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Home My WebLink AboutContract 58113 CSC No. 58113 INTERLOCAL COOPERATION AGREEMENT ESTABLISHING CONCURRENT ENFORCEMENT JURISDICTION BETWEEN THE CITY OF WHITE SETTLEMENT AND THE CITY OF FORT WORTH THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT§ THIS AGREEMENT("Agreement")is made and entered into by the City of White Settlement,Texas ("White Settlement"),a home rule municipality of the State of Texas, and the City of Fort Worth,Texas, ("Fort Worth"),a home rule municipality of the State of Texas (collectively,the"Parties"),each acting by and through its duly appointed and authorized representatives. RECITALS WHEREAS,Section 791 of the Texas Government Code provides that governmental entities of the State may contract with each other to provide governmental functions and services to protect public health;and WHEREAS,Fort Worth owns and has territorial jurisdiction overterritory that is contiguous to the jurisdictional limits of White Settlement;and WHEREAS,the territory that constitutes the subject of this Agreement (the "Territory") consists of roadways and areas within the territorial jurisdiction of Fort Worth.The Territory is more fully described in Exhibit"A,"which is attached hereto and made a part hereof for all purposes. WHEREAS, police officers' authority to make warrantless arrests is limited to their geographical jurisdiction under common law and Code of Criminal Procedure Chapter 14. WHEREAS, Code of Criminal Procedure Article 14.03(g) was amended in 2005 to expand a municipal officer's authority to make stops and arrest for traffic violations beyond the city limits of the boundaries of any county in which the municipality is located. NOW,THEREFORE, in consideration of the mutual promises and consideration provided for herein,the receipt and sufficiency of which are hereby confirmed,Fort Worth and White Settlement hereby agree to the following: 1. TERRITORY The Territory that constitutes the subject of this Agreement is described in Exhibit"A,"which is attached hereto and made a part hereof for all purposes. 2. SERVICES Of and from the Effective Date of this Agreement,the White Settlement Police Department shall have and assume concurrent jurisdiction for the purposes of enforcing state laws under White Settlement—Fort Worth Interlocal Agreement Page 11 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX the Transportation Code, Code of Criminal Procedure, Penal Code, and Health and Safety Code. White Settlement Police Officers will file fine-only misdemeanor cases within the original jurisdiction of Fort Worth,Texas with the Tarrant County Justice of the Peace Precinct 4.No arrests through immediate disposition of Subtitle C,Title 7,Transportation Code will be authorized by White Settlement Police Officers in the original jurisdiction of Fort Worth, Texas.White Settlement Police Officers will file misdemeanor and felony non-fine cases with the Tarrant County Criminal District Attorney's Office. White Settlement Police Officers will respond and assist the Fort Worth Police Department on calls for service within this Territory, as staffing allows. 3. TERMINATION Either Party may terminate this Agreement upon thirty days' written notice to the other; provided,however,that termination shall not apply to any case pending on the effective date of termination. 4. INDEPENDENT CONTRACTOR The Parties agree that this Agreement is not a joint enterprise and neither is an contractor, independent or otherwise,partner,or agent of the other. S. PAYING FOR PERFORMANCE Either Party paying for the performance of governmental functions or services under this Agreement will make those payments from current revenues available to the paying Party. This Agreement does not require an expenditure of City of Fort Worth funds; however the Parties agree that the Party paying for the performance of governmental functions or services under this Agreement has been fairly compensated. 6. RIGHT TO AUDIT White Settlement agrees that Fort Worth shall, until the expiration of three years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the White Settlement involving transactions relating to this Agreement at no additional cost to Fort Worth.White Settlement agrees that Fort Worth shall have access during normal working hours to all necessary White Settlement facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. Fort Worth shall give White Settlement reasonable advance notice of intended audits. Fort Worth and White Settlement acknowledge and agree that such access under this section is subject to the limitations and requirements under the Texas Public Information Act. 7. NOTICES Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other Party, c/o the White Settlement—Fort Worth Interlocal Agreement Page 12 designated person listed below; or (2) received by the other Party by United States Mail, registered, return receipt requested, addressed as follows: City of Fort Worth City of White Settlement ATTN:Valerie R.Washington ATTN:Jeffrey J.James Assistant City Manager City Manager 200 Texas Street 214 Meadow Park Drive Fort Worth,Texas 76102-6311 White Settlement,Texas 76108 With Copy to the City Attorney With Copy to City Attorney At same address At same address 8. GOVERNMENTAL POWERS/IMMUNITIES It is understood and agreed that by execution of this Agreement, neither the City of Fort Worth nor the City of White Settlement waives or surrenders any of their governmental powers or immunities. 