Ordinance No. 7,967970427 -14
ORDINANCE NO. 7967
® 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 FIRE PROTECTION AGREEMENT
WITH HARRIS COUNTY; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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 Fire Protection
Agreement with Harris County. A copy of said agreement 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 24`h day of April, 1997.
/,e,& (I 4v-o�
PETE C. ALFARO, ayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
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•. City Att
® c:kIh33 \councii\ ordinances \HarrisCountyF ire Protection .Agreement
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AGREEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
THIS AGREEMENT, made and entered into by and between HARRIS COUNTY, a body
corporate and politic under the laws of the State of Texas, hereinafter sometimes called
"County," acting herein by and through its County Judge duly authorized to so act by an Order of
the Harris County Commissioners Court, and the City of Baytown, a municipal corporation duly
organized and existing under the laws of the State of Texas, hereinafter sometimes called "City,"
acting herein by and through its Mayor duly authorized to so act by an Ordinance duly passed by
the City.
WITNESSETH:
WHEREAS, Harris County desires to provide fire fighting and fire protection services to
certain unincorporated areas of Harris County hereinafter designated to preserve the property of
the County and to preserve and protect the public health of the citizens of the County; and
WHEREAS, the City is willing to furnish fire fighting and fire protection services to said
unincorporated areas of Harris County for the considerations hereinafter provided;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in
consideration of the mutual covenants, agreements, and benefits to both parties, it is AGREED as
follows:
I.
During the term of this agreement, the City agrees to furnish fire fighting and fire
department protection services to the unincorporated areas adjoining the corporate limits of this
City designated by Zone Number 32 on the official fire protection zone map of Harris County, to
which reference is here made.
II.
Harris County agrees to pay the sum of Six Thousand Eight Hundred Forty and No /100
Dollars ($6,840.00) to the City for fire fighting and fire protection services to the unincorporated
area of Harris County designated in Paragraph I of this agreement. The County agrees that said
sum is to be paid to the City within thirty (30) days after the execution of this contract.
EXHIBIT A
® III.
The term of this agreement shall be for twelve (12) months beginning April 1, 1997, and
ending March 31, 1998.
IV.
It is hereby agreed and understood that the fire fighting and fire protection services to be
furnished by the City under this agreement shall include, but not be limited to, the following:
Answering all calls for help and assistance in extinguishing fires in the area designated in
Paragraph I of this agreement; furnishing fire fighting personnel, equipment, and supplies to fight
all fires within the said area; and answering all calls and furnishing fire fighting personnel,
equipment and supplies to protect persons and property within the said area which are
endangered by fires in adjacent areas; provided that the above described personnel, equipment
and supplies are not otherwise engaged in fire fighting within the City.
of
The City shall observe and comply with all federal, state, and local laws, rules,
ordinances, and regulations in any manner affecting the conduct of the services herein provided
and performance of all obligations undertaken by this agreement.
VI.
It is expressly understood that the County has the maximum sum of Six Thousand Eight
Hundred Forty and No /100 Dollars ($6,840.00) specifically allocated to fully discharge its
obligations under this agreement and it is expressly understood that in no event shall the County
be obligated to pay the City more than the sum of Six Thousand Eight Hundred Forty and
No/ 100 Dollars ($6,840.00) under the terms and provisions of the agreement.
VII.
It is further agreed that in the performance of all obligations undertaken by this
agreement, the City has the right to supervise, manage, control and direct the performance of fire
fighting and fire protection services; the County shall look to the City for results only and the
County shall have no right at any time to direct or supervise the City or its agents or employees
in the performance of such services or as to the manner, means or method in which the services
are performed.
VIII.
The City agrees to deliver to the Fire Marshal of Harris County a certified copy of the
® Ordinance authorizing the City to enter this Agreement within five (5) days after the execution of
this agreement.
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0 IX.
The City agrees to furnish the Fire Marshal of Harris County, not later than the fifth (5th)
day of each month, a monthly report listing the total number of runs made into the area of Harris
County designated in Paragraph I of this agreement for the previous month and such other
information relating to fire fighting and fire prevention services of the City as may be requested
by the Fire Marshal of Hams County. Said report shall be made on the form provided by the
Harris County Fire Marshal and shall be signed and certified by an officer of the City.
