Ordinance No. 10,734ORDINANCE NO. 10,734
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE SECOND 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 City Manager to execute the Second 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 Counci I of the City of Baytown. ^
INTRODUCED, READ, and PASSED by the affirmative/^ote of the City Council of the
aytown this the 25th day of October, 2007.
5TBP STBPHtN-Ft DONCARLOS, Mayor
RAMiRgZ, SR., fih Attorney
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Exhibit "A"
SECOND AMENDMENT TO THE AGREEMENT FOR
PATROL OFFICERS, VEHICLES AND EQUIPMENT
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This Second Amendment ("Second 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, in the First Amendment to the Agreement which was executed on June 27,
2007, the City and the District changed the public safety operations program to reprogram one of the
patrol officer positions to a sergeant position (the "First Amendment"); and
WHEREAS, the City and the District now desire to change the public safety operations
program again to replace the one patrol officer position that was reprogrammed to a sergeant
position in the First Amendment;
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 Second Amendment shall have the same meanings as in the First Amendment
and in the Agreement.
2. Amendments.
a. The Public Safety Operations Program as defined in Section 2(a) of the Agreement
and as amended in the First Amendment is hereby amended to read as follows:
a) Public Safety Operations. This program will
(1) employ thirteen new entry-level patrol officers in Year 1,
(2) employ one additional new entry-level patrol officer in Year
2, and
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Patrol Officers. Vehicles and Equipment. Page 1
(3) create one new sergeant's position in Year 1 of the
Agreement.
This program thereafter will maintain these positions in future years.
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. 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 Second Amendment and the provisions of the First
Amendment and 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
Second Amendment and the provisions of either the First Amendment or the Agreement, the
provisions of this Second Amendment shall control.
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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 October, 2007.
CITY OF B
1
STEPHEN H. DONCARLOS, Mayor
ATTEST:
BAYTOWN CRIME CONTROL AND
PREVENTION DISTRICT
CARL BRANDON, President
ATTEST:
LORRI COODY, City Clerk LORR1 COODY, Secretary
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