Ordinance No. 1,413 ORDINANCE NO. 1413
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REPEALING ORDINANCE NO. 1376, INTRODUCED, READ AND PASSED ON
MARCH 8, 1973, AND DECLARING SAID ORDINANCE TO HAVE NO FORCE
AND EFFECT, AND AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY
OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HARRIS 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 l : That Ordinance No. 1376, introduced, read and passed on March
8, 1973, is hereby repealed and declared to have no force and effect.
Section 2: 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 3: 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 14th day of June 1973.
TOM GENTRY, Mayor
ATTEST:
EDNA OLIVER, City Clerk
APPROVED:
--77jali�a- ,
NEEL R C AR S , City Attorney
EXHIBIT "A"
• .. 1 ,V I J
THE STATE OF TEXAS �
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
THIS AGREEMENT, made and entered into bye and between HARRIS COUNTY,
hereinafter called "County" acting herein by and through its County Judge,
pursuant to a resolution duly passed by the Commis-sioners 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.
WITNES• SETH :
WHEREAS, said City and County in the interest of public convenience
and economy presently utilize common jail facilities in the City of Baytown pur-
suant to an existing lease agreement; and .
WHEREAS, said City has a new Police, Jail and Municipal Court Complex
located at 3200 North Main Street; and
WHEREAS, said City and County, pursuant to the provision of the Inter-
Local Cooperation Act, Article 4413 (32c), Revised Civil Statutes of the State
of Texas, 1925, as amended, 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 participation 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, hence-
forth 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 prisioners."
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II.
It is expressly agreed and understood that the provisions of this
agre
ement relating to the housing, maintenance, support and confinement of
County prisoners refers only to the temporary housing,. maintenance, support
and confinement for a period not to exceed forty-eight (48) hours , or 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
unty prisoner, an officer, agent or employee of the
peace officer of a Co
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, provided, however, that nothing contained herein shall be construed
to authorize the City to incarcerate or hold any person in custody contrary
.o the Constitutions and laws of the State of Texas and the United States of
America.
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; however, meals furnished by the City to a
County prisoner after he has been incarcerated for a period of twenty-four (24)
hours shall- be paid by the County at a rate not to exceed the actual cost
thereof to the City.
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 bona fide peace officer.
VI.
During -the confinement of a County prisoner in the Baytown City Jail ,
City 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 . The County will pay the City the actual cost of such medical
treatment and hospitalization.
VII.
The City may refuse to accept an injured County prisoner when in the
Judgment of the Police Chief or his designated representative medical attention
is necessary before the prisoner 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.
X.
The term of this contract is for a period of one (1 ) year from the
effective date hereof, and the County agrees to pay to City, the sum
3.
of FORTY-ONE THOUSAND SIX HUNDRED and NO/100 ($41 ,600.00) DOLLARS for said
year that this contract is in effict, said payment being based upon the best
estimate by the parties of the actual, costs of providing these services.
After the services (provided for in this agreement) have been furnished by
the City to the County, the City will bill the County for the above mentioned
amount of FORTY-ONE THOUSAND SIX HUNDRED and NO/100 ($41 ,600.00) , the amount
for feeding prisoners after they have been held for more than twenty-four
(24) hours under paragraph IV hereof, and the amount for medical treatment and
hospitalization under paragraph VI hereof. Within thirty days (30) after receipt
of such billing, Harris County will pay the City the amount thereof. However,
noMthstanding anything herein contained .to the contrary, or that may be con-
strued to the contrary, in no event will the County be obligated to pay the
City more than FORTY-TWO THOUSAND SIX HUNDRED and NO/100 ($42,600.00) DOLLARS
for and in consideration of the performance of this agreement by the City.
It is further expressly understood that the County has the maximum sum of
FORTY-TWO THOUSAND SIX HUNDRED and NO/100 ($429600.00) DOLLARS allocated to
fully discharge its obligation under this agreement and it is understood and
agreed that the total maximum amount that the County shall be liable to pay the
City hereunder shall not under any conditions, circumstances or interpretations
hereof exceed the sum of FORTY-TWO THOUSAND SIX HUNDRED and NO/100 ($42,600.00)
DOLLARS.
XI.
It is further agreed and understood that on the effective date of this
agreement the present lease agreement between the City and County shall terminate
and cease to have any further force and effect.
XII.
Notwithstanding anything herein to the contrary, or that may be construed
to the contrary, it is expressly understood and agreed that in the performance
of this agreement, the City will observe and comply with all State and Federal
laws and regulations in any manner affecting the performance of this agreement.
4.
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EXECUTED IN DUPLICATE ORIGINALS this th� :���, _ ay of
1973, to be effective June 1 , 19Y3.
HARRIS COUNTY
BILL ELLIOTT
County. Judge, Harris County, Texas
CITY OF BAYTOWN
By
TOM GENTRY
Mayor, City of Baytown, Texas
ATTEST:
IRA OLIVER
City Clerk, City of Baytovm, Texas
APPROVED AS TO FOP11: -
JERRY B. SCHANK
f Senibr' Assistant County Attorney
Harris County, Texas
NEEL R CHARDSON
City Attorney, City of Baytown, Texas
APPROVED:
3 -HEARD �~
Sheriff, Harris County, Texas
5.
JBS:ded 5-153 R-11 ,673
ORDER AUTHORIZING EXECUTION OF AGREEWENT BETWEEN
HARRIS COUNTY AND THE CITY OF BAYTOWN FOR THE
HOUSING OF PRISONERS
THE STATE OF TEXAS j
I
COUNTY OF HARRIS j
On this , the ow day of _ � � 1973, the Commissioners
Court of Harris County, sitting as the governing body of Harris County, Texas,
being convened at a regular meeting of the Court, upon motion .of Commissioner
a seconded by Commissioner ram
duly put and carried,
IT IS ORDERED that County Judge Bill Eilintt be, and he is hereby,
authorized to execute an Agreement by and between Harris County and the City
of Baytown, providing for the housing of prisoners in the City of Baytown ,fail ,
under the terms and provisions as set out in said Agreement, which said Agreement
is hereby referred to and made a part hereof for all purposes as though fully
set out herein.
THE STATE OF TEXAS
COUNTY. OF HARRIS )
I, R. E. TURRENTINE, JR. , County Clerk and Ex Officio Clerk of the
Commissioners -Court of Harris County, Texas, do hereby certify that the above
and foregoing is a true and correct copy of an _order made and entered by the
Commissioners Court on the e*':f/day of , 1973, as it appears
of record in the Minutes of said Court, Volume 8 ,Page
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the vac day of
1973.
R. E. TURRENTINE, JR. , County Clerk and
Ex Officio Clerk of the Commissioners
Court of Harris County, T e x a s
By
Deputy