Ordinance No. 9,939ORDINANCE NO. 9939
• 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 THE AMENDMENT TO
THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT TO PROVIDE ADDITIONAL FUNDING FOR
THE CONSTRUCTION OF THE NORTHEAST DISTRICT WASTEWATER
TREATMENT PLANT; 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 the Amendment to the
Interlocal Agreement with the Baytown Municipal Development District to provide additional
funding for the construction of the Northeast District Wastewater Treatment Plant. A copy of the
Amendment 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 11th day of November, 2004.
CALVIN MUNDINGER, Mayor
ATTEST:.,
In
GA-RV J1,�r
. W. SMITH, City Clerk
APPROVED AS TO FORM:
erMACIO RAMIREZ, SRLtity Attorney
40 \ \Bdc2\]itigation\Karcn \Files \City Council\ Ordinances\ MDDCouncilContracl4AdditionalFunding4NEWWTP .doc
• AMENDMENT TO THE AGREEMENT FOR FUNDING FOR THE
NORTHEAST DISTRICT WASTEWATER TREATMENT PLANT
STATE OF TEXAS
COUNTY OF HARRIS §
This Amendment ( "Amendment ") to that certain "Agreement for Funding for the Northeast
District Wastewater Treatment Plant" 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 "), (the
"Agreement ") is made by and between the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, on March 4, 2004, 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 TEN
MILLION EIGHT HUNDRED THOUSAND AND NO 1100 DOLLARS ($10,800,000.00) for the
construction of the Northeast District Wastewater Treatment Plant (the "Project); and
WHEREAS, sixty percent (60 %) of the Project is funded by the District with the remaining forty
percent (40 %) funded by the City; and
WHEREAS, the estimated cost of the construction of the plant has increased from $18,000,000 to
$23,000,000; and
WHEREAS, consequently, the District's share of the Project has increase from TEN MILLION
EIGHT HUNDRED THOUSAND AND NO /100 DOLLARS ($10,800,000.00) to THIRTEEN MILLION
EIGHT HUNDRED THOUSAND AND NO/ 100 DOLLARS ($13,800,000.00); and
WHEREAS, the Board desires to provide this additional funding totaling THREE MILLION
AND N0 /100 DOLLARS ($3,000,000.00) for construction of the Project; and
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
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:
Amendment to the Agreement for the Construction of the EMIT A
Northeast District Wastewater Treatment Plant Page 1
0 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
THIRTEEN MILLION EIGHT HUNDRED THOUSAND AND NO /100 DOLLARS
($13,800,000.00). 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.
III.
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 have made and executed this contract in multiple copies,
each of which shall be an original, on this _ day of November, 2004.
CITY OF BAYTOWN
GARY JACKSON
City Manager
ATTEST:
GARY W. SMITH
City Clerk
APPROVED AS TO FORM:
BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT
CALVIN MUNDINGER
President
ATTEST:
GARY W. SMITH
Assistant Secretary
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR. IGNACIO RAMIREZ, SR,
City Attorney General Counsel
• Nfi&20ig u-i K—Wiks%Ciry CwKitW- -icipd D—lop— Dist icMmnd=m]NorthEastws "ic,Tm.t�mPlamlmcrlocal.tiw
Amendment to the Agreement for the Construction of the
Northeast District Wastewater Treatment Plant Page 2
AMENDMENT TO THE AGREEMENT FOR FUNDING FOR THE
• NORTHEAST DISTRICT WASTEWATER TREATMENT PLANT
STATE OF TEXAS §
COUNTY OF HARRIS §
This Amendment ("Amendment") to that certain "Agreement for Funding for the Northeast
District Wastewater Treatment Plant" 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"), (the
"Agreement") is made by and between the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, on March 4, 2004, 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 TEN
MILLION EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS ($10,800,000.00) for the
construction of the Northeast District Wastewater Treatment Plant (the"Project); and
WHEREAS, sixty percent (60%) of the Project is funded by the District with the remaining forty
percent(40%) funded by the City; and
WHEREAS,the estimated cost of the construction of the plant has increased from $18,000,000 to
$23,000,000; and
WHEREAS, consequently, the District's share of the Project has increase from TEN MILLION
EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS ($10,800,000.00) to THIRTEEN MILLION
EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS ($13,800,000.00); and
WHEREAS, the Board desires to provide this additional funding totaling THREE MILLION
AND NO/100 DOLLARS ($3,000,000.00) for construction of the Project; and
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained,the parties hereto do hereby mutually agree as follows:
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:
Amendment to the Agreement for the Construction of the
Northeast District Wastewater Treatment Plant,Page 1
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
THIRTEEN MILLION EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS
($13,800,000.00). 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.
III.
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 have made and executed this contract in multiple copies,
each of which shall be an original, on thisLE-!'day of November, 2004.
CITY OF BAYTOWN BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT
C _Si •
GARY JACI CALVIN MUNDINGER
City Manag President
ATTEST: ATTEST:
iti •iak
GARY W. SMITH G RY �. SMITH
City Clerk Assistant Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
`I NACIO RAMIREZ, S . ACIO RAMIREZ, SR.
City Attorney General Counsel
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Amendment to the Agreement for the Construction of the
Northeast District Wastewater Treatment Plant.Page 2