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Ordinance No. 4,16150523 -10 ORDINANCE NO. 4161 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH HARRIS COUNTY PROVIDING FOR JOINT PARTICIPATION BETWEEN THE CITY AND COUNTY WITH REGARD TO THE 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, TEXAS: Section 1: 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 between the City and the County with regard to the furnishing, maintenance and operation of joint jail facilities. 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 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 23rd day of May, 1985. E LEEN P. HALL, C ty Clerk APPROVED: R STRONG, Ci _ ttorney ET:ca (sw -1) 3 -26 -85 50523 -10a #19,770 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: I City and County agree that, subject to the provisions hereof, commencing March 1, 1985, ending February 28, 1986, 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 to as "County Prisoners." 50523 -10b 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, 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 -2- 50523 -10c 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 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. 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- 50523 -10d IX A Book shall be kept by the jailor or jailors, now or hereafter hired by City, showing the date and time when such pris- oners 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. M 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 Seventy -Six Thousand Three Hundred Seventy -Seven and 60/100 Dollars ($76,377.60) 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 medical treatment and hospitalization under paragraph VI hereof. After services (provided for in this Agree- ment) have been furnished by City to County, City will bill County for the above - mentioned amount of Seventy -Six Thousand Three Hundred Seventy -Seven and 60/100 Dollars ($76,377.60), the amount for feed- ing prisoners after they have been held for more than twentyfour (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 Seventy -Seven Thousand Three Hundred Seventy -Seven and 60/100 Dol- lars ($77,377.60) for and in consideration of the performance of this Agreement by City. It is further expressly understood that County has the maximum sum of Seventy -Seven Thousand Three Hundred -4- 50523 -10e Seventy -Seven and 60/100 Dollars ($77,377.60) allocated to fully discharge its obligation under this Agreement and it is understood and agreed that the total maximum amount that County shall be lia- ble to pay City hereunder shall not under any conditions, circum- stances or interpretations hereof exceed the sum of Seventy -Seven Thousand Three Hundred Seventy -Seven and No /100 Dollars ($77,377.60). 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 day of , 1985, to be effective March 1, 1985. ATTEST: City Clerk APPROVED AS TO FORM: MIKE DRISCOLL County Attorney o'_' -D - Z L�' ELLA TYLER Assistant County Attorney City Attorney City of Baytown, Texas 02. N*1110_4_01 JOY A`I3HAOEN, Size Har s CourAy, Texas HARRIS COUNTY By q4­e�,4Zoe4 JO LINDSAY, County dge Ha ris County, Texas CITY OF BAYTOWN Mayor City of Baytown, Texas I hereby certify that funds are available in the amount of $77,377.60 to pay the obligation of Harris County under and within the foregoing contract. J. F. FLACK County Auditor -5- r 50523 -10f 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 , 1985, 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 p� , 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 an" the City of Baytown, providing for the housinrl 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. soO��ss� o