Ordinance No. 12,904ORDINANCE NO. 12,904
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
EXTENSION TO THE AGREEMENT FOR EMERGENCY PROTECTION
SERVICES WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1
FOR A PERIOD NOT TO EXCEED NINETY (90) DAYS; 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 Extension of the Emergency Protection
Services with Chambers County Improvement District No. 1 for a period not to exceed ninety (90)
days. A copy of the form of said extension is attached hereto, marked Exhibit "A" and made a part
hereof 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
of Baytown this the 23rd day of July, 2015.
S
ATT T:
LETICIA BRYSCH, Ci lerk
APPROVED AS TO FORM:
moo,
i
Na f—
NACIO RAMIREZ, SR., CiVy Attorney��
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City Council of the City
, Mayor
Exhibit "A"
EXTENSION OF THE AGREEMENT FOR EMERGENCY PROTECTION
SERVICES
STATE OF TEXAS
COUNTY OF HARRIS
This EXTENSION AGREEMENT is made, entered into and effective as of the 1" day of August,
2015, by and between the CITY OF BAYTOWN, Texas, a municipal corporation located in Harris
County and Chambers County, Texas (the "CITY "), and Chambers County Improvement District No. 1,
(the "DISTRICT "), having a territory and facilities in Chambers County, Texas.
WHEREAS, the CITY and the DISTRICT entered into the Agreement for Emergency Protection
Services effective August 1, 2005, under which the CITY provided fire fighting support and backup
protection to the DISTRICT's territory and facilities therein (the "Agreement "); and
WHEREAS the Agreement had a term of six (6) years, which term expired on July 30, 2011; and
WHEREAS, the Agreement was renewed by the CITY and the DISTRICT pursuant to Section
of the same, which provided for an extension for four (4) additional years; and
WHEREAS, the Agreement, as renewed, will expire on July 31, 2015; and
WHEREAS, the DISTRICT has requested that the CITY continue to provide services under the
Agreement for an additional period of ninety (90) days; and
WHEREAS, the CITY is willing to do provide such services for days under
the terms and conditions expressed herein;
NOW THEREFORE, in consideration of the promises and of the mutual covenants and
agreements herein contained, the CITY and the DISTRICT agree as follows:
That the CITY and the DISTRICT agree to extend the term of the Agreement for Emergency
Protection Services, which is attached hereto as Exhibit "A" and incorporated herein for all
intents and purposes, until , 2015, under the same terms conditions
with the exception of the minimum payment amount, which shall be
($ ), excluding reimbursable expenses. The DISTRICT agrees to make such
payment to the CITY on or before July 31, 2015. It is expressly understood and agreed that the
CITY shall not be obligated to provide any emergency protection services should the DISTRICT
fail to make payment in full by July 31,2015.
It is agreed and understood that the DISTRICT is responsible for the safety of its personnel and
persons performing emergency services for fire, chemical and medical emergencies at the
Territory.
In the event of any ambiguity in any of the terms of this Extension 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.
4. This Extension Agreement shall in all respects be interpreted and construed in accordance with
and governed by the laws of the State of Texas, regardless of the place of its execution or
performance. The place of making and the place of performance for all purposes shall be
Baytown, Harris County, Texas.
5. This Extension Agreement shall bind and benefit the CITY and the DISTRICT and shall not
bestow any rights upon any third parties.
6. This Extension Agreement contains all the agreements of the parties relating to the subject matter
hereof and is the full and final expression of the agreement between the parties. This Agreement
shall not be amended or modified without the express written consent of both parties hereto.
7. The officers executing this Extension Agreement on behalf of the parties hereby represent that
such officers have full authority to execute this Extension Agreement and to bind the party he /she
represents.
IN WITNESS WHEREOF, the parties have executed this Extension Agreement as of the date
first set forth above in multiple copies, each of which shall be deemed to be an original, but all of which
shall constitute but one and the same agreement.
CHAMBERS COUNTY
IMPROVEMENT DISTRICT NO. 1
Authorized Agent's Signature
Authorized Agent's Printed Name
Authorized Agent's Title
ATTEST:
Signature
Printed Name
Title
CITY OF BAYTOWN
RICHARD L. DAVIS
City Manager
ATTEST:
LETICIA BRYSCH
City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR.
City Attorney
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Extension Agreement, Page 2