Ordinance No. 16,050 ORDINANCE NO. 16,050
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT FOR
EMERGENCY SERVICES WITH HARRIS COUNTY EMERGENCY
SERVICES DISTRICT NO. 75; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the
City Manager to execute and the City Clerk to attest to an Interlocal Agreement for Emergency
Services with Harris County Emergency Services District No. 75. A copy of said agreement is
attached hereto as Exhibit "A," and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City C uncil of the
City of Baytown this the 23rd day of January, 2025.
RLES J SON, Mayor
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APPROVED S T FORM:
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SCOTT7LEK4bND, City Attorney
V Ordinances and Resolutions Ordinance Drafts 2025-01-23 Hands County Emergency Sen ices District No.75 Interlocal Agreement.docx
EXHIBIT "A"
INTERLOCAL AGREEMENT FOR EMERGENCY SERVICES
This Interlocal Agreement for Emergency Services (herein "Agreement") is entered into
effective February 1, 2025, by and between HARRIS COUNTY EMERGENCY SERVICES
DISTRICT NO. 75 and THE CITY OF BAYTOWN, TEXAS, for TEN AND NO/100 ($10.00)
DOLLARS, the mutual covenants and agreements herein contained, and other good and valuable
consideration. Accordingly, HARRIS COUNTY EMERGENCY SERVICES DISTRICT NO. 75
and THE CITY OF BAYTOWN, TEXAS agree to the following:
I.
PARTIES
(1) I IARRIS COUNTY EMERGENCY SERVICES DISTRICT NO. 75 ("District") is
a political subdivision of the State of Texas, organized and operating in a portion of Harris County,
Texas, under Section 48-e, Article III of the Texas Constitution and Chapter 775 of the Texas
Ilealth and Safety Code ("H & S Code").
(2) THE CITY OF BAYTOWN, TEXAS (the "City of Baytown") is a Texas home-
rule municipality operating in accordance with its municipal charter and applicable provisions of
the Texas Constitution and state law.
II.
DEFINITIONS
Unless the context indicates otherwise, the following words as used in this Interlocal
Agreement shall have the following meanings:
(1) "Emergency Services" shall mean and include the following services only:
(a) Services used to respond to an individual's perceived need for immediate
medical care and to prevent death or aggravation of physiological or
psychological illness or injury, as defined in the Emergency Ilealth Care
Act, V.T.C.A., H & S Code, Sections 773.001, 773.003, as amended.
(b) Fire fighting, fire extinguishment, and rescue services used to respond to
fire suppression and extinguishment, suspected fire incidents, and other
incendiary incidents, entrapments and extrications, motor vehicle and other
types of accidents, hazardous materials responses, and other incidents for
which the expertise and training of firefighters are appropriate or indicated.
(c) First responder services used to provide on-scene patient care to the ill and
injured, but no services regarding the transport of such patients.
(2) "Service Area"shall mean the area within the geographic boundaries of the District,
as more particularly described in Exhibit "A," attached hereto and incorporated herein. Provided,
however, in the event geographic boundaries of the District are reduced by the District's exclusion
or removal of territory in accordance with Chapter 775 of the 11 & S Code, the Service Area, as
defined in this Agreement, will be likewise reduced.
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02275-001 584555.1
In.
BACKGROUND/JURISDICTION
(1) The District is making this Agreement pursuant to Section 775.031 of the H & S
Code. The District has the authority to enter into such necessary contracts with others, including
incorporated cities, to make Emergency Services available to the District.
(2) The District has determined that it currently does not directly provide such
Emergency Services or possess currently the capability of directly providing the Emergency
Services.
(3) The City of Baytown currently possesses facilities and personnel to provide the
Emergency Services to the District and is willing to utilize the City's facilities and personnel to
provide to the District such Emergency Services under the terms and conditions of this Agreement
and for the consideration hereinafter provided.
