Ordinance No. 2,654W
ORDINANCE NO. 2654
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AN ORDINANCE 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
PARTICIPATION 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:
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 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.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown this 11th day
of April , 1979.
-- ATTEST:
,J -
-EILEEN P. HALL, City Clerk
APPROVED:
SCOU &Kt-�
SCOTT BOUNDS, City Attorney
METT 0. HUTTO, Mayor
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THE STATE OF TEXAS X
X KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS I
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, Article 4413 (32c),
Revised Civil Statutes of the State of Texas, 1925, as
amended, have determined that it would be in the best interest
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, henceforth City will house, support, maintain and
confine in the City Jail persons charged with offenses
within the jurisdiciton 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."
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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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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 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 -Two Thousand and No /100 ($62,000.00)
Dollars for said twelve (12) 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,
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 -Two and No /100
($62,000.00) 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 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 more than Sixty -Three Thousand and No /100
(63,000.00) Dollars for and in consideration of the performance
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of this agreement by City.
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It is further expressly understood
that County has the maximum sum of Sixty -Three Thousand and
N01100 ($63,000.00) 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 Sixty -Three Thousand
and No /100 ($63,000.00) 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, this the 21 .x�
day of , 1979, to be effective February 1, 1979.
ATTEST:
EILEEN P. HALL, City Clerk
City of Baytown, Texas
APPROVED AS TO FORM:
RR SCHANK
eni r Assistant County
Attorney
SCOTT BOUNDS, City Attorney
City of Baytown, Texas
APPROVED:
JACK HEARD, Sheriff
Harris County, Texas
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HARRIS COUNTY
By Q� 4"1�4
JON INDSAY, County Ju ge
Harris County, Texas
CITY OF BAYTOWN
By
EMMETT HUTTO, Mayor
City of Baytown, Texas
I hereby certify that funds are
available in the amount of
$63,000.00 to pay the obligation
of Harris County under and within
the foregoing contract.
S. G. FULLERTON
County Auditor
904iT
ORDER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN
HARRIS COUNTY AND CITY OF BAYTOWN FOR THE
HOUSING OF PRISONERS
THE STATE OF TEXAS X
X
COUNTY OF HARRIS X
On this, the -Z day of , 1979, 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
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 X
X
COUNTY OF HARRIS X
I, ANITA RODEHEAVER, 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 , 1979, 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 , 1979.
ANITA RODEHEAVER, County Clerk
and Ex Officio Clerk of Commissioners
Court of Harris County, Texas
By
Deputy