Ordinance No. 8,143971125 -15:
ORDINANCE NO. 8143
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 A MEMORANDUM OF EXTENSION OF THE CONTRACT FOR THE
COLLECTION OF OUTSTANDING CITY OF BAYTOWN WARRANTS WITH
TEXAS MUNICIPAL SERVICES, INC.; AUTHORIZING PAYMENT OF TWENTY
PERCENT (20 %) OF ALL AMOUNTS COLLECTED; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown and Texas Municipal Services, Inc., did enter into a Contract
for the Collection of Outstanding City of Baytown Warrants (the "Contract ") on December 2, 1995; and
WHEREAS, on November 26, 199f, the City Council authorized the renewal of the Contract
for a one -year period ending on December 18, 1997; and
WHEREAS, the City Council of thl City of Baytown, Texas, desires to extend the Contract for
an additional one -year period under the sam terms and conditions commencing on December 19, 1997;
NOW'THEREFORE,
BE IT ORDAINED BY THE CITNJ COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section I : 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 Memorandum of Extension of the Contract for
the Collection of Outstanding City of Baytown Warrants with Texas Municipal Services, Inc., and
authorizes payment of twenty percent (20 %) of all amounts collected. A copy of said Memorandum of
Extension 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 25th day of November, 1997.
Z'e�4 (7.
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. I TALL, City Clerk
APPROVED AS TO FORM:
0 ACTO RAMIREZ, ., City Attorney
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MEMORANDUM OF EXTENSION
OF THE
CONTRACT FOR THE COLLECTION OF
OUTSTANDING CITY OF BAYTOWN WARRANTS
STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS, on the 19th 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 Texas Municipal Services, Inc., a Texas corporation, hereinafter referred to as the "Company,"
and collectively referred to herein as the "Parties," entered into a Contract for the Collection of
Outstanding City of Baytown Warrants, hereinafter the "Contract"; and
WHEREAS, during the first year of the Contract, the Company has collected three hundred
seven(307)warrants for the period commencing on February 1, 1996 and ending October 31, 1996,
totaling forty-four thousand two hundred twenty-six and 50/100 dollars ($44,226.50); and for such
services, the City has paid Company eight thousand six hundred fifty-one dollars and 65/100
($8,651.65); and
WHEREAS, the Contract was renewed for an additional one year period in November 26,
1996; and
WHEREAS, during the first extension period of the Contract, the Company has collected
seven hundred two (702)warrants, totaling one hundred fifteen thousand one hundred eighteen and
70/100 dollars ($115,118.70); and for such services, the City has paid Company twenty-two
thousand nine hundred seventy-six and 84/100 dollars ($22,976.84); and
WHEREAS, the Company has requested that the City renew the Contract under the same
terms and conditions; and
WHEREAS, the City is desirous of renewing the contract for a one (1) year period
commencing on December 19, 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:
Memorandum of Extension,Page 1
I.
Unless a different meaning clearly appears from the context, words and phrases as used in
this Memorandum of Extension of the Contract for the Collection of Outstanding City of Baytown
Warrants, hereinafter referred to as the "Memorandum," shall have the same meanings as in the
Contract.
II.
Pursuant to Article IV"Term," Section 2 "Renewal Period"of the Contract,the City hereby
renews the Contract for the Collection of Outstanding City of Baytown Warrants for a period of one
(1) year beginning on December 19, 1997. The Company understands and agrees to such renewal
at the same fee and under the same terms and conditions specified in the Contract.
III.
The provisions of this Memorandum and the provisions of the Contract 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 Memorandum and the provisions of the Contract, the
provisions of this Memorandum shall control.
IV.
This Memorandum along with the Contract 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.
V.
The officers executing this Memorandum on behalf of the parties hereby represent that such
officers have full authority to execute this Memorandum and to bind the party he represents.
IN WITNESS WHEREOF,the parties hereto have executed this Memorandum in multiple
copies, each of which shall be d�,,med to be an original,but all of which shall constitute but one and
the same agreement, this_e'day of November, 1997.
CITY OF BAYTOWN, TEXAS
BOBBY R016NfREE, City Manager
Memorandum of Extension,Page 2
i
• r
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
r ACIO RAMIREZ, SluityAttorney
TEXAS MUNICIPAL SERVICES, INC.
ROlft T S. SA YE , resident
7s
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me on this day personally appeared Robert S. Sawyer, in his capacity as President of
Texas Municipal Services, Inc., on behalf of such corporation, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for
the purposes and consideration therein expressed. 4 f
5��-d eeen�her !J`
SUBSCRIBED AND SWORN before me this ay of er, 1997.
.•`��� •� l3RENDA LACY Notary Public in and for the'Statiof Texas
r NOTARY PUBLIC
STATE OF TEXAS
MY Comm. Exp. 1-28-2001
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Memorandum of Extension,Page 3