Ordinance No. 3,13010423 -5
ORDINANCE NO. 3130
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 23rd day of
April , 1981.
EMMETT 0. HUTTO, Mayor
ATTEST:
t
EILEEN P. HALL, City Clerk
APPROVED:
RA4DALL B. ST G, City Att ey
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THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
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 politic, 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:
1.
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 juris-
diction 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 herein-
after referred to as "County Prisoners."
II.
It is expressly agreed and understood that the provisions
of this Agreement relating to the housing, maintenance, support,
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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, 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 hold-
over 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 re-
lease 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, how-
ever, 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 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 paid by County at a rate
not to exceed the actual cost thereof to City.
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V.
City will process all County prisoners through its iden-
tification procedures before booking said prisoners presented to its
officers, agents or employees by 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 trans-
ported to a hospital. County will pay City the actual cost of such
medical treatment and hospitalization.
VIZ.
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 here-
after hired by City, showing the date and time when such prisoners
are imprisoned, the date and time of release, and any and all other
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information that may be required by law of County or City with re-
gard 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 Eight Thousand and No /100 Dollars ($68,000.00)
for said twelve (12) months that this contract is in effect, said pay-
ment 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 hospital-
ization 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 Eight Thousand and
No /100 Dollars ($68,000.00), 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 Nine Thousand and No /100 Dollars
($69,000.00) for and in consideration of the performance of this
Agreement by City. It is further expressly understood that County
has the maximum sum of Sixty Nine Thousand and No /100 Dollars
($69,000.00) 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 Sixty Nine Thousand and No /100 Dollars ($69,000.00).
XI.
Notwithstanding anything herein to the contrary, or that
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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 1981, to be effective `larch 1, 1981.
ATTEST:
HARRIS COUNTY
By
!tL ,TON �TNDSAX, County udge
HariVis County, Texas
CITY OF BAYTOWN
EILEEN P. HALL, City Clerk :METT HUTTO, lei for
„r City of Baytown, Texas
APPROVED AS TO FORM:
MIKE DRISCOLL
County Attorney
DO ON
As ista u. y Attorney
P-Ri—AAN—DYSTRON , City At ney
City of Baytown, Te
APPROVED:
JA� K - 9EARD, Sheriff
Har,`is County, Texas
1 hereby certify that funds are
available in the amount of
$69,000.00 to pay the obligation
of Harris County under and within
the foregoing contract.
S. G. FULLERTON
County Auditor
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M
ORDER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN HARRIS COUNTY
AND CITY OF B.AYTOWN FOR THE HOUSING OF PRISONERS
THE STATE OF TEXAS §
COUNTY OF HARRIS §
On this, the day of 1981, 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 ��', /L.� , seconded
by Commissioner /GC 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.
p��spntst� C.
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