Ordinance No. 2,432Id
ORDINANCE NO. 2432
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 PARTIC-
IPATION 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 23rd
of March , 1978.
TOM GENTRY, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
4 5 � �'o v �' /� /a,. e, 4�
TT BOUNDS, City Attorney
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E. X H I B I T "A"
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THE STATI OF TEXAS 0
0 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS 0
THIS AGREEMENT, made and entered into by and
between HARRIS COUNTY, hereinafter called "County" acting
herein by and through its County
duly passed by the Commissioners
the CITY OF BAYTOWN, hereinafter
corporate and politic, organized
of the general laws of the State
and through its Mayor, thereunto
Judge, pursuant to a resolution
Court of said County, and
called "City," a body
and existing by the virtue
of Texas, acting herein by
duly authorized.
W I T N E S S E T H:
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, Ar,
Revised Civil Statutes of the State of
amended, have determined that it would
of the City and the County, and of the
thereof, for the County to utilize the
the City;
title 4413 (32c),
Texas, 1925, as
be in the best interest
citizens and inhabitants
jail facilities of
NOW THEREFORE, the City and County agree as follows:
I.
City and County agree that, subject to the provisions
hereof, henceforth 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 hereinafter referred
to as "County prisoners."
EGO
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AMN 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 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.
IV.
The City shall have complete charge, custody, and
control of all County Prisoners in said jail, including the
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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 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
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E':iployees as ar? necessary to oD?r".ite ti-1,' Citv Jai, --� '-;ii•l
eirreloyees are to to direcctly responsible to the Citv 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 ti . - when such prisoners are imprisoned, the date
and time of release, and any and all other information that may be required by
law of County or City with regard to prisoners.
X.
The term of this contract is for a period of twelve (12) months from
the effective date hereof, and County agrees to pay to City, the sum of Sixty
Thousand and No /100 ($50,000.00) Dollars for said twelve (12) months that this
contract is in effect, said rzynent being based upon the best estimate by the
parties of the actual costs of providing these services, exclusive of the cost
of 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. After services (provided for in
this agreement) have been furnished by City to County, City will bill County
for the above mentioned amount of Sixty Thousand and No /100 ($60,000.00) Dollars,
the amount for feeding prisoners after they have been held for more than
twenty -four (24) hours u-,Aer 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 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 nay City more than Sixty -one Thousand and ib /100 ($61,000.00) Dollars for and
in consideration of the perfor:manoe of this agreement by City. It is further
expressly understood that County has the maximum sum of Sixty -one. Thousand and
No/100 ($61,000.00) Dollars allocated to fully discharge its obligation under
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this agreement and it is understood and agreed that the
total maximum amount, that County sha11 bc liable to pay Cil -.y
hereunder shall not under any conditions, circumstances or
interpretations hereof exceed the sum of Sixty -one Thousand
and No /100 ($61,000.00) Dollars.
XI.
Notwithstanding any-thing 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, this the
day of �IGMI�L�u,, 1978, to be effective February 1, 1978.
HARRIS COUNTY
ATTEST:
By E/er� b.
JON LINDSAY, County Judg
Harris County, Texas
CITY OF BAYTOWN
By
EILEEN P. HALL, City Clerk TOM GENTRY, Mayor
City of Baytown, Texas City of Baytown, Texas
APPROVED AS TO FORM:
ERR-t/-B. SCHANK
Senior Assistant County
Attorney
SCOTT BOUNDS, City Attorney
City of Baytown, Texas
APPROVED:
JACK HEARD, Sheriff
Harris County, Texas
I hereby certify that funds are
available in the amount of
$61,000.00 to pay the obligation
of Harris County under and within
the foregoing contract.
-97—G. FULLERTON
County Auditor
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ORDER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN
HARRIS COUNTY AND CITY OF BAYTOWN FOR THE
HOUSING OF PRISONERS
THE STATE OF TEXAS 0
.0
COUNTY OF HARRIS 0
On this, the 1.2 day of 1978, 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 Co issioner
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.
IT IS FURTHER ORDERED that said Agreement be approved
subject to approval as to form by the County Attorney's Office.
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 ,
1978, as it appears of record in the Minutes of said Court,
Volume , page
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
day of , 1978.
R. E. TURRENTINE, JR., County Clerk
and Ex Officio Clerk of Commissioners
Court of Harris County, Texas
By
. Deputy