RES 1993-15TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. x`33 -1F,
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS APPROVING AND ADOPTING A
CONTRACT BETWEEN THE TOWN AND THE CITY OF
WESTLAKE, TEXAS FOR THE PROVISION OF EMERGENCY
LAW ENFORCEMENT SERVICES BY THE TOWN TO THE
CITY OF WESTLAKE; PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS:
Section 1. That the Town Council of the Town of Trophy Club,
Texas does hereby approve, adopt and agree to enter into the
Emergency Law Enforcement Services Agreement, a true and correct
copy of which is attached hereto and incorporated herein, by and
between the Town and the City of Westlake, Texas.
Section 2. The Mayor of the Town is hereby authorized,
empowered and directed to execute the said Agreement on behalf of
the Town of Trophy Club.
Section 3. That this Resolution shall take effect from and
after its date of passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas this the 17th day of Auqust , 1993.
ayor, Town o;, -Trophy Club, Texas
ATTEST:
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
Ce��7icTilij�i�i: • • : u
Town A-tt rn y,
Town of Trophy Club, Texas
STATE OF TEXAS §
§ EMERGENCY LAW ENFORCEMENT SERVICES AGREEMENT
COUNTY OF DENTON §
WHEREAS, the Town of Trophy Club, Texas ("Trophy Club") and
the City of Westlake, Texas ("Westlake") are cities duly
incorporated pursuant to the general laws of the State of Texas;
and
WHEREAS, Trophy Club and Westlake are empowered, pursuant to
Chapter 791, Texas Government Code (Vernon) and Section 774.001,
Tex. Health and Safety Code (Vernon), to agree with one another to
perform governmental functions and services, including law
enforcement and municipal court services; and
WHEREAS, Trophy Club and Westlake desire to enter into this
Agreement and agree that this Agreement is in the best interest of
and serves the public health, safety and welfare.
W I T N E S S E T H:
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants herein made, the benefits flowing to each of
the parties hereto, and other good and valuable consideration, the
Town of Trophy Club, Texas and the City of Westlake, Texas do
hereby CONTRACT AND AGREE as follows:
I.
The effective date of this Agreement shall be the 1st day of
September , 1993.
II.
The term of this Agreement shall be from �PphPmhPr 1, 1993
through %uoiist 31 , 1996
-1-
When used in this Agreement, the following words and phrases
shall have the respective meanings ascribed to them:
"Emergency" means circumstances that call for immediate law
enforcement action in response to 911 calls.
IV.
Trophy Club shall provide emergency law enforcement service to
that area which is within the corporate limits of City of Westlake
(as shown on the map attached hereto and incorporated herein) (the
"Service Area"); provided, however, that Trophy Club shall not be
required to provide such emergency law enforcement services unless
Trophy Club is able, in Trophy Club's sole opinion, to provide
reasonable protection to persons within Trophy Club while providing
emergency law enforcement services to the Service Area.
Notwithstanding any other provision of this Agreement, an
emergency within Trophy Club shall have priority over an emergency
within the Service Area.
This Agreement does not encompass or require Trophy Club to
furnish patrol services or day-to-day, routine police services.
M
Trophy Club shall provide its municipal court and all of its
attendant services and facilities to Westlake for the processing
and filing of complaints and tickets files as a result of the
emergency law enforcement services rendered. The said complaints
or citations filed in the Trophy Club Municipal Court shall be
heard by the Trophy club Municipal Judge, and to that extent the
Trophy Club Municipal Judge is appointed as the Municipal Judge for
the City of Westlake, Texas. All class "C" misdemeanor complaints
-2-
filed pursuant to the emergency law enforcement services rendered
under this Agreement shall be filed in Trophy Club's Municipal
Court. Each complaint shall be processed in the same manner as a
complaint filed for a violation of a law within the corporate
limits of Trophy Club.
VI.
The fact that the Trophy Club and Westlake accept certain
responsibilities relating to the rendition of emergency law
enforcement services under this Agreement as a part of their
responsibility for providing protection for the public health makes
it imperative that the performance of these vital services be
recognized as a governmental function and that the doctrine of
governmental immunity shall be, and it is hereby, invoked to the
extent possible under the law. Neither Trophy Club nor Westlake
waives or shall be deemed hereby to waive any immunity or defense
that would otherwise be available to it against claims arising from
the exercise of governmental powers and functions.
VII.
Where the terms of this Agreement require that notice in
writing be provided, such notice shall be deemed delivered three
(3) days following the deposit of the notice in the United States
mail, postage prepaid, and sent by certified mail, return receipt
requested and properly addressed as follows:
To Trophy Club: To Westlake:
100 Municipal Drive
Trophy Club, Texas 76262
Telephone: (817) 430-1865
Attn: Mayor, Town of
Trophy Club
-3-
1480 Dove Road
Roanoke, Texas 76262
Telephone: (817) 430-1267
Attn: Mayor, City of
Westlake
VIII.
Compensation
A. Westlake shall pay Trophy Club for emergency law
enforcement services rendered under this Agreement pursuant to
monthly invoices submitted within ten (10) days of the last day of
each month, which invoice shall be for the actual direct personnel
and equipment costs incurred by Trophy Club, which includes all
wages, salaries, pensions and other compensation and rights for each
police department employee responding to an emergency call in
Westlake, plus ten percent (10%) for administrative and overhead
costs. See Exhibit "B" attached.
