Ordinance No. 9,811ORDINANCE NO. 9811
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT
WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT TO
PROVIDE ADDITIONAL FUNDING FOR THE CONSTRUCTION OF
IMPROVEMENTS TO THE WAYNE GRAY SPORTS COMPLEX; 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
and directs the City Manager to execute and the City Clerk to attest to an agreement with the
Baytown Municipal Development District to provide additional funding for the construction of
improvements to the Wayne Gray Sports Complex. 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 10th day of June, 2004.
L�-
CALVIN MUNDINGER, Mayor
ATTEST: .
GA §Y W. SMITH, City Clerk
APPROVED AS TO FORM:
4qMACIO RAMIREZ, SR., Ci OAttorney
0 F:VeaneneWy Documents \C0un61\03_04Uune Ist4AgreementWithMDD4MoreFunds4WGraySporLsConiplex.doc
AMENDMENT
•
TO THE
AGREEMENT FOR THE CONSTRUCTION OF THE WAYNE GRAY SPORTS COMPLEX
RENOVATION PROJECT
STATE OF TEXAS
COUNTY OF HARRIS
This Amendment ("Amendment") to that certain "Agreement for the Construction of the Wayne Gray
Sports Complex Renovation Project" between the CITY OF BAYTOWN, a municipal corporation located in
Harris and Chambers Counties, Texas, (the "City") and the BAYTOWN MUNICIPAL DEVELOPMENT
DISTRICT, created under Chapter 377 of the Texas Local Government Code, as amended, (the "Act ") and
located in Harris and Chambers Counties, Texas, (the "District "), dated , 2004, (the
"Agreement ") is made by and between the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, on September 12, 2002, the Board of Directors of the District (the "Board ") approved an
Interlocal Agreement with the City of Baytown to provide funding in an amount not to exceed TWO
HUNDRED TWENTY -FOUR THOUSAND AND N01100 DOLLARS ($224,000.00) for the design of
improvements to the Wayne Gray Sports Complex; and
WHEREAS, the City expended TWO HUNDRED NINETEEN THOUSAND AND NO /100
DOLLARS ($219,000.00) for the professional fees for the design of the improvements; and
WHEREAS, on December 4, 2003, the Board approved an Interlocal Agreement with the City of
Baytown to provide funding in an amount not to exceed ONE MILLION NINE HUNDRED SIXTY -SIX
THOUSAND AND NO /100 DOLLARS ($1,966,000.00) for construction of the improvements; and
WHEREAS, the budget for the design and construction of the project is TWO MILLION ONE
HUNDRED NINETY THOUSAND AND NO /100 DOLLARS ($2,190,000.00); AND
WHEREAS, on May 21, 2004, the City opened bids for construction of the proposed improvements at
the Sports Complex; and
WHEREAS, the bids exceeded the funding authorized by the Board; and
WHEREAS, the Board desires to provide additional funding in the amount of ONE HUNDRED
THOUSAND AND NO /100 DOLLARS ($100,000.00) for construction of improvements at the Wayne Gray
Sports Complex; and
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
I.
Unless a different meaning clearly appears from the context, words and phrases as used in this
Amendment shall have the same meanings as in the Agreement.
EMU A
• 11.
Section 5 "Funds to be provided by the District" of the Agreement is hereby amended to read
•
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 TWO
MILLION SIXTY -SIX THOUSAND AND N01100 DOLLARS ($2,066,000.00). 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.
1►TA
The provisions of this 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 Amendment and the provisions of the Agreement, the provisions of this Amendment shall control.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple copies, each
of which shall be deemed to be an original, but all of which shall constitute but one and the same amendment,
this day of June, 2004.
CITY OF BAYTOWN
GARY JACKSON
City Manager
ATTEST:
GARY W. SMITH
City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR.
City Attorney
BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT
RONALD W. ANDERSON
Vice President
ATTEST:
GARY W. SMITH
Assistant Secretary
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR.
