Res 164-2007 11/6/2007 RESOLUTION NO. 164-2007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, APPROVING AN INCREASE IN THE DAILY RATE PAID
TO WICHITA COUNTY FOR THE HOUSING OF CITY PRISONERS;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, on July 29, 1985, the City of Wichita Falls and Wichita County
entered into an interlocal agreement ("the Agreement") to provide for the detention of
City prisoners by Wichita County; and,
WHEREAS, the Agreement provides that the City shall pay the County a fee of
$10.00 per prisoner per calendar day for detention services; and,
WHEREAS, it is the desire of both parties to increase the $10.00 rate to $15.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Section 14. of the Interlocal Agreement dated July 29, 1985,
befinreen the City of Wichita Falls and Wichita County is hereby amended to increase
the daily prisoner rate from $10.00 per day to $15.00 per day. All other provisions of the
agreement shall continue in effect.
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 6 day of November, 2007.
�
MAYOR
ATTEST:
C
'ty Clerk
STATE OF TEXAS §
COUNTY OF WICHITA §
THis A�ReennENT, made and entered into this the 29 day of July, 1985, by and
between the City of Wichita Falls, Texas, hereinafter called "City," and the County of
Wichita, Texas, hereinafter called "County,"
WITNESSETH:
WHEREAS, County is completing the construction of a new detention facility, and
City is preparing to construct a new dispatching facility, and the parties desire to make
the best utilization of such facilities for the taxpayers, and to minimize duplication of
services by the two parties.
Now, THEREFORE, for and in consideration of the mutual covenants herein
contained, the parties hereto do hereby agree as follows:
1. County shall, on a finrenty-four (24) hour basis, seven (7) days a week,
receive, hold and house all City prisoners tendered to them by the City, with whom is
tendered a probable cause affidavit, or for whom an outstanding City warrant is in
effect. In the latter case, City shall furnish the warrant number when the prisoner is
tendered, and shall furnish County with a copy of the warrant within twenty-four (24)
hours.
2. County shall make such prisoners available to City officers for
interrogation or other proper purposes twenty-four (24) hours per day. County will not
accept prisoners who need medical attention.
3. County shall also give City officers access to breath analyzer and video
equipment when such equipment is necessary to test or photograph City prisoners.
4. At the time City prisoners are booked into the County's detention facility,
County officers will fingerprint and take pictures of such prisoners. County will furnish to
City a copy of fingerprint card, book-in card, and an exposed negative of a picture of
each City prisoner received.
5. City will furnish to County blank fingerprint cards to be used in
fingerprinting City prisoners, with blank book-in sheets, and blank videotapes, and blank
film.
6. County will be furnished change of custody card when a prisoner is
delivered to the County.
7. When a prisoner is delivered, the County jailor will search the prisoner;
however, if the police officer is present when contraband is found, the police officer will
make the case.
8. City will furnish County an order from the Municipal Judge setting the
bond schedule for City offenses, together with an agreement from the Municipal Judge
for personal recognizance. If the City Judge makes a commitment of a person, such
person will be accepted by the County. If a prisoner is confined on a City warrant, City
will notify County of the total amount of bonds and warrant fees to be posted by the
prisoner.
9. City will furnish County complete dispatching services, including, but not
limited to, such services for the Sheriff, Constable, Federal Bureau of Investigation,
Parks and Wildlife officers. City will give County daily CADS reports on all County
dispatches. The Emergency Operations Center to be established in the Dispatch
Center will be available to County for emergencies and exercises.
10. County will handle their own administrative calls; any emergency call
which comes to County's administrative line will be transferred over to the City.
ii. This Agreement shall continue until such time as the governing bodies of
City and County mutually agree to terminate the agreement; or, either party may
terminate the Agreement by giving the other party three (3) years advance notice in
writing of their intention to terminate.
12. The Mayor or the City Manager, the County Judge, the Sheriff, the Chief
of Police, the County Attorney and the City Attorney, or some other person designated
by such parties, shall constitute a continuing coordinating committee, which shall
arbitrate all problems and disagreements which may arise concerning the rights and
obligations of the parties under this contract. The decisions of this committee shall be
final.
13. During the interim period, i.e., until the City provides the County complete
dispatching services, the City will pay the County the actual personnel costs for
maintaining its own dispatching section. Such payments shall not exceed $5,000.00 per
month and shall end when the City is able to provide the County complete dispatching
services.
