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Home My WebLink About2009-03-01 CITY OF BATESVILLE ARKANSAS ORDINANCE NO. e4009'3" C INDEPENDENCE COUNTY, ARKANSAS ORDINANCE NO. &239- 11 AN ORDINANCE AMENDING THE CITY OF BATESVILLE/INDEPENDENCE COUNTY INTERLOCAL AGREEMENT AS AMENDED JUNE 99 1997; AS AMENDED MAY 8, 2001 AND AS AMENDED SEPTEMBER 12, 2002, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES WHEREAS, the City of Batesville and Independence County, Arkansas, recognize the need to amend the current Interlocal Agreement to better serve the citizens of the City of Batesville and the citizens of Independence County as they travel through the City of Batesville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS AND THE QUORUM COURT OF INDEPENDENCE COUNTY THAT THE INTERLOCAL AGREEMENT BE AMENDED AS FOLLOWS: This agreement entered into this day of March, 2009 by and between the • City of Batesville, Arkansas and Independence County, Arkansas and for the purpose of amending the Interlocal Cooperation Agreement Regarding Law Enforcement, shall be amended as follows: 1. A Traffic Safety Officer will be added to the Metro Division of the Independence County Sheriff's Office for the dedicated purpose of enforcing traffic safety laws inside the City of Batesville. 2. The Traffic Safety Officer will work no more than forty (40) hours per week, and may be called upon to work irregular or"split" shifts. 3. The Traffic Safety Officer's primary responsibility will be enforcement of State laws and local ordinances related to traffic control, speed and other traffic safety issues. The Traffic Safety Officer will not be responsible for accident investigations, property crimes r investigation, domestic disturbance calls or other duties traditionally encountered by patrol deputies. 4. The Traffic Safety Officer will work inside the city limits of Batesville unless called upon by the Sheriff to perform temporary duty in a unique emergency situation. 5. The City of Batesville will furnish a patrol vehicle, all equipment and supplies required for the Traffic Safety Officer. 6. The City of Batesville will furnish fuel annually for the Traffic Safety Officer. 7. The City of Batesville will pay to Independence County on a monthly bases for the Traffic Safety Officer along with the monthly payments made to accomplish the Interlocal Cooperation Agreement. 8. Other than the specific considerations herein, the relative rights and responsibilities of the City and County related to the Traffic Safety Officer will be the same as a regular Metro Division patrol officer. 9. All other terms and conditions of the Interlocal Cooperative Agreement on Law Enforcement not specifically addressed herein shall remain in full force and effect. 10. This agreement shall be in full force and effect upon passage of this Ordinance by the Batesville City Council and Independence County Quorum Court. EMERGENCY CLAUSE: Whereas it is necessary to effect the public peace, health, safety and welfare and the orderly enforcement of City traffic ordinances and State laws, an emergency is hereby declared to exist and this Ordinance shall be effective from and after its passage. IT IS SO ORDAINED. IN WITNESS HERETO, the City of Batesville, Arkansas, and Independence County, Y 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 March, 2009. CITY OF BATESVILLE, ARKANSAS ATTEST: BY: DENISE JOHNSTON, CITY CLERK HON. RICK ELUMBAUGH, MAYOR INDEPENDENCE COUNTY, ARKANSAS `r. ATTEST: BY: KAREN WOOLDRIGE, COUNTY CLERK HON. BILL HICKS, COUNTY JUDGE I, Keith Bowers, 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 same, to the best of my ability. BY: KEITH BOWERS, SHERIFF 03-10-' 09 12: 04 FROM-IND. CO. JUDGES 870-793-8803 T-555 P001/004 F-903 ORDINANCE N01009-11 EMERGENCY ORDINANCE BE IT ENACTED BY THE QUORUM COURT OF THE COUNTY OF INDEPENDENCE, STATE OF ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE ADOPTING THE 2009 AMENDMENT TO THE INTERLOCAL AGREEMENT ON LAW ENFORCEMENT BETWEEN THE CITY OF BATESVILLE AND INDEPENDENCE COUNTY ARKANSAS, DECLARING AN EMERGANCY., AND EOR OTjff R PURPOSES. WHEREAS,the City of Batesville and Independence County have entered into an Interlocal Agreement which sets out the rights and obligations of each of them regarding law enforcement administration within the county, and the City of Batesville; and WHEREAS, representatives of the City and County have met and proposed certain amendments to the Interlocal Agreement; now BE IT THEREFORE ORDAINED by the Quorum Court of Independence County that the Interlocal Agreement on law enforcement, 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 and shall govern the administration of law enforcement within Independence County,Arkansas. This ordinance repeals any ordinances or parts of ordinances in conflict herewith. ENERGENCY CLAUSE: Because the orderly administration of law enforcement in Independence County is vital for the protection of life, liberty 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. -.