Ordinance No. 1,808ORDINANCE NO.1808
AN ORDINANCE OF THECITY COUNCIL OF THECITY OF BAYTOWN,
TEXAS,AMENDING ORDINANCE NO.1775 DULY ADOPTED BY THE
CITY COUNCIL OF THE CITY OF BAYTOWN ON MARCH 27,1975,
BY THE AMENDMENT OF CERTAIN LANGUAGE OF EXHIBIT "A"
THERETO,THE CONTRACT WITH HARRIS COUNTY PROVIDINGFOR
JOINT PARTICIPATION BETWEEN THE CITY AND THE COUNTY
WITHREGARD TO FURNISHING,MAINTENANCE,AND OPERATION
OF JOINT JAIL FACILITIES;AUTHORIZING ANDDIRECTING THE
MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE
AND ATTEST TO SAID AMENDED CONTRACT AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS:
'Section 1:That Ordinance No.1775 duly adopted by the
City Council of the City of Baytown on March 27,1975,is
hereby amended by the amendment of certain language of
Exhibit "A"thereto,the 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.
Section 2:That the City Council of the City of Baytown,
Texas,hereby approves the amended 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 amended contract.A copy of
said amended contract is attached hereto,marked Exhibit
"A,"and made a part hereof for all intents and purposes.
Section 3:This ordinances 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 ^2th day of
June,1975.
TOM GENTRY,Mayor
EDNA OLIVER,City Clerk
NEEITR/caAKSUN,City Attorney
EXHIBIT "A"
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...•863-06-0008 •
THE STATE OF TEXAS )
r COUNTY OF HARRIS >KNOW ALL MEN BY THESE PRESENTS:
THISAGREEMENT,made and entered intoby and between HARRIS COUNTY,
hereinafter called "County"acting herein by and through its County Judge,
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 poli
tic,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.
W^TNESSETH:
WHEREAS,City has a Police,Jail and Municipal Court Complex located
at 3200 North Main Street,Baytown,Texas;and
f*WHEREAS,City and County,pursuant to the provisions 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 bein the best in
terest of the City and the County,and of the citizens and inhabitants thereof,
for the County to utilize the jail facilities of the City;NOW,THEREFORE,the
City and County agree as follows:
I.
City and County agree that,subject to the provisions hereof,hence
forth Citywill house,support,maintain,and confine in the City Jail persons
charged 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 Judge of the City,under any circumstance which
would warrant said person being confined in the County Jail,and holdover
County prisoners,allof said persons being hereinafter referred to as "County
prisoners."
II.
It is 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'^un^/,X :
Jail,and does not refer to the housing,maintenance,support an^confinement^
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863-06-0009 .
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 ofa County prisoner,an officer,agent or employee of the City
will book said County prisoner in the CityJail and that the City will be
responsible forthe care,custody and support of said County prisoner and
his property.The City further agrees that its officers,agents or employees
will not release from custody a County prisoner whohas been booked into the
City Jail^until his discharge is lawfully ordered,or bail bond is furnished
through the County Sheriff's Department or through a Justice of the Peace,
or until he is to be transferred tothe County Jail by a deputy of the County
Sheriff's Department,provided,however,that nothing contained herein shall
be construed to authorize City to incarcerate or hold any person in custody
contrary to the Constitutions and laws of the State of Texas and the United
States of America.
IV.
The City 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 City to a County prisoner
after he has been incarcerated for a period of twenty-four (24)hours shall
be paidby County at a rate not to exceed the actual cost thereof to City.
V.
City will process all Countyprisoners through its identification
procedures before booking said prisoners presented to its officers,agents
or employees by a bona fide peace officer.
VI.'.'v-^V"._v:
•■■*■'*'
.*•'•"'■.»•■v.'"/*';■>■'■■During the confinement of a County prisoner in the CityvJa'il,City'"'-;!V
agrees to furnish all necessary medical treatment and hospitalization.fo*!/'''•
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8C-06-00I0
all County prisoners whether they become injuredor sick before or after being
booked into the City Jail.As County prisoners are actually lodged in the
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.
