Ordinance No. 13,956ORDINANCE NO. 13,956
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 TO FUND THE BRUNSON THEATER
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 First Amendment to the Interlocal
Agreement with the Baytown Municipal Development District to fund the Brunson Theater
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 affirmativrte of the City Council of the
City of Baytown this the 19th day of November, 2018.
ATTEST:
APPROVED AS TO FORM:
ACIO RAMIREZ, SR. ty Attorney
DONCARLOS,
cobfs0l\legal\Karen•Files.City CouncillOrdinances\2018\November 19\MDDIstAmendmentforBrunson.doc
Exhibit "A"
FIRST AMENDMENT TO THE
AGREEMENT FOR FUNDING THE BRUNSON REDEVELOPMENT
PROJECT
STATE OF TEXAS
COUNTY OF HARRIS §
This First Amendment ("First Amendment") to that certain Interlocal Agreement for Funding of
the Brunson Redevelopment Project (the "Agreement") effective on October 1, 2017, 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 the Brunson
Redevelopment Project; 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 THIRTY SEVEN
THOUSAND EIGHT HUNDRED FIFTY-SEVEN AND 60/100 DOLLARS ($37,857.60);
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 ONE MILLION THREE HUNDRED SIXTY-ONE THOUSAND
EIGHT HUNDRED FIFTY-SEVEN AND 60/100 DOLLARS ($1,361,857.60).
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
the Brunson Theater Redevelopment Project, 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 November, 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
\\cobfs01\1ep1\Karen\Fi1es.City Council\Municipal Development District,Contracts'.Contracts 2018\FirstAmendment2BrunsonRedevelopmentProjectdoc
First Amendment to the Agreement for Funding
the Brunson Theater Redevelopment Proiect, Page 2