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HomeMy WebLinkAbout01-11-90-6.3 - 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