Ordinance No. 13,936ORDINANCE NO. 13,936
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO A MEMORANDUM OF
RENEWAL OF THE AGREEMENT FOR EMERGENCY PROTECTION
SERVICES WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO.
3; 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
and directs the Mayor and City Clerk of the City of Baytown to execute and attest to a
Memorandum of Renewal of the Agreement for Emergency Protection Services with Chambers
County Improvement District No. 3. A copy of said memorandum is attached hereto, marked
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 Council of the
City of Baytown, this the 8t' day of November, 2018.
A ST:
LETICIA BRYSCH, Ci Jerk
APPROVED AS TO FORM:
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NACIOIREZ, S City Attorney
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CHARLES R. JMNSON, Mayor Pro Tem
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Exhibit "A"
MEMORANDUM OF RENEWAL
STATE OF TEXAS
COUNTY OF CHAMBERS
WHEREAS, the City Council of the City of Baytown (the "City") entered into an Agreement for
Emergency Protection Services (the "Contract'l with Chambers County Improvement District No. 3 (the
"District") and Grand Parkway/Kilgore Parkway, LP, on November 15, 2012; and
WHEREAS, the Contract provides that the Contract may be renewed under the same terms and
conditions for an additional four-year period upon the agreement of the parties; and
WHEREAS, the Contract specifically states:
The term of this Agreement shall commence on the effective date of this Agreement
and shall continue for an initial term of six (6) years from such date ("Initial Term `D, unless
terminated pursuant to Paragraph 4 or 5 hereinabove. Following the Initial Term, this
Agreement may be renewed for an additional four-year term upon agreement of the parties.
Each year during the Initial Term and any successive terM ofthis Agreement, commencing on
April l of each year and ending March 31 of the following year, shall be deemed a "Contract
Year" hereunder; and
WHEREAS, the City and the District desire to renew the Contract for a term commencing on
November 15, 2018, and ending on November 14, 2019; and
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
I.
Unless a different meaning clearly appears from the context, words and phrases as used in this
Memorandum shall have the same meanings as in the Contract.
II.
Pursuant to the Contract, the City and the District hereby renew the Contract under the same terms
and conditions as expressed therein for a term commencing on November 15, 2018, and ending on
November 14, 2019.
The provisions of this Memorandum and the provisions of the Contract should be read together and
construed as one agreement provided that, in the event of any conflict or inconsistency between the provisions
of this Memorandum and the provisions of the Contract, the provisions of this Memorandum shall control.
IV.
This Memorandum and the Contract replace and supersede all prior agreements regarding emergency
protection services by and between the City and the District and supersede all prior written and oral statements.
No representation, statement, or condition or warranty not contained in such documents is binding on the
parties hereto.
Memorandum of Renewal. Page i
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum 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, this the day of _ , 2018.
CITY OF BAYTOWN
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
CHAMBERS COUNTY I OVEMEN'
DISTRICT NO.
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Memorandum of Renewal, Page 2