Ordinance No. 1,775/
ORDINANCE NO.1775
AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OFBAYTOWN,
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 PARTI
CIPATION BETWEEN THE CITY AND THE COUNTY WITH REGARDTO
FURNISHING,MAINTENANCE,AND OPERATION OF JOINT JAIL
FACILITIES AND PROVIDING FORTHE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1:That theCity Council of the City of Baytown,
Texas,hereby approves the contract providing for joint parti
cipation 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 is attached
hereto,marked Exhibit "A,"and made a part hereof for all
intentsand 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 27th day
of March ,1975.
TOM GENTRY,Mayor
ATTEST:
EDNA OLIVER,City Clerk
APPROVED:
NE
EXHIBIT "A"
THE STATE OF TEXAS |
\KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS J
THIS AGREEMENT,made and entered intoby and between HARRIS
COUNTY,hereinafter called "County"actingherein by and through its
County Judge,pursuant to a resolution duly passedby the Commissioners
Courtof said County,and the City of Baytown,hereinafter called
"City,"a body corporate and politic,organized and existing by the
virtue ofthe general laws of the State of Texas,acting herein by
and through its Mayor,thereunto duly authorized.
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 leaseagreement;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 ofthe State of Texas,1925,as amended,have
determined that it would be in the best interestof such City
and such County and of the citizens and inhabitants thereof,that
joint participation with regard to furnishing,maintenance,and
operationof joint facilities be continued;NOW,THEREFORE,the
City and County agree as follows:
I.
City and County agree that subject to the provisions
hereof,henceforthCity will house,support,maintain,and confine
in the Baytown City Jail personscharged withoffenses 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 Judgeof the City of Baytown,under any circumstance
r which would warrant said person being confined in the Harris County
Jail,and holdover County prisoners,all of said persons being here
inafter referred to as "County prisoners."
Itis expressly agreed and understood that the provisions
of this agreement 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 doesnot refer to the
housing,maintenance,support and confinement or 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 thatupon 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 Cityof Baytown will be responsible for
the care,custody and support of said County prisoner and his property.
The City of Baytownfurther agrees that its officers,agents or employees
will not release from custody a County prisoner who has been booked into
the Baytown City Jailuntil 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 tobe 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 to the Constitutions and laws of the State of Texas
and the UnitedStatesof America.
IV.
The City of Baytown shall have complete charge,custody and
control of all County Prisoners in said jail,including the admission,
release,safekeeping,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
f*not to exceed the actual cost thereof to the City.
V.
TheCity will process all County,prisoners through its
identification procedures before booking said prisoners presented to
its officers,agentsor 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,with
out 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 thattime the prisoner shall be transported to a hospital
TheCounty will pay the City the actual cost of such medical treatment
and hospitalization.
VII.
TheCity may refuse to accept an injured County prisoner
when in the judgment of thePolice Chief or his designated representative
medical attention is necessary before the prisoner is committed to the
Baytown Jail.
VIII.
Itis further agreed thatthe 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 here
after 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.
The term of this contract is for a periodof one (1)year from
the effective date hereof,and the County agrees to pay to City,the sum
3.
&
of FORTY-SEVEN THOUSAND SEVEN HUNDRED AND NO/100 ($47,700.00)DOLLARS
for said year that this contract isin erfect,said payment being
based uponthe best estimate by the parties of the actual costs of
providing these services.After the services (provided for in this
agreement)havebeen furnished by the City to theCounty,the City
will bill the County for the above mentioned amount of FORTY-SEVEN
THOUSAND SEVEN HUNDREDAND NO/100 ($47,700.00),the amount for feeding
prisonersafter they have beenheld for more than twenty-four (24)
hours under paragraph IV hereof,and the amount for medical treatment
and hospitalization under paragraph IV hereof.Within thirty days
(30)after receipt of suchbilling,Harris County will pay the City
the amount thereof.However,notwithstanding anything herein contained
to the contrary,or that may be construed to the contrary,in no
event will the County be obligated to pay the City more than FORTY-
EIGHT THOUSAND SEVEN HUNDRED AND NO/100 ($48,700.00)DOLLARS forand
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-EIGHT THOUSAND SEVEN HUNDRED ANDNO/100 ($48,700.00)
DOLLARS allocated to fully discharge its obligation under this agree
ment 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-EIGHT THOUSAND SEVEN HUNDRED AND NO/100 ($48,700.00)
DOLLARS.
XI.
It is further agreed and understood that on the effective
date of this agreement the present lease agreement between the City and
County shall terminate and cease to have any further force andeffect.
XII.
Notwithstanding anything herein to the contrary,or that may
be construed to the contrary,it is expressly understood and agreed
that in the performance of this agreement,the City will observe and
comply with all State and Federal laws and regulations in any manner
manner affecting the performance of this agreement.
4.
ORDER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN
HARRIS COUNTYAND THE CITY OF BAYTOWN FOR THE
HOUSING OF PRISONERS
THE STATE OF TEXAS j
COUNTY OF HARRIS \
On this,the day of ,1975,the
CommissionersCourt of Harris County,sitting as the governing body
of Harris County,Texas,being convened at a regular meeting of the
Court,upon motion of Commissioner ,seconded
by Commissioner ,duly putand carried.
IT IS ORDERED that County Judge Jon Lindsay be,and he is
hereby,authorized to execute an Agreement by and between Harris
County and the Cityof Baytown,providingfor the housing of prisoners
in the City of Baytown Jail,under the terms and provisions as set
out in said Agreement,which said Agreement is herebyreferred to
and made a part hereof for all purposes as though fully set out
herein.
THE STATE OF TEXAS \
COUNTY OF HARRIS
I,R.E.TURRENTINE,JR.,County Clerk and Ex Officio Clerk
of the Commissioners Court of Harris County,Texas,do hereby certify
that the above and foregoing is a true and correct copy of an order
made and entered by the Commissioners Court on the day of
»1975,as it appears of record in the Minutes of said
Court,Volume 81,Page .
GIVENUNDER MY HAND AND SEAL OF OFFICE,this the
day of ,1975.
R.E.TURRENTINE,JR.,County Clerk
and Ex Officio Clerk of the Commissioners
Court ofHarris County,Texas
By |
Deputy
/$\
0
EXECUTED IN DUPLICATE ORIGINALS,this the day of
_,1975,tobe effective June 1,1975.
HARRISCOUNTY
ATTEST:
By
JON LINDSAY
County Judge,Harris County,Texas
CITY OF BAYTOWN
By
TOM GENTRY
Mayor,City of Baytown,Texas
EDNA OLIVER
City Clerk,City of Baytown,Texas
APPROVED AS TO FORM:
JERRY B.SCHANK
Senior Assistant County Attorney
Harris County,Texas
NEEL RICHARDSON
City Attorney,City of Baytown,Texas
APPROVED:
Sheriff,Harris County,Texas