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MDD Resolution No. 5 RESOLUTION NO.5 A RESOLUTION OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE EXPENDITURE OF FUNDS IN THE AMOUNT OF TWO HUNDRED TWELVE THOUSAND TWO HUNDRED NINETY-FIVE AND NO/100 DOLLARS($212,295.00)FOR THE DEVELOPMENT OF THE CHANDLER ARBORETUM AND PARK, CONTINGENT UPON THE CITY OF BAYTOWN'S SECURING A GRANT FROM THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THIS PURPOSE:AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS,the City of Baytown(the"City"),desires to make application to the Texas Parks and Wildlife Department for a grant for the development of the Chandler Arboretum and Park;and WHEREAS,the grant requires that the City provide an in-kind match in the amount of TWO HUNDRED EIGHTY-SEVEN THOUSAND SEVEN HUNDRED FIVE AND NO/100 DOLLARS($287,705.00)and that the Baytown Municipal Development District provide a cash match in the amount of TWO HUNDRED TWELVE THOUSAND TWO HUNDRED NINETY-FIVE AND NO/100 DOLLARS($212.295.00);and WHEREAS,the project will consist of land acquisition and the development of the front 18 acres of the arboretum site and will include community gardens,trails,2 freshwater ponds,a playground,picnic area,ornamental gardens,and a native prairie grass area;and WHEREAS,the Board of Directors after reviewing the project hereby finds that the project furthers the purposes of the Baytown Municipal Development District and qualifies as "development project"as that term is defined in Section 377.001 of the Texas Local Government Code;and WHEREAS,the Chandler Arboretum Subcommittee has approved the proposed grant project and recommends approval of the proposed resolution;NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT: Section 1:That the Board of Directors of the Baytown Municipal Development District hereby authorizes the expenditure of funds in the amount of TWO HUNDRED TWELVE THOUSAND TWO HUNDRED NINETY-FIVE AND NO/100 DOLLARS ($212,295.00)for the development of the Chandler Arboretum and Park,contingent upon the City of Baytown's securing a grant from the Texas Parks and Wildlife Department for this purpose. Section 2:This resolution shall take effect immediately from and after its passage by the Board of Directors of the Baytown Municipal Development District. INTRODUCED,READ and PASSED by the affirmative vote of the Board of Directors of the Baytown Municipal Development District this the 26'h day of July,2001. PETE C.ALFARO,President ATTEST: GA Y SMITH,Assistant Secretary APPROVED AS TO FORM: 10, ACIO RAMIREZ,SR.,neral Counsel c:W-h272\Council\Resolutions\Grants4ChandlerA.rboritium 2