Ordinance No. 13,011ORDINANCE NO. 13, 011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE
INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT FOR THE BICENTENNIAL PARK
FIREFIGHTER MEMORIAL REPAIR PROJECT; 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 the First Amendment to the Interlocal
Agreement with the Baytown Municipal Development District for the Bicentennial Park
Firefighter Memorial Repair Project. A copy of said amendment is attached hereto 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
City of Baytown this the 81h day of October, 2015.
t L L III III
III
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., Ci tto ey
of the City Council of the
.DONCARLOS,
(1)
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COBFSOI' %Legat•Kared- .Files',City Council Ordinances\2015.0ctober 8\ MDDAgreement4Bicentennial ParkFirefighterMemorialRepairProject .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 NOS' 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
IICOBFSOPLegallKarenlFiles' +City Council\Mtinicipal Development District, Resolutions\2015. October\FirefighterMemorialRepai rContract.doc
First Amendment to the Agreement for Funding of the
Firefighter Memorial at Bicentennial Park Repair Project, Page 2