9. NO WAIVER The failure of Fort Worth or White Settlement to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of Fort Worth's or White Settlement's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 10. GOVERNING LAW/VENUE This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,whether real or asserted,at law or in equity,is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County,Texas or the United States White Settlement Court for the Northern White Settlement of Texas, Fort Worth Division. 11. SEVERABILITY If any provision of this Agreement is held to be invalid, illegal or unenforceable,the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired 12. FORCE MAIEURE Fort Worth and White Settlement shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement,but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. White Settlement—Fort Worth Interlocal Agreement Page 13 13. HEADINGS NOT CONTROLLING Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 14. APPROVAL OF AGREEMENT The governing bodies of Fort Worth and White Settlement have approved the execution of this Agreement, and the persons signing the Agreement have been duly authorized by the governing bodies of Fort Worth and White Settlement to sign this Agreement on behalf of the governing bodies. 15. REVIEW OF COUNSEL The Parties acknowledge that each Party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement. 16. AMENDMENTS No amendment of this Agreement shall be binding upon a Party hereto unless such amendment is set forth in a written instrument, which is executed by an authorized representative of each Party. 17. ENTIRETY OF AGREEMENT This Agreement, including Exhibit A, contains the entire understanding and agreement between Fort Wo11h and White Settlement,their assigns and successors in interest,as to the matters contained herein.Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent it conflicts with any provision of this Agreement. 18. COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall,for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. White Settlement—Fort Worth Interlocal Agreement Page 14 EXHIBIT A 1) Between the 2700 block of South Loop 820 / Jinn Wright Freeway and the 1400 block of North Loop 820/Jim Wright freeway. a. Described as four land highway running north and south bound; including north and south bound access roads. b. Consisting of a length of approximately 6.89 miles. "r^d =797 ��yi• ��b� �'`7�:� a � _q ..° � .tip ti � r WN VF MOMi�i:�.L�F—_x►s._ _ ■Ri 'a - •� �IF'^M s�ill Rw White Settlement—Fort Worth Interlocal Agreement Page 7 2) Between the 7300 block of West Freeway / Interstate 30 to the 9300 block of West Freeway / Interstate 30. a. Described as a three lane highway that runs east and west;to include the two lane access roads. b. Consisting length of approximately 4.8 miles. '^�; �L"!. '•fix ��_r. 1- I ��./ l`�if Ar��y�J �c;� r► T •At Vr r dp- OMMOAQ Al White Settlement— Fort Worth Interlocal Agreement Page 8 3) Between the 300 block of Alta Mere Drive / State Highway 183 to the 2100 block of Alta Mere Drive/State Highway 183. a. Described as a four lane divided asphalt roadway that runs north and south bound. b. Consisting of a length of about two miles. ■ +� :_�1i far Air • 6 J �r• ' 4% sIRi - Ir i M.� I�d�•� 1 7 �FF1 t 'AMWAN JP �,•s � [ � � _Irfi ten:' °�I� o" � ti NOT '•1 l no ► .'3 i J lYt.: �+r..-,r�,�!'��r White Settlement—Fort Worth Interlocal Agreement Page 9 4) Between the 500 block of Bomber Road and the 1100 block of Bomber Road. a. Described as a four land asphalt roadway. b. Consisting of a length of about one mile. 101h MCA c ; � Y r}t �r7G j _yam r Ing White Settlement—Fort Worth Interlocal Agreement Page 1 10 5) Between 8000 block of Shore View Drive to the 8800 block of Shore View Drive. a. Described as a two lane asphalt roadway that runs east and west. b. Consisting of a length of approximately.5 miles. Op 01 14 Y IJ 4i A 1 r it 1 t !tti �J�, li�f� ��A .�l T...a E'��F�[ r�firf.�Y� \} 1 �i�l •� ..,,s White Settlement—Fort Worth Interlocal Agreement Page 11 EXECUTED in multiple originals on the dates shown below. CITY OF WHITE SETTLEMENT: �C%fin A, Ronald A. White Mayor City of White Settlement Date:' ATTESTED BY: APPROVED AS TO FOR �7. Amy Arnol Dre rkin City Secreta Cit Attorney City of White Settlement City of White Settlement effrey J.James Christopher G.Cook City Manager Chief of Police City of White Settlement City of White Settlement Date:(�- Date: '�'-ZZ—Zo ZZ_ OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX White Settlement—Fort Worth Interlocal Agreement Page 5 CITY OF FORT WORTH: Neil 23 CDT) Neil Noakes Chief of Police Fort Worth Police Department Date:Sep 20, 2022 Fernando Costa Assistant City Manager City of Fort Worth Date: Sep 20, 2022 APPROVED AS TO FORM AND LEGALITY: Date: Sep 8, 2022 Taylor Paris Assistant City Attorney City of Fort Worth ATTESTED BY: A�a°° °°1000000 p � 0 Sep 21, 2022 J*ette S.Goodall(Sep 21,2022 09' CDT) P/ o °_ Date: ° ° Jannette Goodall �� City Secretary ��d'� °°°°°OO°°°° p City of Fort Worth rixP" CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. Kane(Sip L Sasha Kane Contract Compliance Specialist City of Fort Worth OFFICIAL RECORD White Settlement-Fort Worth Interlocal Agreement Page 16 CITY SECRETARY FT. WORTH, TX