Ordinance No. 1,507ORDINANCE NO.1507
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
TO PARTICIPATE IN THE HARRIS COUNTY ORGANIZED CRIME CONTROL UNIT
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS,pursuant to the provisions of the Inter!oca!Cooperation Act,
Article 4413 (32c),Revised Civil Statutes of the State of Texas have determined
that it would be in the best interest of cities and counties and of the citizens
and inhabitants thereof that joint participation in various law enforcement pro
grams are desirable;and
WHEREAS,the Law Enforcement Assistance Administration makes grants to
States to improve and strengthen law enforcement;and
WHEREAS,the Harris County Organized Crime Control Unit will receive a
grant from the Texas Criminal Justice Council for a period of one year;and
WHEREAS,the City of Baytown desires to enter into said agreement with
the County of Harris;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1:That the City Council of the City of Baytown,Texas,hereby
approves the contract providing for participation in the Harris County Organized
Crime Control Unit and authorizes and directs the Mayor and City Clerk of the
City of Baytown to execute and attest to such agreement,a copy of said agreement
is marked Exhibit "A",attached hereto, and made a part hereof for all intents
and purposes.
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 20th day of November ,1973.
TOM GENTRY,Mayor
ATTEST:
EDNA OLIVER,City Clerk
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APPROVED:
NEEL
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EXHIBIT "A"
?5Jr:rw 10-Z5-""=11,533
yv AGREEMENT
THE STATE OF TEXAS )*/
COUNTY OF HARRIS
THIS AGREEMENT,made and entered Into by and between HARRIS COUNTY,
a body corporate and politic under the laws of.the'State of Tex.is,hereinafter
called "County",and ,a municipal corporation
under the laws of the State of Texas,hereinafter called "City",'
WITNESSETH:
WHEREAS,The Omnibus Crime Control and Safe Streets Act of 1968 has
defined Organized Crir.e as unlawful activities of members of a lighly orca-Uzi
disciplined association engaged in supplying goods and services;and
WHEREAS,the Act authorized the Law Enforcement Assistance Administra
tion to make grants to States to improve and strengthen law enforcement;and
WHEREAS,the County made a grant application to the Texas Criminal
Justice Council for continuance of a grant project known as the Harris County
Organized Crime Control Unit,hereinafter referred to as H.C.O.C.C.U.,on May 25,
1973,for a period of one year to commence on July 1,1973,and terminate on
June 30,1974,reference to which grant application is here made for all purposes
as fully as 1f set out word for word herein;and
WHEREAS,such grant application was awarded by the Texas Criminal
Justice Council on August 8,1973,as Grant Number AC-3-G2-1786,reference to
f*which award is here made for all purposes as fully as 1f set out word for word
herein;and
WHEREAS,the said grant application or a duly authorized amendment
thereto calls for the participation and cooperation of the City in the form of
personnel to be supplied to the H.C.O.C.C.U.,and provides for certain reim
bursement to the City for use of City vehicles by such personnel;and
WHEREAS,the City has examined and is familar with the said grant
application and award and all amendments thereto,together with the regulations,
guidelines and requirements apDlicable thereto,and the City desires to partici-
pate and cooperate in the H.C.O.C.C.U.program:
/0
NOW,THEREFORE,in consideration of the City's promise to:
1.Participate and cooperate 1n the said H.C.O.C.C.U. grant program
from the Texas Criminal Justice Council and furnish City police officers
on a %time assignment basis to the H.C.O.C.C.U.,the qualifications
of which personnel shall be subject to approval of the Project Director.
2.Provide City vehicles for the use.of the said City police
officers while participating 1n the H.C.O.C.C.U.program.
3.Furnish to the County for each calendar month during the term of
this agreement a vehicle use affidavit,executed by the City Chief of Police,
stating the daily mileage,accompanied by daily odometer readings In_and Cut.
for vehicles used by personnel assigned to the H.C.O.C.C.U.,to be submitted
by the 10th day of the next calendar month.
4.Furnish to the County all information and reports required by
the Project Director or the Texas Criminal Justice Council or the Law Enforce
ment Assistance Administration for the purpose of determining matching man
hour per month contributions,and use of City vehicles provided for use by
participating personnel,and to make all such personnel and vehicle records,
together with any other related records,(hereinafter referred to as the records),
available for inspection by the Comptroller General of the United States,the
U. S.Justice Department and the State of Texas.
5.Maintain the records for three (3)years after final payment,
or until a Federally approved audit has been made and all questions arising
therefrom are resolved.
County hereby agrees to:
1.Provide reimbursement to the City for the operation and mainte
nance of City vehicles provided for use by personnel participating in the
H.C.O.C.C.U.,at five cents (5<t)per mile to be paid within twenty (20)days
after receipt of the vehicle use affidavit.
2.Promptly notify the City of any vehicle operation and maintenance
reimbursement claims which have been reported to the County,and have been
determined to have a questionable allowability status under the program regula
tions.