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The City covenants and agrees that it will, at its own expense, maintain at all times during
the term of this Agreement, a Iiability insurance policy naming the City as an insured and the
County as an additional insured, covering injuries arising out of or in connection with the
performance of the services herein provided for, with coverage of not less, than One Hundred
Thousand and No /100 Dollars ($100,000.00) for injuries to any one person and not less than
Three Hundred Thousand and No /100 Dollars ($300,000.00) for injuries to more than one person
in any one accident or occurrence, and not less than One Hundred Thousand and No /100 Dollars
($100,000.00) for any single occurrence for injury to or destruction of property, or in the amount
of the County's maximum limitations of liability under the Texas Tort Claims Act, as amended,
whichever is greater. Such liability insurance policy shall include coverage for all apparatus
and/or premises made available to the City by County in performing its fire fighting obligations
as well as any fire fighting and fire protection services provided for herein. Further, the City
agrees to provide to County a certificate of insurance evidencing the same within fifteen (15)
days after the execution of this Agreement. Said certificate of insurance shall be mailed to:
Harris County Fire Marshal
480 N. Sam Houston Parkway E., Suite 105
Houston, Texas 77060
Attention: Asst. Fire Marshal
Fire Department's failure to timely provide such certificate of insurance shall be considered a
breach of this Agreement thereby permitting the Fire Marshal to immediately terminate same
without any further notice.
XI.
If either party hereto refuses or fails to timely perform any one or more of the
undertakings and obligations which are to be performed hereunder, then and in that event, the
other party hereto shall have the right to terminate this Agreement upon ten (10) days written
notice to the defaulting party. Within ten (10) days after receipt of such notice of termination,
® the City shall refund to County an amount equal to 1 /12th of the sum set forth in Paragraph II
above, times the number of full calendar months remaining under the term of this Agreement
after such termination date.
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XII
Any notice required or permitted to be given by County to the City hereunder may be
given by certified or registered United States Mail, postage prepaid, return receipt requested, and
addressed to:
Baytown Fire Department
201 E. Wye Dr.
Baytown, Texas 77521
Any notice required or permitted to be given by the City to County hereunder may be
given by certified or registered United States Mail, postage or fee prepaid, return receipt
requested addressed to:
Harris County
1001 Preston, 9th Floor
Houston, Texas 77002
Attention: County Judge
Any notice shall be considered given and complete upon deposit in the United States Mail as
aforesaid.
XIII.
This instrument constitutes the entire agreement between the parties hereto and
supersedes any and all agreements previously entered into by these same parties pertaining to fire
fighting services insofar as it covers the term above specified.
EXECUTED this the U ` day of , 19 V
APPROVED AS TO FORM:
MICHAEL P. FLEMING
County Attorney
HARRIS COUNTY
By °�� By
J M. RENFRO ROBERT ECKELS, County Judge
Assistant County Attorney
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ATTEST: CITY OF BAYTOWN
Secretary
By_
Mayor
CERTIFICATION OF FUNDS
I hereby certify that funds are available in the amount of Six Thousand Eight Hundred
Forty and No /100 Dollars ($6,840.00) to pay the obligation of Harris County under and within
the foregoing contract.
TOMMY J. TOMPKINS
County Auditor
Harris County, Texas
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ORDER AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN
HARRIS COUNTY AND THE CITY OF BAYTOWN
THE STATE OF TEXAS §
COUNTY OF HARRIS §
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On this the 7/� day of ` 19 q , the Commissioners Court of Harris
County, Texas, being duly convened at a gular meeting o the Court, upon motion of Commissioner
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fE(�5 LEE ,[1, seconded by Commissioner , duly put and carried,
It is ORDERED that the County Judge be, and he is hereby authorized to execute an
agreement to provide fire fighting and fire protection services between Harris County and the City of
Baytown, said Agreement being incorporated herein by reference for all purposes as though fully set
forth word for word.
Prwented to Commkclnnoro' Or,-,
0 APR 81997
APPROVE
Recorded Vol Page
Certificate of Coverage
This is to certify that contracts of coverage listed below have been issued to the member and are in effect at this
time. Notwithstanding any requirements, terms or conditions of any contracts or other documents with respect
to which this certificate may be issued or may pertain, the coverage afforded by the contracts described herein is
subject to all the terms, exclusions and additions of such contracts. Coverage is continuous until cancelled.