14. City shall pay the County a nominal fee for each City prisoner held by the
County. Such fee shall be $15.00 per prisoner for each calendar day during which the
City prisoner is held by the County for at least six (6) hours. The fee shall be subject to
modification by mutual agreement annually on or before July 1 to coincide with the
City's budget cycle. Any proposed modifications shall be reviewed in advance by a
committee to be composed of the County Judge, the City Manager, the Chief of Police,
and the Sheriff. The committee shall report its findings and recommendations to the
City Council and the County Commissioners in time to take any necessary action prior
to July 1. As used herein, the term "City prisoner" shall mean those persons arrested for
violation of City ordinances or any enforcement order issued by Municipal Court, and
any other person for whom the City has primary legal responsibility for detention or
incarceration.
ExecuTe� as of the day and year first set out above.
CITY OF WICHITA FALLS, TEXAS
By:
Darron J. Leiker
City Manager
ATTEST:
City Clerk
COUNTY OF WICHITA, TEXAS
By:
Woodrow W. Gossom, Jr.
County Judge
ATTEST:
County Clerk
. . � ��:'{��� � ��r��"Y , � �
� ��
. . ,�,` .
�I��1��ta , �G� ��,� � � , �
�Y � • '` - �� J �
��e���'.+.d-��,.� ,i �.�� ' . _ -•,
�'. : ��,, .
� OF I E OF CITY ATTORIdEY
BILL SULLIVAN, CITY ATfORNEY
JULIA VASQUEZ, FIRSTASSISTANT CITY ATTORNEY' R. KINLEY HEGGLUND, JR.� SENIOR ASSISTANT CITY ATTpRNEY
'�� C ��� � � E ��� � Kws7Etr Ho�rY�c HowcROFT ASSISTANT CRY ATTORNEY
T � �� ��� 5 ���� N ROBERT Mq$gEY, ASSISTANT CITY ATTORNEY 11
August 8, 2008
The Honorable Woody Gossom
County Judge
Wicluta County Courthouse
Wichita Fa11s, Texas 76301
� Re: First Amendment to Interlocal Agreement
Dear Woody:
City Clerk Lyd.ia Ozuna called my office earlier this week. She had been contacted by the
Commissioners' Court, requesting a copy of the agreement approved by the City Council to
increase the daily fees paid by the City to the County for each City prisoner incarcerated in the
County Jail. This item was approved by the Council at its meeting held November 6, 2007, but
apparently was never executed. I enclose two originai copies of this amendment. Please execute
both copies on behalf of Wichita County, and retuin one copy to my attention.
T'hank you for your attention to this matter.
Very truly yours,
�l� .
Bill Sullivan
City Attorney
BS/lm
Enclosure RECEIVED IN � �`�� ""` �,
CITY CLERK'S OFFICE i
xc j
Date ���� �� `
B Tim�: ,�,� _ �
� _. _._
CmrAT70RNEY:940-761-7625 Fnx:940-761-7626
. 11AUNICIPAL COURT PROSECUTOR: 940-761-7675 FAX: 940-761-6$49
1300 7th Street P.O. Box 1431 Wichita Falls� Texas 76307
�
STATE OF TEXAS §
COUNTY QF WICHITA §
FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF WICHITA FALLS AND WICHITA COUNTY
THIS FIRST AMENDMENT TO THE (NTERLOCAL AGREEMENT BETWEEN THE CITY OF
WICHtTA FALLS AND WICHITA COUNTY, TEXAS made and entered into this the �O� da
Y
of November, 2007, by and between the City of �chita Falls, Texas, hereinafter called
"City,° and the County of Wichita, Texas, hereinafter called ° County,"
WITNESSETH:
WHEREAS, on the 29�' day of July, 1985, the City of Wichita Falls and Wichita
County, Texas, entered into an interlocal agreement whereby the County would receive,
hold and house all C'rly prisoners tendered to it by the City; and the City would furnish to
County complete dispatching services; and,
WHEREAS, it is the desire of both parties that Section 14 of said agreement shail
be amended to increase the daily fees paid by the City to the County for each City
prisoner incarcerated in the County Jail ftom $10.00 to $15.00; and,
WHEREAS, this First Amendment also provides that the effective date of such
amendment shall be December 1, 2007.
NOw THEREFORE, that certain Interlocal Agreement identified above is hereby
amended by and through this First Amendment at Section 14, to provide for the
increase in incarceration fees paid by the City, and for the effective date of such
amendment. All other provisions of the original agreement shall continue in effect.
,
_ 2
For and in consideration of the mutual covenants herein contained, the parties
hereto do hereby agree as follows:
1• County shall, on a twenty four (24) hour basis, seven (7) days a week,
receive, hold and house all City prisoners tendered to them by the City, with whom is
tendered a probabte cause affidavit, or for whom an outstanding City warrant is in effect.
