IA

104TH CONGRESS

2D SESSION H. J. RES. 166

Granting the consent of Congress to the Mutual Aid Agreement between

the city of Bristol, Virginia, and the city of Bristol, Tennessee.

IN THE HOUSE OF REPRESENTATIVES

MARCH 21, 1996

Mr. BOUCHER (for himself and Mr. QUILLEN) introduced the following joint

resolution; which was referred to the Committee on the Judiciary

JOINT RESOLUTION

Granting the consent of Congress to the Mutual Aid Agreement between the city of Bristol, Virginia, and the city

of Bristol, Tennessee.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 SECTION 1. CONGRESSIONAL CONSENT.

4 The Congress consents to the Mutual Aid Agreement

5 entered into between the city of Bristol, Virginia, and the

6 city of Bristol, Tennessee. The agreement reads as follows:

7 ‘‘THIS MUTUAL AID AGREEMENT, made and

8 entered into by and between the CITY OF BRISTOL

9 VIRGINIA, a municipality incorporated under the laws of

10 the Commonwealth of Virginia (hereinafter ‘Bristol Vir-
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1 ginia’); and the CITY OF BRISTOL TENNESSEE, a

2 municipality incorporated under the laws of the State of

3 Tennessee (hereinafter ‘Bristol Tennessee’).

4 ‘‘WITNESSETH:

5 ‘‘WHEREAS, Section 15.1–131 of the Code of Vir6 ginia and Sections 6–54–307 and 12–9–101 et seq. of the

7 Tennessee Code Annotated authorize Bristol Virginia and

8 Bristol Tennessee to enter into an agreement providing

9 for mutual law enforcement assistance;

10 ‘‘WHEREAS, the two cities desire to avail themselves

11 of the authority conferred by these respective laws;

12 ‘‘WHEREAS, it is the intention of the two cities to

13 enter into mutual assistance commitments with a pre-de14 termined plan by which each city might render aid to the

15 other in case of need, or in case of an emergency which

16 demands law enforcement services to a degree beyond the

17 existing capabilities of either city; and,

18 ‘‘WHEREAS, it is in the public interest of each city

19 to enter into an agreement for mutual assistance in law

20 enforcement to assure adequate protection for each city.

21 ‘‘NOW, THEREFORE, for and in consideration of

22 the mutual promises and the benefits to be derived there23 from, the City of Bristol Virginia and the City of Bristol

24 Tennessee agree as follows:
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1 ‘‘1. Each city will respond to calls for law en2 forcement assistance by the other city only upon re3 quest for such assistance made by the senior law en4 forcement officer on duty for the requesting city, or

5 his designee, in accordance with the terms of this

6 Agreement. All requests for law enforcement assist7 ance shall be directed to the senior law enforcement

8 officer on duty for the city from which aid is re9 quested.

10 ‘‘2. Upon request for law enforcement assist11 ance as provided in Paragraph 1, the senior law en12 forcement officer on duty in the responding city will

13 authorize a response as follows:

14 ‘‘a. The responding city will attempt to

15 provide at least the following personnel and

16 equipment in response to the request:

17 ‘‘(1) A minimum response of one vehi18 cle and one person.

19 ‘‘(2) A maximum response of fifty

20 percent (50%) of available personnel and

21 resources.

22 ‘‘b. The response will be determined by the

23 severity of the circumstances in the requesting

24 city which prompted such request as determined

25 by the senior law enforcement officer on duty in
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1 the responding city after discussion with the

2 senior law enforcement officer on duty in the

3 requesting city. Any decision reached by such

4 senior officer of the responding city as to such

5 response shall be final.

6 ‘‘c. If an emergency exists in the respond7 ing city at the time the request is made, or if

8 such an emergency occurs during the course of

9 responding to a request under this Agreement,

10 and if the senior law enforcement officer on

11 duty in the responding city reasonably deter12 mines, after a consideration of the severity of

13 the emergency in his jurisdiction, that the re14 sponding city cannot comply with the minimal

15 requirements under this Agreement without en16 dangering life or incurring significant property

17 damage in his city, or both, he may choose to

18 use all equipment and personnel in his own ju19 risdiction. In such event, such officer of the re20 sponding city shall immediately attempt to in21 form the senior law enforcement officer on duty

22 in the requesting city of his decision.

