[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 166 Enrolled Bill (ENR)]
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.
``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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.