Contract Number: 6179
Member: City of Bay1own
ATTN• Raymond Bradford
P.O. Box 424
Baytown, Texas 77522
Company Texas Municipal League
Affording Intergovernmental Risk Pool
Coverage: P.O. Box 149194
Austin, Texas 78714 -9194
(512) 491 -2300 or (800) 537 -6655
Fax (512) 491 -2404
LIAEIIII`Y
:;GENE ............................:.:.:.......:..:.:.:..:.........:.::.:.:.:.:.........::::....._.:::.....::.::::.::.:::;:
:.�;.:.;:::.::.._:.......:.:.. :.:;.:
Limits of Liability
$ 1,000,000
Each Occurrence
Sudden Events
Involving Pollution
$ 1,000,000
Each Occurrence
Annual Aggregate
$ 2,000,000
Effective Date 10/01/96
Deductible Per Occurrence
$ 10,000
Anniversary Date 10/01/97
LAW ENFQRCBMENT LYABIlITY
Limits of Liability
$
Each Occurrence
Annual Aggregate
$
Effective Date
Deductible Per Occurrence
$
Anniversary Date
>ERRORS AND OMISSIONS LXABII1TTY
Limits of Liability
$
Each Claim
Annual Aggregate
$
Effective Date
Deductible Per Claim
$
Anniversary Date
RE: Fire fighting and fire department protection services to the unincorporated areas of Harris County adjoining the
City of Baytown
Cancellation: Should any of the above described coverages be cancelled before the anniversary date thereof, the
issuing company will endeavor to mail 30 days written notice to the certificate holder, but failure to mail such notice
shall impose no obligation or liability of any kind upon the company.
Date Issued: 10/18/96 Authorized Representative:
Texas Municipal League Intergovernmental Risk Pool
Certificate Holder:
Harris County Fire Marshall
c/o County Judge
1001 Preston 9th Floor X102
H u t n Texas 77002 07/5196
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"Essential Services" means heating, ventilating, air conditioning, water, and utility connections
reasonably necessary for occupancy of the premises for the use stated above.
LEASE CLAUSES AND COVENANTS
A. Tenant agrees to:
L Lease the premises for the entire term beginning on the commencement date and
ending on the termination date.
2. Accept the premises in their present condition "AS IS," the premises being
currently suitable for Tenant's intended use.
3. Obey all laws, ordinances, orders, and rules and regulations applicable to the use,
condition, and occupancy of the premises, including the rules and regulations of the
building adopted by Landlord.
4. Pay monthly, in advance, on the first day of the month, the base rent to Landlord at
Landlord's address.
5. Repair, replace, and maintain any part of the premises that Landlord is not
obligated to repair, replace, or maintain, normal wear excepted.
6. Repair any damage to the premises caused by Tenant.
7. Submit in writing to Landlord any request for repairs, replacement, and
maintenance that are the obligations of Landlord.
8. Maintain public liability insurance for the premises and the conduct of Tenant's
business in the amounts stated in the basic lease terms and definitions.
9. Maintain insurance on Tenant's personal property
10. Vacate the premises on termination of this lease.
B. Tenant agrees not to:
1. (a) Create a nuisance, (b) interfere with any other tenant's normal business
operations or Landlord's management of the building, (c) permit any waste, or (d) use the
premises in any way that is extra hazardous, would increase insurance premiums, or would
void insurance on the building.
1 Alter the premises.
3. Allow a lien to be placed on the premises.
4. Assign this lease or sublease any portion of the premises without Landlord's
written consent.
C. Landlord agrees to:
1. Lease to Tenant the premises for the entire term beginning on the commencement
date and ending on the termination date.
2. Obey all laws, ordinances, orders, and rules and regulations applicable to the use,
condition, and occupancy of the building.
1 Provide and pay for utility service to the building.
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4. Repair, replace, and maintain the (a) roof, (b) foundation, (c) parking and common
areas, (d) structural soundness of the exterior walls, doors, corridors, windows, and (e)
other structures or equipment serving the premises.