General Counsel
\U3dc2 \Litigation \Karen \Files \City Council\Municipal Development District\Amendment2AGREEMENT FOR THE CONSTRUCTION OF THE
WAYNE GRAY SPORTS COMPLEX RENOVATION PROJECT.Doc
K
AMENDMENT
TO THE
AGREEMENT FOR THE CONSTRUCTION OF THE WAYNE GRAY SPORTS COMPLEX
RENOVATION PROJECT
STATE OF TEXAS §
COUNTY OF HARRIS §
This Amendment("Amendment")to that certain"Agreement for the Construction of the Wayne Gray
Sports Complex Renovation Project"between the CITY OF BAYTOWN,a municipal corporation located in
Harris and Chambers Counties, Texas, (the "City") and the BAYTOWN MUNICIPAL DEVELOPMENT
DISTRICT, created under Chapter 377 of the Texas Local Government Code, as amended, (the"Act") and
located in Harris and Chambers Counties, Texas, (the "District"), dated 3 .1 ne_i) , 2004, (the
"Agreement")is made by and between the same parties on the date hereinafter last specified.
WITNES SETH:
WHEREAS,on September 12,2002,the Board of Directors of the District(the"Board")approved an
Interlocal Agreement with the City of Baytown to provide funding in an amount not to exceed TWO
HUNDRED TWENTY-FOUR THOUSAND AND NO/100 DOLLARS ($224,000.00) for the design of
improvements to the Wayne Gray Sports Complex; and
WHEREAS, the City expended TWO HUNDRED NINETEEN THOUSAND AND NO/100
DOLLARS ($219,000.00) for the professional fees for the design of the improvements; and
WHEREAS, on December 4, 2003, the Board approved an Interlocal Agreement with the City of
Baytown to provide funding in an amount not to exceed ONE MILLION NINE HUNDRED SIXTY-SIX
THOUSAND AND NO/100 DOLLARS ($1,966,000.00) for construction of the improvements; and
WHEREAS, the budget for the design and construction of the project is TWO MILLION ONE
HUNDRED NINETY THOUSAND AND NO/100 DOLLARS ($2,190,000.00); AND
WHEREAS,on May 21,2004,the City opened bids for construction of the proposed improvements at
the Sports Complex; and
WHEREAS, the bids exceeded the funding authorized by the Board; and
WHEREAS, the Board desires to provide additional funding in the amount of ONE HUNDRED
THOUSAND AND NO/100 DOLLARS($100,000.00)for construction of improvements at the Wayne Gray
Sports Complex; and
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained,the parties hereto do hereby mutually agree as follows:
I.
Unless a different meaning clearly appears from the context, words and phrases as used in this
Amendment shall have the same meanings as in the Agreement.
II.
Section 5"Funds to be provided by the District"of the Agreement is hereby amended to read
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 TWO
MILLION SIXTY-SIX THOUSAND AND NO/100 DOLLARS ($2,066,000.00). 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.
IV.
The provisions of this 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 Amendment and the provisions of the Agreement,the provisions of this Amendment shall control.
IN WITNESS WHEREOF,the parties hereto have executed this Amendment in multiple copies,each
of which shall be deemed to be an original,but all of which shall constitute but one and the same amendment,
this tOb day of June, 2004.
CITY OF BAYTOWN BAYTOWN CIPAL
D VELOPME DI RI T
GARY JACK 1, R NALD W.AND ON
City Manage Vi e President
ATTEST: ATTEST:
-160/Yirt a),(5271t4.,
_.GAR W. VIITH G 'Y + . SMITH =
City Clerk "= Assistant Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
ACIO RAMIREZ, SR. 1ACIO RAMIREZ, SR.
City Attorney General Counsel
\\Bdc2\Litigation\Karen\Files\City Council\Municipal Development District\Amendment2AGREEMENT FOR THE CONSTRUCTION OF THE
WAYNE GRAY SPORTS COMPLEX RENOVATION PROJECT.Doc
2