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Ordinance No. 7,908970227 -6 ORDINANCE NO. 7908 is AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE SENIOR CITIZEN TAXI PROGRAM AGREEMENT BY AND BETWEEN JOY HART, DOING BUSINESS AS RED TOP CAB COMPANY AND SAFEWAY CAB COMPANY AND THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, Joy Hart, Doing Business As Red Top Cab Company and Safeway Cab Company (the "Company ") did enter into a contract for the Senior Citizen Taxi Program on December 28, 1995; and WHEREAS, the City Council of the City of Baytown, Texas, wishes to approve and authorize an extension of the contract through March 31, 1997; 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 extension of the Senior Citizen Taxi Program Agreement through March 31, 1997. 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 27th day of February, 1997. C PETE C. ALFA O, Mayor ATTEST: - EILEEN_P.?HALL, City Clerk APPROVED AS TO FORM: G ACIO RAMIRE R., City Attorney c: \count illmeetings \february\tax iagre.27 0 CONTRACT OF EXTENSION OF THE SENIOR CITIZEN TAXI PROGRAM AGREEMENT STATE OF TEXAS COUNTY OF HARRIS WHEREAS, on the 28th day of December, 1995, the City of Baytown, a municipal corporation located in Harris and Chambers Counties, Texas, hereinafter referred to as the "City," and Joy Hart, d/b /a Red Top Cab Company and Safeway Cab Company, hereinafter referred to as the "Company," and collectively referred to herein as the "Parties," entered into a Senior Citizen Taxi Program Agreement, hereinafter referred to as the "Agreement "; and WHEREAS, the Agreement expired September 30, 1996; however, the same was extended until November 30, 1996; and WHEREAS, the Parties thereafter entered into a Contract of Extension of the Senior Citizen Taxi Program Agreement, which extended the term of the Agreement through February 28, 1997; and WHEREAS, the Parties desire to again extend the Agreement until March 31, 1997; NOW THEREFORE, for and in consideration of the foregoing premises and 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 Contract of Extension of the Senior Citizen Taxi Program Agreement, hereinafter referred to as the "Contract," shall have the same meanings as in the Agreement. Both the Company and the City hereby renew the Agreement under the same terms and conditions and without modification for a period extending until March 31, 1997. Contract of Extension, Page EXHIBIT A ® III. n LJ The provisions of this Contract and the provisions of the Agreement should be read together and construed as one (1) agreement provided that, in the event of any conflict or inconsistency between the provisions of this Contract and the provisions of the Agreement, the provisions of this Contract shall control. IV. This Contract along with the Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas and the City, 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. In The officers executing this Contract on behalf of the parties hereby represent that such officers have full authority to execute this Contract and to bind the party he /she represents. IN WITNESS WHEREOF, the parties hereto have executed this Contract 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 day of February, 1997. ATTEST: EILEEN P. HALL, City Clerk Contract of Extension, Page 2 CITY OF BAYTOWN, TEXAS BOBBY ROUNTREE, City Manager C] 7 JOY HART, DB /A RED TOP CAB COMPANY and SAFEWAY CAB COMPANY JOY HART, President STATE OF TEXAS § COUNTY OF HARRIS § Before me on this day personally appeared Joy Hart, in her capacity as President of Red Top Cab Company and Safeway Cab Company, on behalf of such companies, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this c: kIh281 CommunityDcvclopmcnt \TaxiExtension I.Agrcemcnt Contract of Extension, Page 3 day of February, 1997. Notary Public in and for the State of Texas