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Ordinance No. 8,442981112 -2 ORDINANCE NO. 8442 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE SELECTION OF WILLIS, BRICKER & CANNADY ARCHITECTS, INC., TO LEAD ARCHITECTURAL/ ENGINEERING TEAM FOR DEVELOPMENT OF THE CONVENTION CENTER AT BAYLAND PARK AND APPROVING THE COMPENSATION PACKAGE THEREFOR; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, pursuant to the Bayland Park Phase 11 Facilities Development Agreement (the "Agreement ") entered into by and between the City of Baytown (the "City ") and Edmundson Interests, L.L.C., ( "Edmundson "), the City has reserved the right to approve all phases of the development process, including the selection of outside consultants and their associated compensation packages; and WHEREAS, Edmundson has selected Willis, Bricker & Cannady Architects, Inc., to lead the architectural /engineering team for the development of the convention center at Bayland Park at a cost not to exceed six and one -half percent (6.5 %) of the total construction costs plus reimbursable expenses not to exceed FIVE THOUSAND AND NO /100 DOLLARS ($5,000.00); and WHEREAS, the City Council of the City of Baytown through Ordinance No. 8425 approved Edmundson's selection of Willis, Bricker & Cannady Architects, Inc. (the "Architects "); and WHEREAS, Edmundson has submitted for the City's approval, as required in the Agreement, a compensation package for the Architects of a stipulated sum of ONE HUNDRED EIGHTY -TWO THOUSAND AND NO 1100 DOLLARS ($182,000.00) for basic services plus up to FIVE THOUSAND AND NO /100 DOLLARS ($5,000.00) for reimbursable expenses; and WHEREAS, the City believes that the compensation package presented is in line with the requirements of the Agreement; and WHEREAS, notwithstanding the approval of the Architect or its compensation package, the City Council still maintains absolute and final authority to approve all architectural and engineering plans for the development; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the facts and matters set forth in the recitals of this Ordinance are hereby found to be true and correct. " ® Section 2: That the City Council of the City of Baytown, Texas, hereby approves the compensation package of Willis, Bricker & Cannady Architects, Inc., for the 981112 -2a ® architectural /engineering services associated with the development of the convention center at Bayland Park, in an amount of ONE HUNDRED EIGHTY -TWO THOUSAND AND NO /100 DOLLARS ($182,000.00) or six and one -half percent (6.5 %) of the actual construction cost, whichever is less, plus reimbursable expenses not exceed FIVE THOUSAND AND NO /100 DOLLARS ($5,000.00). Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown, Texas. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, Texas, this the 12th day of November, 1998. % e. PETE C. ALFARO, Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: tGKACIO RAMIREZ, ., City Attorney 0 c: klhI181CityCounci ROM inancMpprovalofWiIIisBricker &CannadyCompensationPackage 2