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AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF CITY
OF BATESVILLE, ARKANSAS TO EXECUTE AIJ INTERLOCAL AGREE= BY AND BETWEEN THE
COUNTY OF INDEPEIZE14CE, ARKANSAS AND CITY OF BATESVILLE, ARKANSAS, WHEREIN THE
SHERIFF OF INDEPENDENCE COUNTY SHALL ESTABLISH A I1ETROPOLITAN BRA14CH OF THE
INDEPENDENCE COUNTY SHERIFF'S DEPARTPZEI�I"i' WHICH WILL PATROL AND PROVIDE LAW
ENFORCEMEPE PROTECTION TO THE CITIZENS OF THE CITY OF BATESVILLE AND REPLACE
TfIE BATESVILLE POLICE FORCE; DECLARING AN EP✓ERGE14CY; AiJD FOR OTHER PURPOSES:
WHEREAS, The City Council of the City of Batesville, Arkansas recognizes their
obligation to provide effective law enforcement for the protection of the
persons and property of their citizens; and,
WHEREAS, The County of Independence and City of Batesville have limited financial
resources in which to provide such protection; and,
WHEREAS, The City of Batesville must comply with the mandate of Amendment 10
of the Constitution of the State of Arkansas; and,
WHEREAS, This agreement provides for better or as good law enforcement services
for less money; and,
WHEREAS, The City Council has a deep concern for the health, welfare and
protection of its citizens; and,
•tiVi� EAS3 after long and careful consideration the City Council has determined
that it is in the best interests of the City, its citizens and their welfare,
that this agreement be executed and put into effect.
BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS:
Section 1: That the City Council of the City of Batesville, Arkansas hereby
authorizes and directs the Playor and City Clerk of the City of Batesville,
Arkansas to execute and implement an Interlocal Agreement by and between the
County of Independence, Arkansas and City of Batesville, Arkansas wherein,
in consideration of mutual obligations and benefits, the Sheriff of Independence
County, Arkansas, shall establish a Metropolitan Branch of Independence County
Sheriff's Department to patrol and provide law enforcement protection to the
citizens of the City of Batesville and replace the Batesville Police Force.
That a copy of said agreement is attached hereto and made a part hereof as though
set out herein word for word.
Section 2: The City Council hereby directs the Major of the City of Batesville
to fulfill the conditions of this Interlocal Agreement, including, establishment
of aboard to effectuate this agreement and coordinate the efforts for carrying
out this agreement, make the necessary expenditures and take all other steps
necessary for the fulfillment of the City's obligations under this contract.
Section 3: That this ordinance shall not effect the present Police Pension
Fund.
Section 4: All ordinances or parts of ordinances in conflict herein are
hereby repealed.
Section 5: The City of Batesville has an obligation to provide adequate
protection for the persons and property of its citizens and this obligation
must now be met with limited financial resources; that the city and county are
presently providing separate law enforcement agencies which require a duplication
of expense; that the Batesville Police Department has experienced reduced
strength and manpower; that the Interlocal Agreement approved by this ordinance
provides needed protection for the citizens, persons and property at reduced
cost to both the City and County, the Interlocal Agreement provides consiwtent
manpower and strength; that the Interlocal Agreement is in the best interest of
the City and itscitizens. Therefore an eaergency is hereby declared to exist
and this ordinance shall be in full force and effect from and after the
4AMW date of its passage in order to preserve the public peace, health and safety,
as well as to protect the city economically.
MIS 1981.
ADOPTED 'i -T day of
APPROTED:
JII,1 SHIRRELL, MIAYOR
ATTEST:
LARRY WILLIMS, CITY CLERK
OEM
1.,.
INTERLOCAL AGREEMENT
THIS AGREEMENT, is made pursuant to Act 742, Chapter 5,
§ 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:
WHEREAS, the County and the City recognize their resnective
obligations to provide for the protection of the persons
and property of their citizens; and
WHEREAS, the County and the City have limited financial
resources with which to provide for such protection; and
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
WHEREAS, the County and the City are presently providing
for separate law enforcement facilities which require duplication
of revenue expenditures and duplication of law enforcement
personel; and
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 for a coordinated fire dispatching service for the citizens
of the County and the City; and
t%,HEREAS, the County and the City are presently experiencing
reduced law enforcement personel due to the restriction of
'revenues and the curtailment of certain Federally funded
programs, causing each party increased concern for the protection
of their cici�-,ens, and for the health, safety and welfare of
their L,=eo-plc; :gid
P;riEREAS, th4 Co-anty and the City are desirous of entering
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i_nCo an Inte1-_loca-! -`_c_Leement whereby the City would provide
r< -v2nues presently, used for maintenance of a Police Department
vow .46Y
to the County, which would, in turn, use such revenues for
the maintenance of a Metropolitan Branch of the Sheriff's
Office of said County, and for elimination of the duplication
of finances and personel between the County and the City; and
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
WHEREAS, acting completely in good faith, with the purpose
of effectuating a savings of County and City revenues, with
the purpose of providing greater law enforcement protection
for the citizens of the County and the City, and with the
purpose of increasing the safety and welfare for all citizens
affected hereby;
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) For a period of twelve (12) months and one (1)
day, the City and the County shall coordinate their efforts
I to provide for greater law enforcement protection, at a reduced
revenue for their citizens through this Interlocal Agreement.
At the expiration of said twelve (12) month and one (1) day
period, either party may, be majority vote of its respective
governing body, elect to modify this agreement and renew
it as modified for an additional twelve (12) month and one
(1) day period, 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. Prior to the expiration
of the initial twelve (12) month and one (1) day period,
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. Failure of either party to act upon
this agreement at the end of the twelve (]2) month and one
(1) day period shall be construed as ratification and renewal
of this agreement as it so exists at that time. For a period
within which this agreement shall exist, the governing bodies
may amend said agreement as provided hereinafter in Paragraph M.
