Ordinance No. 10,513 ORDINANCE NO. 10,513
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 FIRST
AMENDMENT TO THE AGREEMENT WITH THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT REGARDING FUNDING FOR AN AQUATIC
STUDY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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 First Amendment to
the agreement with the Baytown Municipal Development District regarding funding for an
aquatic study. 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 to of the City Council of the
City of Baytown this the 14th day of December, 2006.
•
S P H. DONCARLOS, Mayor
;,firnt
OrfOiti,
•'LO' Is""' :;an, . City Clerk
APPROVED AS TO FORM:
I ACIO RAMIREZ, S . City Attorney
R:\Karen\Files\City Council\Ordinances\2006\December 14\AuthorizeAmendmentWithMDD4AquaticStudy.doc
FIRST AMENDMENT TO THE
AGREEMENT FOR FUNDING FOR
AN AQUATIC STUDY
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment to the Agreement for Funding for an Aquatic Study dated
September 8. 2006, is made as of the day of December, 2006, ("First Amendment") by and
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").
WHEREAS, the City and the District did enter into an Agreement for Funding for an
Aquatic Study on the 81h day of September, 2006 ("Agreement"); and
WHEREAS, since the date of the agreement, the City has received a statement of
qualifications and its Architect and Engineering Committee has selected Kimley-Horn and
Associates, Inc., (the "Firm") to perform the aquatics study; and
WHEREAS, the cost associated with the Firm's performance of the requested services is
greater than originally anticipated by the City and the District; and
WHEREAS. the District and the City desire the Firm to perform the services associated
with developing a new Aquatic Facilities Master Plan to better plan for the aquatic recreation
needs of the City and the District;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the parties hereto do hereby mutually agree as follows:
1. Definitions. Unless a different meaning clearly appears from the context, words and
phrases as used in this First Amendment shall have the same meanings as in the
Agreement.
2. Amendment. Section 5 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 SEVENTY THOUSAND AND NO/100
DOLLARS (S70,000.00). All payments required to be made herein shall
EXW A
First Amendment to the Agreement for Funding for an Aquatic Study, Page I
be payable on or before 30 days after the District receives an invoice
therefor from the City.
3. Entire Agreement. The provisions of this First 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 First Amendment
and the provisions of the Agreement, the provisions of this First 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 December, 2006, the date of execution by the City
Manager.
CITY" OF BAYTOWN BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT
GARY JACKSON STEPHEN H. DONCARLOS
City Manager President
ATTEST: ATTEST:
LORRICOODY LORRICOODY
City Clerk Assistant Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
04,-V-�
4TA-4CIO R.A',1IREZ, SR. ,. ACIO RAMIREZ, SR.
City Attorney General Counsel
R KarcnA-t1cs%Cny Council\Municipal Dcvelopment Distncr:Contracu 2006%firstAmndmcnt2AquaticsStudyProjecilnteriocal.doc
First Amendment to the Agreement for Funding for an Aquatic Study, Page 2
•
FIRST AMENDMENT TO THE
AGREEMENT FOR FUNDING FOR
AN AQUATIC STUDY
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment tote Agreement for Funding for an Aquatic Study dated
September 8, 2006, is made as of the S day of December, 2006, ("First Amendment") by and
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").
WHEREAS, the City and the District did enter into an Agreement for Funding for an
Aquatic Study on the 8th day of September, 2006 ("Agreement"); and
WHEREAS, since the date of the agreement, the City has received a statement of
qualifications and its Architect and Engineering Committee has selected Kimley-Horn and
Associates, Inc., (the "Firm") to perform the aquatics study; and
WHEREAS, the cost associated with the Firm's performance of the requested services is
greater than originally anticipated by the City and the District; and
WHEREAS, the District and the City desire the Firm to perform the services associated
with developing a new Aquatic Facilities Master Plan to better plan for the aquatic recreation
needs of the City and the District;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the parties hereto do hereby mutually agree as follows:
1. Definitions. Unless a different meaning clearly appears from the context, words and
phrases as used in this First Amendment shall have the same meanings as in the
Agreement.
2. Amendment. Section 5 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 SEVENTY THOUSAND AND NO/100
DOLLARS ($70,000.00). All payments required to be made herein shall
First Amendment to the Agreement for Funding for an Aquatic Study,Page 1
t
be payable on or before 30 days after the District receives an invoice
therefor from the City.
3. Entire Agreement. The provisions of this First 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 First Amendment
and the provisions of the Agreement, the provisions of this First Amendment shall
control.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple
copies, each of which shall be deepied to be an original, but all of which shall constitute but one
and the same amendment, this ‘,` day of December, 2006, the date of execution by the City
Manager.
CITY OF BAYTOWN BAYTOWN IJNICIPAL
DEVELOP NT DISTRICT
I
GARY JA SON S PH . DONCARLOS
City Man g r esident
•
.TI'SaI-11./, ATTES 1."111, -
_ 'V CO•rY LORRI COODY - -_ -
:ity Clerk Assistant Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
V ACIO RAMIREZ, SR NACIO RAMIREZ, S
City Attorney General Counsel
R:\Karen\Files\City Council\Municipal Development District\Contracts 2006\FirstAmendment2AquaticsStudyProjectlnterlocal.doc
First Amendment to the Agreement for Funding for an Aquatic Study,Page 2