Ordinance No. 8,687990909 -13
ORDINANCE NO. 8687
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
AND THE CITY CLERK TO ATTEST TO A MEMORANDUM OF RENEWAL OF THE
ANIMAL RESPONSIBILITY AGREEMENT WITH THE HOUSTON HUMANE SOCIETY;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, UP TO THE SUM OF
SEVENTEEN THOUSAND FOUR HUNDRED AND NO /100 DOLLARS ($17,400.00);
MAKING OTHER PROVISIONS RELATED THERETO; 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 and directs the City
Manager and City Clerk of the City of Baytown to execute and attest to a Memorandum of Renewal of the Animal
Responsibility Agreement with the Houston Humane Society. A copy of said Agreement is attached hereto, marked
Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to the Houston Humane
Society up to the sum of SEVENTEEN THOUSAND FOUR HUNDRED AND N01100 DOLLARS ($17,400.00),
pursuant to the Agreement.
Section 3: That pursuant to the provisions of Texas Local Government Code Annotated § 252.048,
the City Manager is hereby granted general authority to approve any change order involving a decrease or an
increase in costs of FIFTEEN THOUSAND AND NO/ 100 DOLLARS ($15,000.00) or less, subject to the provision
that the original contract price may not be increased by more than twenty-five percent (25 %) or decreased by more.
than twenty -five percent (25 %) without the consent of the contractor to such decrease.
Section 4: 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 9th day of September, 1999.
. 1^. Z�ge-
PETE C. ALFARO, Mayor .
ATTEST:
EILEEN P.. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR. C
' y Attorney
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® MEMORANDUM OF RENEWAL
OF THE
ANIMAL RESPONSIBILITY AGREEMENT
BETWEEN
THE CITY OF BAYTOWN
AND
HOUSTON HUMANE SOCIETY
STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS, on or about the 2nd day of November, 1998, the City of Baytown (the "City") and the
Houston Humane Society (the "Contractor ") entered into an Animal Responsibility Agreement, the term of
which expires on the 30th day of September, 1999 (the "Agreement "); and
WHEREAS, Section 4.3 of the Agreement states as follows:
This Agreement may be renewed under the same terms and conditions for successive one -
year periods, upon the agreement of the parties. Each such renewal must be evidenced in
writing and approved by the appropriate authorities of each party; and
WHEREAS, the Contractor and the City desire to renew the Agreement at this time for a period of
time expiring the earlier of one year from the effective date of this Memorandum of Renewal (the
"Memorandum ") or the date of termination of this Memorandum pursuant to Section 4.4 of the Agreement;
and
NOW THEREFORE, for and in consideration of 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
Memorandum shall have the same meanings as in the Agreement.
Pursuant to Section 4.3 of the Agreement, the Contractor and the City hereby renew the Agreement
under the same terms and conditions as expressed therein. Unless sooner terminated, this Memorandum shall
be effective commencing on the 1 St day of October, 1999, and shat l remain in force for a period of time not
to extend beyond the earlier of the 30th day of September, 2000, or the date the Memorandum is terminated
pursuant to Section 4.4 of the Agreement. However, both the Contractor and.the City understand and agree
® that Section 4.3, which authorizes successive one -year renewals of the Agreement under the same terms and
conditions, remains in full force and effect.
Memorandum of Renewal, Page 1 EXHIBIT A
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0 IIl.
The provisions of this Memorandum and the provisions of the Agreement should be read together
and construed as one agreement provided that, in the event of any conflict or inconsistency between the
provisions of this Memorandum and the provisions of the Agreement, the provisions of this Memorandum
shall control.
IV.
This Memorandum and the Agreement replace and supersede all prior agreements by and among the
City and the Contractor and supersede all prior written and oral statements and no representation, statement,
or condition or warranty not contained in such documents is binding on the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum 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 the day of September, 1999.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
Memorandum of Renewal, Page 2
CITY OF BAYTOWN
MONTE MERCER, City Manager
CONTRACTOR:
Houston Humane Society
By:
SHERRY FERGUSON
Executive Director
Ll
Ll
STATE OF TEXAS §
§
COUNTY OF HARRIS §
BEFORE ME, the undersigned notary public, on this
day personally appeared Sherry Ferguson, the Executive Director of the Houston Humane Society, the
Contractor,
known to me
proved to me on the oath of
through his/her current {description of identification
card or other document issued by the federal government or any state government that
contains the photograph and signature of the acknowledging person}
(✓ one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she
executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this _day of September, 1999.
Notary Public in and for the State of
Texas
My commission expires:
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Memorandum of Renewal, Page 3
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