTENT: Terry Eller ok Managing Director Water Utilities APPROVED AS TO FORM: Richard K. Casner Natural Resources Attorney RKC:cp Ccdocs/GarzaCounty-City. Res November 2, 1999 November 1999. Resolution No.6615 Nov. 11, 1999 Item No. 28 INTERLOCAL AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT is entered into on this 11th day of November , 1999, by and between Garza County, Texas (the "County") and the City of Lubbock, Texas (the "City"), both parties being local governments of the State of Texas, pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Chapter 791 of the Government Code of the State of Texas. I. RECITALS Section 1.01. The City owns certain real property located in Garza County, Texas, comprising the Lake Alan Henry Reservoir, the Wildlife Mitigation Area, the Sam Wahl Recreation Area, and lands located adjacent to or in the vicinity of same (collectively the "City Lands"). Due to the high volume of activity in and around the City Lands, the City deems it to be in the best interest of its citizens for the County to increase the law enforcement presence in and around the City Lands. II. AGREEMENT OF PARTIES Section 2.01. For and in consideration of the annual payment of Sixty Thousand and no/100 Dollars ($60,000.00) by the City to the County, payable in twelve (12) equal monthly installments, payable on or before the tenth (loth) day of each month of this Agreement, the County agrees to perform enhanced law enforcement activities upon the City Lands. Section 2.02. For and in such consideration, the County agrees to perform the following: (a) The County shall provide a minimum of two (2) certified peace officers for patrol on City Lands for an minimum average of seventy (70) hours each week, with no less than sixty (60) hours of patrol per any given week. The City may designate, with a tolerance of ten percent (10%), the number of hours to be patrolled by the County on City Lands for the weekends of Memorial Day, Independence Day, and Labor Day and the weeks of local spring break vacation from area schools. (b) The County shall provide additional law enforcement personnel to perform support to the patrolling certified peace officers on City Lands as necessary. The County shall provide a minimum of one (1) drug dog to assist the County's certified peace officers on the City Lands. Interlocal Agreement Garza County/City of Lubbock Pagel of 5 (c) The County shall provide for said patrols a minimum of one (1) motor vehicle and one (1) boat. (d) The County shall provide all County patrolling certified peace officers uniforms, weapons, appropriate licenses and, except as provided herein, any other materials that may be necessary in carrying out the County's duties hereunder. Additionally, the County shall provide all decals, as approved by the City, to be installed upon the patrolling motor vehicles and boats upon the City Lands. (e) The County shall provide all compensation, including without limitation, salaries and benefit packages, to any and all County certified peace officers patrolling City Lands. It is expressly agreed and understood that the City's liability to the County for the services provided hereunder are limited in all instances and circumstances to the consideration stated above in Section 2.01. (f) The County shall provide appropriate computers, as deemed necessary by County, for the certified peace officers' use in connection with County services hereunder. (g) The County shall provide all gasoline and maintenance for all motor vehicles and boats utilized in its services to be provided upon City Lands, except that repairs costing more than One Thousand and no/100 Dollars($1,000.00) shall be paid by the governmental entity owning the affected vehicle or boat. Further, the County shall provide radar units in all motor vehicles utilized in connection with its activities upon City Lands. (h) To assist the County in its provision of services upon City Lands, the City will provide to the County the following: (i) One (1) four-wheel drive motor vehicle and one (1) patrolling boat, to be determined by the City. (ii) A work station area, that being the "Permit Office" owned by the City, located at the entrance of the Sam Wahl Recreation Area, for the joint use of the County certified peace officers patrolling City Lands and the City. It is expressly agreed that the City shall have the right to utilize the "Permit Office" at all times as deemed necessary by the City. Section 2.03. The County shall enforce all laws applicable to the City and the City Lands, including without limitation, the Regulations for Governance of Lake Alan Henry. All violations of the laws applicable to the City and the City Lands, including without limitation, the Regulations for Governance of Lake Alan Henry, shall