MDD Resolution No. 319RESOLUTION NO. 319
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO
EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT FOR FUNDING OF
THE SPECIAL NEEDS PLAYGROUND PROJECT AT WILLIAM B TRAVIS
ELEMENTARY SCHOOL PARK WITH THE CITY OF BAYTOWN; AUTHORIZING
PAYMENT OF AN AMOUNT NOT TO EXCEED THIRTEEN THOUSAND AND
N0/100 DOLLARS ($13,000.00); 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 Agreement for Funding of the
Special Needs Playground Project at William B. Travis Elementary School Park with the City of
Baytown. A copy of said amendment 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 additional amount not to exceed THIRTEEN THOUSAND AND
N0/100 DOLLARS ($13,000.00) to the City of Baytown in accordance with the amendment referenced
in Section 2 hereof.
Section 4: This resolution shall take effect immediately fro and after its passage by the
Board of Directors of the Baytown Municipal Development District.
INTRODUCED, READ and PASSED by the affirmativeAt,
of the Board of Directors of the
Baytown Municipal Development District, this the 24th day of Au017.
ATTES"I'/ �J STOP ONCARLOS, President
BRYSCH,
APPROVED AS TO FORM:
4A�CIORAMJREZ, SR., Gen ounsel
\\COBFSOI\Lcgal\KarenTiles\City Council\Municipal Development District\Resolutions\2017\August 24\TravisSchoolParklnterlocalResolution.doc
Exhibit "A"
FIRST AMENDMENT TO THE
AGREEMENT FOR FUNDING OF
THE SPECIAL NEEDS PLAYGROUND PROJECT AT WILLIAM B.
TRAVIS ELEMENTARY SCHOOL PARK
STATE OF TEXAS
COUNTY OF HARRIS §
This First Amendment ("First Amendment") to that certain Agreement for Funding of the Special
Needs Playground Project at William B. Travis Elementary School Park (the "Agreement") effective On
October 1, 2016, by and between the BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, a
political subdivision of the State of Texas, hereinafter called "District," and the CITY OF BAYTOWN, a
home -rule municipal corporation located in Harris and Chambers Counties, Texas, hereinafter called the
"City" is made by and between the same parties on the date hereinafter last specified.
WHEREAS, the District desires to promote new or expanded business development within its
boundaries; and
WHEREAS, District and City entered into the Agreement for Funding of the Special Needs
Playground Project at William B. Travis Elementary School Park; however, additional funding is
necessary for the completion of the Project; and
WHEREAS, the District and the City desire to amend the Agreement for the additional funds
necessary for the completion of the Project up to an amount not to exceed THIRTEEN THOUSAND
AND N0/100 DOLLARS ($13,000.00);
NOW THEREFORE, for and in consideration of the premises and mutual covenants herein
contained, it is agreed as follows:
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. Amendments. 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-THREE THOUSAND AND NO/100
DOLLARS ($63,000.00). 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.
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.
First Amendment to the Agreement for Funding of the
Special Needs Playground Project at William B. Travis Elementary School Park Page 1
IN WITNESS WHEREOF, the parties have made and executed this First Amendment in multiple
copies, each of which shall be an original and effective on the _day of , 2017.
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
koblis0l legaf.KC mn\Files City CouncnAMunicipal Development Dist ict\Resolutions12017TAugust 24\FnstAmendment?SpecialNeedsPlaygoundPmjectatTravisElementarySchoolPa&doc
First Amendment to the Agreement for Funding of the
Special Needs Playground Project at William B. Travis Elementary School Park Page 2