MDD Resolution No. 269RESOLUTION NO. 269
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO
EXECUTE THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT
WITH THE CITY OF BAYTOWN FOR FUNDING OF THE FIREFIGHTER
MEMORIAL AT BICENTENNIAL PARK REPAIR PROJECT; AUTHORIZING AN
ADDITIONAL PAYMENT OF AN AMOUNT NOT TO EXCEED THIRTY -THREE
THOUSAND SIX HUNDRED TWENTY -FIVE AND NO /100 DOLLARS ($33,625.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
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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 finds that the expenditures authorized herein are for improvements, which satisfy the purposes for
which the funds can be expended pursuant to Chapter 377 of the Texas Local Government Code and/or
Section 3888.102 of the Special District Local Laws Code. All required findings pursuant thereto are
hereby declared to have been made and adopted as findings of the Board of Directors.
Section 2: That the Board of Directors of the Baytown Municipal Development District
hereby authorizes the President to execute the First Amendment to the Interlocal Agreement with the City
of Baytown for funding of the Firefighter Memorial at Bicentennial Park Repair Project. A copy of said
agreement is attached hereto as Exhibit "A," and incorporated herein for all intents and purposes.
Section 3: That the Board of Directors of the Baytown Municipal Development District
hereby authorizes the payment of an amount not to exceed THIRTY -THREE THOUSAND SIX
HUNDRED TWENTY -FIVE AND NO /100 DOLLARS ($33,625.00) to the City of Baytown in
accordance with the agreement referenced in Section 2 hereof.
Section 4: This resolution shall take effect immediately 30m and after its passage by the
Board of Directors of the Baytown Municipal Development District.
INTRODUCED, READ and PASSED by the affirmative f to of the Board of Directors of the
Baytown Municipal Development District, this the 1" day of OctoJl eA 2015.
BRYSCH, Assis'iit Secretary
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Gene ounsel
DONCARLOS,
R:',Karen' Files %City Council Municipal Development District Resolutions\2015�.October •Firefighter Memorial at Bicentennial Park Repair Project Resolution.doc
Exhibit "A"
FIRST AMENDMENT TO THE AGREEMENT FOR FUNDING
OF
THE FIREFIGHTER MEMORIAL AT BICENTENNIAL PARK
REPAIR PROJECT
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment (the "First Amendment ") to the Agreement for Funding of the Firefighter
Memorial at Bicentennial Park Repair Project (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 MUNICIPAL DEVELOPMENT DISTRICT, created under Chapter 377 of the Texas
Local Government Code, as amended, (the "Act ") and located in Harris County, Texas, (the "District ").
For and in consideration of the mutual covenants herein contained, it is agreed as follows:
WITNESSETH:
WHEREAS, the District desires to promote new or expanded business development within its
boundaries; and
WHEREAS, on August 20, 2015, the District approved an agreement to provide one -half of the
funding necessary for the Firefighter Memorial at Bicentennial Park Repair Project (the "Project "); and
WHEREAS, the City was going to obtain the remaining funding from another entity but did not
do so; and
WHEREAS, the District and the City desire to amend the Agreement to provide additional funds
for the Project;
NOW THEREFORE, for and in consideration of the premises and mutual covenants herein
contained, it is agreed as follows:
1. Definitions. Unless a different meaning clearly appears from the context, words and
phrases as used in this First Amendment shall have the same meanings as in the
Agreement.
2. Amendment. Section 5 "Funds to be provided by the District" of the Agreement is
hereby amended as follows:
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 SIXTY -SEVEN
THOUSAND TWO HUNDRED FIFTY AND NO/ 100 DOLLARS ($67,250.00). 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.
First Amendment to the Agreement for Funding of the
Firefighter Memorial at Bicentennial Park Repair Project Page 1
3. Entire Agreement. 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. Nothing contained in this First Amendment shall be construed in any way to
limit or to waive OWNER'S sovereign immunity.
IN WITNESS WHEREOF, the parties hereto have executed this First 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 , 2015, the
date of execution by the City Manager.
CITY OF BAYTOWN
RICHARD L. DAVIS
City Manager
ATTEST:
LETICIA BRYSCH
City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR.
City Attorney
BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT
STEPHEN H. DONCARLOS
President
ATTEST:
LETICIA BRYSCH
Assistant Secretary
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR.
General Counsel
COBFS01 •.Legal'•Xarewfiles \City CounciMunicipal Development District. Resolutions\ 2015' October\ FirefighterMemorialRepairContract .doc
First Amendment to the Agreement for Funding of f the
Firefighter Memorial at Bicentennial Park Repair Project. Page 2