Loading...
2003 11 06 MDD Minutes • i_.....--...„ • Municipal Development District December 4, 2003 4:30 p.m. • i,. , M 6 Ili\ ;101 e ar 5 4:a mil"; � ewe � ���." P r NOTICE OF 1 I ETING 4111 (IN COMPLIANCE WITH SEC. 551.041,ET SEQ., TEX. GOV'T. CODE) NOTICE is hereby given that the Board of Directors of the Baytown Municipal Development District will hold a meeting on the 4th day of Deember, 2003 at 4:30 p.m. in the Council Chamber of the Baytown City Hall, 2401 Market Street,Baytown, Texas. ITEM(S)to be discussed and acted upon by the Board of Directors at this meeting is/are listed on the attached agenda. /i f A ist t Secretary 8 Posted: November 26, 2003 • Time: 11:00 a.m. AGENDA Call to order. 1. Consider approval of the minutes of the meeting.held on November 6, 2003. • 2. Consider Proposed Resolution No. 031204-1, authorizing an interlocal agreement with the City of Baytown to provide funding for improvements to the Wayne Gray Sports Complex. 3. Receive Investment Report for the fiscal ended September 30, 2003. 4. General Manager's report. Decker Drive Ribbon-Cutting Ceremony, December 15. 5. Adjourn. F:cc\agenda\MDD\2003\1204 BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT • PREFACE Thursday, December 4;2003--4 30 pm 1. Consider approval of the minutes of the meeting held on November 6, 2003. 2. Proposed Resolution No. 031204-1 authorizes an interlocal agreement in an amount not to exceed $1,966,000 with the City of Baytown to provide funding for the proposed Wayne Gray Sports Complex Renovation Project. The project budget, including, the planning and engineering, is $2,190,000. Previously, the District approved an interlocal agreement in the amount of$224,000, from which the City funded a $219,000 contract with Helmuth, Obata and Kassabaum; L.P. (HOK) of Houston,for professional services for the'design, engineering and development of the expansion and renovation of the Wayne Gray Sports,Complex on September 12, 2002. The City proposes to renovate the existing Sports Complex and expand the facility on the North Main Property. The 60-acre project will include the renovation of the four-field complex for the youth -softball; construction of four new ,adult softball fields, and construction of concession/restroom facilities. The project also includes the construction of a large pavilion and other park facilities including trails, site lighting, and landscaping. The Rotary Club of Baytown will donate $20,000 toward the construction of the pavilion. At its meeting on November 25, 2003, City Council approved the plans and specifications for the project, subject to staff's approval of technical amendments, and authorized advertising for bids. Contingent upon approval of the technical amendments, a pre-bid conference is planned for December 17; 2003, with the bid opening set for December 22, 2003. It is anticipated that bids will be presented to Council for approval in January 2004. . Construction is expected to begin in February with completion in the fall of 2004. Construction is expected to take ten months. We recommend approval. 3. Receive Investment Report for the fiscal year ended September 30, 2003. The City's Finance Department has prepared the Investment Report and will have a representative present at the meeting to answer questions. A copy of the report is-included in the packet. 4. General Manager's report. Decker Drive Ribbon-Cutting Ceremony,December 15, 2003. 5. Adjourn. • MINUTES OF THE.MEETING OF THE • BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT November'6,2003' 4:30 p.m. The Board of Directors of the Baytown Municipal Development District met on November 6, 2003, at 4:30 p.m. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Harris County, Texas with the following in attendance: Ronnie Anderson Vice-President Coleman Godwin Director Fritz Lanham Director Don Murray Director Mercedes Renteria III Director Terry Sain Director Pete Alfaro President Gary Jackson General Manager Ignacio Ramirez, Sr. General Counsel Gary W. Smith Assistant Secretary 4. Absent: Calvin Mundinger Director Scott Sheley Director Leonard Stasney Director • The meeting was opened with a quorum present after which the following business was conducted: Consider approval of the minutes of the meeting held on October 2,2003. Director Sain moved approval of the minutes of the meeting held on October 2, 2003.' Director Godwin seconded the motion. The vote follows: Ayes: Directors Godwin, Lanham, Renteria, and Sain President Alfaro Nays: None Abstentions: Directors Anderson and Murray. The motion carried. Director Allen arrived at 4:31 p.m. Page2of4 a Minutes of the Regular Meeting—November 6, 2003 Election of Secretary Mr. Bill Gilbert resigned his position on the MDD Board upon his moving from the corporate limits of the City of