5. Insure the building against all risks of direct physical loss in an amount equal to at
least 90 percent of the full replacement cost of the building as of the date of the loss and
liability; Tenant will have no claim to any proceeds of Landlord's insurance policy.
D. Landlord agrees not to:
Interfere with Tenant's possession of the premises as long as Tenant is not in
default.
2. Unreasonably withhold consent to a proposed assignment or sublease.
E. Landlord and Tenant agree to the following:
1. Alterations. Any physical additions or improvements to the premises made by
Tenant will become the property of Landlord. Landlord may require that Tenant, at
termination of this lease and at Tenant's expense, remove any physical additions and
improvements, repair any alterations, and restore the premises to the condition existing at
the commencement date, normal wear excepted.
2. Abatement. Tenant's covenant to pay rent and Landlord's covenants are
independent of each other. Except as otherwise provided, Tenant shall not be entitled to
abate rent for any reason.
3. Casualty/Total or Partial Destruction. (a) If the premises are damaged by
casualty and can be restored within ninety days, Landlord will, at its expense, restore the
premises to substantially the same condition as they existed before the casualty. If
Landlord fails to complete restoration within ninety days from the date of written
notification by Tenant to Landlord of the casualty, Tenant may terminate his lease by
written notice to Landlord. (b) If the premises cannot be restored within ninety days,
Landlord has an option to restore or not to restore the premises. If Landlord chooses not
to restore, this lease will terminate. If Landlord chooses to restore, it will notify Tenant of
the estimated time to restore and give Tenant an option to terminate this lease by notifying
Landlord within ten days. If Tenant does not terminate this lease, it shall continue and
Landlord shall restore the premises as provided in (a) above. (c) To the extent the
premises are untenantable after the casualty and the damage was not caused by Tenant, the
rent will be adjusted as may be fair and reasonable.
4. Condemnation /Substantial or Partial Taking. (a) If the premises cannot be
used for the purposes contemplated by this lease because of condemnation or purchase in
lieu of condemnation, this lease will terminate. (b) If there is a condemnation or purchase
in lieu of condemnation and this lease is not terminated, Landlord will, at Landlord's ex-
pense, restore the premises, and the rent payable during the unexpired portion of the term
will be adjusted as may be fair and reasonable. (c) Tenant will have no claim to the con-
demnation award or proceeds in lieu of condemnation.
5. Default by Landlord/Events. Defaults by Landlord are (a) failing to comply with
any provision of this lease within thirty days after written notice or (b) failing to provide
essential services to Tenant within ten days after written notice.
6. Default by Landlord/Tenant's Remedies. Tenant's remedies for Landlord's
default are to (a) sue for damages, and/or (b) if Landlord does not provide an essential
service for thirty days after default, terminate this lease.
7. Default by Tenant/Events. Defaults by Tenant are (a) failing to timely pay rent
and such failure is not cured after five days written notice to Tenant, or (b) failing to
comply within ten days after written notice with any provision of this lease other than the
• defaults set forth in (a) above.
8. Default by Tenant/Landlord's Remedies. Landlord's remedies for Tenant's
default are (a) if Tenant has abandoned the premises, to enter and take possession of the
premises, after which Landlord may relet the premises on behalf of Tenant and receive the
rent directly by reason of the reletting, and Tenant agrees to reimburse Landlord for any
expenditures made in order to relet; (b) to terminate Tenant's right to possession and file
an action for forcible detainer to evict Tenant and sue for damages; (c) terminate this lease
by written notice and sue for damages.
9. Default/Waiver/lbtitigation. It is not a waiver of default if the Landlord fails to
declare immediately a default or delays in taking any action. Pursuit of any remedies set
forth in this lease does not preclude pursuit of other remedies in this lease or provided by
law.
10. Holdover. If Tenant does not vacate the premises following termination of this
lease, Tenant shall be a tenant at will and shall vacate the premises on receipt of notice
from Landlord. No holding over by Tenant, whether with or without the consent of
Landlord, will extend the term.
11. Attorney's Fees. If either party retains an attorney to enforce this lease, the
prevailing party is entitled to recover reasonable attorney's fees.
