H. J. Res. 166

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

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.
H. J. Res. 166—2

‘‘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
H. J. Res. 166—3

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.
H. J. Res. 166—4

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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.