Ordinance No. 2,89900522 -3
ORDINANCE NO. 2899
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 22nd day of
May , 1980.
EMMETT 0. HUT TO, Mayor
ATTEST:
'C" ' )�) . d., �V_ �
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. TRONG, Cit ttorney
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E X H I B I T "A"
JBS:ded
THE STATE OF TEXAS §
COUNTY OF HARRIS §
00522 -3b 11,673
4- -17 -80
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
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 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 con-
fine 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 cir-
cumstances 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."
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
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housing, maintenance, support, and confinement for a period
not to exceed forty -eight (48 ) hours, of 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 judically
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 forthe care,
custody, and support of said County prisoner and his property.
The Cityfurther 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 con-
strued 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 con-
trot of all County Prisoners in the City 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
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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 by a bonafide 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 ahospital 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 representa-
tive 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 em-
ployees are to be directly responsible to the City and shall
receive their salaries from the City.
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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 thirteen
(13) months from the effective date hereof, and County agrees
to pay, to City, the sum of Seventy Thousand Four Hundred Fifteen
and No /100 ($70,415.00) Dollars for said thirteen (13) 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 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 Countyfor the above mentioned amount of Seventy Thou-
sand Four Hundred Fifteen and No /100 Dollars ($70,415.00)
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, Harrris County will pay City the amount thereof.
However, notwithstanding anything herein contained to the con-
trary, or that may be construed to the contrary, in no event
will County be obligated to pay City more than SEVENTY -ONE
THOUSAND FOUR HUNDRED FIFTEEN and N01100 DOLLARS ($71,415.00)
for and in consideration of the performance of this agreement
by City. It is further expressly understood that County has
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the maximum sum of SEVENTY ONE THOUSAND FOUR HUNDRED FIFTEEN
and No /100 DOLLARS ($71,415.00) 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 SEVENTY --ONE THOUSAND
FOUR HUNDRED FIFTEEN and N01100 DOLLARS ($71,415.00).
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 regu-
lations in any manner affecting the performance of this agreement.
EXECUTED in duplicate originals, this the /O/day
of , 1980, to be effective February 1, 1980.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
•C7
8RRY . SCHANK
5eni r Assistant
County Attorney
SCOTT BOUNDS, City Attorney
City of Baytown, Tex
APPROVED:
J CK HE Sheriff
arris County, Texas
r
i
HARRI COUNTY
By
JON L DSAY, County J dge
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
$71,415.00 to pay the obligation
of Harris County under and with-
in the foregoing contract.
S. G. FULLERTON
County Auditor
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JBS:ded 4 -17 -80 11,673
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 �y day of�i /`�C 1980, 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�J. ,
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 be and between
Harris County and the City of Baytown, providing for the hous-
ing of prisoners in the City of Baytown Jail, under the terms
and provisions as set out in said Agreement, which said Agree-
ment is hereby referred to and made a part hereof for all purposes
as though fully set out herein.
presented 1 COIJ
COMMISS10
Recorded