01-11-90-6.3 - Resolution - 01/11/1990RESOLUTION
01-11-90-6.3
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE CITY OF BRYAN TO PROVIDE JAIL ASSISTANCE
FOR CLASS C MISDEMEANOR CONFINEMENTS.
WHEREAS, the College Station met on March 9, 1989, and
considered a request by the City of Bryan to provide for the
care, custody and security of Class C Misdemeanor prisoners
arrested by the Bryan Police Department; and
WHEREAS, in acknowledgment that the City of Bryan request
was the result of overcrowded conditions at the Brazos
County Jail, and in recognition of a spirit of cooperation
among local units of government, the College Station City
Council approved an intergovernmental agreement for jail
service assistance with the City of Bryan, with the under-
standing that said agreement was for a one-year trial; and
WHEREAS, at a meeting on January 11, 1990, the City Council
of the City df College Station were requested to authorize
renewal of the Agreement; and, Council findings were that
the increased expenses added by this agreement do not exceed
the revenues derived from the Inter-Governmental Agreement
for jail service assistance, the demand on Communications
and jail staff has not exceeded available resources, no
interruption in the level of service to the citizens of
College Station has occurred, and the City of College
Station and the City of Bryan have accomplished a mutually
beneficial outcome from the arrangement.
NOW, THEREFORE, BE IT RESOLVED, THAT the City Council of
College Station hereby authorizes Mayor Larry J. Ringer to
re-new an Inter-Governmental Agreement to provide to the
City of Bryan, Texas, jail service assistance for Class C
misdemeanor confinements.
PASSED AND APPROVED on this the 11th day of January, 1990.
ATTEST:
]ty Secre,~'ar/y Dian Jones
APPROVED:
STATE OF TEXAS
COUNTY OF BRAZOS
INTERGOVERNMENTAL AGREEMENT FOR JAIL
SERVICE ASSISTANCE
This agreement, made and ex~¢'uted this ~ day of
., 1990 by and between the CiTY OF BRYAN, a Texa~ Hom~
Rul,_· MuniciDa]ity, hereinafter referred 1:o as "BRYAN" and the
_ ·
CITY OF COLLEGE STATION, hereinafter rcterred to as "COLLEGE
STATION", providing as follows:
Section 1. INTERGOVERNMENTAL JAIL SERVICE AND ASSISTANCE.
This agreement for "Intergovernmental Jail Service and
Assistance" is executed pursuant to Article 4413 (32c), Texas
Vernon's Ann. Civ. Stat.· Intergovernmental Cooperative Act.
Section 2. PURPOSE OF AGREEMENT_._ It is recognized that the
CITY OF COLLEGE STATION has a jail £ac]lity capable of handling
25 inmates. It is also recognized that the CITY OF BRYAN needs
to find a facility to temporarily h,nuse individuals arrested for
C~as~ ,' misdemeanors.
~gction 3. AUTHORIZATION. Intergovernmental jail service
may be provided by and between home rule municipalities when
~recm~.nts would best se~%.e tn,'. :~,~ere~%:~ ~f ~.ach municipality
:Sec~ ion 4 USE (_)~ CO1,LEGE c'l'A'~']~ JAIL.
.......... z_~ BRYAN to del. xver
:',,',I,EGE STAT1ON its pr~son~.r.:; ch,~t'[i,-,A wil.}~ Class. C misdemeanorz
i,,L :~a~ekeeping until such t.,ri ,,~,, r' .".~;, ;-,e DroughL belor~ d
'sF BRYAN Mu:.~icipa] Court Judge.
t,,,_ ext~.nt of the responsxbx]:ty
. ,:,.'-'., ,'i~c., housing and
.. ;,_,d~. BRYAN zhall bc : .... i,_iy r
;t i~3 agreed by the parties th.-,t
, t.=l,EuE STATION shaJ] !~
. ',~,:'.,:. ;I,:~' I.,.,] I;[!~' (ici ]\,,-,r', ,''-,
007657
accounting for and release of its prisoners placed in with
COLLEGE STATION for incarceration.
b) Upon delivery of a BRYAN prisoner, it shall be the
decision of COLLEGE STATION as to whether COLLEGE STATION will
accept any prisoner for incarceration. It is agreed thdt SRYAN
shall exercise its best efforts to assure that no ill, physically
or menta]ly, ,,r injur~d BRYAN prisoner is pres,~nted
incarceration at the COLLEGE STATION jail f~cility.
c) In the event that any BRYAN prisoner ]~ determined to be
ill, injured v~r otherwise in need of medical attention, COLLEGE
STATION shall notify BRYAN to deliver said prisoner to St.