be filed and prosecuted in the Municipal Court of the City of Lubbock, and all revenues therefrom shall belong to the City. Notwithstanding the above, any alleged conduct which constitutes an offense more serious than a Class C misdemeanor under Texas law shall be filed and prosecuted by the County in the appropriate Court of Garza County, Interlocal Agreement Garza County/City of Lubbock Page 2 of 5 Texas. The County shall assist, to the extent requested by the City, in all prosecution actions in the Municipal Court of the City of Lubbock, including without limitation, making appearances in such Court, without the necessity of subpoena. III. AMENDMENTS Section 3.01. This Agreement contains all commitments and agreements of the parties and no other oral or written agreements exist. Any proposed amendment shall not be effective until approved in writing by the governing bodies of all parties to this Agreement. IV. TERM AND EFFECTIVE DATE Section 4.01. This Agreement shall become effective upon the termination or expiration of (i) the Agreement, dated on or about May 29, 1998, by and between the County and the Brazos River Authority (the "BRA") regarding law enforcement activities upon City Lands; and (ii) any other agreement that the County may have with the BRA related to law enforcement activities upon City Lands. This Agreement shall remain in effect for one (1) year from the date of its effective date (the "Primary Term") and shall automatically be renewed for successive twelve (12) month periods (the "Secondary Term") unless either party hereto shall provide written notice of its desire to terminate this Agreement to the non -terminating party on or before ninety (90) days prior to the expiration of the Primary Term or such annual period of the Secondary Term, whichever is applicable. Section 4.02. Notice must be in writing and delivered (i) in person; (ii) by certified mail; or (iii) by telephone facsimile to the parties, as set forth below. Notice shall be deemed to be given on the day it is personally delivered or delivered by telephone facsimile, or if mailed, on the third day. after it is mailed as aforesaid. All notices made hereunder shall be addressed as follows: County: Garza County Judge Judge Giles Dalby, or successor 300 West Main, Post, TX 79356 (806)495-4405 Telephone (806)495-2231 Facsimile City: Director of Water Utilities City of Lubbock P.O. Box 2000, Lubbock, TX 79457 (806)775-2592 Telephone (806)775-3027 Facsimile Interlocal Agreement Garza County/City of Lubbock Page 3 of 5 with copy to: City Attorney P.O. Box 2000, Lubbock, TX 79457 (806) 775-2222 Telephone (806) 775-3307 Facsimile Any party may change its address by giving notice to the other party as set forth in this Section 4.02. V. Miscellaneous Section 5.01. This Agreement is being executed and delivered and is intended to be performed in the State of Texas, and the laws of such state and the applicable federal laws of the United States shall govern the validity, construction, enforcement and interpretation of this Agreement. Any suit, action or other legal proceeding relating to this Agreement shall be brought in Lubbock County, Texas. Section 5.02. THE COUNTY SHALL INDEMNIFY AND HOLD HARMLESS THE CITY FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, DAMAGES OR LIABILITIES, OF ANY KIND OR NATURE, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED TO, IN ANY WAY, MANNER, OR FORM, THE ACTIVITIES CONTEMPLATED HEREUNDER OR OMISSION OF SUCH ACTIVITIES, INCLUDING WITHOUT LIMITATION, SUCH LOSSES, DAMAGES, CLAIMS OR LIABILITIES ARISING FROM OR RELATED TO, IN ANY WAY, MANNER OR FORM, THE NEGLIGENCE OR FAULT OF COUNTY, ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AGENTS AND/OR DESIGNEES. Section 5.03. The parties hereto do hereby expressly agree that the payment prescribed herein is an amount that fairly compensates the County for the services and functions to be performed hereunder, and that such payment shall paid from the current revenues available to the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by and through their governing bodies in the manner required by each parties' charter or otherwise as required by law. Interlocal Agreement Garza County/City of Lubbock Page 4 of 5 SIGNED this 11th day of November effective for all purposes as described as in Section 4.01. I � A450.01. I I F!V , ATTEST: A-;ity 6ecretary AS TO CONTENT: Terry Ellerlfrook Managing Director Water Utilities APPROVED AS TO FORM: Richard K. Casner Natural Resources Attorney A11tJ1: 1999, but X-0 JA02 -d Vndy Gossett, Garza County Clerk T� APPROVED AS TO FORM RKC:cp Cityatt/Richard/INTERLOCAL AGREEMENT-Garza&City-redline October 27, 1999 Interlocal Agreement Garza County/City of Lubbock Page 5 of 5 -v C - 6-1d� Acker, Garza County Attorney