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HomeMy WebLinkAboutRes 21-38 Authorizing an Amendment to an Interlocal Agreement with the City of Keller, Texas, for Police ServicesTOWN OF WESTLAKE RESOLUTION NO.21-38 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING AN AMENDMENT TO AN INTERLOCAL AGREEMENT WITH THE CITY OF KELLER, TEXAS, FOR POLICE SERVICES. WHEREAS, the Town of Westlake Town Council desires to provide its residents and businesses with full-time police protection and services; and, WHEREAS, the parties hereto desire to amend said Agreement to continue; to provide police protection and law enforcement services at the highest level possible for both communities; and, WHEREAS, an Interlocal Agreement for police services being provided by the City of Keller, Texas for the Town of Westlake, Texas, was approved by Resolution 02-20; and, WHEREAS, this Amendment shall be in conformance with Chapter 791 of the Texas Government Code, more commonly known as the "Interlocal Cooperation Act,"; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the people of Westlake. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION l : That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does herby approve the amendment to the Interlocal Agreement with the City of Keller for Police Services, attached as E.chibit "A. " SECTION 3: If any portion of the Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remining provisions hereof and the Council hereby determines that it would have adopted this Resolution withoutthe invalid provisions. SECTION 4: It is hereby declared to be the intention ofthe Town Council that the phrases, clauses, sentences, paragraphs and sections of this Resolution are severable, and if any phrase, clause, sentence, paragraph or section of this Resolution shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections ofthis Resolution, since the same would have been enacted by the Town Council without the incorporation in this Resolution of any such unconstitutional phrase, clause, sentence, paragraph or section. Resolution 2 l -38 Page 1 o fP3� SECTION 5: This Resolution shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED ON THIS 25th DAY OF OCTOBER 2021. ATTEST: Todd'Wood, Town Secretary APPROV L. SVant'on FORM: n Attorney kttxl klt�+t-f/- Laura Wheat, Mayor ZAA� "-405n�w— Amanda DeGan, Town Manager Resolution 21-38 Page 2 of9!r�-- Q 1319 AMENDMENT NO. 1 OF INTERLOCAL AGREEMENT FOR POLICE SERVICES [To Expand the Role of the Westlake Town Marshal and Make Other Changes] This Amendment of Interlocal Agreement ("AMENDMENT") is made and entered into by the CITY OF KELLER, TEXAS a Home Rule municipal corporation, ("KELLER"), and the TOWN OF WESTLAKE, TEXAS a Type A General Law municipal corporation, ("WESTLAKE") each acting by and through its duly appointed and authorized city managers adds the following to the INTERLOCAL AGREEMENT FOR POLICE SERVICES ("AGREEMENT") that was entered into on October 1, 2018. Pursuant to, and in accordance with, AGREEMENT Section 15 (Page 6) KELLER and WESTLAKE agree to the modification of the AGREEMENT upon execution of this AMENDMENT. Section 4. WESTLAKE Obligations. WESTLAKE agrees to perform the following: g. WESTLAKE desires to expand the responsibilities of the Westlake Town Marshal to include providing school resource officer (SRO) duties. These expanded duties include the patrol, on foot and in the WESTLAKE Town Marshal vehicle, of the WESTLAKE Academy Charter School building, grounds, and parking lot. The WESTLAKE Town Marshal, by virtue of the Texas Local Government Code, has peace officer powers to detain, arrest, and take into custody persons violating the law. h. WESTLAKE grants full and complete authorization and jurisdiction to KELLER as the primary law enforcement agency. i. WESTLAKE shall immediately notify KELLER of all reports of criminal allegations and offenses that occur in WESTLAKE. This includes the WESTLAKE Town Marshal's discharge of a firearm and any acts resulting in serious bodily injury or death to another. j. The WESTLAKE Town Marshal shall notify KELLER, as soon as it is safe and practical, of a custodial arrest in WESTLAKE. k. The WESTLAKE Town Marshal is and shall remain an employee of WESTLAKE throughout the duration of this agreement. WESTLAKE is responsible for the hiring, training, supervision, internal performance investigations, discipline, and all necessary reporting requirements for licensing and performance of duties as a Texas Peace Officer to the State of Texas as required by law. WESTLAKE shall not expect the Keller Police Department to backfill the WESTLAKE Town Marshal / School Resource Officer when vacancies occur. To avoid a conflict of interest, as KELLER is an independent contractor under this agreement and lacks employee accountability for the WESTLAKE Town Marshal, WESTLAKE agrees the KELLER Police Department will not investigate any allegations involving the WESTLAKE Town Marshal's internal reporting of use of force / response to resistance, pursuits, misconduct, racial profiling complaints, or other administrative investigations where KELLER personnel were not participants. m. The WESTLAKE Town Marshal shall fully cooperate with any KELLER police department investigation, as requested. EXECUTED the 201 day of Alave^kfl- , 2021. CITY OF KELLER, TEXAS 4000_�Zlloe�� By: Armin Mizani Mayor W4) /I — By: Mark Ha ner City Manager ATTEST: By: kelly 1301 rd City Secretary 0 TOWN OF WESTLAKE, TEXAS I' ld� By: Laura Wheat Mayor AM4��& xa 4(41t3�. By: Amanda DeGan Town Manager ATTEST: B . Todd Wood Town Secretary � �'.01; W ES Tom,