Ordinance No. 11,362ORDINANCkNO. 11.362
AN (1)R 1"') 1 NANCE CITY COUNCIL OFTHH'CITY ()F BAYTOWN,
TF`XAS, AurujORIZING THL' CITY NlANAGL,',.RT0 LX FICUTE AND 'Illy
CITY (,"LERK TO, ATTFST TO TFIE 1"IRST AN4[`NDN*`NT TO THF'
AGRI"I'MEN'r i:oil FUNDING 01' TFIf. NORTH MAIN/Al-EXANDE'R
TRAFFIC SIGNAL, SYNCHRONIZA]"ION PRo.iEur WIT11T1..1E BAYTOWN
MUNIC]PAL DFVFL,0PN4F`,NT DI STR MAKING 0TIl1'R PROVISIONS
RF'LATL`D 'I'll l;R I 1 -1'0; AND PROVIDINO FOR TIR" I.`1FFI`CTIVF'1 DATF,
TIJIIIR[,�'OF'.
131" IT ORDAM"D BY THE CITY COUNCIL 01: crr)7 OF BAY'l"ONAIN,
Ti':IXAS:
Section I That (fie ("ity council of the City ofBaylown,Texas, hereby authorizes
the City Manager to CXCCLIIC, and the City Clerk to, attest to the First Amendment to the
Agrecinent for Funding of the North Main/Alexander Traffic Signal Synchronization Project
with the Baylown Municipal Development District, A copy of Said a-greement is attached hereto
as Exhibit -A," and incorporawd IM-Cill f"01-cill ill(elltS,'Illd JRII-I)OSCS
Section 2: This ordinance shall take effect imalc(liatcly from and after its passage by
tile city Council of, tile City of' flaytolvfl.
INTRODUCL'.D, READ and PASSED by the affirmative vote
City I
y of Baylow'n this the I chi), of'May, 2010.
10 p7, vot4
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Cil)'COL11161 of the
DONCARLOS, Mayor
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FIRST AMENDMENT TO THE
AGREEMENT FOR FUNDING OF THE NORTH
MAIN/ALEXANDER TRAFFIC SIGNAL SYNCHRONIZATION
PROJECT
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment to the Agreement for Funding of the North Main/Alexander
Traffic Signal S nchronization P 'e (hereinafter referred to as the "First Amendment") is
made this ' dayof 1 b and among the BAYTOWN MUNICIPAL
y g
DEVELOPMENT DISTRI a poll ' al subdivision of the state and the City of Baytown
located in Harris County, Texas, hereinafter called the "District," and the CITY OF BAYTOWN,
a home-rule municipal corporation located in Harris and Chambers Counties, Texas, hereinafter
called the "City."
WHEREAS, the District and the City entered into Agreement for
Funding of the North Main/Alexander Traffic Signal Synchronization Project on
the 18`'day of April, 2008 (the"Agreement"); and
WHEREAS, thereafter, the City entered into an advanced funding
agreement with the State, which, through the Texas Transportation Commission,
awarded funding for the North Main/Alexander Traffic Signal Synchronization
Project (the"Project")as part of its Statewide Mobility Program; and
WHEREAS, under the state contract, the City is responsible for 20% of
the project cost including all overruns, which was estimated to be ONE
MILLION AND NO/100 DOLLARS ($1,000,000.00) in 2008; and
WHEREAS, the City was recently notified that its share of the Project
costs is now THREE HUNDRED THIRTY-FIVE THOUSAND SIX HUNDRED
SIXTY-SIX AND 3 8/100 DOLLARS ($33 5,666.3 8), instead of TWO
HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00); and
WHEREAS, the District remains supportive of this Project and desires to
provide additional funding therefor under the terms and conditions stipulated
herein;
NOW, THEREFORE, in consideration of the foregoing and in consideration of the
mutual promises, covenants and agreements herein contained, which consideration is hereby
acknowledged and received as good and valuable consideration, and the parties agree hereto 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.
First Amendment to the Agreement for Funding
of the North Main/Alexander Traffic Signal Synchronization Project, Page 1
r
2. Amendment.
Section 5 "Funds to be provided by the District" of the Agreement shall
be 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 THREE HUNDRED THIRTY-FIVE
THOUSAND SIX HUNDRED SIXTY-SIX AND 38/100 DOLLARS
($335,666.38). 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.
3. Entire Agreement. The provisions of this First Amendment and 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. Nothing contained
in this First Amendment or in the Agreement shall be construed in any way to limit or to
waive the City's sovereign immunity.
4. Ambiguities. In the event of any ambiguity in any of the terms of this First Amendment,
it shall not be construed for or against any party hereto on the basis that such party did or
did not author the same.
5. Agreement Read. The parties acknowledge that they have read, understand and intend to
be bound by the terms and conditions of this First Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment in
multiple copies, each of which shall be Aeeryied to be original, but all of which shall constitute
but one and the same agreement on the VIday of ay 2010, the date of execution by the City
Manager of the City of Baytown.
BAYTO M P DE ELOPMENT
DIST CT
c'
GARRISON C. BR ACK, General Manager
Ir
A , ST: d�
y
L 'I IA GA A, Asssi nt tary
AP ROVED AS TO FORM:
NACIO RAMIREZ, SR. neral Counsel
First Amendment to the Agreement for Fundinp,
of the North Main/Alexander Traffic Signal Synchronization Project, Page 2
•O
i
CITY O AY
GARRISON C. BRUM , City Manager
ATTEAlk
w
LE ICIA GARZA i y Cler
JAP :A&C
OVED AS TO FO
I RAMIREZ, SR., Ci Att rney
RAKaren\Files\City Council\Municipal Development District\Contracts\Contracts 2010\FirstAmendment2NorthMainAlexanderTrafficSignalizationProject doc
First Amendment to the Agreement for Funding
of the North Main/Alexander Traffic Signal Synchronization Project,Page 3