Joseph'b Hospital for treatment, except in the event that COLLEGE
STAT1ON det~rmines that the BRYAN prisoner should have, immediate
medical treatme~t, in this event, COLLEGE STATION shall l]ave
prisoners transported to the nearest emergency medical facility,
Humana Hospital-Brazos Valley. BRYAN shall be responsible for
p~oviding a.~udge at the at the hospi~'ua~ to bund said prisoner
out of custody if ]t so desires. In the e.v,=~t th,~t COLLEGE
~.AL~(,N t.~a~:.[,orts d DRYAN prisoner, BRYAN shall a sc, assume the
cost of any [,t. ces:~.ary ambulance transport~t
tu St. JoJ.,~[~.',, ,~,d.',,r Humana Hospital Brazos V~].~ty.
:{ection 5. COMPENSATION. For any t]m,~ duri~g ,-ach r.wer, ty-
four , ~4. n.)u: p,:-] ]od between i2 midnig[~t a~d ~,:'.'-' [..m., ]:,
~]cb :~.'g.: .... b,.;f~. :~'['A',"'~' ;ncarceraics a BRYAN
pay to (3.,Li,MGE STAT/ON thirty dollars ($2.0.['03 :',.,~ th~.
incarc~rdtio;~ ~,: ~ hat pr isoner.
o.c,.ion t, ~IAB[LITY
,.~) B};'YAN ..~ai' b,5 liab!~, and shall lnd,~mn],y .~,,~
Ct;!,LEGI,: STAT/ON ~,~r;f,i~-:sf- f~,r any decis]{,,, t.~.
007638
b) BRYAN will not place in the COLLEGE STATION jail facility
any ill or injured BRYAN prisoner w:,thout first providir;g to
COLLEGE STATION an approval signed by a medical doctor.
c) BRYAN shall be liable and shall pay the cost of any
necessary ambulance tran~.;por%ation to St. Joseph'~ and/or Humana
Hosp]tal-Brazos Va]icy for any ill or injured BRYAN prisone~
piaccr~ in the COLLEGE STATi{,N jail facility.
d) Where BRYAN maintains any BRYAN prisoner in "custody"
while receiving medical treatment, BRYAN sha]i be liable for and
shall indemnify and hold COLLEGE STATION harmless for any ill o~
injured BRYAN prisoner.
e) Where BRYAN has placed a BRYAN prisoner in the COLLEGE
STATION jail facility, BRYAN agrees to accept responsibility for
the defense of any litigat]~n ~nvolving the medical expenses of
any ill or injured BRYAN prisoner, including the defense and in-
demnification of COLLEGE STATION, except that in the event, that
an injury has occurred to a BRYAN prisoner as a direct result of
the sole negligence of COLLEGE STATION with regard to the
Fupervision of such BRYAN prisoner ]n its jail facility.
::~--t ion 7. EFFECTIVE DATE OF AGREEMENT.
,~ Thi~ agreement shall ~,- ]] :u~, e~ect and !~'gaily
~:.],d!ng upon such time as s~%!n.',.] .-:,,~ .~ppr~'/~d b} th,'
C,.u~,r ~.s of each municipal]t}.
r ] This agreeme~t m,.v_},,' .~.. ,'.c,:+ ,'n :n ~,~,.~'~,~"~ ,'~ .'3, ,,'
007659
Section 8. TERMINATION OF AGREEMENT. This agreement shall
remain in force and effect through July 1, 1990.
SIGNED THIS THE -. DAY OF
1990.
CITY OF COLLEGE-~TATION
CITY OF BRYAN
/'~,...~ .,. ,,. \...-,--~'~ {._
MAYOR MARVIN TATE
A'£TEST:
CITY M3%NA~GER ~,~
D/RECTOR OF FINANCE
CI~~RNEy ~
CHIEF OF POLICE
CITY MANAGER
.~-., z ~_../~,_ '~/~,. _
C~.TY/ATTO,RNEY ?.- .
"'.6.-'
c CS]EF O~ POf,,C~
00-/640
CITY OF COLLEGE STATION
P O BOX 9960 I101 TEXAS AVENtlE
COLLEGE STATION, TEXAS 77842-0960
(4O9) 764- 3500
February 5, 1990
Mrs. Dorothy Mallett
City Secretary
P.O. Box 1000
Bryan, TX 77805
RE:
Intergovernmental Agreement for
Jail Service Assistance
Dear Dorothy:
Enclosed herewith please find two originals of the Intergov-
ernmental Agreement for Jail Service Assistance. Both documents
have been executed by our city officials. I would appreciate it
if you would have these documents circulated for signatures by
your city officials. After execution, please retain one for your
records and return one to me for our files. If you have any
questions, please contact me at 764-3507.
Thank you for your assistance
,~V~rytruly.. yours,
:js
Enclosures
Hr,n,e ,-~1 -]bxa~ A, & M (Jn~ver$1tv
007641