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Ordinance No. 3,871v f tN1- z+ra+s�,a_.,fu'.°'k` 1 x ORDINANCE No. 3871 AW CTRDUN6WE AUTHORIZM AND DIRECTM. 7FE MAYOR TO f THE CITY CLERK TO ATTEST1O AGREEtyET�T AN /NTERL OCAL WITH HARRIS COMITY FOR. VISUAL ELECTRONIC ST /V PROVEMG FOR TFE EFFECTIVE DATE ham. ,r,•,•��.ma as as as 4MaM lalMtaHaitltF3li4aiMiMli►#wff ilE IT: CffitDAU ED BY THE CITY COUNCIL OF THE CITY OF BAYTOMBI r Sectaon is That the City Council of the City of Baytown, Taxes, hereby A: appw�res an Inteeldeal Agreement with Harris County and authorizes the Mayor and iK5 City Glerk of the-,City of Baytown to execute and attest to said Agnwmennt f6r visual 'electronic devices. A copy of said Agreement is attached hereto, me rked EA1 it "A". and made a Garr haronf fnr 11 :...e..._ _r Section 2. This ordinance shall take effect immediately from and after its 4 presage by City Council of the City of Baytown, INTRODUCED, READ and PASSED by the affirmative vnra of th- r, ; *- F -- M k . ATTEST: KIM I r1 U v C n a y 40614 la,° 7• T i W M AG REEPIENT THE STATE OF TEXAS S ti j. S lot"TY OF tmtkiS' S This Agreement, made and entered into by and between HARRIS .a C00NTY,,hereinafter referred to as "County," acting herein by and �- through its County Judge, pursuant to an Order duly passed by the s Commissioners Court of Harris County, and the CITY OF BAYTOMN, here- inafter' referred "to as "City," a municipal corporation, organised and existing by virtue of the laws of the State of Texas, acting herein by and through its Mayor, thereunto duly authorized. :r„ WITNESS.2TH: WHEREAS, pursuant to Article 6701L -1 of Vernon's Texas Civil Statutes, the County. maintains electronic devices capable of visu- ally recording a person arrested within the County for an offense under Article 6701L -1 or Subdivision (2), Subsection (a), Section 19.05, Penal Code; and .WHEREAS, pursuant to said Article, the- Sheriff of the County desires to provide equipment to ensure that a peace officer arresting a defendant for an offense listed above may visually record the defendant's appearance within a reasonable time after arrest; and WHEREAS, the City, as a part of its responsibility for pro- tecting the .safety and welfare of its citizens, is responsible for enforcing laws concerning operation of a motor vehicle by a driver whose faculties or abilities are or may be impaired by alcohol; and WHEREAS, the County and the City, pursuant to the provisions of the Interlocal Cooperation Act, Article 4413(32c), of the Civil Statutes of the State of Texas, 1925, as amended, have determined that it would be in the best interest of the County and the City and of the citizens and inhabitants thereof for the City to utilize the County's equipment; EXHIBIT A n v Ll C7 0 El NOW, THEREFORE, the County and the City agree as follows: I The County agrees to furnish to the City that certain video taping equipment described in Exhibit "A" attached hereto, reference to which exhibit is here made for all purposes as though fully set out herein. It is specifically agreed between the parties hereto that the County shall retain title to the video taping equipment and retain said equipment on it;: inventory of assets. II The City agrees to take possession from the County of the video taping equipment described in Exhibit "A," understanding that this equipment is and does remain the property of the County and is accountable on the inventory of the County. The City agrees to ecynt ol, protect, and preserve the newly received equipment, exercising with regard to such property such care as would be exercised by a reasonably careful owner. The County may provide maintenance for the equipment but shall not be liable if maintenance is not provided.' • IV . The City agrees to replace the equipment in the event of loss, theft, accident, or circumstances other than normal wear. V The C -ity agrees to cooperate with the County in its main- taining accurate inventory records concerning the video taping equipment, particularly by making the equipment available to the County -for inventory and inspection at reasonable times. VI The City agrees to provide the operator and to visually record each defendant arrested by a City peace officer for an of- 00 fense under said Article 6701L -1 of Vcrnon's Texas Civil Statutes or Subdivision (2), Subsection (a), Section 19.05, Penal Code, and to -2- El E, ,. 