Ordinance No. 2,280M
ORDINANCE NO. 2280
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 PROVIDING FOR JOINT PARTI-
CIPATION BETWEEN THE CITY AND THE 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 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 this 11th day
of August , 1977.
TOM GENTRY, Mayor
ATTEST:
EILEEN P. HALL, ity Clerk
APPROVED:
NEEL R HARDSON, City Attorney
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E X H I B I T "A"
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THE STATE OF TEXAS )
(
CWNTY OF HARRIS )
#11,673
7810
KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT, made and entered into by 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 BAYTO:tN, 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 I T N E S S E T H:
MEREAS, 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 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 City will house, support, maintain and confine in the 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, under any circumstances which
would warrant said persons being confined in the County Jail, and holdover
County prisoners, all of 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 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
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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 of a County prisoner, an officer, agent or employee of the City
will book said County prisoner in the 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 not release from custody a County prisoner who has 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 to the 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 Constitution and laws of the State of Texas and the United
States of America.
N.
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 County at a rate not to exceed the actual 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 of a bona fide peace officer.
VI.
During the confinement of a County prisoner in the 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 Jail. As County prisoners are actually lodged in the
City Jail, City agrees that its officers, agents or employees will summon
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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 kept by 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 and all other information that may be re-
quired by law of County or City with regard to prisoners.
X.
7he term of this contract is for a period of eight (8) months from the
effective date hereof, and. County agrees to pay to City, the sum of Thirty -seven
Thousand Four Hundred Ninety -three and 36/100 ($37,493.36) Dollars for said
eight (8) months that this contract is in effect, 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 furn-
ished by City to County, City will bill County for the above mentioned amount of
Thirty -seven Thousand Four Hundred Ninety -three and 36/100 ($37,493.36) Dollars,
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 (30) days after
receipt of such billing,.Harris County will pay City the mount thereof. However,
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notwithstanding anything herein contained to the contrary, or that may be con-
strued to the contrary, in no event will County be obligated to pay City more
than Thirty -eight Thousand One Hundred Sixty and 03 /100 ($38,160.03) Dollars
for and in consideration of the performance of this agreement by City. It is
further expressly understood that County has the maximum sum of Thirty -eight
Thousand One Hundred Sixty and 03/100 ($38,160.03) Dollars allocated to fully .
discharge its obligation under this agreement and it is 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 Thirty -eight Thousand One Hundred Sixty and 03/100 ($38,160.03) Dollars.
XI.
hbtwithstanding anything herein to the' contrary, or that may be con-
strued to the contrary, it is expressly understood and agreed that in the per-
formance 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.
ca:r:�6 -, EXECUTED in duplicate originals, this the
1977, to be effective June 1, 1977.
ATTEST:
EILEEN P. HALL, City Clerk
City of Baytown, Texas
day of
HARRIS COUNTY.
By
JON LIN�?SAY, County Judge
Barris Texas
CITY OF BAYTOWN
By
TOM GENTRY, Mayor
City of Baytown, Texas
APPROVED AS TO FORM: I hereby certify that funds are
available in the amount of
.• .�_ -� �� _�1 $38,160.03 to pay the obligation
/
JERRY/1Y. SCHANK of Harris County under and within
Senior Assistant County Attorney the foregoing contract.
NEEL RICHARDSON, City Attorney
City of Baytown, Texas
,...,e
JACK HEARD, Sheriff
Harris County, Texas
S. G. FULLERTON
County Auditor
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'181,4 -
ORDER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN
HARRIS COUNTY AND CITY OF BAYTOWN FOR THE
HOUSING OF PRISONERS
THE STATE OF TEXAS )
COUNTY OF HARRIS )
On this, the day of , 1977, the Commissioners
Court of Harris County, sitting as the governing body of Harris County, Texas,
bein convened at a regular meeting of the C u t, upon motion of Commissioner -
,.c: seconded by Commissioner , 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 housing of prisoners in the City of Baytown.
Jail, 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 )
COUNT3t OF HARRIS )
I, R. E. , 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 , 1977, as it appears of
record in the Minutes of said Court, Volume 95, page
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 1977.
R. E. TURRENTINE, JR., County Clerk and
Ex Officio Clerk of Commissioners Court
of Harris County, Texas
By
Deputy