HomeMy WebLinkAboutResolution - 4330 - Temporary Interlocal Agreement - Lubbock County - Magistrate Services - 11_18_1993Resolution No. 4330
November 18, 1993
Item #19
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Temporary
Interlocal Cooperation Agreement and all related documents by and between the
City of Lubbock and Lubbock County, Texas to cooperate in the provision of
magistrate services for the City of Lubbock, which agreement is attached
hereto, which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council th
ATTEST:
b'"'
BettyuJobnson,v City Secretary
APPROVED AS TO CONTENT:
1;�
o ass, ,ty Manager
APPROVED AS TO FORM:
G. Vandiver, irs
Assistant City Attorney
DGV:dp\AGENDA-D3\LBBCNTY.Res
November 10, 1993
Resolution No. 4330
November 18, 1993
Item # 19
TEMPORARY INTERLOCAL COOPERATION AGREEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT is entered into on the 18th day of
November , 1993, by and between Lubbock County, Texas,
herein called "County", and the City of Lubbock, Texas,
herein called "City", both parties being political
subdivisions and local governments of the State of Texas,
pursuant to the authority granted by and in compliance with
the provisions of the Interlocal Cooperation Act, Chapter
791, Local Government Code, and in furtherance of said
parties as provided by law.
WHEREAS, the County and the City desire to cooperate in
the provision of magistrate services so that arraignments
are provided without unnecessary delay; and
WHEREAS, the Texas Code of Criminal Procedure Article
15.17 requires a police officer to take a person arrested
before a magistrate without "unnecessary delay"; and
WHEREAS, the Texas Code of Criminal Procedure Article
2.18 requires the Sheriff of the County to place in jail
only those prisoners who are committed by warrant from
magistrate or court; and
WHEREAS it is in the joint interest of the City and the
County to cooperate with each other to see that individuals
arrested are properly arraigned before a magistrate in
accordance with the law;
WITNESSETH:
1. PURPOSE: The purpose of this agreement is to
cooperate in the provision of magistrate services to
ensure that individuals arrested are promptly and
properly advised of their rights and are promptly
accepted into the County Jail.
2. DUTIES OF THE CITY: The City shall pay FIVE
THOUSAND AND N0/100 DOLLARS ($5,000.00) monthly from
current revenues to the County for operation of a
magistrate program to ensure prompt arraignments and
incarceration of persons arrested.
3. DUTIES OF THE COUNTY:
(A) The County shall supply magistrate services
not to exceed a cost to County of FIVE THOUSAND
AND N0/100 DOLLARS ($5,000.00) per month pursuant
to the authority granted by Article 2.09 of the
Code of Criminal Procedure in order to assure
prompt arraignment and incarceration of persons
arrested in the County's jail.
(B) In the event that County determines that
provision of magistrate services exceeds a cost of
FIVE THOUSAND AND N0/100 DOLLARS ($5,000.00), this
contract shall continue in full force and effect;
however, there shall be further negotiation
regarding the additional costs and additional
provision of services.
(C) County shall notify City at the end of the
month in which the cost of provision of services
exceeds FIVE THOUSAND AND N0/100 DOLLARS
($5,000.00).
(D) County shall supply a monthly record of
amounts paid and services rendered by magistrates
to City.
4. TERM: This agreement shall be effective for four
(4) months from the date of execution indicated herein.
TEMPORARY INTERLOCAL COOPERATION AGREEMENT
PAGE 2
SIGNED this 18th day of
LUBBOCK COUNTY:
DO cBEATH, COUNTY JUDGE
ATTEST:
Secretary
APPROVED S TO CONTENT:
D.L. "SONNY" KE SEE, SHERIFF
APPROVED AS TO FORM:
byV--
ASSIMANT DISTRICT ATTORNEY
DGV:dp/A-Inter.doc
D#4-Contracts & Agreements
November
jOF LU
VID R. LA
ATTEST:
BETTY M. JO SON,
CITY SECRETARY
, 1993.
APPROVED AS TO CONTENT:
a2 0". -C'
BOB CASS, CITY MANAGER
APPROVED AS T FORM:
r
ANDIVER, FIRST
ASSISTANT CITY ATTORNEY
TlM?ORMY INTERLOCAL COOPERATION AGREEMENT
PAGE 3