Home > 104th Congressional Bills > H.J.Res. 166 (rh) Granting the consent of Congress to the Mutual Aid Agreement between the city of Bristol, Virginia, and the city of Bristol, Tennessee. [Reported in House] ...H.J.Res. 166 (rh) Granting the consent of Congress to the Mutual Aid Agreement between the city of Bristol, Virginia, and the city of Bristol, Tennessee. [Reported in House] ...
104th CONGRESS
2d Session
H. J. RES. 166
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 1996
Received
_______________________________________________________________________
JOINT RESOLUTION
Granting the consent of Congress to the Mutual Aid Agreement between
the city of Bristol, Virginia, and the city of Bristol, Tennessee.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. CONGRESSIONAL CONSENT.
The Congress consents to the Mutual Aid Agreement entered into
between the city of Bristol, Virginia, and the city of Bristol,
Tennessee. The agreement reads as follows:
``THIS MUTUAL AID AGREEMENT, made and entered into by and between
the CITY OF BRISTOL VIRGINIA, a municipality incorporated under the
laws of the Commonwealth of Virginia (hereinafter `Bristol Virginia');
and the CITY OF BRISTOL TENNESSEE, a municipality incorporated under
the laws of the State of Tennessee (hereinafter `Bristol Tennessee').
``WITNESSETH:
``WHEREAS, Section 15.1-131 of the Code of Virginia and Sections 6-
54-307 and 12-9-101 et seq. of the Tennessee Code Annotated authorize
Bristol Virginia and Bristol Tennessee to enter into an agreement
providing for mutual law enforcement assistance;
``WHEREAS, the two cities desire to avail themselves of the
authority conferred by these respective laws;
``WHEREAS, it is the intention of the two cities to enter into
mutual assistance commitments with a pre-determined plan by which each
city might render aid to the other in case of need, or in case of an
emergency which demands law enforcement services to a degree beyond the
existing capabilities of either city; and,
``WHEREAS, it is in the public interest of each city to enter into
an agreement for mutual assistance in law enforcement to assure
adequate protection for each city.
``NOW, THEREFORE, for and in consideration of the mutual promises
and the benefits to be derived therefrom, the City of Bristol Virginia
and the City of Bristol Tennessee agree as follows:
``1. Each city will respond to calls for law enforcement
assistance by the other city only upon request for such
assistance made by the senior law enforcement officer on duty
for the requesting city, or his designee, in accordance with
the terms of this Agreement. All requests for law enforcement
assistance shall be directed to the senior law enforcement
officer on duty for the city from which aid is requested.
``2. Upon request for law enforcement assistance as
provided in Paragraph 1, the senior law enforcement officer on
duty in the responding city will authorize a response as
follows:
``a. The responding city will attempt to provide at
least the following personnel and equipment in response
to the request:
``(1) A minimum response of one vehicle and
one person.
``(2) A maximum response of fifty percent
(50%) of available personnel and resources.
``b. The response will be determined by the
severity of the circumstances in the requesting city
which prompted such request as determined by the senior
law enforcement officer on duty in the responding city
after discussion with the senior law enforcement
officer on duty in the requesting city. Any decision
reached by such senior officer of the responding city
as to such response shall be final.
``c. If an emergency exists in the responding city
at the time the request is made, or if such an
emergency occurs during the course of responding to a
request under this Agreement, and if the senior law
enforcement officer on duty in the responding city
reasonably determines, after a consideration of the
severity of the emergency in his jurisdiction, that the
responding city cannot comply with the minimal
requirements under this Agreement without endangering
life or incurring significant property damage in his
city, or both, he may choose to use all equipment and
personnel in his own jurisdiction. In such event, such
officer of the responding city shall immediately
attempt to inform the senior law enforcement officer on
duty in the requesting city of his decision.
``3. The city which requests mutual aid under this
Agreement shall not be deemed liable or responsible for the
equipment and other personal property of personnel of the
responding city which might be lost, stolen or damaged during
the course of responding under the terms of this Agreement.
``4. The city responding to a request for mutual aid under
this Agreement assumes all liabilities and responsibility as
between the two cities for damage to its own equipment and
other personal property. The responding city also assumes all
liability and responsibility, as between the two cities, for
any damage caused by its own equipment and/or the negligence of
its personnel occurring outside the jurisdiction of the
requesting city while en route thereto pursuant to a request
for assistance under this Agreement, or while returning
therefrom.
``5. The city responding under this Agreement assumes no
responsibility or liability for damage to property or injury to
any person that may occur due to actions taken in responding
under this Agreement; all such liability and responsibility
shall rest solely with the city requesting such aid and within
which boundaries the property exists or the incident occurs,
and the requesting party hereby assumes all of such liability
and responsibility.
``6. Each city hereby waives any and all claims against the
other city which may arise out of their activities in the other
city's jurisdiction under this Agreement. To the extent
permitted by law, the city requesting assistance under this
Agreement shall indemnify and hold harmless the responding city
(and its officers, agents and employees) from any and all
claims by third parties for property damage or personal injury
which may arise out of the activities of the responding city
within the jurisdiction of the requesting city under this
Agreement.
``7. The city responding to a request for assistance under
this Agreement assumes no responsibility or liability for
damage to property or injury to any person that may occur
within the jurisdiction of the requesting city due to actions
taken in responding under this Agreement. In accordance with
Section 15.1-131 of the Code of Virginia and Section 29-20-
107(f) of the Tennessee Code Annotated, all personnel of the
responding city shall, during such time as they providing
assistance in the requesting city under this Agreement, be
deemed to be employees of the requesting city for tort
liability purposes.
``8. No compensation will be due or paid by either city for
mutual aid law enforcement assistance rendered under this
Agreement.
``9. Except as provided in Paragraph 7 of this Agreement,
neither city will make any claim for compensation against the
other city for any loss, damage or personal injury which may
occur as a result of law enforcement assistance rendered under
this Agreement, and all such rights or claims are hereby
expressly waived.
``10. When law enforcement assistance is rendered under
this Agreement, the senior law enforcement officer on duty in
the requesting city shall in all instances be in command as to
strategy, tactics and overall direction of the operations. All
orders or directions regarding the operations of the responding
party shall be relayed to the senior law enforcement officer in
command of the responding city.
``11. Either city may terminate this Agreement upon sixty
(60) days' written notice to the other city.
``12. This Agreement shall take effect upon its execution
by the Mayor and Chief of Police for each city after approval
of the City Council of each city, and upon its approval by the
Congress of the United States as provided in Section 15.1-131
of the Code of Virginia. Each city will promptly submit this
Agreement to its respective Congressman and Senators for
submission to the Congress.''.
SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL.
The right to alter, amend, or repeal this joint resolution is
hereby expressly reserved by the Congress. The consent granted by this
joint resolution shall not be construed as impairing or in any manner
affecting any right or jurisdiction of the United States in and over
the region which forms the subject of the agreement.
SEC. 3. CONSTRUCTION AND SEVERABILITY.
It is intended that the provisions of this agreement shall be
reasonably and liberally construed to effectuate the purposes thereof.
If any part or application of this agreement, or legislation enabling
the agreement, is held invalid, the remainder of the agreement or its
application to other situations or persons shall not be affected.
Passed the House of Representatives July 29, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
Pages: 1 Other Popular 104th Congressional Bills Documents:
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