23 ‘‘3. The city which requests mutual aid under

24 this Agreement shall not be deemed liable or respon25 sible for the equipment and other personal property
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1 of personnel of the responding city which might be

2 lost, stolen or damaged during the course of re3 sponding under the terms of this Agreement.

4 ‘‘4. The city responding to a request for mutual

5 aid under this Agreement assumes all liabilities and

6 responsibility as between the two cities for damage

7 to its own equipment and other personal property.

8 The responding city also assumes all liability and re9 sponsibility, as between the two cities, for any dam10 age caused by its own equipment and/or the neg11 ligence of its personnel occurring outside the juris12 diction of the requesting city while en route thereto

13 pursuant to a request for assistance under this

14 Agreement, or while returning therefrom.

15 ‘‘5. The city responding under this Agreement

16 assumes no responsibility or liability for damage to

17 property or injury to any person that may occur due

18 to actions taken in responding under this Agree19 ment; all such liability and responsibility shall rest

20 solely with the city requesting such aid and within

21 which boundaries the property exists or the incident

22 occurs, and the requesting party hereby assumes all

23 of such liability and responsibility.

24 ‘‘6. Each city hereby waives any and all claims

25 against the other city which may arise out of their
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1 activities in the other city’s jurisdiction under this

2 Agreement. To the extent permitted by law, the city

3 requesting assistance under this Agreement shall in4 demnify and hold harmless the responding city (and

5 its officers, agents and employees) from any and all

6 claims by third parties for property damage or per7 sonal injury which may arise out of the activities of

8 the responding city within the jurisdiction of the re9 questing city under this Agreement.

10 ‘‘7. The city responding to a request for assist11 ance under this Agreement assumes no responsibility

12 or liability for damage to property or injury to any

13 person that may occur within the jurisdiction of the

14 requesting city due to actions taken in responding

15 under this Agreement. In accordance with Section

16 15.1–131 of the Code of Virginia and Section 29–

17 20–107(f) of the Tennessee Code Annotated, all per18 sonnel of the responding city shall, during such time

19 as they providing assistance in the requesting city

20 under this Agreement, be deemed to be employees of

21 the requesting city for tort liability purposes.

22 ‘‘8. No compensation will be due or paid by ei23 ther city for mutual aid law enforcement assistance

24 rendered under this Agreement.
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1 ‘‘9. Except as provided in Paragraph 7 of this

2 Agreement, neither city will make any claim for

3 compensation against the other city for any loss,

4 damage or personal injury which may occur as a re5 sult of law enforcement assistance rendered under

6 this Agreement, and all such rights or claims are

7 hereby expressly waived.

8 ‘‘10. When law enforcement assistance is ren9 dered under this Agreement, the senior law enforce10 ment officer on duty in the requesting city shall in

11 all instances be in command as to strategy, tactics

12 and overall direction of the operations. All orders or

13 directions regarding the operations of the responding

14 party shall be relayed to the senior law enforcement

15 officer in command of the responding city.

16 ‘‘11. Either city may terminate this Agreement

17 upon sixty (60) days’ written notice to the other

18 city.

19 ‘‘12. This Agreement shall take effect upon its

20 execution by the Mayor and Chief of Police for each

21 city after approval of the City Council of each city,

22 and upon its approval by the Congress of the United

23 States as provided in Section 15.1–131 of the Code

24 Of Virginia. Each city will promptly submit this
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1 Agreement to its respective Congressman and Sen2 ators for submission to the Congress.’’.

3 SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL.

4 The right to alter, amend, or repeal this joint resolu5 tion is hereby expressly reserved by the Congress. The con6 sent granted by this joint resolution shall not be construed

7 as impairing or in any manner affecting any right or juris8 diction of the United States in and over the region which

9 forms the subject of the agreement.

10 SEC. 3. CONSTRUCTION AND SEVERABILITY.

11 It is intended that the provisions of this agreement

12 shall be reasonably and liberally construed to effectuate

13 the purposes thereof. If any part or application of this

14 agreement, or legislation enabling the agreement, is held

15 invalid, the remainder of the agreement or its application

16 to other situations or persons shall not be affected.

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