(4) The City of Baytown is making this Agreement pursuant to its municipal charter
and applicable provisions of state law to provide Emergency Services in accordance with this
Agreement to the District within the District's Services Area.
(5) This Agreement is entered into by the District and the City of Baytown pursuant to
the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The purpose of the
Agreement is for the City of Baytown to perform certain government functions, being the
providing of the Emergency Services pursuant to this Agreement within the Service Area.
(6) The City of Baytown agrees to provide the Emergency Services in accordance with
this Agreement.
(7) In performing their respective obligations hereunder, both the District and the City
of Baytown shall comply with all applicable rules, regulations and laws of the United States of
America, the State of Texas, and the City of Baytown, as they now exist or may hereinafter be
enacted or amended.
IV.
TERM; EARLY TERMINATION
(1) The term of this Agreement is for a period of three(3) years,beginning February 1,
2025, and ending January 31, 2028 (Operating Years 2025, 2026 and 2027 which are funded by
tax levies for Tax Years 2024, 2025 and 2026).
(2) Either party may terminate this Agreement upon six (6) months' written notice to
the other party.
(3) If either party defaults in any of its obligations under this Agreement, the non-
defaulting party shall give the defaulting party written notice of the default and shall provide thirty
(30) days to cure the default. If the default is not cured within such thirty (30) days, the non-
defaulting party may terminate this Agreement immediately thereafter by giving written notice of
termination.
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02275-001 584555.1
(4) The term of this Agreement may be extended only upon the mutual signed
agreement of both parties upon such terms and conditions as agreed to at that time.
V.
TERMS OF COMPENSATION
(1) During the term of this Agreement, the compensation to be paid each Operating
Year by the District to the City of Baytown for the Emergency Services to be provided by the City
of Baytown shall be 84.240.o of the ad valorem taxes which could be assessed and collected at the
District's Voter-Approval Tax Rate or the District's De Minimis Rate(if said rate does not exceed
the District's statutory maximum rate), whichever is higher, as calculated by Harris County Tax
Assessor-Collector and as indicated on Section 8 of the District's Tax Rate Calculation Worksheet
for Tax Years 2024, 2025 and 2026 and applied to District obligations in Operating Years 2025,
2026 and 2027. Payments shall be made payable on the 15th day of March and September during
each year of the term of this Agreement.
(2) Payments by the District to the City of Baytown required by subsection (1), above,
will be made based upon the values included on latest certified rolls, including all supplements and
amendments thereto,provided by the Harris County Appraisal District("HCAD").
(3) In the event that any certification by HCAD is later amended and that amendment
results in the District being required to refund taxes to any entity erroneously assessed the District's
tax rate,then the City,upon written request of the District,will also be required to refund the District
a proportionate amount of any payment already made by the District. In the event that any
certification by HCAD is later amended and such amendment results in an increase in the certified
value, the District shall be required to remit additional compensation based upon the new valuation
and the formula established in this article.
(4) All obligations of the District to make the payments required by this Agreement are
subject to the District actually collecting taxes levied; provided that any and all delinquent tax
collections due for tax years 2024, 2025, and 2026 shall be remitted to the City within thirty (30)
days of receipt thereof regardless of the expiration or termination of this Agreement. The District
shall be required to submit a report of delinquent taxes collected including principal and interest
amounts on the 15t,day of March and September of each year. This obligation shall remain in full
force and effect until all amounts due are paid in full to the City.
(5) In the event the District shall choose to terminate the Agreement during the term, the
District shall remit final payment along with its notice of tennination in order for such termination
to be effective.Such final payment shall include both(1) delinquent payments, if any,together with
interest as calculated under Texas Government Code § 2251.025 and (ii) the total amount due for
the contract year in which the agreement is terminated.
(6) The City of Baytown has the sole discretion to determine how the compensation
paid hereunder is expended.
02275-001 594555.1
VI.
