Ordinance No. 15,497 ORDINANCE NO. 15,497
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS
COUNTY ALLOWING HARRIS COUNTY SHERIFF'S OFFICE PERSONNEL
TO AUTHORIZE NON-CONSENT TOWS FROM CERTAIN FREEWAYS
WITHIN THE BAYTOWN CITY LIMITS IN HARRIS COUNTY; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section l: That the City Council of the City of Baytown, Texas, hereby authorizes the
City Manager to execute an Interlocal Agreement with Harris County allowing Harris County
Sheriff s Office personnel to authorize non-consent tows from certain freeways within the Baytown
City limits in Harris County. A copy of said agreement is attached hereto, marked Exhibit "A"
and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 27' day of July, 2023.
ON CAPETILLO, Mayor
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ANGELA 07CKSON, Cit k ),
APPROVED AS ORM:
SCOTT L OND, City Attorney
R:\Karen Anderson\ORDINANCES12023\2023.07.27\lnterlocalwithI lamsCounty4SafeClearProgram.docx
EXHIBIT "A"
INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF BAYTOWN
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Interlocal Agreement (the "Agreement") is made and entered by and between Harris County,
Texas, a body corporate and politic under the laws of the State of Texas, acting by and through its
Sheriff's Office ("HCSO") and the City of Baytown, Texas, a home-rule city of the State of Texas (the
"City"),pursuant to the Interlocal Cooperation Act,TEX.GOV'TCODE ANN. §§791.001 —791.030. The
County and the City are referred to herein collectively as "Parties" and individually as a"Party."
Recitals
TEXAS TRANSPORTATION CODE ANN. § 545.3051 authorizes law enforcement agencies to remove
personal property, including vehicles, from roadways or rights-of-way without the consent of the owner or
carrier of the property (hereafter "freeway non-consent tows").
Houston-Galveston Area Council ("H-GAC') and Hams County acting for HCSO entered into an
Interlocal Agreement, dated August 13, 2014, to (1) contribute funding to the operations of HCSO
Motorist Assistance Program and (2) provide staffing to conduct freeway surveillance at Houston TranStar.
The Parties wish to allow HCSO personnel to authorize freeway non-consent tows from certain freeways
within the Baytown City limits in Harris County.
Terms
I.
The Parties agree that HCSO personnel located at Houston TranStar will authorize freeway non-consent
tows within the Baytown City limits. HCSO personnel will authorize freeway non-consent tows for the
on-system freeway facilities (the "System") which include the main lanes, shoulders, exit ramps, entrance
ramps, direct connectors, and the Comity managed lanes of the major freeways within the Baytown city
limits. The System does not include the freeway frontage roads.
II.
The County will continue to pay for its personnel with funds available through an agreement with H-
GAC. Once a month, the tow companies will invoice the HCSO for the tows performed the previous month.
The HCSO will confirm the tows against HCSO records and compensate the companies at a rate of seventy
and No/Dollars($70.00) per tow. HCSO will then invoice H-GAC for the monthly cost. The City will not be
charged nor expected to pay any cost, neither upfront nor ongoing.
III.
The HCSO will authorize freeway non-consent tows utilizing procedures and systems mutually agreed on by
both Parties. At the beginning of each month the HCSO will provide a written report to the attention of the city
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police department in a form acceptable to both Parties, of all freeway non-consent tows authorized by HCSO
in the previous month.
IV.
The term of this Agreement shall commence upon approval of both Parties or the Date Countersigned by the
City Manager,whichever is later,and will remain in effect as long as HCSO personnel are stationed at Houston
TranStar to conduct freeway surveillance. The Agreement will survive all modifications, expansions, mergers
or re-brandings of the City of Houston program.
Either Party may cancel this Agreement at any time upon thirty (30) days written notice to the other Party to
this Agreement.
V.
EXECUTION. Multiple Counterparts: The Agreement may be executed in several counterparts. Each
counterpart is deemed an original.All counterparts together constitute one and the same instrument.Each Party
warrants that the undersigned is a duly authorized representative with the power to execute the Agreement.
HARRIS COUNTY APPROVED AS TO FORM:
CHRISTIAN MENEFEE
By: COUNTY ATTORNEY
LINA HIDALGO
COUNTY JUDGE By:
Haley New
Assistant County Attorney
APPROVED BY: C.A. File No.: 23GEN1631
ED GONZALEZ
HARRIS COUNTY SHERIFF
CITY OF BAYTOWN APPROVED AS TO FORM:
SCOTT LEMOND
By: CITY ATTORNEY
JASON REYNOLDS By:
CITY MANAGER
APPROVED BY:
JOHN STRINGER
CHIEF OF POLICE
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ORDER OF COMMISSIONERS COURT
The Commissioners Court of Harris County,Texas,met in regular session at its regular term at the
Hams County Administration Building in the City of Houston, Texas, on with all
members present except
A quorum was present. Among other business, the following was transacted.
ORDER AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY
AND CITY OF BAYTOWN TO ALLOW HCSO TO AUTHORIZE FREEWAY NON-
CONSENT TOWS WITHIN THE CITY LIMITS OF BAYTOWN, TEXAS
Commissioner introduced an order and moved that Commissioners
Court adopt the order. Commissioner seconded the motion for adoption of the
order. The motion, carrying with it the adoption of the order prevailed by the following vote:
Yes No Abstain
Judge Lina Hidalgo ❑ ❑ ❑
Comm. Rodney Ellis ❑ ❑ ❑
Comm. Adrian Garcia ❑ ❑ ❑
Comm. Tom S. Ramsey, P.E. ❑ ❑ ❑
Comm. Lesley Briones ❑ ❑ ❑
The County Judge thereupon announced that the motion had duly and lawfully carried and that the
order had been duly and lawfully adopted. The order adopted follows:
IT IS ORDERED that:
1. The Harris County Judge is authorized to execute on behalf of Harris County the attached
Interlocal Agreement between Harris County and City of Baytown to allow HCSO personnel
to authorize freeway non-consent tows within the city limits of Baytown, Texas.
2. All Harris County officials and employees are authorized to do any and all things necessary or
convenient to accomplish the purposes of this order.
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