Ordinance No. 9,365ORDINANCE NO. 9365
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN 1NTERLOCAL AGREEMENT WITH CHAMBERS
COUNTY FOR THE SALE OF THE CITY'S USED POLICE UNIFORMS; 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 the
City Manager to execute and the City Clerk to attest to an interlocal agreement for the sale of the
City's used police uniforms to Chambers 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 13`h day of June, 2002.
C' Gz-
PETE C. ALFARO, Mayor
ATTEST:
GAW W. 5NI ITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., y Attorney
FAKaren \Files \City Council\Ordinances \Interlocal AgreementChambersCountyUniforms .doc
INTERLOCAL AGREEMENT
FOR POLICE UNIFORMS
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement made this the day of 2002, between the City of
Baytown, Texas, a home-rule municipal corporation located in Harris and Chambers Counties,
Texas, and the Chambers County,Texas, a political subdivision of the State of Texas.
WITNESSETH
Pursuant to the authority granted by the Texas Interlocal Cooperation Act (Tex. Gov't Code
Ann. §§791.001, et seq.) providing for the cooperation between local governmental bodies, the
parties hereto, in consideration of the premises and mutual promises contained herein agree to as
follows:
I.
For TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, Chambers County (the "County") shall
purchase from the City of Baytown (the "City") and the City shall sell to the County uniforms of the
Baytown Police Department, which are no longer desired by the City. However,nothing herein shall
obligate the City to sell or the County to purchase a specified number of retired uniforms.
II.
Neither the County nor the City shall assume any responsibility or liability to pay for
materials purchased or services performed for the benefit of the other entity. The County's payment
required by Article I of this Agreement shall be made from current, available revenues. Furthermore,
both parties agree that the payment required herein fairly compensates the City for the sale of the
retired uniforms. In obtaining the uniforms and the use of the same, the County has and will
continue to rely solely on its own inspections, investigations and due diligence regarding the same
and the County acknowledges that the City has made no representations or warranties expressed or
implied with respect to the products to be rendered.
Ill.
THE CITY MAKES NO REPRESENTATION, COVENANT, OR WARRANTY,
EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION, MERCHANTABILITY,
QUALITY, SUITABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE
UNIFORMS SOLD TO THE COUNTY BY THIS AGREEMENT, except that the City warrants that
it will have title to each item of property at the time specified for delivery. WITH RESPECT TO
THE CITY'S DUTY TO THE COUNTY, IT IS EXPRESSLY AGREED THAT THE COUNTY
PURCHASES THE PROPERTY "AS IS" AND "WITH ALL FAULTS." THE CITY IS NOT
LIABLE FOR ANY DAMAGES CAUSED BY THE UNIFORMS HEREIN SOLD AND IS NOT
M A
Interlocal Agreement,Page 1
a
LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM THE USE OF THE
UNIFORMS,HEREIN CONVEYED TO THE COUNTY.
IV.
This Agreement shall take effect upon execution by the signatories and shall serve as each
governmental body's commitment pertaining to the County's purchase of the retired uniforms
referenced in Article I hereof This Agreement has been authorized by the governing bodies of the
parties hereto.
V.
This Agreement shall be in effect from and after the day of , 2002, the
date of execution by the City.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their authorized officers the day and year specified in Article V.
CITY OF BAYTOWN CHAMBERS COUNTY
MONTE MERCER, City Manager (Signature)
(Printed Name)
(Title)
ATTEST: ATTEST:
GARY W. SMITH, City Clerk (Signature)
(Printed Name)
(Title)
F:\Karen\Files\Contracts\Interlocal Agreement\Interlocal AgreementRetiredPoliceUniforms.doc
Interlocal Agreement,Page 2
INTERLOCAL AGREEMENT
FOR POLICE UNIFORMS
STATE OF TEXAS - §
COUNTY OF HARRIS §
This Agreement made this the otlf day of Jure. , 2002, between the City of
Baytown, Texas, a home-rule municipal corporation located in Harris and Chambers Counties,
Texas, and the Chambers County,Texas, a political subdivision of the State of Texas.
WITNESSETH
Pursuant to the authority granted by the Texas Interlocal Cooperation Act (Tex. Gov't Code
Ann. §§791.001, et seq.) providing for the cooperation between local governmental bodies, the
parties hereto, in consideration of the premises and mutual promises contained herein agree to as
follows:
I.
For TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, Chambers County (the "County") shall
purchase from the City of Baytown (the "City") and the City shall sell to the County uniforms of the
Baytown Police Department, which are no longer desired by the City. However, nothing herein shall
obligate the City to sell or the County to purchase a specified number of retired uniforms.
II.
Neither the County nor the City shall assume any responsibility or liability to pay for
materials purchased or services performed for the benefit of the other entity. The County's payment
required by Article I of this Agreement shall be made from current, available revenues. Furthermore,
both parties agree that the payment required herein fairly compensates the City for the sale of the
retired uniforms. In obtaining the uniforms and the use of the same, the County has and will
continue to rely solely on its own inspections, investigations and due diligence regarding the same
and the County acknowledges that the City has made no representations or warranties expressed or
implied with respect to the products to be rendered.
III.
THE CITY MAKES NO REPRESENTATION, COVENANT, OR WARRANTY,
EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION, MERCHANTABILITY,
QUALITY, SUITABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE
UNIFORMS SOLD TO THE COUNTY BY THIS AGREEMENT, except that the City warrants that
it will have title to each item of property at the time specified for delivery. WITH RESPECT TO
THE CITY'S DUTY TO THE COUNTY, IT IS EXPRESSLY AGREED THAT THE COUNTY
PURCHASES THE PROPERTY "AS IS" AND "WITH ALL FAULTS." THE CITY IS NOT
LIABLE FOR ANY DAMAGES CAUSED BY THE UNIFORMS HEREIN SOLD AND IS NOT
Interlocal Agreement,Page 1
LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM THE USE OF THE
UNIFORMS,HEREIN CONVEYED TO THE COUNTY.
IV.
This Agreement shall take effect upon execution by the signatories and shall serve as each
governmental body's commitment pertaining to the County's purchase of the retired uniforms
referenced in Article I hereof. This Agreement has been authorized by the governing bodies of the
parties hereto.
V.
This Agreement shall be in effect from and after the A'day of June , 2002, the
date of execution by the City.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their authorized officers the day and year specified in Article V.
CITY OF BA /lOWN CHAMBERS COUNTY
Gary Jacks i n Interim City Manager ( ig t re)
lY1 S1L.) r\
(Printed Name)
C.0010VLA
(Title) 1
ATTEST: ATTEST:
5))/)///(
GA'Y W. SM - ity Clerk (Signature)
G-€.1 . e-o-v e-(
(Printed Name)
Ad r`s4 5 trek k
(Title)
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Interlocal Agreement,Page 2