Ordinance No. 10,150ORDINANCE NO. 10,150
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF TWENTY -EIGHT THOUSAND FIVE HUNDRED
SEVENTEEN AND 04/100 DOLLARS ($28,517.04) TO HOUSTON- GALVESTON AREA
COUNCIL FOR THE PURCHASE OF ONE (1) 2006 SWB CREWCAB FOR THE FIRE
DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City Council of the City of Baytown has approved an Interlocal Agreement which
authorizes the Houston - Galveston Area Council to take bids for certain items on behalf of the City of Baytown;
and
WHEREAS, pursuant to such agreement, the Houston - Galveston Area Council has taken bids on ONE
(1) 2006 SWB CREWCAB FOR THE FIRE DEPARTMENT; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown hereby authorizes the payment of
TWENTY -EIGHT THOUSAND FIVE HUNDRED SEVENTEEN AND 04/100 DOLLARS ($28,517.04) to
the Houston - Galveston Area Council for the purchase of ONE (1) 2006 SWB CREWCAB FOR THE FIRE
DEPARTMENT.
Section 2: That pursuant to the provisions of Texas Local Government Code Annotated §
252.048, the City Manager is hereby granted general authority to approve any change order involving a
decrease or an increase in costs of TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00) or
less, provided that the original contract price may not be increased by more than twenty-five percent (25 %) or
decreased by more than twenty-five percent (25 %) without the consent of the contractor to such decrease.
Section 3: 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 8'i day of September, 2005.
CALVIN MI NDINGER, Mayor
APPROVED AS TO FORM:
® TC71XCIO RAMIREZ, SR., City torney
R:Ueanene \My Documents \Council \04 -05 \September Ist\ HGACPurchaseCrewCab4FireDept .doc
• AGREEMENT
This Agreement, entered into as of the date indicated below, by and between The City of Baytown,
Texas ( "Claimant ") and Kmart Corporation ( "Kmart"), is as follows:
WHEREAS, on January 22, 2002 ( "Petition Date "), Kmart and certain of its subsidiaries and affiliates
(collectively "Debtors ") filed a voluntary petition in the United States Bankruptcy Court for the
Nor-them District of Illinois (Eastern Division) (the "Bankruptcy Court") for reorganization relief under
Chapter I 1 of Title 11 of the United States Code, 11 U.S.C. Sections 101, et sec., as amended (the
"Bankruptcy Code "). Since that time Kmart has remained in possession of its property and has
continued to operate its business pursuant to Sections 1107 and 1108 of the Bankruptcy Code,
eventually emerging from bankruptcy pursuant to a confirmed Plan of Reorganization which became
effective May 6, 2003;
WHEREAS, Claimant filed Proof of Claim #13895, #40519, and #57863 (collectively, the "Claim ") in
the Debtor's chapter 11 cases (Case No. 02- B02474) for certain property taxes in the amount of
$20,064.54, 573.09, and $27,176.85, respectively; and
WHEREAS, Debtors and Claimant desire to liquidate and resolve Debtors' liability to Claimant:
NOW, THEREFORE, in consideration of the mutual agreements set forth herein, the parties hereto
agree as follows:
Debtors and Claimant agree to allowance by Debtors of a non - contingent, undisputed,
liquidated amount of 525,694.78 (the "Claim Amount "), to be paid in final satisfaction of the Claim
and Debtors' pre - petition liability of any kind to Claimant generally. Kmart and Claimant further
agree that this amount shall be remitted by Kmart in full settlement of Debtors' pre - petition
indebtedness to Claimant by not later than the 60`h day after Kmart receives a fully executed and
notarized original copy of this agreement from Claimant, which receipt shall constitute conclusive
evidence of authority to enter into this settlement on behalf of Claimant.
In exchange for payment of the Claim Amount pursuant b this Agreement, Claimant will promptly
withdraw any proofs of claim with respect to the Debtors filed with the Bankruptcy Court, including,
but not limited to, the Claim. Claimant and Debtors agree that payment of the Claim Amount
constitutes full and final payment of all pre - petition liabilities of Debtors to Claimant, whether
previously claimed or not.
Claimant further agrees that its sole remedy for such liabilities is payment of the Claim Amount
pursuant to this Agreement. Claimant agrees to promptly update its records following receipt of
payment of the Claim Amount to confirm application of the Claim Amount, in full, to Debtors' pre -
petition obligations, and that pursuant to this Agreement, those obligations are, by this compromise
and settlement, deemed paid in full, whether or not formally claimed.
Nothing in this Agreement is intended, nor shall be construed, as superceding the claims reconciliation
process except to the extent of the Claim. Furthermore, nothing in this Agreement is intended, nor
shall be construed, as acknowledging that Claimant has satisfactorily filed the Claim or any other
® claims.
EMU A
• It is specifically understood and agreed that this Agreement does not constitute, and shall not be
construed as, any admission of liability or fault whatsoever.
