Ordinance No. 10,716ORDINANCE NO. 10,716
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 INTERLOCAL
AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT
DISTRICT FOR FUNDING FOR THE PURCHASE OF APPROXIMATELY 50
ACRES OF LAND FOR MUNICIPAL PURPOSES; 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 interlocal agreement
with the Baytown Municipal Development District for funding for the purchase of approximately
50 acres of land for municipal purposes. 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. /J
INTRODUCED, READ and PASSED by the affirmatiye(vote of the City Council of the
City of Baytown this the 13th day of September, 2007.
STEPHEN H. DONCARLOS, Mayor
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., CiM Attorney
R:\Kuren\Files\City Council\Ordinances\2007\Scplember 13\MDDIntcrlocal4ParkProperty.doc
AGREEMENT FOR FUNDING THE PURCHASE OF
APPROXIMATELY 50 ACRES OF LAND
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement for Funding the Purchase of Approximately 50 Acres of Land (the "Agreement")
is made as of the day of September, 2007, by and between the CITY OF BA YTOWN a municipal
corporation locateTTn Harris and Chambers Counties, Texas, (the "City ) and the BA YTOWN
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"). For
and in consideration of the mutual covenants herein contained, it is agreed as follows:
Section 1. Representations and Warranties of District.
a) The District is engaged in an on-going effort to provide new resources to plan, acquire,
establish, develop, construct and/or renovate one or more development projects beneficial
to the District, which includes the incorporated limits of the City lying within Harris
County.
b) The District covenants that it shall actively work to productively coordinate its activities
with the City in an effort to reduce duplication of services.
c) The District represents and warrants that it has been properly created and is duly
authorized pursuant to the Act to enter into this Agreement.
Section 2. Description of Program. The City, with the assistance of the District as herein specified, agrees to attempt to purchase
approximately 50 acres of land for one or more development projects.
Section 3. Reports. c' The City shall prepare and submit to the District within 120 days after the end of each fiscal year
during the term of this Agreement a verbal or brief written report describing the services performed by the
City pursuant to this contract during the previous year along with a summary of expenditures for the
previous fiscal year.
Section 4. Approvals. . The District understands, hereby directs and authorizes the City to make any Project clarifications
and/or modifications as may be necessary as determined by the City in its sole discretion.
Section 5. Funds to be provided by the District.
For and in consideration of the services to be provided by the City in furtherance ot this
Agreement the District shall tender funds to the City in an amount not to exceed FOUR HUNDRED
TWENTY-FIVE THOUSAND AND NO/100 DOLLARS (5425,000.00). 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.
EXHIBIT A
Agreement For Funding the Purchase
of Approximately 50 Acres of Land. Page I
Section 6 Term. ^ ^ Manager> and shall expire thirty
,30) day^a^TnaUomplilon and acceptance of the Project by the City, unless sooner term.na.ed by
either party hereto pursuant to the terms hereof.
A plrry'^^rperfornunce under ,his contract only upon default by .he o.her par,y_
default.
Upon the .ermina.,on of .his Agreemen, bo,h parties shall be f*««*£ res'Klive
obligations herein stated. This Agreemen. shall no. be subject to termmauon for convemence.
. nonperformance. or stoppage due ,o any of the following causes shall
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perform.
termination.
Upon termination of this Agreement pursuant to Section 7 hereof due to an -uncur«d^fi>ult by the District, the District hereby agrees to pay the total amount commuted m Sect.on 5 hereof on or before the
effective date of the termination.
SCC"°n T0hisPco«r?c!nshaTbmSd-and benefi. .he Ci.y and .he District and shall no, bestow any ri*. upon
any third parties.
Section 11 heretQ tQ jnsist on the strict performance of any of the agreements herein or
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default or failure of performance.
Agreement For Funding ihe Purchase
D Acres of Land. Page 2
Section 12. Compliance with Applicable Laws.
The parties hereto shall comply with all rules, regulations, and laws of the United States of
America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now
exist or may hereafter be enacted or amended.
Section 13. Choice of Law; Venue.
This contract is subject to and shall be construed in accordance with the laws of the State ot
Texas, the laws of the federal government of the United States of America and all rules and regulations of
any regulatory body or officer having jurisdiction. This contract is performable in Harris County, Texas.
Section 14. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered
when actually received or, if earlier, on the third day following deposit in a United States Postal Service
post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to
the respective other party at the address described below or at such other address as the receiving party
may have theretofore prescribed by notice to the sending party:
District
Baytown Municipal Development District
Attn: President, Board of Directors
P.O. Box 424
Baytown. Texas 77522-0424
Fax:(281)420-6586
City
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, Texas 77522-0424
Fax: (281)420-6586
Section 15. Audits. 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.
Agreement For Funding the Purchase
of Approximately 50 Acres of Land. Page 3
Section 19 Assienment or Transfer of Rights or Obligations. The City Si not sell, assign, or transfer any of its rights or obligations under th.s Agreement in
whole or in part without prior written consent of the District.
M; p^ag^'tha, should any provision of .his Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, wh,ch shall contmue
in full force and effect.
tiOn The ^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 BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT
GARRISON C. BRUMBACK
City Manager
ATTEST:
STEPHEN H. DONCARLOS
President
ATTEST:
LORRI COODY
City Clerk
APPROVED AS TO FORM:
LORRI COODY
Assistant Secretary
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR.
City Attorney
IGNACIO RAMIREZ, SR.
General Counsel
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Agreement For Funding the Purchase
nf Approximately 50 Acres of Land. Page 4