Ordinance No. 7,835961024 -13
ORDINANCE NO. 7835
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE FIRST AMENDMENT TO THE EMERGENCY
PROTECTION SERVICES AGREEMENT BETWEEN THE CITY OF BAYTOWN
AND RHONE - POULENC INC., TO PROVIDE SERVICES FOR FIRE,
CHEMICAL AND MEDICAL EMERGENCIES AT THE RHONE - POULENC
PLANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown and Rhone- Poulenc Inc., did enter into an Emergency
Protection Services Agreement on September 1, 1993; and
WHEREAS, the City Council of the City of Baytown, Texas, wishes to approve and
authorize an Amendment to the Agreement for Emergency Protection Services with Rhone- Poulenc
Inc., to provide services for fire, chemical and medical emergencies; NOW THEREFORE
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
execution of an Amendment to the Agreement for Emergency Protection Services with Rhone-
Poulenc Inc., to provide services for fire, chemical and medical emergencies. A copy of said
Amendment is attached hereto as 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 24th day of October, 1996.
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PETE C. ALFAR , Mayor
ATTEST:
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EILEEN P. HALL, City Clerk
APPROVED AS TO FO
I CIO RAMIREZ, S ' ity Attorney
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0
FIRST AMENDMENT
TO
AGREEMENT FOR EMERGENCY PROTECTION SERVICES
THIS FIRST AMENDMENT TO THE AGREEMENT FOR EMERGENCY
PROTECTION SERVICES is made and entered into by and between the CITY OF
BAYTOWN, Texas, a municipal corporation located in Harris County and Chambers
County, Texas (hereinafter referred to as the "City" or the "City of Baytown "), and
RHbNE- POULENC INC., a New York corporation, licensed to do and doing business in
the State of Texas (hereinafter referred to as "Rhone - Poulenc "), having a plant and facilities
in Harris County, Texas.
WHEREAS, Rhone- Poulenc and the City of Baytown wish to amend the Agreement for
Emergency Protection Services dated September 1, 1993 between the City of Baytown and
Rhone- Poulenc (hereinafter referred to as the "Agreement ") to provide for the term of the
Agreement to run substantially coincidentally with the Industrial District Agreement
between the City of Baytown and Rhone- Poulenc entered into as of the same date as this
First Amendment to the Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual promises contained
in the Agreement'and in this First Amendment, the City of Baytown and Rhone- Poulenc
hereby agree as follows:
1. Paragraph 10. of the Agreement is hereby deleted in its entirety and replaced with
'the following:
"10. The term of this Agreement shall commence on September 1, 1993 and shall
continue for an initial term of ten (10) years from such date, ending on August 31,
2003, (hereinafter referred to as the "Initial Term "). Following the Initial Term, this
Agreement shall be automatically renewed for additional successive terms of seven
(7) years each, unless (a) terminated by either party as provided elsewhere herein, or
(b) terminated as of the end of the Initial Term or any renewal term by either party
upon at least six (6) months written notice prior to the end of the Initial Term or any
such renewal term. In connection with the foregoing, if either party wishes to
renegotiate the terms of this Agreement with respect to the next renewal term, such
party shall give the other party at least nine (9) months written notice prior to the
end of the Initial Term or the applicable renewal term of its desire to negotiate an
amendment or amendments to this' Agreement. Each fiscal year during the Initial
Term and each successive term of this Agreement, commencing on September 1 of
EXHIBIT A
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each year and ending on August 31 of the following year, shall be deemed a
"Contract Year" hereunder."
IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed
by their duly authorized representatives this the day of October, 1996.
ATTEST:
ATTEST:
Eileen P. Hall, City Clerk
APPROVED AS TO FORM:
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IgTfdcio Ramirez, Sr., City Morney
0
RHONE - POULENC INC.
By: -�-
Name: Myron S. Gal skin
Title: Vice President and General Manager,
Sulfuric & Environmental Services
Crff OF BAYTOWN
By: _
Name: Pete C. Alfaro
Title: Mayor
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