LIMITATIONS ON REPRESENTATIONS AND WARRANTIES
(1) The District acknowledges that the City of Baytown is a municipality with similar
statutory obligations to its own corporate area and that the City of Baytown similarly provides
Emergency Services to the corporate area of the City of Baytown and other jurisdictions pursuant
to primary and mutual aid agreements. District further acknowledges that it recognizes that the
provision of Emergency Services to District shall not be exclusive but shall be rendered in the
context of the City of Baytown's fire and emergency response protocols, and that Emergency
Services shall be provided contingent upon the availability of the City of Baytown's Emergency
Services personnel, equipment and supplies. Nothing contained herein shall be construed so as to
require the City of Baytown to provide Emergency Services under this Agreement if such
personnel, equipment and supplies are unavailable or otherwise engaged in the actual provision of
Emergency Services. In such instances the City of Baytown shall make reasonable effort to have
Emergency Services provided to the District Service Area by other Emergency Services providers
under mutual aid agreements that the City of Baytown has or will have with other Emergency
Services providers. After receipt of a written request of the District, the City of Baytown agrees to
provide District copies of its response protocols as same may affect District and the District's
Service Area to the extent that the same are subject to disclosure.
(2) The City of Baytown represents that the quality of the Emergency Services
provided will be of substantially similar quality to the Emergency Services that had been provided
by the City of Baytown in the Service Area as of January 1, 2021.
(3) During the term of this Agreement, the City of Baytown agrees, subject to the
limitations contained in this Agreement, to provide the Emergency Services to the District Service
Area on a twenty-four(24) hour per day basis seven (7) days a week.
Vll.
DUTIES AND RESPONSIBILITIES OF THE CITY OF BAYTO'"N
(1) The City of Baytown agrees to provide the Emergency Services to the Service Area
in accordance with this Agreement subject to the limitations set out in the preceding Article.
(2) Subject to the limitations set out in the preceding Article, the City of Baytown shall
use reasonable efforts to provide the necessary manpower and equipment to provide the Emergency
Services to the Service Area in accordance with this Agreement and may enter into and maintain
reciprocal mutual aid agreements with surrounding fire departments when necessary or advisable as
determined in the sole discretion of the City of Baytown.
(3) The City of Baytown, by and through its Fire Chief, shall furnish District on a
quarterly basis, a copy of the run reports listing the total number of runs made by the City of
Baytown Emergency Services agencies within the Service Area for the prior quarter. To the extent
allowed by law, such reports shall include street addresses for fire suppression responses and the
general vicinity of the EMS and EMS first responder calls. All such reports shall indicate the
response times and identification of apparatus and equipment dispatched to each scene.
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02275-001 584555.1
VIll.
NOTICE TO HARRIS COUNTY 911 NETWORK
The District and City of Baytown agree to present any required letters or resolutions to
the Harris County 911 Network to reflect the providing of Emergency Services pursuant to this
Agreement and dispatch protocols relative thereto.
IX.
AMENDMENT BY MUTUAL AGREEMENT
This Agreement may be amended only by the mutual signed and written agreement of the
parties.
X.
ASSIGNABILITY
This Agreement shall not be assigned by either party without first obtaining the written
consent of the other party.
Xl.
MISCELLANEOUS
(1) Neither party shall be liable for failure to perform any duty or obligation that either
may have under this Agreement where such failure has been occasioned by any act of God, fire,
strike, inevitable accident,war, or any cause outside the reasonable control of the party who had the
duty to perform. The performance of such duty or obligation shall be excused for the period of the
delay, and the period of performance of any such act shall be extended for a period equivalent to the
period of such delay.
(2) By this Agreement, District and the City of Baytown do not consent to litigation
and expressly revoke any consent to litigation or suit, and the District and the City of Baytown
hereby expressly revoke any consent that it may have granted by the terms of this Agreement, any
charter, or applicable state law.