Baytown. Mr. Gilbert served as Secretary to the Board. It is necessary to elect a Board . member to serve the balance of his term as Secretary. Director Anderson nominated Director Lanham as Secretary. Director Renteria seconded the nomination. The vote follows: Ayes: Directors Allen,Anderson, Godwin,Lanham,Murray,Renteria, and Sain President Alfaro Nays: None The motion carried. Consider Proposed Resolution No. 031106-1, authorizing an interlocal agreement with the City of Baytown to provide funding for the preparation of a preliminary engineering report for utility extensions to serve a portion of West Baker Road, North Main Street, and the proposed East Baker Road extension project. Proposed Resolution No. 031106-1 authorizes an interlocal agreement with the City of Baytown to provide funding for the preparation of a preliminary engineering report for utility extensions to serve a portion of West Baker Road, North Main Street and the proposed East Baker Road extension project. The vacant, commercially zoned property at this intersection is currently underserved by wastewater lines. The purpose of this study is the develop a plan to provide this service while factoring in future service to the proposed extension of East Baker Road to Crosby Cedar Bayou Road. This information will be used to develop funding and construction schedules. The request is for funding, not to exceed $25,000, for this study, from the Economic Development line item. Mr. Jackson reviewed information provided in the Economic Development Brochure. The intent of the recent legislative amendment was to prohibit economic development corporations from providing free land and buildings for retail businesses, but to allow the corporations to provide for infrastructure. Bob Leiper, Assistant City Manager explained that the purpose of the project was to find the best method to provide sewer service to the properties near the intersection of North Main Street and West Baker Road. The area currently has no sewer lines. The District is being asked to fund the preliminary engineering report for the area of the intersection and for the development of a master plan for providing sewer service along the proposed Baker Road extension. The professional fee is anticipated to be less than$25,000. Director Murray moved approval of the resolution. Director Sain seconded the motion. The vote follows: Ayes: Directors Allen, Anderson, Godwin, Lanham,Murray,Renteria, and Sain President Alfaro Nays: None11, The motion carried. Page 3 of 4 Minutes of the Regular Meeting—November 6, 2003 RESOLUTION NO. 41 • A RESOLUTION OF BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO EXECUTE AND THE ASSISTANT SECRETARY TO ATTEST TO AN AGREEMENT BETWEEN THE BAYTOWN • MUNICIPAL DEVELOPMENT DISTRICT AND THE CITY OF BAYTOWN TO PROVIDE FUNDING FOR PROFESSIONAL SERVICES FOR THE PREPARATION OF A PRELIMINARY . ENGINEERING REPORT FOR UTILITY EXTENSIONS TO SERVE A PORTION OF WEST BAKER ROAD, NORTH MAIN STREET AND THE PROPOSED EAST BAKER ROAD EXTENSION PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 031106-2, authorizing the Second Amendment to , the Economic Development Contract with Baytown/West chambers County Economic Development Foundation. Proposed Resolution No. 031106-2 authorizes the Second Amendment to the Economic Development Contract with Baytown/West Chambers County Economic Development Foundation. The First Amendment, approved on October 2, 2003, combined the City's previous $25,000 contract and the District's previous $25,000 contract into a single $50,000 contract for basic services and combined the terms (which were different) so that the new contract would end with the 2004 fiscal year. The result of the First Amendment is that the new$50,000 contract covers 17 months instead of 12 months without providing compensation for the additional five months. Two quarters have already been paid out of FY 2003 funds. This amendment will increase payments to be consistent with the extended Ask term. No additional funds have been appropriated for this purpose. lor Director Allen moved approval of the resolution. Director Anderson seconded the motion. The vote follows: Ayes: Directors Allen, Anderson, Godwin, Lanham,Murray, Renteria, and Sain President Alfaro Nays: None The motion carried. RESOLUTION NO. 42 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE GENERAL MANAGER TO EXECUTE AND THE ASSISTANT SECRETARY TO ATTEST TO THE SECOND AMENDMENT TO THE ECONOMIC DEVELOPMENT CONTRACT BETWEEN THE BAYTOWN AREA/WEST CHAMBERS COUNTY ECONOMIC DEVELOPMENT FOUNDATION AND THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR ECONOMIC DEVELOPMENT SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. • Page4of4 Minutes of the Regular Meeting—November 6, 2003 I General Manager's report. Mr. Jackson stated