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
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FORM:
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Laura Wheat, Mayor
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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
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By: Armin Mizani
Mayor
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By: Mark Ha ner
City Manager
ATTEST:
By: kelly 1301 rd
City Secretary
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TOWN OF WESTLAKE, TEXAS
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By: Laura Wheat
Mayor
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By: Amanda DeGan
Town Manager
ATTEST:
B . Todd Wood
Town Secretary
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