Mediation has been ordered in a dispute between the City of Kingsville and Kleberg County over the city’s allocation for space in the Kleberg County Law Enforcement Center’s jail.

After several pleas to the Kleberg County Commissioners Court and Kleberg County Sheriff Ed Mata, the City of Kingsville filed a lawsuit Tuesday in the 105th Judicial District Court.

The city is claiming a violation by the county of its ministerial duties imposed by statute and breach of contract in reference to a contract between the county and city for housing city prisoners at the county jail.

The city says the contract states that the Kleberg County Jail would provide 10 beds for City of Kingsville prisoners at all times for a fee of $35 a day per bed, and, in an amendment to the contract that took effect Oct. 1, 2007, the charge was later increased to $45 a day per bed, which is paid by the city to the county monthly.

The city claims the defendants have violated clear statutory duties on a number of occasions and continue to do so due to the sheriff or persons under his supervision turning away city prisoners and refusing to admit them to the jail at times when there was still room available.

The city is seeking a writ of mandamus to compel the county and sheriff’s department to perform its mandatory duties correctly. If granted, the writ of mandamus would compel the sheriff’s department to accept into the county jail all individuals presented by city law enforcement officials.

A request for temporary injunction has also been sought, which would prohibit the county and the sheriff’s department from violating the terms of the current jail contract during the term of the lawsuit.

The city claims if this problem is not fixed it will create an imminent harm to the citizens of Kingsville because those who have been ordered to be jailed and are not accepted will remain at large and will become an immediate threat.

The city also noted in the lawsuit that the contract states the “county shall make reasonable diligent efforts to insure that at all times at least two spaces are suitable for housing female prisoners and three such spaces are suitable for housing male prisoners.”

The Kleberg County jail has a section containing ten spaces for female prisoners, which is segregated by sight and sound from the portion of the jail housing the male population.

The City claims that although there is at all times at least two spaces suitable for housing female prisoners, the sheriff or persons under his supervision have turned away female “city prisoners” when there were less than two female “prisoners” incarcerated in the jail.

The contract also states that the Kleberg County Sheriff’s Department shall take a daily prisoner census and report the information to the city police supervisor in writing by no later than 2 p.m. of that day.

The city claims the sheriff has consistently failed to comply with that requirement.

The city also argues that the defendants consistently bill  the city the amounts called for by the contract although they continue to breach the contract and not hold up their end of the deal.

A request was also made for a temporary injunction which would compel the defendants to admit city prisoners into the Kleberg County Jail as shall be ordered by warrant from a magistrate or court, and that the county comply with the existing contract with the city.

On Wednesday, District Court Judge Manuel J. Banales ordered the case to mediation on Oct. 23 at 10 a.m. at the 105th Judicial District courtroom at the Kleberg County Courthouse. All parties are ordered to appear to attempt to resolve the issue. If the issues are not mediated, the request for temporary injunction hearing is set for October 26 at 10a.m.