that included in the packet is the annual report of services performed pursuant to interlocal agreements between the District and the City. Mr. Jackson informed the Directors that the City has not received an approved maintenance agreement from the East Little League for the proposed fields on Ward Road. Mr. Jackson also informed the Directors that the construction on the main lanes of Decker Drive is nearing completion. A ribbon-cutting ceremony is being planned for December. • Adjourn. Director Renteria moved adjournment. Director Murray seconded the motion. The vote follows: Ayes: Directors Allen, Anderson, Godwin,'.Lanham, Murray, Renteria, and Sain President Alfaro Nays: None. The motion carried. There being no further business, the meeting adjourned at 4:58 p.m. ar ary . Smith, Assistant Secretary. • BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT INVESTMENT REPORT For the Period Ending September 30,2003 This report summarizes the investment position of the Baytown Municipal Development District for the period 10/01/2002 to 09/30/2003. • Beginning Ending ' • Balance Balance POOLS Book Value $ 2,035,981 $ 4,002,275 Market Value $ 2,037,447 $ 4,002,475 Par Value $ , 2;035,981 $ 4,002,275 • Weighted Average Maturity(in Days) • 44 40 Weighted Average Yield-to-Maturity of Pools 1.98% 1.03% Yield-to-Maturity of 90 Day T-Bill 1.62% 0.94% This report is presented in accordance with the Texas Government Code Title 10 Section 2256.023. The below signed hereby certify that,to the best of their knowledge on the date this report was created,the Baytown Municipal Development District is in compliance with the provisions of Government Code 2256 and with the stated policies and strategies of the Baytown Municipal Development District. Di() • • onna Sams !l4 • Director of Finance -e,hitikdx_ Rhonda L.Young,C Treasurer • • NOTICE OF MEETING (IN COMPLIANCE WITH SEC. 551.041, ET SEQ., TEX. GOV'T. CODE) • NOTICE is hereby given that the Board of Directors of the.Baytown Municipal Development District will hold a meeting on the 15th day of December, 2003 at 10:30 a.m. Decker Drive (Spur 330) at its intersection with Fairway,Baytown, Texas. ITEM(S)to be discussed and acted upon by the Board of Directors at this meeting is/are listed on the attached agenda. ( i .) 11//,?�, Asistan'/Secretary Posted: December 1, 2003 • Time: 10:00 a.m. AGENDA • Call to order. 1. Joint transportation projects between the Texas Department of Transportation and the 40 Baytown Municipal Development District. 2. Adjourn. • F:ce\agenda\MDD\2003\1215 t Y Section 4. Approvals. The District understands, hereby directs and authorizes the City to make any Project clarifications and/or modifications as may be necessary as determined by the City in its sole discretion. Section 5. Funds to be provided by the District. For and in consideration of the services to be provided by the City in furtherance of this Agreement, the District shall tender funds to the City in an amount not to exceed ONE MILLION NINE HUNDRED SIXTY-SIX THOUSAND AND NO/100 DOLLARS ($1,966,000.00). All payments required to be made herein shall be payable on or before 30 days after the District receives an invoice therefor from the City. Section 6. Term. This Agreement shall be effective for a period commencing on the date first mentioned above, and ending 30 days after final completion and acceptance of the Project by the City, unless sooner terminated by either party hereto pursuant to the terms hereof. Section 7. Termination for Cause. A party may terminate its performance under this contract only upon default by the other party. Default by a party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate • all or part of its obligations under this contract as of the 30th day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said 30-day period the defaulting party cures or has commenced the cure of the default, or (2) such termination may be stayed, at the sole option of the party against whom the default has occurred,pending cure of the default. Upon the termination of this Agreement, both parties shall be relieved of their respective obligations herein stated. This Agreement shall not be subject to termination for convenience. Section 8. Force Majeure. Any prevention, delay, nonperformance, or stoppage due to any of the following causes shall excuse nonperformance for the period of any such prevention, delay, nonperformance, or stoppage, except the obligations imposed by this Agreement for the payment of funds allocated for the District's programs. The causes referred to above are strikes, lockouts, labor disputes, failure of power, acts of God, acts of public enemies of this State or of the United States, riots, insurrections, civil commotion, inability to obtain labor or materials or reasonable substitutes