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HomeMy WebLinkAbout1997-06-01 • ORDINANCE BEFORE THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS ORDINANCE NO. 9"k 6-- 1 AN ORDINANCE ADOPTING THE JUNE 9, 1997 AMENDMENTS TO THE INTERLOCAL COOPERATIVE AGREEMENT ON LAW ENFORCEMENT, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, the City of Batesville and Independence County have entered into an Interlocal Cooperative Agreement which sets out the rights and obligations of each of them regarding law enforcement within the county, and WHEREAS, the City of Batesville and Independence County are granted the authority to enter into such Agreement under Act 430 of 1967 and Act 742 of 1977, and WHEREAS, representatives of the City and County have met and proposed changes to the Interlocal Cooperative Agreement and the City Council of the City of Batesville, Arkansas desires to incorporate those amendments into the Agreement, now; BE IT THEREFORE ORDAINED by the Batesville City Council that the Interlocal Cooperative Agreement on Law Enforcement as amended June 9, 1997, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A" as if set out fully word for word, is hereby adopted as amended and shall govern the administration of law enforcement within Independence County, Arkansas. This ordinance repeals any ordinances or parts of ordinances in conflict herewith. EMERGENCY CLAUSE: Because the orderly administration of law enforcement in the City of Batesville and Independence County is vital for the protection of life, liberty and property and it being necessary to protect and preserve the health, safety and welfare of the people of the City of Batesville, an emergency is declared to exist and this Ordinance shall be in full force and effect from and after its passage. ONO LE JOE BLARD, MAYOR ATTEST. DENISE JOHNSTON BATESVILLE CLERK/TREASURER • ORDINANCE NO. 97-16 EMERGENCY ORDINANCE RE IT ENACTED BY THE QUORUM COURT OF THE COUNTY OF INDEPENDENCE, STATE OF ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE ADOPTING THE JUNE, 1997 AMENDMENTS TO THE INTERLOCAL COOPERATIVE AGREEMENT ON LAW ENFORCEMENT, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, The City of Batesville and Independence County have entered into an Interlocal Cooperative Agreement which sets out the rights and obligations of each of them regarding law enforcement administration within the county, and WHEREAS, representatives of the City and County have met • and proposed changes to the Interlocal Cooperative Agreement and the Quorum Court of Independence County, Arkansas desires to incorporate those amendments into the agreement now; BE IT THEREFORE ORDAINED by the Quorum Court of Independence County that the Interlocal Cooperative Agreement on Law Enforcement as amended June of 1997 , a copy of which is attached hereto and incorporated herein by reference as Exhibit "A" as if set out fully word for word, is hereby adopted as amended and shall govern the administration of law enforcement within Independence County, Arkansas; and that the County Judge is authorized to execute said Agreement. This ordinance repeals any ordinances or parts of ordinances in conflict herewith. EMERGENCY CLAUSE: Because the orderly administration of • law enforcement in Independence County is vital for the protection of life, liberty and property and it being necessary to protect and preserve the health, safety and welfare of the people of Independence County, an emergency is declared to exist and this ordinance shall be in full force and effect from and after its passage. HONORABLE I.D YATT, INDEPENDENCE COUNTY JUDGE ATTESTS: MARG -BOOTHBY • INDEP ENCE _COUNTY CLE INTERLOCAL AGREEMENT As Amended JUNE 9, 1997. THIS AGREEMENT, is madeP ursuant to Act 430 of 1967 and Act 742, Chapter 5,III Section 90 of the 1977 Acts of Arkansas, by and between the County of Independence, Arkansas, (hereinafter referred to as the County), and the City of Batesville, Arkansas, (hereinafter referred to as the City). WITNESSETH: (1) WHEREAS, the County and the City recognize their respective obligations to provide for the protection of the persons and property of their citizens; and (11) WHEREAS, the County and the City have limited financial resources with which to provide for such protection; and (111) WHEREAS, the County and the City desire to maximize revenues and the benefits the citizens derive therefrom, and to comply with the mandate of Amendment 10 of the constitution for the State of Arkansas; and (IV) WHEREAS, there is a need to provide increased law enforcement services for the County and the City, such as a criminal investigation division for processing of felony violations; and (V) WHEREAS, the County and the City are desirous of an Interlocal Agreement. whereby the City would provide revenues to the County, which would, in turn, use such revenues for the maintenance of a Metropolitan Branch of the Sheriffs Office of said County, and for elimination of the duplication of finances and personnel between the County and the City; and (VI) WHEREAS, by entering into such Interlocal Agreement, the City and the County) would thereby be able to provide increased and better coordinated law enforcement for their citizens, and effectuate a savings of revenue, thereby allowing the County and the City to comply with Amendment 10 of the Constitution of the State of Arkansas; and (VII) WHEREAS, acting completely in good faith, for the purpose of effectuating a savings of County and City revenues, providing greater law enforcement protection for the citizens of the County and the City, and increasing the safety and welfare for all citizens affect hereby; i NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the above premises, and for the mutual obligations hereby created and the mutual benefits so derived, the parties agree as follows: (A) It is the intent of the parties to create a long standing and permanent relationship with regard to the matter discussed herein. The City