Claimant represents that it is not an "insider" of Kmart, as that term is defined in 11 U.S.C. § 101(31).
The Bankruptcy Court shall retain exclusive jurisdiction to hear any matters or disputes arising from or
relating to this Agreement.
Each party represents that they understand and fully agree to each and every provision hereof.
AGREED this day of
Claimant(s):
(Signature)
(Name)
Address (For Payment)
City, State & Zip
Kmart:
By:
Name:
Title:
40
2005:
Notary Public:
Subscribed and sworn to before me this
day of , 2005
Notary Public:
Subscribed and sworn to before me this
day of , 2005
AGREEMENT
This Agreement, entered into as of the date indicated below, by and between The City of Baytown,
Texas ("Claimant") and Kmart Corporation ("Kmart"), is as follows:
WHEREAS, on January 22, 2002 ("Petition Date"), Kmart and certain of its subsidiaries and affiliates
(collectively "Debtors") filed a voluntary petition in the United States Bankruptcy Court for the
Northern District of Illinois (Eastern Division) (the "Bankruptcy Court") for reorganization relief under
Chapter 11 of Title 11 of the United States Code, 11 U.S.C. Sections 101, et seg., as amended (the
"Bankruptcy Code"). Since that time Kmart has remained in possession of its property and has
continued to operate its business pursuant to Sections 1107 and 1108 of the Bankruptcy Code,
eventually emerging from bankruptcy pursuant to a confirmed Plan of Reorganization which became
effective May 6, 2003;
WHEREAS, Claimant filed Proof of Claim #13895, #40519, and #57863 (collectively, the "Claim") in
the Debtor's chapter 11 cases (Case No. 02-B02474) for certain property taxes in the amount of
$20,064.54, $73.09, and $27,176.85, respectively; and
WHEREAS, Debtors and Claimant desire to liquidate and resolve Debtors' liability to Claimant:
NOW, THEREFORE, in consideration of the mutual agreements set forth herein, the parties hereto
agree as follows:
Debtors and Claimant agree to allowance by Debtors of a non -contingent, undisputed,
liquidated amount of V5,694.78 (the "Claim Amount"), to be paid in final satisfaction of the Claim
and Debtors' pre -petition liability of any kind to Claimant generally. Kmart and Claimant further
agree that this amount shall be remitted by Kmart in full settlement of Debtors' pre -petition
indebtedness to Claimant by not later than the 60th day after Kmart receives a fully executed and
notarized original copy of this agreement from Claimant, which receipt shall constitute conclusive
evidence of authority to enter into this settlement on behalf of Claimant.
In exchange for payment of the Claim Amount pursuant b this Agreement, Claimant will promptly
withdraw any proofs of claim with respect to the Debtors filed with the Bankruptcy Court, including,
but not limited to, the Claim. Claimant and Debtors agree that payment of the Claim Amount
constitutes full and final payment of all pre -petition liabilities of Debtors to Claimant, whether
previously claimed or not.
Claimant further agrees that its sole remedy for such liabilities is payment of the Claim Amount
pursuant to this Agreement. Claimant agrees to promptly update its records following receipt of
payment of the Claim Amount to confirm application of the Claim Amount, in full, to Debtors' pre -
petition obligations, and that pursuant to this Agreement, those obligations are, by this compromise
and settlement, deemed paid in full, whether or not formally claimed.
Nothing in this Agreement is intended, nor shall be construed, as superceding the claims reconciliation
process except to the extent of the Claim. Furthermore, nothing in this Agreement is intended, nor
shall be construed, as acknowledging that Claimant has satisfactorily filed the Claim or any other
claims.
1
4
It is specifically understood and agreed that this Agreement does not constitute, and shall not be
construed as, any admission of liability or fault whatsoever.
Claimant represents that it is not an "insider" of Kmart, as that term is defined in 11 U.S.C. § 101(31).
The Bankruptcy Court shall retain exclusive jurisdiction to hear any matters or disputes arising from or
relating to this Agreement.
Each party represents that they understand and fully agree to each and every provision hereof.
AGREED this
CITY OF BAYTOWN
day of September , 2005:
Claimant(s):
Gary Jackson
(Name)
P 0 Box 424
Address (For Payment)
Baytown, Texas 77522-0424
City, State & Zip
Kmart:
By:
Name:
Title: VICE PRESIDENT TAXES
JAMES L. MISPLON
2
Notary Public:
Subscn:e . d s m to beforee this
day of , 2005
SYLVIA ANN AGUILAR
a Notary Public, State of Texas
.a My Commission Expires 10-25-2005
Notary Public:
s_dth-iighoried.„40
Subscribed and s o before me this 6 th
day of OCTOBER , 2005
PATRICIA A. GRACE
Notary Public, Oakland County, MI
My Commission Expires 9.28.2011