Ordinance No. 10,625ORDINANCE NO. 10,625
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE INTERLOCAL
AGREEMENT FOR PATROL OFFICERS, VEHICLES AND EQUIPMENT
WITH THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT;
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 hereby authorizes and
directs the Interim City Manager to execute the First Amendment to the Interlocal Agreement for
Patrol Officers, Vehicles and Equipment with the Baytown Crime Control and Prevention
District. Said amendment is attached as Exhibit "A" and incorporated herein 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 affirmativ^ote of the City Council of the
City of Baytown this the 12lh day of June, 2007.
STEPHEN H. DONCARLOS, Mayor
, City Clerk
APPROVEOAS TO FORM:
<fijNACIORAMIREZ, SlOCity Attorney
R:\Karen\Files\City Council\Ordinanees\2007\June 14\CCPDAmendmcnt.doc
FIRST AMENDMENT TO THE AGREEMENT FOR
PATROL OFFICERS, VEHICLES AND EQUIPMENT
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This First Amendment ("First Amendment") to the Agreement for Patrol Officers, Vehicles
and Equipment (the "Agreement") is made by and between the CITY OF BAYTOWN, a municipal
corporation located in Harris and Chambers Counties, Texas, (the "City") and the BAYTOWN
CRIME CONTROL AND PREVENTION DISTRICT, a crime control and prevention district
created under Chapter 363 of the Texas Local Government Code, as amended, (the "Act") and
located in Harris and Chambers Counties, Texas, (the "District") on the date hereinafter last
specified.
WITNESSETH:
WHEREAS, the City and the District entered into the Agreement on the 23rd day of August
2006; and
WHEREAS, the City and the District desire to change the public safety operations program
to reprogram one of the patrol officer positions to a sergeant position;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
1. Definitions. Unless a different meaning clearly appears from the context, words and
phrases as used in this Amendment shall have the same meanings as in the Agreement.
2. Amendments.
a. The Public Safety Operations Program as defined in Section 2(a) of the Agreement is hereby
amended to read as follows:
a) Public Safety Operations. This program will
(1) employ fourteen new entry-level patrol officers and
(2) reprogram one of the patrol officer positions to that of
sergeant, thus creating a new sergeant's position
during the first year of the Agreement to enable the Chief of Police to
assign his more senior officers to specialized public safety operations.
This program thereafter will maintain these positions.
WI1IIUT A First Amendment to the Agreement for LAIWHt *»
Patrol Officers. Vehicles and Equipment. Page 1
b. Section 4 of the Agreement is amended to read as follows:
Section 4. Funds to be provided by the District.
For and in consideration of the services to be provided by the City in
furtherance of the District's programs listed in Section 2, the District shall
provide the funds to the City for the actual costs of such programs for each
year of the Agreement. It is estimated that such costs shall be as follows:
"These are estimates only. Expenditures will be budgeted on an annual basis and the District shall be responsible
for the actual program costs.
Unless otherwise provided, all payments required to be made herein
shall be payable on or before 30 days after the District receives the sales and
use tax levied pursuant to the provisions of the Act from the State
comptroller. While the District receives such funds from the State on a
quarterly basis, the District's obligations under this Agreement are on a
yearly basis. As such, any funds received by the District during an agreement
year and/or any prior year shall be applied to the actual expenses incurred
during each year, regardless of when they are received.
The City understands and agrees that the District's obligation for
payment under this Agreement shall at no time exceed the amount of sales
and use tax revenue received by the District in any agreement year. If
adequate funds are not received, the District shall have the obligation to pay
the revenues actually received and the City shall be obligated to expend only
to the extent that such revenues cover the programs enumerated hereinabove.
3. Conflicts. The provisions of this First Amendment 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 First Amendment and the provisions
of the Agreement, the provisions of this First Amendment shall control.
First Amendment to the Agreement for
Patrol Officers. Vehicles and Equipment. Page 2
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one and
the same amendment, this day of June, 2007.