County will pay City the actual cost of such medical treatment and hospitalization.
VII.
,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 City Jail.
VIII.
It is further agreed that 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 keptby the jailor or jailors,now or hereafter hired
by City,showing the date and time when such prisoners are imprisoned,the
date and time of release,and any andall other information that may be re
quired by law of County or 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 County agrees to pay to City,the sum of Forty-seven
Thousand Seven Hundred and No/100 ($47,700.00)Dollars for said year that this
contract is in effect,said payment being based upon the best estimate by the
parties of the actualcosts of providing these services.After the services
(provided for in this agreement)have been furnished by City to County,City
will bill County for the above mentioned amount of Forty-seven Thousand S,even
Hundred and No/100 ($47,700.00)Dollars,the amount for feeding
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863-06-0011
theyhave been held for more than twenty-four (24)hours under paragraph IV
hereof,and the amount for medical treatment and hospitalization under para
graph VI hereof.Within thirty days (30)after receipt of such billing,Harris
County will pay City the amount thereof.However,notwithstanding anything
herein contained to the contrary,or that may be construed to the contrary,
in no event will County be obligated to pay City morethan Forty-eight Thousand
Seven Hundred and No/100 ($48,700.00)Dollars forandin consideration of the
performance of this agreement byCity.It is further expressly understood that
County has the maximum sum of Forty-eight Thousand Seven Hundred and No/100
($48,700.00)Dollars allocated to fully discharge its obligation under this
agreement and it is understood and agreed that the total maximum amount that
i
County shallbe liable to pay City hereunder shall not under any conditions,
I
circumstances or interpretations hereof exceed the sum of Forty-eight Thousand
Seven Hundred and No/100 ($48,700.00)Dollars.
XI.
Notwithstanding anything herein to the contrary,orthat may be
construed to the contrary,it is expressly understood and agreed that in the
performance of this agreement,City will observe and comply with all State
and Federal laws and regulations in any manner affecting the performance of
this agreement.
EXECUTED in triplicate originals,this the y^day of
1975,to be effective June 1,1975.
HARRIS COUNTY
ATTEST:
JONMNDSAHarr4sCounty,Texas
CITY OF BAYTOWN
County Judge y
.Tbydc '
EDNA OLIVER,City Clerk
City of Baytown,Texas
APPROVED ASTO FORM:
f JERRYS.SCHANK
^Senior Assistant County Attorney
Harris County,Texas
TOM GENTRY,Mayor
City of Baytown,Texas
I hereby certify that funds are
available in the amount of
$48,700.00 to pay the obligation
of Harris County under and within
the foregoing contract.
NEEL RICHARDSON,City Attorney
City of Baytown,Te
\JACK HEARD,SherifJ
Harris County,Texas
S.G.FULLERTON
County Auditor
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863-06-00f2ORDERAUTHORIZINGEXECUTIONOFAGREEMENTBETWEEN
HARRISCOUNTY AND THE CITY OF BAYTOWN FOR THE
HOUSING OF PRISONERS
THE STATE OF TEXAS )
(
COUNTY OF HARRIS )
On this,the *day of /n^Ub ,1975,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
T&4L%tJCJ ,seconded by Commissioner S&4£L*4<-sL*/duly put and
carried,
IT IS ORDERED that County Judge Jon Lindsay be,and he is hereby,
authorized to execute an Agreement by and between HarrisCounty and the City
of Baytown,providing for the housing of prisoners in the City of Baytown
Jail,under the terms and provisions as set outin 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 isa 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 87,page
GIVENUNDER MY HAND AND SEAL OF OFFICE,this the day of
,1975.
R.E.TURRENTINE,JR.,County Clerk and
Ex Officio Clerk of Commissioners Court
of Harris County,Texas
By
Deputy
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