40614 -1c r provide said film recordation to the District Attorney's Office as a requested. The County may furnish the video tapes to be used with s said equipment in order to make the required recordings, but shall not be liable if said tapes are not furnished. VII Fa The City agrees to deliver to the County, and the County ' agrees to accept from the City, y. an y and all video taping equipment described in Exhibit "A" whenever the County determines that the existing equipment is to be replaced with new equipment. VIII The County, through the County Sheriff, agrees to•deliver to the City the video taping equipment described in Exhibit "A." IX This Agreement pertains only to the physical possession and maintenance of the video taping equipment described in Exhibit "A." No modification of said equipment shall be made without prior ® written approval of the County; any modification of said equipment without prior written, approval shall be grounds for removal of such equipment provided under this Agreement. X The term of this Agreement shall be for ten (10) years commencing on �%%?Q�� ` ,?� lg Either party hereto may terminate the term of this Agreement by giving at least thirty (30) days written notice to the other party. Any notice permitted or required .to be given to County hereunder may be given by regis- I tered or certified United States Mail, postage prepaid, return receipt requested, addressed to the following address: Harris County Commissioners Court 9th Floor Harris County - Administration Building 1001 Preston Avenue Houston, Texas 77002 Attention: Clerk of Commissioners Court -3- 11 E E • An, notice permitted or required to be given to the City hereunder may be Y given by registered or certified United States !fail, postage g prepaid, return receipt requested, addressed to the following address: Baytown police Station t 3200 Nort Main Baytown, Texas 77521 Notices mailed as above shall be considered given and com- pleted on the day next following deposit in the United States Mail. XI This Agreement shall not become effective until it is signed by both the County and the City, and approved by the County Sheriff by signing below the word "Approved" below the signature line for the City and the County. vsr Except as provided in Paragraph X herein, should the person holding the office of Sheriff of the County (at the time this Agreement is executed), or his successor in office, refuse to perform hereunier, the term of this Agreement shall terminate upon such refusal with the same force and effect as if the term of this Agreement had expired at that time. EXECUTED in duplicate originals, on this day , 19134. APPROVED AS TO FORM: r MIKE DRISCOLL, County Attorney HARRIS COUNTY • By BY QI-14 k 1&4 LAVERt SC DER JO LI DSA , Count Judge 'Assista Co my Attorney H ris County, Texts -4- C L�'a -5- r ® 4 ATTESTS CITY OF SAYTOWN Y 4 B i City Secretary Y Mayor- APPROVED AS TO FORM: APPROVED: C t Y tonn At torn Y era , Harras Count Tex a L�'a -5- r v C] e:-.. J .r_ _� • Sonar VX -1601 Bulk Eraser Vicon.V -110 AWN Wall Mount Panasonic Wm-1100 Microphone 0 EXHIBIT "A" Harris County Tag Number 44798 44797 44796 44795 tnaxe ano Model) Serial Number t4 RCA .TC- 5001/8 Camera 010240 WC BR -711OU Recorder 338R0489 Panasonic CT 1330m Monitor G3611949 Pelco TDG -20ODT Time /Date 7750 -4A Recorder • Sonar VX -1601 Bulk Eraser Vicon.V -110 AWN Wall Mount Panasonic Wm-1100 Microphone 0 EXHIBIT "A" Harris County Tag Number 44798 44797 44796 44795 n El ORDER AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN FOR THE USE AND MAINTENANCE OF COUNTY VIDEOTAPING EQUIPMENT STATE OF TEXAS S S COUNTY OF HARRIS S On this the r day of , 1984, the Commissioners Court of Harris County, Texas, being duly con- vened at a regular meeting of the Court, upon motion of Commis- sioner `L:� seconded by Commissioner duly put and carried, It is ORDERED that County Judge Jon Lindsay be, and ke is hereby authorized to execute for and on behalf of Harris County an Interlocal Agreement between Harris County and the City of Baytown, for the use of video taping equipment, which said Agreement is hereby referred to and made a part hereof for all purposes as though fully set out herein word for word. I P� ntE 0 R �I,U�RS Rer•wded �o�._...... E E