Ordinance No. 14,044ORDINANCE NO. 14,044
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 THE FIRST AMENDMENT TO THE EMERGENCY
PROTECTION SERVICES AGREEMENT WITH CHAMBERS COUNTY
IMPROVEMENT DISTRICT NO. 2; 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 the First Amendment to the Emergency
Protection Services Agreement with Chambers County Improvement District No. 2. A copy of said
amendment 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 vote of the City Council of the City
of Baytown this the 28`h day of March, 2019.
iB NDON CAPETILLO, Mayor
ATTEST:
LET CIA BRYSCH, City C erk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR , ity Attorney
RAKarenTiles.City Council. Ordinances\2019\March 28 1stAmendment2EmergencyProtectionServicesAgreement.doc
Exhibit "A"
FIRST AMENDMENT TO
AGREEMENT FOR EMERGENCY PROTECTION SERVICES
This First Amendment to Agreement for Emergency Protection Services (this "First
Amendment") is entered into to be effective as of , 2019, by and between the City of
Baytown, Texas, a municipal corporation and home -rule city which is located in Harris County,
Texas and Chambers County, Texas (the "City"), and Chambers County Improvement District
No. 2., a special district created pursuant to Sections 52 and 52-a, Article III, and Section 59,
Article XVI, Texas Constitution (the "District").
RECITALS
The City and the District entered into that certain Agreement for Emergency Protection
Services, dated as of October 24, 2014 (the "Agreement"), pursuant to which the City agreed to
provide fire fighting support and backup protection to the Territory (as defined in the
Agreement).
The District is in the process of annexing land into the boundaries of the District and the
City and the District now desire to amend the Agreement to include the land to be annexed by
the District in the Territory.
AGREEMENT
For and in consideration of the mutual covenants and terms contained herein and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the City and the District agree as follows:
1. Unless otherwise specifically set forth in this First Amendment, all capitalized terms
herein shall have the meanings set forth in the Agreement.
2. The second recital on page 1 of the Agreement is hereby deleted in its entirety and
replaced with the following:
WHEREAS, the territory includes real and personal property used in the logistics,
warehousing, distribution, manufacturing, refining and chemical manufacturing, research,
support, and office facilities used in direct support of these operations situated either
contiguous thereto or separated by roads, which territory includes the land more
specifically identified in Exhibit "A," which is attached hereto and incorporated herein
for all intents and purposes, and any additional land which is annexed by the DISTRICT
with the CITY's consent (hereinafter referred to as the "Territory"); and
3. Exhibit "A" of the Agreement is hereby deleted in its entirety and replaced with the
Exhibit "A" attached hereto.
4. This First Amendment shall continue in force and effect for the same period as the
Agreement.
5. Except as specifically amended in this First Amendment, the Agreement shall remain in
full force and effect in accordance with its terms and conditions, which terms and
conditions shall apply to this First Amendment. In the event of any conflict between this
First Amendment and the Agreement, the terms and conditions of this First Amendment
shall govern and control.
6. This First Amendment and the Agreement embody the entire agreement between the City
and the District relative to the subject matter hereof and thereof.
7. This First Amendment may be executed simultaneously in counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument.
[SIGNATURES COMMENCE ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of this
day of , 2019.
ATTEST:
(Signature)
(Printed Name)
(Title)
APPROVED AS TO FORM:
(Signature)
(Printed Name)
(Title)
DISTRICT
(Signature)
By:
(Printed Name)
(Date)
(Title)
Chambers County Improvement District No. 2
-3-
CITY
RICHARD L. DAVIS (Date)
City Manager
City of Baytown, Texas
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
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