(3) Notwithstanding anything to the contrary contained in this Agreement, the City of
Baytown and the District hereby agree that no claim or dispute between the City of Baytown and the
District arising out of or relating to this Agreement shall be decided by any arbitration proceeding
including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections
1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General
Arbitration Act, provided that in the event that the City of Baytown is subjected to an arbitration
proceeding notwithstanding this provision, the District consents to be joined in the arbitration
proceeding if the District's presence is required or requested by the City of Baytown for complete
relief to be recorded in the arbitration proceeding.
(4) Notwithstanding anything in this Agreement which may be construed to the
contrary, this Agreement shall not operate as a merger,consolidation or annexation of one political
subdivision by another.
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02275-001 584555.1
(5) It is not the intention of the parties hereto to create a partnership or association. The
duties and liabilities of the City of Baytown and the District are intended to be separate and not joint
or collective.Nothing contained in this Agreement and in any agreement made pursuant hereto shall
ever be construed to create a partnership or association or impose a partnership duty, obligation or
liability with respect to any one or more of the parties hereto.
(6) The City Manager of the City of Baytown or his designee shall be the liaison with
the District. The District Board president or his designee shall be the liaison with the City of
Baytown.
(7) This Agreement embodies the whole agreement of the parties and supersedes all
previous communications, representations or agreements between the parties with respect to the
matters contained herein. Any oral representation or modification concerning this Agreement shall
be of no force or effect,excepting a subsequent modification in writing signed by all parties hereto.
(8) The validity, interpretation, and performance of this Agreement shall be governed
by the laws of the State of Texas.
(9) This Agreement is fully performable and enforceable in Harris County, Texas,
wherein venue hereunder shall lie.
(10) This Agreement shall not bestow any rights upon any third party, but rather, shall
bind and benefit the District and the City only.
(11) The article headings are used in this Agreement for convenience and reference
purposes only and are not intended to define, limit or describe the scope or intent of any provision
of this Agreement and shall have no meaning or effect upon its interpretation.
(12) In the event of any ambiguity in any of the terms of this Agreement, it shall not be
construed for or against any party hereto on the basis that such party did or did not author the same.
(13) Failure of either party hereto to insist on the strict performance of any of the
agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure
of performance shall not be considered a waiver of the right to insist on and to enforce by an
appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or
remedy occurring as a result of any future default or failure of performance.
(14) The parties acknowledge that they have read, understand and intend to be bound by
the terms and conditions of this Agreement.
(15) The officers executing this Agreement on behalf of the parties hereby represent that
such officers have full authority to execute this Agreement and to bind the party he she represents.
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02275-001 584555.1
XI.
NOTICES
Any notice required or pennitted to be given by the District to the City of Baytown
hereunder may be given by certified or registered United States Mail, postage or fee prepaid,
return receipt requested, and addressed to:
City of Baytown
P. O. Box 424
Baytown, Texas 77522
Attn: City Manager
With a copy to:
City of Baytown
3200 North Main Street
Baytown, Texas 77521
Attn: Fire Chief
Any notice required or permitted to be given by the City of Baytown to the District
hereunder may be given by certified or registered United States Mail,postage or fee prepaid,return
receipt requested, addressed to:
Harris County ESD No. 75
P.O. Box 914
Mont Belvieu, Texas 77580
With a copy to:
Smith, Murdaugh, Little & Bonham, L.L.P.
Attn: Nicole E. Pierce
2727 Allen Parkway, Suite 1100
Houston, Texas 77019
Either party may change its address by giving notice to the other Party in writing.
Any notice mailed by certified United States mail, return-receipt requested, postage or fee prepaid,
shall be deemed given upon deposit in the Unites States mail.
This Agreement is dated the day of 2025, effective
February 1, 2025.
THE CITY OF BAYTOWN, TEXAS HARRIS COUNTY EMERGENCY
SERVICES DISTRICT NO. 75
By: By:
Print Name: Jason Reynolds Print Name: Robert Wagnon
Title: City Manager Title: Board President
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