for either, governmental restrictions or regulations or controls, casualties or other causes beyond the reasonable control of the party obligated to perform. Section 9. Refund and Payment upon Termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the City, the City hereby agrees to refund all unexpended, unappropriated monies • previously paid by the District to the City pursuant to this Agreement. If at the time of Agreement for the Construction of the Wayne Gray Sports Complex Renovation Proiect,Page 2 termination the District owes the City monies, the District shall remit to the City the appropriate amount computed as of the effective date of the termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the District, the District hereby agrees to pay the total amount committed in Section 5 hereof on or before the effective date of the termination. Section 10. Parties in Interest. This contract shall bind and benefit the City and the District and shall not bestow any rights upon any third parties. Section 11. Non-waiver. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce, by an appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. Section 12. Compliance with Applicable Laws. The parties hereto shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. Section 13. Choice of Law; Venue. This contract is subject to and shall be construed in accordance with the laws of the State of Texas, the laws of the federal government of the United States of America and all rules and regulations of any regulatory body or officer having jurisdiction. This contract is performable in Harris County, Texas. Section 14. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed. delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: District Baytown Municipal Development District Attn: President, Board of Directors P.O. Box 424 Baytown, Texas 77522-0424 Fax: (281) 420-6586 410 Agreement for the Construction of the Wayne Gray Sports Complex Renovation Project,Page 3 I • ' City City of Baytown Attn: 'City Manager P.O. Box 424 Baytown, Texas 77522-0424 • Fax: (281) 420-6586 Section 15. Audits. The City and the District may, at any reasonable time, conduct or cause to be conducted an audit of the other parties' records and financial transactions. The cost of said audit will be borne by the entity requesting the audit. The City and the District shall make available all of its records in support of the audit. Section 16. Ambiguities. In the event of any ambiguity in any of the terms of this contract, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Section 17. Captions. '' ' The captions of the sections and subsections, if any, of this Agreement are for convenience and ease of reference only and do not define, limit, augment or describe the scope, content or intent of this Agreement or of any part or parts of this Agreement. Section 18. Entire Agreement. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. Any oral representations or modifications concerning this instrument are of no force or effect excepting a, subsequent modification in writing signed by all the parties hereto. Section 19. Assignment or Transfer of Rights or Obligations. The City shall not sell,, assign, or transfer any of its rights or obligations under this Agreement in whole or in part without prior written consent of the District. Section 20. Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Section 21. Authority. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. 411110 Agreement for the Construction of the Wayne Gray Sports Complex Renovation Project,Page 4 • 'f IN WITNESS WHEREOF, the parties have made and executed this contract in multiple • copies, each of which shall be an original. CITY OF BAYTOWN BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT • GARY JACKSON PETE C. ALFARO City Manager President ATTEST: ATTEST: GARY W. SMITH • GARY W. SMITH City Clerk Assistant Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: IGNACIO RAMIREZ, SR. IGNACIO RAMIREZ, SR. • City Attorney General Counsel • F:VCaren\FileslCity CounciRM nicipal Development DistricMGREEMENT FOR THE CONSTRUCTION OF THE WAYNE GRAY SPORTS COMPLEX RENOVATION PROJECT.doc Agreement for the Construction of the Wayne Gray Sports Complex Renovation Project,Page 5 I f IN WITNESS WHEREOF, the parties ha'vetmade and executed this contract in multiple copies, each of which shall be an original. • CITY OF BAYTOWN BAYTOWN MUNICIPAL D1VELOPMENT DISTRICT GARY JACKSON PETE C: ALFARO City Manager President ATTEST: ATTEST: GARY W. SMITH GARY W. SMITH City Clerk Assistant Secretary • APPROVED AS TO FORM: APPROVED AS TO FORM: : we..„er) • ACIO RAMIREZ, SR. NACIO RAMIREZ, SR. City Attorney General Counsel • • • F:VGvtn\Files\City Council\Municipal Development District\AGREEMENT FOR THE CONSTRUCTION OF THE WAYNE GRAY SPORTS COMPLEX RENOVATION PROIECT.doc Agreement for the Construction of the Wayne Gray Sports Complex Renovation Project,Page 5 N CI- X e — b . 