In the latter case, City shall fumish the warrant number when the prisoner is tendered,
and shall fumish County with a copy of the warrant within twenty-four (24) hours.
2. County shall make such prisoners availabte to City oificers for
interrogation or other proper purposes twenty-four (24) hours per day. County will not
accept prisoners who need medical attention.
3. County shall also give City officers access to breath analyzer and video
equipment when such equipment is necessary to test or photograph City prisoners.
4. At the time City prisoners are booked into the County's detention facility,
County officers will fingerprint and take pictures of such prisoners. County wi11 fumish to
City a copy of fingerprint card, book-in card, and an exposed negative of a picture of
each City prisoner received.
5• City will fumish to County blank fingerprint cards to be used in
fingerprinting City prisoners, with blank book-in sheets, and blank videotapes, and blank
film.
6. County will be fumished change of custody card when a prisoner is
delivered to the County.
, �
� 3
7 • When a prisoner is delivered� the County jailor will search the prisoner;
however, if the police officer is present when contraband is found, the police officer wili
make the case.
8• City wiil fumish County an order frorr� the Municipal Judge setting the bond
schedule for City offenses, together with an agreement from the Municipal Judge for
personal recognizance. If the City Judge makes a commitment of a person, such person
will be accepted by the County. If a prisoner is confined on a City warrant, City wi11 notify
County of the total amount of bonds and warrant fees to be posted by the prisoner.
9. City will fumish County complete dispatching services, including, but not
limited to, such services for the Sheriff, Constable, Federal Bureau of Investigation,
Parks and Wildlife officers. City wi11 give County daily CADS reports on all County
dispatches. The Emergency Operations Center to be established in the Dispatch Center
will be available to County for emergencies and exercises.
10. County will handle their own administrative calls; any emergency call
which comes to County's administrative line will be transferred over to the City.
il. This Agreement shall continue until such time as the governing bodies of
City and County mutually agree to terminate the agreement; or, either party may
terminate the Agreement by giving the other party three (3) years advance notice in
writing of their intention to terminate.
12. The Mayor or the City Manager, the County Judge, the Sheriff, the Chief
of Police, the County Attomey and the City Attomey, or some other person designated
by such parties, shall constitute a continuing coordinating committee, which shall
arbitrate all problems and disagreements which may arise concerning the rights and
4
obligations of the parties under this contract. The decisions of this committee shall be
final.
13. During the interim period, i.e., until the City provides the County corripiete
dispatching services, the Cit�r will pay the County the actual personnel costs for
maintaining its own dispatching section. Such payments shali not exceed $5,000.00 per
month and shall end when the City is able to provide the County complete dispatching
services.
14. City shall pay the County a nominaf fee for each City prisoner held by the
County. Such fee shall be $15.00 per prisoner for each calendar day or fraction thereof
subject to mod�cation by mutual agreement annually on or before July 1 to coincide
with the City's budget cycle. The increase in fees from $10.00 to $15.00 as
contemplated by this section shall become effective December 1, 2007. Any proposed
modfications shall be reviewed in advance by a committee to be composed of the
County Judge, the City Manager, the Chief of Police, and the Sheriff. The committ
ee
shall report its findings and recommendations to the Cifiy Council and the County
Commissioners in time to take any necessary action prior to July 1. As used herein, the
term "City prisoner" shall mean those persons arrested for violation of City ordinances
or any enforcement order issued by Municipal Court, and any other person for whom
the City has primary legal responsibility for detention or incarceration.
5
Execu�� as of the day and year first set out above.
CITY OF WICHITA FALLS, T S
By: ,
Darron J. Leiker
City Manager
ArrEST:
�
CI
Cout�r�r o� VyicHira, T�s �
By:
W���+v W. Gossom, Jr.
County Judge
ArrEST:
County Clerk
� � , -
STATE OF TEXAS §
COUNTY OF WICHITA §
FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF WICHITA FALLS AND WICHITA COUNTY
THIS FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF
WICHITA FALLS AND WICHITA COUNTY, TEXAS made and entered into this the �O� day
of November, 2007, by and befinreen the City of Wichita Falls, Texas, hereinafter called
"City," and the County of Wichita, Texas, hereinafter called "County,"
WITNESSETH:
WHEREAS, on the 29� day of July, 1985, the City of Wichita Falls and Wichita
County, Texas, entered into an interlocal agreement whereby the County would receive,
hold and house all City prisoners tendered to it by the City; and the City would furnish to
County complete dispatching services; and,
WHEREAS, it is the desire of both parties that Section 14 of said agreement shall
be amended to increase the daily fees paid by the City to the County for each City
prisoner incarcerated in the County Jail from $10.00 to $15.00; and,
WHEREAS, this First Amendment also provides that the effective date of such
amendment shall be December 1, 2007.
