Ordinance No. 13,570ORDINANCE NO. 13,570
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
AGREEMENT FOR FUNDING OF THE SPECIAL NEEDS PLAYGROUND
AT WILLIAM B. TRAVIS ELEMENTARY SCHOOL PARK WITH THE
BAYTOWN MUNICIPAL, DEVELOPMENT 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, Texas, hereby authorizes
the City Manager to execute and the City Clerk to attest to the First Amendment to the
Agreement for Funding of the Special Needs Playground at William B. Travis Elementary
School Park. 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 affirma�vote of the City Council of the
City of Baytown this the 24`h day of August, 2017.
DONCARLOS,
ATT
TST:
' o� gpYTl?bY+�
LETICIA BRYSCH, City erk 00%
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e
APPROVED AS TO FORM:
4,�rO,D�4
41
GNACIO tMIREz, SR. ty Attorney
\\cobfs0l\legal\KarenTiles\City CoundhOrdinances\20MAugust 24\MDDAgreement4SpecialNeedsPlaygruundatTravisSchool Park.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 NO/100 DOLLARS ($13,000.00);
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. 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.
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.
First Amendment to the Agreement for Funding of the
Special Needs Playground Proiect 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
.wbfs0l .legaTKi n\Files.City Council Municipal Development DistrictXResolutions\201AAugust 24\FostAmendment2SpmialNeedsPlaygroundProjectatTravisElementarySchoolPark.doc
First Amendment to the Agreement for Funding of the
Special Needs Playground Project at William B. Travis Elementary School Park, Page 2