Ordinance No. 2,021ORDINANCE NO.2021
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK OF THE CITYOF BAYTOWN TO EXECUTE AND ATTEST TO A
CONTRACT WITH HARRIS COUNTY PROVIDING FOR JOINT PARTI
CIPATION BETWEEN THE CITY AND THE COUNTYWITH REGARD TO
FURNISHING,MAINTENANCE,AND OPERATION OF JOINTJAIL
FACILITIES AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BEIT ORDAINED BY THECITY 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
is attached hereto,marked Exhibit "A,"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 this10th day of
June ,1976.
TOM GENTRY,Mayor
ATTEST:^
EILEEN P.HALL,City Clerk
APPROVED:
NEEL RHTHRRDSON,City Attorney
EXHIBIT "A"
THE STATE OF TEXAS )
(
COUNTY OF HARRIS )
KNOW ALL MEN BY THESE PRESENTS:
THIS ftSREEMENT,made and entered into by and between HARRIS COUNTY,
hereinafter called "County"acting herein by andthrough 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 ofthe general laws of the State of
Texas,acting herein by and through its Mayor,thereunto duly authorized.
WITNESSETH:
WHEREAS,City has a Police,Jail and Municipal Court Complex located
at 3200 North Main Street,Baytown,Texas;and
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 be in the best in
terest oftheCity and the County,and of the citizens and inhabitants thereof,
for the County to utilize the jail facilities of the City;
NOW,THEREFORE,theCity 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 City Jail persons
charged with offenses within the jurisJictionof 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 circumstances which
would warrant said persons being confined inthe County Jail,and holdover
County prisoners,all of said persons being hereinafter referred to as "County
prisoners."
II.
It is expressly agreed andunderstood 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 confinenent for a period not to exceed forty-eight (48)hours,or County
prisoners arrested in the Baytown area and awaiting transfer to the 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 uponpresentation by a duly authorized
peace officer of a County prisoner,an officer,agent or employee of the City
willbook said County prisoner inthe City Jail and that the City will be
responsible for the care,custody and support of said County prisoner and
his property.The City further agrees that its officers,agents or employees
will notrelease from custody a County prisoner who has been booked into the
City Jail until his discharge is lawfully ordered,or bail bond is furnished
throughthe County Sheriff's Department orthrougha Justice of thePeace,
or until he is tobe transferred to the CountyJail 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 tothe Constitutionand 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 paid by Countyata rate not to exceed theactual cost thereof to City.
V.
City will process all County prisoners through its identification
procedures before booking said prisoners presented to its officers,agents
or employees bya bona fide peace officer.
VI.
Duringthe confinement of a County prisoner in theCity Jail,City
agrees to furnish all necessary medical treatment and hospitalization for
all County prisoners whether they become injured or sick beforeorafter being
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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 chargeof the shift
of the City Jail will determine,upon presentation of any County prisoner,
whether or not at that timethe prisoner shall be transported to a hospital.
County will pay City the actual cost ofsuch medical treatment and hospitalization.
VII.
City may refuse toaccept an injured County prisoner when inthe
judgment of the Police Chief or his designated representative medical attention
is necessary beforethe prisoner is committed to the City Jail.
VIII.
It is further agreed that City in its discretion shall appoint as
many jailors,relief jailors orother employees as are necessary to operate
the City Jailand premises.Said employees areto 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 City,showing the date and timewhen such prisonersare imprisoned,the
date and time of release,and anyandall 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 sun of Fifty-six
Thousand Two Hundred Forty and No/100 ($56,240.00)Dollars for said year that
this contract is in effect,said payment beingbased upon the best estimate
by the parties of theactual costs 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 Fifty-six Thousand Two
Hundred Forty and No/100 ($56,240.00)Dollars,theamount for feeding prisoners
after they have beenheld for more than twenty-four (24)hours under paragraph
IV hereof,and the amount for medical treatment and hospitalization under
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VI hereof.Within thirty (30)days after receipt of such bUUn7.
Cointy will pay City the amomt thereof.However,notwithstanding
herein contained to the contrary,orthat may be construed to the
contrary,in no event will County be obligated to pay city rarethan Fifty-
seven Thousand Two Hundred Forty and No/100 ($57,240.00)Dollars for and in
consideration of the performance of this agreement by City.It is further
expressly understood that County hasthe maximum sum of Fifty-seven Thousand
Two Hundred Forty and No/100 ($57,240.00)Dollars allocated to fully discharge
its obligation under this agreement and itis understood and agreed that the
total maximum amount that County shall be liable to pay City hereunder shall
not under any conditions,circumstances or interpretations hereof exceed the
sum of Fifty-seven Thousand Two Hundred Forty andNo/100 ($57,240.00)Dollars.
XI.
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,City will observe and comply with all State
and Federal laws and regulations in any manner affecting the performance of
this agreement.
EXECUTED in duplicate originals,thisthe &C'day of
,1976,tobe effective June 1,1976.
HARRIS COl
By
ATTEST:
EDNA OLIVER,City Clerk
City of Baytown,Texas
APPROVED ASTO FORM:
JON LINDSAY County J
Harris County,Texas
CITY OFBAYTOWN
By.
u3ge^I
/JERRY,'?.SCHANK ^
Senior Assistant County Attorney
NEEL RICHARDSON,CityAttorney
City of Baytown,Texas
APPROVED:
TOM GENTRY,Mayor
City of Baytown,Texas
I hereby certify that funds are
available in the amount of
$57,240.00 to pay the obligation
of Harris County under and within
the foregoingcontract.
S.G.FULLERTON
County Auditor
JACK HEARD,Sheriff
Harris County,Texas
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EXECUTION OF AGREEMENT BETVEEN
■TVpRjs COUNTY AND CITY OF BAYTOWN EOR THE
"^HOUSING OF PRISONERS
OF TBCAS )
OF HARRIS )
On this,the day of ,1976,the Conuni ssioners
Court of Harris County,sitting as the governing body of Harris County,Texas,
being convened ataregular meeting of the Court,upon motion of Commissioner
t seconded by Commissioner &Cj%2C--£*<lS ,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 Harris County and the City
of Baytown,providing for the housingof prisoners in the City of Baytown
Jail,under the terms and provisions as setout 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.TURPENTINE,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 ofan Order made and entered bythe
Commissioners Court on the day of ___^,1976,as it appears of
record in the Minutes of said Court,Volume 91,page
GIVEN UNDER MY HMD AND SEALOF OFFICE,this the
,1976.
dayof
R.E.TURRENTINE,JR.,County Clerk and
Ex Officio Clerk of Commissioners Court
ofHarris County,Texas
By
Deputy
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