Loading...
HomeMy WebLinkAboutOrdinance 6597 ORDINANCE NO. =M- AN ORDINANCE AUTHORIZING THE CHIEF OF POLICE OF THE CITY OF FORT WORTH TO PROVIDE LAW ENFORCE•-- MENT SERVICES TO OTHER MUNICIPALITIES UNDER CERTAIN CONDITIONS; DEFINING TERMS, CONDITIONS AND POWERS OF OFFICERS; PROVIDING FOR PAYMENT FOR SUCH SERVICES AND EXPENSES INCIDENT THERE- TO AND REIMBURSEMENT THEREFOR; PROVIDING A SEVERABILITY CLAUSE; AND NAMING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Texas has enacted Senate Bill 233, providing that any county or municipality may make provision for, or authorize its Mayor or Chief Administrative Officer, Chief of Police or Marshal to make provision for, its regularly employed law enforcement officers to assist any other county or munici- pality when, in the opinion of the Mayor or other officer authorized to declare a state of emergency in such other county or municipality, there exists a need for services of additional law enforcement officers to protect the health, life and property of such other county or municipality by reason of riot, unlawful assembly characterized by the use of force and violence or threat thereof by three or more persons acting together or without lawful authority, or during a time of natural disaster or man-made calamity; and, WHEREAS, the City Council of the City of Fort Worth, acting as a legislative body, is of the opinion that an ordinance should be adopted by such governing body to make provision for or authorize the Chief of Police of the City of Fort Worth under the provisions of Senate Bill 233 to detail regularly employed officers of the Police Department of the City of Fort Worth to assist any other county or municipality when, in the opinion of the Mayor or other officer authorized to declare a state of emergency in such other county or municipality, there exists in such other county or municipality the need for the services of addi- tional law enforcement officers to protect the health, life and property of such other county or municipality, its inhabitants and visitors thereto, by reason of riot, unlawful assembly characterized by the use of force or violence or threat thereof, and a request for additional law enforcement officers is made to the Chief of Police of the City of Fort Worth by such Mayor or officer authorized to declare a state of emergency in such other county or municipality; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Except where the context clearly indicates to the con- trary, the words "municipality" and "law enforcement officer" are defined as follows: "Municipality" means any city or town, including home- rule city or city operating under the general law or special charter. "Law enforcement officer" means any policeman, sheriff or deputy sheriff, constable or deputy constable, marshal or deputy marshal. SECTION 2. That the Chief of Police or his duly authorized deputy chief is hereby authorized to detail regularly employed law enforcement officers of the Fort Worth Police Department to assist any other county or municipality when, in the opinion of the Mayor or other officer authorized to declare a state of civil emergency in such other county or munici- pality, there exists in such other county or municipality a need for the services of additional law enforcement offi- cers to protect the health, life and property of such other county or municipality, its inhabitants and visitors there- to, by reason of riot, unlawful assembly characterized by the use of force and violence or threat thereof by three or more persons acting together or without lawful authority, or during a time of natural disaster or man-made calamity, and a request for additional law enforcement officers is made to the Chief of Police of the City of Fort Worth by such Mayor or officer authorized to declare a state of emergency in such other county or municipality. SECTION 3. While any law enforcement officer regularly employed as such in the City of Fort Worth is in the service of another county or municipality pursuant to this ordinance, he shall be a peace officer of such other county or munici- pality and be under the command of the law enforcement of- ficer therein who is in charge in that county or municipality, with all of the powers of a regular law enforcement officer in such other county or municipality, as fully as though he were within the City of Fort Worth where regularly employed, and his qualifications for office in the City of Fort Worth shall constitute his qualifications for office in such other county or municipality and no other oath, bond or compensa- tion need be made. SECTION 4. Any law enforcement officer who is ordered by the Chief of Police to perform police and peace duties outside the territorial limits of the City of Fort Worth shall be entitled to receive the same wage, salary, pension, all other compensation and all other rights for such service, including injury or death benefits, the same as though the services had been rendered within the limits of the City of Fort Worth where he is regularly employed, and he shall also be paid for any reasonable expenses of travel, food or lodging which he may incur while on duty outside such limits. SECTION 5. All wages and pension payments, payments for damage to equipment and clothing, medical expense and expenses of travel, food and lodging shall be paid by the City of Fort Worth and shall be reimbursed by the county or municipality whose authorized official requested the services. SECT ION 6. It is hereby declared to be the intention of the City Council of the City of Fort Worth that the sections, para- graphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, para- graph or section of this ordinance shall be declared uncon- stitutional by a valid judgment or decree of any court of competent jurisdiction, said unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrases, clauses, sentences, paragraphs or sections. SECTION 7. That this ordinance shall be in full force and effect from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney un City of Fort Worth, Texas uns" Mayor or and Council Communicatio I)OBBS DATE REFERENCE SUBJECT: Ordinance Authorizing Police PAGE GRAHAM Assistance to Counties and 1 12/13/71 Wax G-1883 Other Municipalities for During the 1969 session of the State Legislature, Senate Bill 233 was enacted providing that any county or municipality by order of its governing body may authorize its mayor or chief administrative officer to make provision for its regularly employed law enforcement officers to assist any other county or muni- cipality when, in the opinion of the mayor or other official authorized to declare a state of emergency in such other county or municipality there exists a need for services of additional law enforcement officers to protect health, life or property. Specific reasons for such an emergency were set out in the State law. On June 30, 1969, the City Council of the City of Fort Worth adopted a resolution in accordance with Senate Bill 233. During the 1971 session of the State Legislature, Senate Bill 233 was amended primarily to provide for reimbursement to the city responding at the request of an authorized official for the salaries and all related expenses incurred. The City Attorney advises that an ordinance should be adopted by the City of Fort Worth authorizing the Chief of Police or his duly authorized deputy chief to respond at the request of the mayor or other official authorized to declare a state of civil emergency arising out of a natural disaster or otherwise in another county or municipality and to provide for the reimbursement of all re- lated expenses in responding to this request. Recommendation It is recommended that the City Council adopt an ordinance in accordance with Senate Bill 233 providing for response to the emergencies in other counties or municipalities and reimbursement for the same. RNL:mj SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY PrAPPROV ❑ OTHER (DESCRIBE) P_�t V CITY SECRETARY DATE CITY MANAGER