CITY OF BAYTOWN BAYTOWN CRIME CONTROL AND
PREVENTION DISTRICT
STEPHEN H. DONCARLOS, Mayor CARL BRANDON, President
ATTEST: ATTEST:
LORRICOODY, City Clerk LORRICOODY, Secretary
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First Amendment to the Agreement for
Patrol Officers. Vehicles and Equipment. Page 3
FIRST AMENDMENT TO THE AGREEMENT FOR
PATROL OFFICERS, VEHICLES AND EQUIPMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment("First Amendment")to the Agreement for Patrol Officers,Vehicles
and Equipment(the"Agreement")is made by and between the CITY OF BAYTOWN,a municipal
corporation located in Harris and Chambers Counties, Texas, (the "City") and the BAYTOWN
CRIME CONTROL AND PREVENTION DISTRICT, a crime control and prevention district
created under Chapter 363 of the Texas Local Government Code, as amended, (the "Act") and
located in Harris and Chambers Counties, Texas, (the "District") on the date hereinafter last
specified.
WITNESSETH:
WHEREAS,the City and the District entered into the Agreement on the 23rd day of August
2006; and
WHEREAS,the City and the District desire to change the public safety operations program
to reprogram one of the patrol officer positions to a sergeant position;
NOW THEREFORE,for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
1. Definitions. Unless a different meaning clearly appears from the context, words and
phrases as used in this Amendment shall have the same meanings as in the Agreement.
2. Amendments.
a. The Public Safety Operations Program as defined in Section 2(a)of the Agreement is hereby
amended to read as follows:
a) Public Safety Operations. This program will
(1) employ fourteen new entry-level patrol officers and
(2) reprogram one of the patrol officer positions to that of
sergeant, thus creating a new sergeant's position
during the first year of the Agreement to enable the Chief of Police to
assign his more senior officers to specialized public safety operations.
This program thereafter will maintain these positions.
First Amendment to the Agreement for
Patrol Officers,Vehicles and Equipment,Page 1
b. Section 4 of the Agreement is amended to read as follows:
Section 4. Funds to be provided by the District.
For and in consideration of the services to be provided by the City in
furtherance of the District's programs listed in Section 2, the District shall
provide the funds to the City for the actual costs of such programs for each
year of the Agreement. It is estimated that such costs shall be as follows:
Description of Expenditure Year 1* Year 2* Year 3* Year 4* Year 5*
Operations
Public Safety Operations
Patrol Officers $477,407 $709,088 $733,907 $759,593 $786,179
Sergeant $ 28,251 $ 85,000 $ 85,000 $ 85,000 $ 85,000
Supplies $ 19,600 -- -- -- --
Travel &Education $ 4,200 -- -- -- --
Capital Outlay
Motor Vehicles $163,500 $74,520 $77,128 $79,828 $82,622
Mobile Data Terminal Program $48,500 $50,198 $51,954 $53,773 $55,655
Transfers
Administration -- $10,000 $10,350 $10,712 $11,087
*These are estimates only. Expenditures will be budgeted on an annual basis and the District shall be responsible
for the actual program costs.
Unless otherwise provided, all payments required to be made herein
shall be payable on or before 30 days after the District receives the sales and
use tax levied pursuant to the provisions of the Act from the State
comptroller. While the District receives such funds from the State on a
quarterly basis, the District's obligations under this Agreement are on a
yearly basis. As such,any funds received by the District during an agreement
year and/or any prior year shall be applied to the actual expenses incurred
during each year, regardless of when they are received.
The City understands and agrees that the District's obligation for
payment under this Agreement shall at no time exceed the amount of sales
and use tax revenue received by the District in any agreement year. If
adequate funds are not received,the District shall have the obligation to pay
the revenues actually received and the City shall be obligated to expend only
to the extent that such revenues cover the programs enumerated hereinabove.
3. Conflicts. The provisions of this First Amendment 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 First Amendment and the provisions
of the Agreement, the provisions of this First Amendment shall control.
First Amendment to the Agreement for
Patrol Officers,Vehicles and Equipment,Page 2
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple
copies,each of which shall be deemed to be an original,but all of which shall constitute but one and
the same amendment, this :Ail day of June, 2007.
CITY OF BAYTOWN BAYTOWN CRIME CONTROL AND
PREVENTION DISTRICT
(;',40 did4e0714
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�I°e.P•• y�l• _N H. DONCARLOS, Mayor CARL BRANDON, President
tij T-: AT ST:
40. 44
'7'��",'s
ity Clerk LO OD ecretary
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First Amendment to the Agreement for
Patrol Officers,Vehicles and Equipment,Page 3