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.
(B) The Sheriff of Independence County, upon adoption
of this agreement, shall cause to be deputized nine (9) duly
qualified persons for the purpose of establishing and maintaining
a Metropolitan Branch of said Sheriff's Office. Said Metropolitan
Branch shall be used by the Sheriff to patrol and provide
law enforcement protection to the citizens of the City, and
shall replace the Batesville Police Force. The Sheriff,
and his duly qualified deputies shall be responsible for enforcing',
the Ordinances of the City, as well as the laws of the State
of Arkansas.
(C) The City shall provide sufficient revenues to the
County, on a monthly basis, whereby the salaries are funded
for the personel which shall compose and create the Metropolitan
Branch of the Sheriff's Office. Said salaries for the
�'Metropolitan Branch shall be composed of three (3) positions
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in accordance with the County's current salary level for
the position of upper level deputy sheriff and six (6) positions
in accordance with the County's current salary level for
the position of lower level deputy sheriff. In addition,
the City shall cause to be paid to the County any other costs,
which are connected with the personel cu,nposng the Metropolitan
Force, such as health insurance, pension funds, workman's
co;cpensation, etc. In addition, in the e,�-ent that the County
should become responsible for unemployment compensation to
any of the personel provided for in this agreement, then, in such
event, the City agrees to indemnify the County for payment
of such unemployment benefits.
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(D) The City shall, upon approval of this agreement,
_lease to the County, and the County shall lease from the
City, all City owned vehicles which were previously being
used by the Batesville Police Department, for the sum of
ten dollars ($10.00) per year, per vehicle. Furthermore,
the City, in return for the use of said vehicles being primarily
for the Metropolitan Force, shall maintain all insurance
!costs as presently required by the City. In the event of
(damage to any vehicle so leased, which is in excess of any
insurance coverage, or in the event that replacement of any
vehicle so leased shall become necessary, the City shall
provide all revenues necessary for the repair and maintenance
,so required.
(E) The City shall give the Sheriff and County employees,
the right to obtain gasoline and motor vehicle products at
the City yard. The County shall be responsible for all fuel
charges associated with all County vehicles other than those
leased to the County by the City, as set forth in Paragraph D
above, for which the City shall be responsible for a monthly
sum of up to $3,000.00 in fuel allowances. Should all of
the leased vehicles have fuel charges in excess of $3,000.00,
the County shall bear the costs of such excess. In addition,
the City shall maintain and service all vehicles so leased.
(F) The City shall continue to maintain and be responsible
for the servicing of all parking meters within the City limits,
and shall be responsible for the personel required for the
servicing and maintenance necessary for said parking meters,
and such personel so provided shall not be a part of the
Metropolitan Force.
(G) The City shall establish and bear the cost of
establishing and maintaining a radio dispatching service,
which shall provide radio co,=unication for law enforcement
and fire vehicles, both City and County wide. All costs
associated with such service shall be born solely by the
City. The City agrees to provide for the personel necessary
Im
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to maintain said dispatching service and all costs associated
therewith, and said personel so provided shall not be a part
of the Metropolitan Force. The Sheriff may use all personel
presently maintained by his office as dispatch officers for
any branch of his force he so desires.
(H) The City shall retain its present radio dispatch
service in its present location and shall take all steps
necessary to cause the radio equipment of the Sheriff to
become combined and coordinated therewith. The remainder
of the City facility previously used as the Batesville Police
Department shall be leased from the City by the County for
the annual rent of ten dollars ($10.00), and shall be used
by the Sheriff as he so determines, including the detention
cells therein contained. The City and the County agree that
no structural changes shall be made to said facility, and
any modification as may become necessary must be approved
by both of the parties to this agreement before such modifications
shall be undertaken.
(I) The personel as provided for by the City, which
shall consist of the Metropolitan Force shall be under the
I direction, supervision, authority and control of the Sheriff
of Independence County, Arkansas. The City shall, upon acceptance
of this agreement, abolish its present Police Force and thereafter
provide for 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 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 enforcer -Lent of the provisions and agreements
it
contained herein.
(J) 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
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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.
(K) The Sheriff is authorized to use any employees
as the Sheriff deems necessary which are a part of the
Metropolitan Force 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 Force shall be
for the protection of the residents of the City.
(L) 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, the
Mayor of the City and the County Judge. 'The sole purpose
of this board shall be to carry out the purposes of this
agreement and to coordinate the efforts of the parties as
may arise from time to time. This board shall meet as the
need arises but on at least a bi-annual basis, and shall
thereafter report to the party so represented as to the financial
status and effectuation of this agreement. This board shall,
in no way, be construed to the a Civil Service Commission
or Grievance Committee, and shall only serve for the effectuation
and coordination of this agreement.
(M) 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
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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.
(N) The various provisions and parts of this agreement
are hereby declared to be serverable 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 competerit jurisdiction, such holding shall not
invalidate or effect the remainder of this agreement.
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
%ST day of July, 1981.
ATTEST:/c -«
COUN' Y CLERK
ATTEST:
CITY CLERK
INDEPENDENCE COU TY, ARKANSAS
B Y : -zZ, C� Zit, X51
IM PEA - COUNTY JUDGE
CI'T'Y OF BATESVIL,"E, ARKANSAS
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BY:
JIM SHIRRELL - MAYOR
I, Gerald Fulbright, the duly elected Sheriff of Independence
ounty, 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 t' -'e best of My ability.
GERALD FULBRIGHT - SHERIFF