and the County shall coordinate their efforts to provide for greater law enforcement protection, at a reduced revenue for their citizens through the Interlocal Agreement. Either party may, by majority vote of its respective governing body, elect to modify, or terminate this agreement. In order for this agreement to be modified, the governing bodies of both the City and the County must so indicate by a majority vote of their respective governing bodies. If the parties shall desire to terminate this agreement, the party or parties so desiring to withdraw shall give the other party six (6), months written notification of their intent to withdraw. If either party wishes to terminate this'--' agreement, the agreement will terminate at the end of the six (6) months notice period. For a period within which this agreement shall exist, the governing bodies may amend said agreement as provided hereinafter in Paragraph N. (B) In the event of the termination of this agreement, the parties shall each receive their properties so combined hereby, whether leased, rented, purchased or borrowed. Each party shall keep a list of assets, properly and visibly identified with tags or markings with regard to ownership. (C) The composition of the Metro Branch as to the number of personnel and their positions will be approved on an annual basis by the Batesville City Council upon the advice and recommendation of the County Sheriff. The Sheriff shall make such recommendations to the City Council on or before the first scheduled City Council meeting in October. (D) The City shall provide sufficient revenues to the County, on a monthly basis, whereby the salaries, health insurance, pension funds, workers compensation, and other reasonably necessary personnel cost are funded for the personnel which shall compose the Metropolitan Branch of the Sheriff's Office. Said persons for the Metropolitan Branch shall be determined as set out above in Section C. Salaries paid will be in accordance with the overall pay scale of the Sheriffs Department in such a way that there would be no salary advantage or disadvantage for personnel of the Metropolitan Branch. Experienced Metropolitan personnel will not be transferred to the County without being replaced with persons of like experience. If a deputy resigns, is terminated or for any other reason leaves the Sheriff's Department, any training that is required to replace that deputy will be paid by the City if the slot to be filled is in the Metropolitan Branch, and will be paid by the County if it is a County Deputy slot to be filled. (E) The City shall provide vehicles for the use of the Metropolitan Branch. The purchase of new vehicles will be considered on an annual basis by the City Council upon the advice and recommendation of the Sheriff. The Sheriff shall make such recommendations to the City Council on or before the first scheduled City Council meeting in October. The use of said vehicles should be primarily for the Metropolitan Branch. The City shall maintain all insurance costs as presently required by the City. In the event of damage to any vehicle, which is in excess of any insurance coverage, or in the event that replacement of any vehicle shall become necessary, the City shall provide all revenues necessary for the repair and maintenance or replacement so required. The Metropolitan vehicles will be identified with a highly visible distinctive striping and will be used in and near the City of Batesville unless an emergency or unusual circumstances will require their use away from the City. Any significant use of the Metropolitan vehicles away from the City shall be reported to the Interlocal Board by the Sheriff. The Metropolitan vehicles shall not be used for any private purpose. 46, (F) The City shall give the Sheriff's Department the right to obtain gasoline at the City yard. The County shall be responsible for all fuel charges associated with the County vehicles. The City shall be responsible for a monthly sum of up to $3,000.00 in fuel allowances for all Metropolitan vehicles. Should all of the Metropolitan vehicles have fuel charges in excess of said $3,000.00, the County shall bear the costs of such excess. (G) The City shall operate a radio dispatching service, which shall provide radio communication for law enforcement and fire vehicles, both City and County wide. The County shall pay all bills associated with the 911 system with the revenues derived from that system. Any and all revenues derived from the operation of the 911 System in excess of the costs of operation, hereinafter referred to as "911 surplus", (except for those placed in a Capital Improvement fund described below) shall be paid to the City as reimbursement for the County's share of the cost of dispatching services. Notwithstanding the amount of any such 911 surplus, in no event will the County's contribution to the City be less than Seventy Thousand Dollars ($70,000.00) annually. In the event the 911 surplus is over $70,000.00 , the County shall place up to $2,000.00 annually in a Capital Improvement fund for the purpose of replacing or upgrading 911 equipment, provided, however, if the amount of the 911 surplus is less tha $72,000.00, the County shall only place that amount over $70,000.00 in said Capital Improvement fund. If the amount of the 911 surplus is more than $72,000.00, the! County shall pay to the City not only the aforementioned $70,000.00 but, also, an amounts of the 911 surplus over $72,000.00 up to one-half (1/2) of the cost dispatching. The City Clerk shall submit a bill to the County by March 10 of each year requesting) the 911 surplus from the previous year over $72,000.00 plus 1/4 of $70,000.001 ($17,500.00) . The County shall pay the requested amount on or before March 31. Thereafter, the City Clerk shall send the County a bill on June 10, September 10, and December 10, requesting 1/4 of $70,000.00 ($17,500.00) per bill. The County shall in tum pay the City on or before June 30, September 