Ordinance No. 13,719ORDINANCE NO. 13,719
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 SECOND AMENDMENT TO THE
INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT FOR THE FUNDING OF PROPERTY
ACQUISITION COSTS RELATED TO THE SAN JACINTO BOULEVARD
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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 Second Amendment to the
Interlocal Agreement with the Baytown Municipal Development District for the funding of
property acquisition costs related to the San Jacinto Boulevard Project. A copy of said Second
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 affirmative y,�te of the City Council of the
City of Baytown this the 22nd day of March, 2018.
ATTES
7
LETICIA BRYSCH, City erk
APPROVED AS TO FORM:
W1,4ACIO RAMIREZ, SR., CitXttorney
SWPHET+i 1' DONCARLOS/, Mayor
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lcobfs0NegahKaren.Files.City CounciLOrdinances\2018Narch 22\2ndAmendmentMDDInterlocal4SanJacintoAcquisitionCosts.doc
Exhibit "A"
SECOND AMENDMENT TO THE
AGREEMENT FOR FUNDING
PROPERTY ACQUISITION COSTS FOR THE SAN JACINTO
BOULEVARD PROJECT
STATE OF TEXAS &
COUNTY OF HARRIS §
This Second Amendment ("Second Amendment") to that certain Interlocal Agreement for
Funding of Property Acquisition Costs for the San Jacinto Boulevard Project 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 Hams 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, the District and the City entered into the Agreement for Funding of Property
Acquisition Costs (the "Agreement") for the San Jacinto Boulevard Project (the "Project") effective
November 7, 2014; and
WHEREAS, on October 12, 2016, the District and the City entered into the First Amendment to
the Agreement (the "First Amendment") for additional funds for the Project; and
WHEREAS, the District and the City desire to enter into this Second Amendment for additional
funds necessary for the completion of 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 Second Amendment shall have the same meanings as in the First Amendment and 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 EIGHT HUNDRED FIFTY THOUSAND AND
N0/100 DOLLARS ($850,000.00). 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 Second Amendment and the provisions of the First
Amendment and the Agreement should be read together and construed as one agreement
Second Amendment to the Agreement for Funding of
Property Acquisition Costs for the San Jacinto Boulevard Proiect, Page 1
provided that, in the event of any conflict or inconsistency between the provisions of this
Second Amendment and the provisions of the First Amendment or the Agreement, the
provisions of this Second Amendment shall control.
IN WITNESS WHEREOF, the parties have made and executed this Second Amendment in
multiple copies, each of which shall be an original and effective on the _day of
.2018.
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
.coMs01 legal\Ka Tiles City CounctnMuniapal Developmmt Distrid Contracts -Contracts 2018\S=ndAmendment?SanlacintoBoulevardPtopertyAcquisitionCosts.doc
Second Amendment to the Agreement for Funding of
Property Acquisition Costs for the San Jacinto Boulevard Project, Page 2