-.r. Independence County Judge Karen Wooldridge, County Clerk 13.0 J� Xhlalo 31 SOW V noo 3JOIb OOM �I FILED ®311 MA 1-2'a' KAREN cE COU R TE CLERK D.C. 03-10-'09 12:04 FROM-IND. GO, JUDGES 870-793-8803 T-555 P002/004 F-903 • 2009 Amendment To The Interlocal Cooperation Agreement Regarding Law Enforcement This agreement entered into this 9 day of March 2009 by and between Independence County Arkansas and the City of Batesville Arkansas for the purpose of amending the Interlocal Cooperation Agreement Regarding Law Enforcement, for the purposes and can considerations as follows: 1. A traffic safety officer will be added to the Metro Division of the Independence County Sheriff s office for the dedicated purpose of enforcing traffic safety laws inside the City of Batesville. 2. The traffic safety officer will work no more than forty(40)hours per week, and may be called upon to work irregular or"split" shifts. 3. The traffic safety officer's primary responsibility will be enforcement of State laws and local ordinances related to traffic control, speed and other traffic safety issues. The traffic safety officer will not be responsible for accident investigations, property crimes investigation, domestic disturbance calls or other duties traditionally encountered by patrol deputies. 4. The traffic safety officer will work inside the city limits of Batesville unless called upon by the Sheriff to perform temporary duty in a unique emergency situation. 5. The City of Batesville will furnish a patrol vehicle, all equipment and supplies required for the traffic safety officer. 6. The City of Batesville will furnish fuel annually for the traffic safety officer. 7. The City of Batesville will pay Independence County on a quarterly basis for the traffic safety officer along with the quarterly payments made to accomplish the Interlocal Cooperation Agreement. 8. Other than the specific considerations herein,the relative rights and responsibilities of the City and County related to the traffic safety officer will be the same as a regular Metro Division patrol officer. 03-10-'09 12;04 FROM-IND. CO. JUDGES 870-793-8803 T-555 P003/004 F-903 9. All other terms and conditions of the Interlocal Cooperative Agreement on Law Enforcement not specifically addressed herein will remain in full force and effect. 10. This agreement is effective and in force upon notification by the Batesville City Council and Independence County Quorum Court. In Witness whereof we have set our hands this.-__q day of March 2009. __�L ' Hon. Bill F icks Independence County Judge Hon. baugh Mayor of Batesville Keith Bowers Independence County Sheriff 03-10-'09 12;05 FROM-IND. CO, JUDGES 870-793-8803 T-555 P004/004 F-903 February 13, 2009 The Interlocal Meeting between City of Batesville and Independence County was held on Thursday, February 12, 2009 at 3:00 P.M. at City Hall. Those present were: Mayor Rick Elumbaugh, City Councilmen Fred Krug and Matt McDonald, County Judge's Executive Assistant Claudette Parks, Deputy County Clerk Lisa Cooper, Sheriff Keith Bowers, Justice of the Peace Anne Moore, Bill Cash and Tony Thompson. Also present: James with The Batesville Guard. The Meeting was called to order by Mayor Elumbaugh. A motion was made and seconded to approve the minutes from the previous meeting. Motion carried. There was no Old Business to address. In discussing new business, it was stated that the City was in the process of hiring a new traffic officer. It was stated that Eric Hance had said there were some things that needed to be discussed and that a contract should be made for the officer not to leave the City limits. Sheriff Bowers said that he would be commissioned to work the County but main job would be in the City. Claudette Parks stated that the Quorum Court would have to approve this position. Mayor Elumbaugh stated that the City Attorney and County ` Attorney needed to get together and make a decision if this needed to be in the form of an Ordinance or Resolution. The two attorneys needed to make a decision on amendment, Sheriff Bowers again stated that he did not want the officer tied down to just the City in case of an emergency. Ms. Parks stated that in 2002 the Agreement had been amended. Sheriff Bowers made a motion to forward with the Attorneys meeting. Tony Thompson seconded. Motion carried. Tony Thompson made a motion to adjourn and Fred Krug seconded. The Meeting was adjourned. es ecly Sub - mitted, � Lissaa ooper-Deputy Clerk •