30, and December 31 respectively for the requested amounts. Notwithstanding anything herein to the contrary, all interest earned from 911 revenues shall be retained by the County. The composition of the Dispatching Department as to the number of personnel and their positions will be approved annually by the Batesville City Council upon advice and recommendation of the Mayor. Any additional personnel needed within the Dispatching Department shall be approved by the City Council. (H) The personnel which constitute the Metropolitan Branch shall be under the direction, supervision, authority and control of the Sheriff of Independence County, Arkansas. The City shall, upon acceptance of this agreement, provide the funds and ordinances necessary to accomplish this agreement. In a like manner, the County, upon acceptance of this agreement, shall take all steps necessary for providing the funds and ordinances necessary for the enactment and enforcement of this agreement. Each party agrees to act in the utmost good faith and to take all steps necessary for the enforcement o the provisions and agreements contained herein. (1) The revenues as presently derived from Municipal Court fines shall continue to be divided between the City and the County according to the location of the offense, and the City Attorney and the County Prosecutor shall continue to cause the offenses to be prosecuted in the same manner as was the case before this agreement. For example, should a misdemeanor citation be issued inside the corporate limits of the City, the City would retain all fines collected as a result thereof. The County in a like manner would retain all municipal court fines which resulted from arrests or citations within the County, but outside of the City limits. (J) The Sheriff is authorized to use any employees as the Sheriff deems necessary which are a part of the Metropolitan Branch for the purpose of investigating alleged felony offenses of the Arkansas Criminal Code which may occur in either the County or the City. The Sheriff is authorized to use the other Metropolitan officers in any manner he deems appropriate for providing law enforcement protection for the citizens of the County and the City, recognizing, however, that the primary use of said Metropolitan Branch shall be for the protection of the residents of the City. (K) There shall be a Board created by the City and the County for the purpose of effectuating this Agreement and coordinating the efforts necessary for carrying out this Agreement. This Board shall consist of the Sheriff of the County, the Mayor of the City, the County Judge, two (2) members of the City Council of the City of Batesville appointed by the Mayor and approved by the City Council and two (2) members of the Quorum Court of Independence County, appointed by the County Judge and approved by the Quorum Court. The sole purpose of this Board shall be to cant' out the purposes of the Agreement and to coordinate the effort of the parties that may arise from time to time. (L) The Interlocal Board shall meet twice a year on the third Tuesday of March and on the third Tuesday of September, the September meeting being the annual meeting. Special meetings may be called as the need arises by the Mayor, the Sheriff, the County Judge or any member of the Interlocal Board. The County Clerk and City Clerk shall attend the annual meeting for the purpose of keeping minutes. They shall provide copies of the minutes to the City Council and Quorum Court. At the annual meeting, the County Clerk shall give a report regarding the Sheriffs Office personnel as to the number, salary and position of said employees. The Clerk shall also provide a current list of all County and Metropolitan vehicles with their respective VIN Ws, year models and mileage. The City Clerk shall give a report regarding Dispatching personnel as to the number, salary and position of said employees. The County Clerk and City Clerk shall attend the March regular meeting and any special meetings on a rotating basis. (M) The Interlocal Board shall in no way be construed to be a Civil Service Commission or Grievance Committee and shall only serve for the effectuation and coordination of this Agreement. fA (N) This agreement may be amended at any time by the majority vote of both parties. The party desiring to amend this agreement shall draft their proposed amendment and, after passage by their governing body, submit the proposed amendment to the other party, whereupon said party's governing body shall vote upon said proposed amendment. Should the amendment be accepted by a majority of both parties, it will thereafter become a part and parcel of this agreement. Should either party fail to approve of a proposed amendment, it will have no force or effect. (0) The various provisions and parts of this agreement are hereby declared to be severable and if any section or part of a section, provision or part of a provision herein, is declared unconstitutional, inappropriate or invalid by any court of competent jurisdiction, such holding shall not invalidate or effect the remainder of this agreement. (P) This agreement supersedes all previous agreements and amendments thereto that relate to the Interlocal Agreement of Law Enforcement. IN WITNESS HERETO, Independence County, Arkansas, and the City of Batesville, Arkansas, have executed this document by their duly elected officers who are authorized to represent the respective parties hereto in assuring the rights and obligations set forth herein, this day of 1997. INDEPENDENCE COUNTY, ARKANSAS ATTEST �� � ��; �' BY: ; ;,� , - 1 C�r CLERK DAVID WYATT -COUNTY JUDGE CITY OF BATESVILLE, ARKANSAS ATTEST: t QC Y\ c14a BY: Q,, CITY CLERK JOE 8IARD - MAYOR I, Ron Webb, the duly elected Sheriff of Independence County, Arkansas do hereby signify that I ratify and approve the above and foregoing agreement and pledge to use all efforts to effectuate and carry out the same, to the best of m ability. BY: RON WEBB - SHERIFF 40