12. Venue. Venue is in the county in which the premises are located.
13. Entire Agreement. This lease, together with the attached exhibits and riders, if
any, is the entire agreement of the parties, and there are no oral representations,
warranties, agreements, or promises pertaining to this lease or to the expressly mentioned
exhibits and riders not incorporated in writing in this lease.
14. Amendment of Lease. This lease may be amended only by an instrument in
writing signed by Landlord and Tenant.
15. Limitation of Warranties. There are no implied warranties of merchantability, of
fitness for a particular purpose, or suitability, or of any other kind arising out of this lease,
and there are no warranties that extend beyond those expressly stated in this lease.
16. Notices. Any notice required by this lease shall be deemed to be delivered
(whether or not actually received) when deposited with the United States Postal Service,
postage prepaid, certified mail, return receipt requested, and addressed to Landlord or
Tenant at their addresses given in this Lease Agreement or as may be specified later by
written notice to the other party.
17. Additional Provisions. Hazardous Waste. The term "Substances," as used in
this lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other
substances, the use, storage, handling, disposal, transportation or removal of which is
regulated, restricted, prohibited or penalized by any "Environmental Law," which term
shall mean any federal, state or local law, ordinance or other statute of a governmental
or quasi - governmental authority relating to pollution or protection of the environment
and shall specifically include, but not be limited to, any "hazardous substance" as that
term is defined under the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 and any amendments or successors in function thereto. Lessee
hereby agrees that (i) no activity will be conducted on the premises that will produce
any Substance, except for such activities that are part of the ordinary course for
Lessee's business activities (the "Permitted Activities ") provided said Permitted
Activities are conducted in accordance with all Environmental Laws and have been
• approved in advance in writing by Lessor; Lessee shall be responsible for obtaining any
required permits and paying any fees and providing any testing required by any
governmental agency; (ii) the premises will not be used in any manner for the storage
of any Substances except for the temporary storage of such materials that are used in
the ordinary course of Lessee's business (the "Permitted Materials ") provided such
Permitted Materials are properly stored in a manner and location meeting all
Environmental Laws and approved in advance, in writing, by Lessor; Lessee shall be
responsible for obtaining any required permits and paying any fees and providing any
testing required by any governmental agency; (iii) no portion of the premises will be
used as a landfill or a dump; (iv) Lessee will not install any underground tanks of any
type; (v) Lessee will not allow any surface or subsurface conditions to exist or come
into existence that constitute, or with the passage of time may constitute a public or
private nuisance; (vi) Lessee will not permit any Substances to be brought onto the
premises, except for the Permitted Materials described below or upon written
permission from Lessor, and if so brought or found located thereon, the same shall be
immediately removed, with proper disposal, and all required cleanup procedures shall
be diligently undertaken pursuant to all Environmental Laws. Prior to any Substance
being brought upon or into the Lease premises, whether with Lessor's written
permission or not, Lessee will provide to Lessor any applicable material safety data
sheets regarding said Substance as well as a written description of the amount of such
Substance to be brought upon or into the leased premises and the common and
recognized chemical name of such Substance. Lessor or Lessor's representative shall
have the right, but not the obligation, to enter the premises for the purposes of
inspecting the storage, use and disposal of Permitted Materials to ensure compliance
with all Environmental Laws. Should it be determined, that said Permitted Materials
are being improperly stored, used, or disposed of, then Lessee shall immediately take
such corrective action as may be reasonably required by Lessor. Should Lessee fail to
take such corrective action within a reasonable time frame, Lessor shall have the right
to perform such work and Lessee shall reimburse Lessor for any and all reasonable
costs associated with said work.
EXECUTED BY TENANT, this day of , 1997.
Attest/Witness THE CITY OF BAYTOWN THROUGH
HARRIS COUNTY ORGANIZED CRIME
AND NARCOTIC TASK FORCE
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Title: Title:
EXECUTED BY LANDLORD, this day of , 1997.
Attest/Witness Connecticut General Life Insurance Company,
on behalf of its Separate Account R
Title:
By: CIGNA Investments, Inc.
By:
Name:
Its:
9 Title:
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MASTER PLAN
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EXHIBIT A
BUILDINGS
4,5 &6
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SITE PLAN