Ordinance No. 9,357ORDINANCE NO. 937
• 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 AN AGREEMENT BETWEEN THE
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AND THE CITY OF
BAYTOWN TO PROVIDE FUNDING FOR THE ROSELAND PARK
BULKHEAD, PARKING LOT AND TRAIL PROJECT; AND PROVIDING
FOR THE EFFECTIVE DATE-THEREOF.
•
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: That the City Council of the City of Baytown hereby authorizes the City
Manager to execute and the City Clerk to attest to an agreement for the funding of the Roseland
Park Bulkhead, Parking Lot and Trail Project with the Baytown Municipal Development District
A copy of the Agreement is attached hereto as Exhibit "A," and made a part hereof 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 vote of the City Council of the
City of Baytown, this the 9th day of May, 2002.
ATTEST:
G Y W. MITH, City Clerk
APPROVED AS TO FORM:
NACIO RAMIREZL3R., City Attorney
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4P TE C. ALFARO, Mayor
• Section 21. Authority.
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The officers executing this Agreement on behalf of the parties hereby represent that such
officers have full authority to execute this Agreement and to bind the party he /she represents. ,
IN WITNESS WHEREOF, the parties have made and executed this contract in multiple
copies, each of which shall be an original.
CITY OF BAYTOWN
MONTE MERCER, City Manager
ATTEST:
GARY W. SMITH, City Clerk
BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT
PETE C. ALFARO, President
ATTEST:
GARY W. SMITH, Assistant Secretary
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Agreement for Improvements at Roseland Park, Page 6
0 Section 15. Audits.
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The City and the District may, at any reasonable time, conduct or cause to be conducted an
audit of the other parties' records and financial transactions. The cost of said audit will be borne by
the entity requesting the audit. The City and the District shall make available all of its records in
support of the audit.
Section 16. Ambiguities.
In the event of any ambiguity in any of the terms of this contract, it shall not be construed for
or against any party hereto on the basis that such party did or did not author the same.
Section 17. Captions.
The captions of the sections and subsections, if any, of this Agreement are for convenience
and ease of reference only and do not define, limit, augment or describe the scope, content or intent
of this Agreement or of any part or parts of this Agreement.
Section 18. Entire Agreement.
This Agreement contains all the agreements of the parties relating to the subject matter hereof
and is the full and final expression of the agreement between the parties. Any oral representations or
modifications concerning this instrument are of no force or effect excepting a subsequent
modification in writing signed by all the parties hereto.
Section 19. Assignment or Transfer of Rights or Obligations.
The City shall not sell, assign, or transfer any of its rights or obligations under this
Agreement in whole or in part without prior written consent of the District.
Section 24. Severability.
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
Agreement for Improvements at Roseland Park, Page 5