Now THEREFORE, that certain Interlocal Agreement identified above is hereby
amended by and through this First Amendment at Section 14, to provide for the
increase in incarceration fees paid by the City, and for the effective date of such
amendment. All other provisions of the original agreement shall continue in effect.
i ,
. 2
For and in consideration of the mutual covenants herein contained, the parties
hereto do hereby agree as follows:
1. County shall, on a twenty-four (24) hour basis, seven (7) days a week,
receive, hold and house all City prisoners tendered to them by the City, with whom is
tendered a probable cause affidavit, or for whom an outstanding City warrant is in effect.
In the latter case, City shall furnish the warrant number when the prisoner is tendered,
and shall furnish County with a copy of the warrant within finrenty-four (24) hours.
2. County shall make such prisoners available to City officers for
interrogation or other proper purposes twenty-four (24) hours per day. County will not
accept prisoners who need medical attention.
3. County shall also give City officers access to breath analyzer and video
equipment when such equipment is necessary to test or photograph City prisoners.
4. At the time City prisoners are booked into the County's detention facility,
County officers will fingerprint and take pictures of such prisoners. County will furnish to
City a copy of fingerprint card, book-in card, and an exposed negative of a picture of
each City prisoner received.
5. City will furnish to County blank fingerprint cards to be used in
fingerprinting City prisoners, with blank book-in sheets, and blank videotapes, and blank
film.
6. County will be furnished change of custody card when a prisoner is
delivered to the County.
_;
�
3
7. When a prisoner is delivered, the County jailor will search the prisoner;
however, if the police officer is present when contraband is found, the police officer will
make the case.
8. City will furnish County an order from the Municipal Judge setting the bond
schedule for City offenses, together with an agreement from the Municipal Judge for
personal recognizance. If the City Judge makes a commitment of a person, such person
will be accepted by the County. If a prisoner is confined on a City warrant, City will notify
County of the total amount of bonds and warrant fees to be posted by the prisoner.
9. City will furnish County complete dispatching services, including, but not
limited to, such services for the Sheriff, Constable, Federal Bureau of Investigation,
Parks and Wildlife officers. City will give County daily CADS reports on all County
dispatches. The Emergency Operations Center to be established in the Dispatch Center
will be available to County for emergencies and exercises.
10. County will handle their own administrative calls; any emergency call
which comes to County's administrative line will be transferred over to the City.
11. This Agreement shall continue until such time as the governing bodies of
City and County mutually agree to te►minate the agreement; or, either party may
terminate the Agreement by giving the other party three (3) years advance notice in
writing of their intention to terminate.
12. The Mayor or the City Manager, the County Judge, the Sheriff, the Chief
of Police, the County Attorney and the City Attorney, or some other person designated
by such parties, shall constitute a continuing coordinating committee, which shall
arbitrate all problems and disagreements which may arise concerning the rights and
� .� . �
� 4
obligations of the parties under this contract. The decisions of this committee shall be
finaL
13. During the interim period, i.e., until the City provides the County complete
dispatching services, the City will pay the County the actual personnel costs for
maintaining its own dispatching section. Such payments shall not exceed $5,000.00 per
month and shall end when the City is able to provide the County complete dispatching
senrices.
14. City shall pay the County a nominal fee for each City prisoner held by the
County. Such fee shall be $15.00 per prisoner for each calendar day or fraction thereof
subject to modification by mutual agreement annually on or before July 1 to coincide
with the City's budget cycle. The increase in fees from $10.00 to $15.00 as
contemplated by this section shall become effective December 1, 2007. Any proposed
modifications shall be reviewed in advance by a committee to be composed of the
County Judge, the City Manager, the Chief of Police, and the Sheriff. The committee
shall report its findings and recommendations to the City Council and the County
Commissioners in time to take any necessary action prior to July 1. As used herein, the
term "City prisoner" shall mean those persons arrested for violation of City ordinances
or any enforcement order issued by Municipal Court, and any other person for whom
the City has primary legal responsibility for detention or incarceration.
' M �
• 5
ExecuTE� as of the day and year first set out above.
CITY OF WICHITA FALLS, TE S
By: �
Darron J. Leiker
City Manager
ATTEST:
�
I CI
COUNTY OF WICHITA, TEXAS
By:
Woodrow W. Gossom, Jr.
County Judge
ATTEST:
County Cierk