B. All fines, monies, warrant fees, other payments received
by Trophy Club in its Municipal Court for the processing of a
complaint shall be sent to Westlake within ten (10) days after the
last day of each month of this Agreement. Westlake shall pay
Trophy Club for Municipal Court services pursuant to a monthly
invoice submitted within ten (10) days of the last day of each
month under this Agreement, which invoice shall prorate the monthly
costs of the operation of the Trophy Club Municipal Court based on
a ratio of the number of complaints filed pursuant to this
Agreement to the total number of complaints filed in the Municipal
Court of Trophy Club. For example, total complaints filed in one
month (including those filed pursuant to this Agreement) = 500;
total complaints filed under this Agreement = 10; total monthly
cost to operate Trophy Club's Municipal Court = 45,000.00; total
invoice cost to Westlake 10/500 or 2% of $5,000.00 plus 10%;
administrative and overhead cost. In this example, the total
monthly cost for processing ten (10) tickets would be $110.00.
-4-
IX.
A. Trophy Club hereby assigns its law enforcement officers
to investigate criminal activity and enforce the laws of this State
outside its territorial limits and inside the territorial limits of
Westlake in response to 911 calls received by Westlake.
B. Trophy Club officers responding to a 911 call shall be
under the control and direction of the Chief of Police of Trophy
Club.
C. The Chief Law Enforcement Officer of Trophy Club, in such
Officer's sole discretion, may at any time withdraw assigned
personnel or equipment or discontinue participation in any activity
initiated pursuant to this Agreement.
D. While acting pursuant to this Agreement, a law
enforcement officer employed by Trophy Club may make arrests
outside the territorial limits of Trophy Club and within the
territorial limits of Westlake.
X.
Third party claims against the parties hereto shall be
governed the by Texas Tort Claims Act or other appropriate
statutes, ordinance or laws of the State of Texas.
XI.
It is the intention of the parties hereto and Trophy Club and
Westlake do hereby expressly agree that any and all civil liability
related to the furnishing of the services contemplated by this
Agreement to Westlake by Trophy Club shall be the responsibility of
Westlake as the governmental unit which would be responsible for
furnishing such services absent this Agreement. Accordingly,
Westlake agrees, to the maximum extent permitted by law, to
UM
indemnify Trophy Club, its agents, officers and employees against,
and to hold Trophy Club, its agents, officers and employees
harmless from, any and all claims, actions, causes of action,
lawsuits, judgments, damages, injuries, costs or expenses,
including reasonable attorney's fees, for injury to person or
property or death of any person resulting from or based upon, in
whole or in part, any act or omission of Trophy Club, its agents,
officers and employees performed pursuant to this Agreement, but
excluding gross negligence or any willful or wanton act. The
obligation stated in this Paragraph V. shall be payable out of the
current revenues of the City of Westlake.
XII.
This Agreement may be terminated at any time by either party
hereto giving at least thirty (30) days written notice to the other
party of such termination. In the event of such termination,
Trophy Club shall be compensated by Westlake for all services
performed to the date of termination.
XIII.
This Agreement represents the entire and integrated agreement
between Trophy Club and Westlake and supersedes all prior
negotiations, representations and/or agreements, either written or
oral. This Agreement may be amended only by written instrument
signed by both Trophy Club and Westlake.
XIV.
The validity of this Agreement and of any of its terms or
provisions, as well as the rights and duties of the parties hereto,
shall be governed by the laws of the State of Texas. This
Agreement shall be performable and all compensation payable in
-6-
Denton County, Texas. Venue under this Agreement lies in Denton
County, Texas.
XV.
If any clause, paragraph, section or portion of this Agreement
shall be found to be illegal, unlawful, unconstitutional or void
for any reason, the balance of the Agreement shall remain in full
force and effect and the parties shall be deemed to have contracted
as if said clause, section, paragraph or portion had not been in
the Agreement initially.
am
The undersigned officers and/or agents of the parties hereto
are the properly authorized officials and have the necessary
authority to execute this Agreement on behalf of the parties
hereto, and each party hereby certifies to the other that any
necessary resolutions extending said authority have been duly
passed and are now in full force and effect.
Executed in duplicate original at Denton County, Texas on the
day and year first written above.
TOWN OF TROPHY CLUB, TEXAS
By
M or James P. Carter
ATTEST:
By:
Karen Sadril
Town Secretary
CITY OF Westlake, TEXAS
By:
Ml�or Dale White
ATTEST:
By:
City Secretary
V,
RESOLUTION NO. --L7
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE
TOWN OF WESTLAKE, TEXAS, APPROVING AND
ADOPTING A CONTRACT BETWEEN THE TOWN AND THE
TOWN OF TROPHY CLUB, TEXAS FOR THE PROVISION
OF EMERGENCY LAW ENFORCEMENT SERVICES TO THE
TOWN BY THE TOWN OF TROPHY CLUB; PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
WESTLAKE, TEXAS:
Section 1. That the Board of Aldermen of the Town of
Westlake, Texas, does hereby approve, adopt and agree to enter into
the Emergency Law Enforcement Services Agreement, a true and
correct copy of which is attached hereto and incorporated herein,
by and between the Town and the Town of'Trophy Club, Texas.
Section 2. The Mayor of the Town is hereby authorized,
empowered and directed to execute the said Agreement on behalf of
the Town of Westlake.
Section 3. That this Resolution shall take effect from and
after its date of passage.
PASSED AND APPROVED by the Board of Aldermen of the Town of
Westlake, Texas, this the day of October, 1993.
Ma or, Town of Westlake, Texas
ATTEST:
Tow47seceetary,
Town of Westlake, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney,
Town of Westlake, Texas