2.
It 1s mutually agreed and understood by the City and County that:
it ...1.Operation/and maintenance reimbursement claims of questionable
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allowabiHty status under the program regulations jd 11 be withheld from
reimbursement to City until the grant has been audited and the actual allow-
ability determined by mutual agreement of the parties or by an luditcr of the
State or Federal Government./-
-2.The City is only one of a number of municipalities and govern
mental agencies that are participating in this H.C.O.C.C.U.program and are
seeking reimbursement for vehicle operation and maintenance,ani inasmuch as
1t is recognized by all such participants that:
a.-Program funds for vehicle operation and maintenan:e reimburse-
ment are limited by the grant and the County's total combined
liability to all participants shall not under any condition,
or circumstances exceed the amount that the County shall re
ceive from the Texas Criminal Justice Council for the purpose of
paying vehicle operation and maintenance reimbursement,
b.Vehicle use by participants will vary in accordance with their
assignments,
c.It is In the best interest of participants and the accomplish-
ment of the H.C.O.C.C.U.program objectives that fund alloca
tions be flexible and that the Project Director have full and
final authority to determine the allocation of the vehicle
operation and maintenance funds which are received for this
H.C.O.C.C.U.program,and
accordingly,the County,acting through the H.C.O.C.C.U.Project Director,
reserves the right to reduce any claim for reimbursement submitted hereunder if
grant fund receipts are insufficient to pay claims of all participants,or to
reject such claim if no grant funds are available to pay 1t,with or without-
prior notice to the.City,and no such reduction or rejection shall give rise to
a cause of action by the City against the County.However,the County,acting
through the Project Director,will promptly advise the City of any difficulty
which the Project Director may perceive to be arising in the receipt or allocation
of grant funds.
3.
3.The special nature of the Investigations to be conducted hereunder,
and the need for bothrparties to retain control over assignment of their law
enforcement officers,make 1t imperative that eith'er the City or the County be
able to terminate this agreement at any time,upon written notice to the other
party.Accordingly,either party may terminate this agreement upcn written notice
to the other party of termination,without the necessity of giving reason for such
termination,provided that advance notice of the time of termination will be
given,1f the circumstances make.it possible.
4. In the event of termination,the City shall be er.t'tled to vehicle
operation and maintenance reimbursement up to the day of termination,and shall
submit a final vehicle use affidavit and all other records and reports riouired
by the terns of this agreement for the month during which termination occurred,
and the County shall make reimbursement in accordance with the terms hereof.
5.Personnel furnished to the H.C.O.C.C.U.under the terms of this
agreement shall remain the agents,officers and employees of the City,and shall
not be considered agents,officers or employees of the County,and the City ac-
knowledges full legal responsibility for any illegal acts or torts which they
may commit,and agrees to hold the County harmless therefor.
6.The furnishing of City personnel hereunder is for the purpose of
maintaining the City contribution as a participant in the H.C.O.C.C.U.program,
and the County shall not under any conditions,circumstances or interpretations
hereof be liable for payment of the salary of personnel furnished by the City,
nor shall the City be entitled to any remuneration except the reimbursement for
vehicle operation and maintenance hereunder.
7.Any notice required to be furnished by the County to the City may
be furnished by certified mail,return receipt requested,addressed to
,Chief of Police,City Hall,",Texas,
and any notice required to be furnished by the City to the County may be furnished
by certified mail,^return receipt requested,addressed to H.C.O.C.C.U. Project
Director,c/o Harris County Sheriff,Criminal Courthouse and Jail Building,
Houston,Texas.--
4.
The term of this Agreement shall be from July 1,1973,to June 30,
1974, unless sooner terminated according to the terms hereof.
EXECUTED in duplicate originals,this day of ,
1973.■-••
ATTEST:
By.
CITY
City Secretary
FORM PREPAID BY
JOE RESVfEBEr:,County Attorney
PAUL BIBLER,JR.,Assistant
County Attorney
10/29/73
By
MAYOR
HARRIS COUNTY
By.
V
BILL ELLIOTT,County Judge
5.
10-26-73 *i 1,552
order authorizing execution of agreementBetween
•*i AND HARRIS COUNTY
THE STATE OF TEXAS )
COUNTY OF HARRIS )
On this the 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 cf Commissioner
,,seconded by Commissioner .
duly put and carried,
It is ORDERED,that County Judgs BILL ELLIOTT be,and he is hereby,
authorized to execute an Agreement between
and HARRIS COUNTY,providing for the participation of the said City in a grant
program known as "Harris County Organized Crime Control Unit,"as set out in
said Agreement,which said Agreement is hereby referred to and made a part here
of 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 in regular session on the day of ,
1973,as 1t appears of record in the Minutes of said Court,Volume 82,Page
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the day of
__,1973.
R.E.TURRENTINE,JR.,County Clerk and
Ex Officio Clerk of the Commissioners
Court of Harris County,Texas
By,•
Deputy