1. ..-..-,. I t-�_ ' al•• _ _ fat.0 0, O [L, r ---- Fi T-• " i: 1:::=7±,-__7 4 gli[..'fv-..) 1 , , , I 1 1 a , , , , , (7. , I r— __ . I -� I I ♦ • ! aww ! Ste, rr ,.QP `Ax ► % ` CO _ :tr - 1), }, till? . 0 -t- SHELTER 0 SOFTBALLO • • `1 t esese�_0_*.,Q_Q p aG ...no . • 0 i p�'Y ° I ; t'• 0p pp I•,e1 p I• / 4�CaCs SOY FTBALLI _ .... _-' - 1 �w� 8 seeg000ks. d fit , g . . ______ . -‘1,,i .... . ......_ _ ,, _ ,_ .,,j,e a • t O4 !1 II' I e 'r , • PARKING �. ;II;- 1 F i _ i i' I aA"1 LOB y�`{i/ 1 t �es - +l• } i . A e4 pia 2. /.. i -s it, I ;4 i M* t I ' WAYNE GRAY SPORTS COMPLEX - Phase One 4� . 0 50 150 240 a NORTH stuE i•-eO'-O• IlA1TO14N. November 6,2003 110 0 ill Resolution No. 031204-1 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN • MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO EXECUTE AND THE ASSISTANT SECRETARY TO ATTEST TO AN AGREEMENT BETWEEN THE BAYTOWN /MUNICIPAL DEVELOPMENT DISTRICT AND THE CITY OF BAYTOWN TO PROVIDE FUNDING FOR THE CONSTRUCTION OF THE WAYNE , GRAY SPORTS COMPLEX RENOVATION PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT: Section 1': That the Board of Directors of the 'Baytown Municipal Development District hereby authorizes the President to execute and the Assistant Secretary to attest to an agreement with the �\ City of Baytown to provide funding for the construction of the Wayne Gray Sports Complex Renovation Project. A copy of the Agreement is attached hereto as Exhibit"A,"and made a part hereof for all intents and purposes. • Section 2: This resolution shall take effect immediately from and after its passage by the Board of Directors of the Baytown Municipal Development District. INTRODUCED, READ and PASSED by the affirmative vote of the Board of Directors of the • Baytown Municipal Development District, this the 4th day of December,2003. PETE C.ALFARO,President ATTEST: V GARY W. SMITH,Assistant Secretary APPROVED AS TO FORM: 4ACIO RAMIREZ, S General Counsel • F:\Karen\Files\City Council\Municipal Development District\Resolutions\MDDWayneGrayPortsComplexRenovationProject.doc 4 AGREEMENT FOR THE CONSTRUCTION OF THE WAYNE GRAY SPORTS COMPLEX RENOVATION PROJECT STATE OF TEXAS § COUNTY OF HARRIS § This Agreement for professional services for the construction of the Wayne Gray Sports Complex Renovation Project (the "Agreement") is made as of the _ day of December, 2003, by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas, (the "City") and the BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, created under Chapter 377 of the Texas Local Government Code, as amended, (the "Act") and located in Harris and Chambers Counties, Texas, (the "District"). For and in consideration of the mutual covenants herein contained, it is agreed as follows: Section 1. Representations and Warranties of District. a) The District is engaged in an on-going effort to provide new resources to plan, acquire, establish, develop, construct and/or renovate one or more development projects beneficial to the District, which includes the incorporated limits of the City lying within Harris County. b) The District covenants that it shall actively work to productively coordinate its activities with the.City in an effort to reduce duplication of services. c) The District represents and warrants that it has been properly created and is duly authorized pursuant to the Act to enter into this Agreement. Section 2. Description of Program. The City, with the assistance of the District as herein specified, agrees to construct and administer all contracts incident to the renovation of the Wayne Gray Sports Complex (the "Project"). More specifically, the Project will consist of renovating the existing complex and expanding the facility on the North Main Property, including the following: ➢ the renovation of the four-field complex for the youth softball, ➢ the construction of four new adult softball fields, ➢ the construction of concession/restroom facilities; and > the construction of a large pavilion and other park facilities including trails, site lighting, and landscaping. The City shall with its funds and the funds provided by the District, have the project constructed according to the plans and specifications approved by the City. Section 3. Reports. The City shall prepare and submit to the District within 30 days after the end of each fiscal year during the term: of this Agreement a verbal or brief written report describing the services performed by the City pursuant to this contract during the previous year along with a 4110 sumthary of expenditures for the previous fiscal year. Agreement for the Construction of the Wayne Gray EXHIBIT A Sports Complex Renovation Project,Page 1