Ordinance No. 3,807ORDINANCE N0. 3807
AN ORDINANCE AUTHOiRHZINC, AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WHH
HARRIS COUNTY PROVKXNG FOR JOINT pARTKWATICN BETWEEN
THE CITY AND THE COMITY WITH REGARD TO THE FUR"MeH ;,
MAINTENANCE AND OPERAT30N OF JOINT JAIL FACRITIES; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
tff rsrtt�t #e• rfff •as *tftsst+rttat•rtef sr *..ta- t.t�r+►•tt•ar s.�.t.s•�tt�t�ass�s
BE IT ORDAINED BY THE CITY COUNCIL OF TIE CITY OF BAYTOWN,
TEXAS:
Section is That the City Council of the City of Baytown, Texas, hereby
approves a contract with Harris County and authorizes the Mayor and City Clerk of
the City of Baytown to execute and attest to said Contract for joint participation
i.
between the City and the County with regard to the furnishing, maintenance and
operation of joint jail facilites. A copy of said contract :s attached hereto, marked
Exhibit "A ", and made a part hereof for all intents and purposes
Section 2: This ordinance shall take effect immediately 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 the 22nd day of March, 1984.
11
ATTEST:
v. •�9
, C ty lerk
,w
Ll
•
C
C7
THE STATE OF TEXAS e
2 -13 -84 40322 6a 'V 418
- �,• -.,.
COUNTY OF HARRIS 6 KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT, made and entered into by and between
HARRIS COUNTY, hereinafter called 'County" actirq herein by and
,..
® through its County Judge, e,
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.
r�
0
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, commencing March 1, 1984, ending February 28, 1985, City
will house, support, maintain and confine in the C _ty 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."
E
0
L
40322'-6b
II
It is expressly agreed and understood that the provisions
of this Agreement relating to the housing., .mai -ntena -rice, 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, 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 he 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, mcals furnished
-2-
:7
L'
r
L J
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 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
I.
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 P prisoners to a hospital when necessary, without `1
a
® 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- e
ported 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.
-3-
Ll
11
El
:7
:M
Ix
A 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
information that may be required by law Of County or City with re-
``„ Bard to prisoners.
X
The term of tiiS contract is for a period Of twelve (12) .
months from the effective date hereof, and County agrees to pay to
City, the sum Of Seventy Five Thousand and
N01100 Dollars
($75,000.00) for said twelve
(12) months that this contract is in
effect, said payment being based upon the best estimate by the par-
ties 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 ser-
vices (provided for in this Agreement) have been furnished by City
to County, City will bill County for the above-mentioned amount of
Seventy Five Thousand and No/100 Dollars . ($75,000.00), 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�ity the amount thereof. However, notwithstanding anything here-
in contained to the contrary, or that may be construed to the con-
trary, in no event will County be obligated tc Pay City more than
Seventy Six Thousand and No/100 Dollars ($76,000.00) for and in con-
sideration of the performance of this Agreement by City. It is fur-
ther expressly understood that County has the maximum sum of Seventy
Six Thousand and No/100 Dollars (576,000-00) allocated to fully dis-
charge its obligation under this Agreement and it is understood and
-4-
4
El
•
-oe- -
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 Six Thousand
and No /100 Dollars ($76,000.00),
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 regulations in any
manner affecting the performance of this Agreement.
EXECUTED in duplicate originals, this the 210
day
of 1984, to be effective March 1, 1984.
ATTEST:
HARRIS COUNTY
By
N LINDSAY, County udge
Harris County, Texa
CITY OF RAYTOWN
EILEEN P. HALL, City Clerk ALL CANNON, Mayor
City of Baytown, Texas
APPROVEn AS TO FORM:
MIRE DRISCOLL
County Attorney
DONNA L. - -OLBUN
Assistant County Attorney
• RANDY S G, City orney
City of Baytown, as
I hereby certify that funds are
available in the amount of
S76,000.00 to pay the obligation
of Harris County under and within
the foregoing contract.
J. F. FLACK
County Auditor
APPROVED:
JAC EARD, Sheriff \
Harris County, Teras \
f
1
-5-
r
L J
C.
P
ORDER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN
HARRIS COUNTY AND CITY OF BAYTOWN
FOR THE HOUSING OF PRISONERS
THE STATE OF TEXAS 5
COUNTY OF HARRIS S
On this, the 7� � of
y 1984, 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
P
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 pris-
oners 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.
F-.�
C
P'ESeot -. L0ORT
COMMISSION f
D FaQ
Recorded
C111
Ll
2 -13 -P4
40322-69
KNOW ALL MEN BY THESE !'RESENTS:
COUNTY OF HARRIS S
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:
I
City and County agree that, subject to the provisions
hereof, commencing March 1, 1984, ending February 28, 1985, 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 co as "County
Prisoners."
EXHIBIT q
E.
C�
CJ
El
9
7
I•
v
40322-6h ~
Iz
It is expressly agreed and understood that the provisions
of this Agreement relating to the horising, 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, of County prisoners arrested in the
Raytown 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, mealy furnished
-2-
El
•
•
-
4 032
fs. 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 iden-
tification procedures before hooking said prisoners presented to its
' officers, s, agents or employees by a bona fide
l 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.
VI I
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.
VI II
• 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.
-3-
C7
�J
4613 2 63
Ix
A Hook shall be kept by the jailor or jailors, now c- 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
information that may be required by law of County or City with re-
gard to prisoners.
X
i The term of this contract is for a period of twelve (12)
r:
months from the effective date hereof, and County agrees to pay to
City, the sum of Seventy Five Thousand and N01100 Dollars
($75,000.00) for said twelve (12) months that this contract is in
effect, said payment being based upon the best estimate by the par -
ties 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 VII hereof. After ser-
vices (provided for in this Agreement) have been furnished by City
to County, City will bill County for the above - mentioned amount of
Seventy Five Thousand and No /100 Dollars ($75,000.00), 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 here-
in contained to the contrary, or that may be construed to the con-
trary, in no event will County be obligated to pay City more than
• Seventy Six Thousand and No /100 Dollars (S76,000.00) for and in con-
sideration of the performance of this Agreement by. City. It is fur-
ther expressly understood that County has the maximum sum of Seventy
Six Thousand and No /100 Dollars ($76,000.00) allocated -to fully dis-
charge its obligation under this Agreement and it is understood and
-4-
:i
E
E
C
U
40322-6k
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 Six Thousand
and N01100 Dollars ($76,000.00).
XI
Notwithstanding anything herein to the contrary, or that
Ir1;
r' 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 , 1984, to be effective March 1, 1984.
HARRIS COUNTY
BY '�'a
N LINDSAY, County udge
Harris County, Texa
ATTEST: CITY OF BAYTOWN
EILEEN P. HALL, City Clerk ALLEN CANNON, Mayor
City of Raytown, Texas
APPROVED AS TO FORM:
MIKE DRISCOLL
County Attorney
� .a. 6u—
DONNA L. STOLBUN
Assistant County Attorney
• RANDY TRO , Cit orney
City of Raytown, xas
APPROVED:
JACK EARD, Sheriff
Har is County, Texas
I hereby certify that funds are
available in the amount of
576,000.00 to pay the obligation
of Harris County under and within
the foregoing contract.
J. F. FLACK
County Auditor
-5-
El
E
E