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Ordinance No. 1,376ORDINANCE NO. 1376 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HARRIS COUNTY PROVIDING FOR JOINT PARTICIPATION BETWEEN THE CITY AND THE COUNTY WITH REGARD TO FURNISHING, MAINTENANCE, AND OPERATION OF JOINT JAIL FACILITIES AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby approves the contract providing for joint participation between the City of Baytown and Harris County with regard to furnishing, maintenance, and operation of joint jail facilities in Baytown, Texas, and authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to such contract, a copy of said contract marked Exhibit "A" attached hereto and made a part hereof. Section 2: This ordinance shall take effect 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 8th day of ATTEST: DNA OLIVER, City Clerk APPROVED: ITE—EL R.SON City Attorney March , 1973. l C. GLEN WALKER, Mayor E X H I BIT "A" k THE STATE OF TEXAS COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS: This agreement, made and enter into by and between HARRIS COUNTY, TEXAS, hereinafter called "County" acting herein by and through its County Judge and County Commissioners, pursuant to a resolution duly passed by the Commissioners Court of said County, and the City of Baytown, hereinafter called "City ", a body corporate and politic, organized and existing by the virtue of the general laws of the State of Texas, acting herein by and through its Mayor, thereunto duly authorized. WITNESSETH' WHEREAS, said City and County in the interest of public convenience and economy presently utilize common jail facilities in the City of Baytown pursuant to an existing lease agreement; and WHEREAS, said City presently has under construction a new Police, Jail and Municipal Court Complex located at 3200 North Main Street, which is expected to be completed in March of 1973; and WHEREAS, said City and County, pursuant to the provisions of the Inter- Local Cooperation Act, Article 1581h, Revised Civil Statutes of the State of Texas, 1925, have determined that it would be in the best interest of such City and such County and of the citizens and inhabitants thereof, that joint participatior with regard to furnishing, maintenance, and operation of joint facilities be continued; NOW THEREFORE, the City and County agree as follows: I. City and County agree that subject to the provisions hereof, henceforth City will house, support, maintain, and confine in the Baytown City Jail persons charged with offenses within the jurisdiction of the Justice Court, the County Court or the District Court, persons committed to jail by order of any judge other than the Municipal Court Judge of the City of Baytown, under any circumstance which would warrant said person being confined in the Harris County Jail, and holdover County prisoners, all of said persons being hereinafter referred to as "County prisoners ". It is expressly agreed and understood that the provisions of this agree- ment relating to the housing, maintenance, support and confinement of County prisoners refers only to the temporary housing, maintenance, support and con- Ifinement for a period not to exceed forty -eight (48) hours, of County prisoners arrested in the Baytown area and awaiting transfer to the Harris County Jail, and does not refer to the housing, maintenance, support and confinement of holdover County prisoners awaiting trial, holdover County prisoners awaiting transfer to the Texas Department of Corrections or County prisoners serving a judicially imposed sentence or serving a sentence for failure to pay a judicially imposed fine. III. It is mutually agreed that upon presentation by a duly authorized peace officer of a County prisoner, an officer, agent or employee of the City of Baytown will book said County prisoner in the Baytown City Jail and that the City of Baytown will be responsible for the care, custody and support of said County prisoner and his property. The City of Baytown further agrees that its officers, agents or employees will not release from custody a County prisoner who has been booked into the Baytown City Jail until his discharge is lawfully ordered, or bail bond is furnished through the Harris County Sheriff's Department or through a Justice of the Peace, or until he is to be transferred to the Harris County Jail by a deputy of the Harris County Sheriff's Department. Iv. The City of Baytown shall have complete charge, custody and control of all County prisoners in said jail, including the admission, release, safe keeping, and feeding thereof; providing that the City of Baytown shall not pay a the food bill of any County prisoner held and retained in said jail for a period in excess of twenty -four (24) hours. All meals furnished County prisoners after the expiration of twenty -four (24) hours shall be paid by the County, at a rate not to exceed the actual cost to the City of Baytown per meal per prisoner. -2- V. The City will process all County prisoners through its identification procedures before booking said prisoners presented to its officers, agents or employees by bone fide peace officer. VI. During the confinement of a County prisoner in the Baytown City Jail, County agrees to furnish all necessary medical treatment and hospitalization for all County prisoners whether they become injured or sick before or after _ being booked into the City of Baytown Jail. As County prisoners are actually lodged in the Baytown City Jail, City agrees that its officers, agents or employees will summon necessary medical help and transport prisoners to a hospital when necessary, without undue delay. The officer, agent or employee in charge of the shift of the City Jail will determine, upon presentation of any County prisoner whether or not at that time the prisoner shall be transported to a hospital. VII. The City may refused to accept an injured County prisoner when in the judgment of the Police Chief or his designated representative medical attention is necessary before the prioner is committed to the Baytown Jail. VIII. It is further agreed that the City in its discretion shall appoint as many jailors, relief jailors or other employees as are necessary to operate the City Jail and premises. Said employees are to be directly responsible to the City and shall receive their salaries from the City. IX. Book shall be kept by the jailor or jailors, now or hereafter hired by the City, showing the date and time when such prisoners are imprisoned, the date and time of relief, and any and all other information that may be required by law of the County or the City with regard to prisoners. -3- rI X. The term of this contract is for a period of three (3) years from date of its execution, during which County agrees to pay to City, the sum of FORTY - ONE THOUSAND SIX HUNDRED and NOIIOO ($41,600.00) DOLLARS per annum for each full calendar year that this contract is in effect, said payment being based upon the best estimate by the parties of the actual costs of providing these services. The parties contemplate that after the expiration of the term of this contract it may be renewed for successive one year periods and that the payment to be made by the County to the City will be adjusted to the amount which will reflect changes in estimates of future costs. It is further agreed and understood that the execution of this contract will constitute a termination of the present lease agreement between the City and County, and that suclh agreement shall in all respects have no further force and effect. SpecificaTlry, all building and fixtures presently situated on the property which is the subject of said prior lease will vest in and become the property of the City of Baytown. X.I. County agrees to save and hold harmless the City of Baytown and its officers, agents or employees and their successors in office from any claim for damages for which the City, its officers, agents or employees may be held liable to a County prisoner because of acts or omissions of County officers, agents and employees. The City agrees to save and hold harmless the County from any claim for damages for which the County may be held liable to any County prisoner because of the acts or omissions of any officer, agent or employee of the City. 1973. EXECUTED IN DUPLICATE ORIGINALS, this the day of , COUNTY OF HARRIS By BILL ELLIOTT County Mudge, Harris County, Texas -4- _ .. . • r r �. CITY OF BAYTOWN C. GLEN WALKER _. Mayor, City of Baytown, Texas ATTEST: - -- EDNA OLIVER -City Clerk_.— Ci" y of Baytown, Texas _ —. -- T FORM: E RESWEBER County Attorney, Harris County, Texas EEL RICHARDSON ---- . - -Ci-ty Attorney, City of Baytown, Texas