MDD Resolution No. 46 RESOLUTION NO.46
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT
TO EXECUTE AND THE ASSISTANT SECRETARY TO ATTEST TO AN
AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE CITY OF
BAYTOWN TO PROVIDE ADDITIONAL FUNDING FOR CONSTRUCTION
OF IMPROVEMENTS TO THE WAYNE GRAY SPORTS COMPLEX;AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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 finds that the expenditure authorized herein are for improvements,which satisfy
the purposes for which the funds can be expended pursuant to Section 377.001 of the Texas Local
Government Code and Section 413(a),Development Corporation Act of 1979(Article 5190.6,Vernon's
Texas Civil Statutes).All required findings pursuant thereto are hereby declared to have been made and
adopted as findings of the Board of Directors.
Section 2:That the Board of Directors of the Baytown Municipal Development
District hereby authorizes the President to execute and the Assistant Secretary to attest to an
amendment to the Interlocal Agreement with the City of Baytown to provide additional funding
for construction of improvements to the Wayne Gray Sports Complex.A copy of the
Amendment is attached hereto as Exhibit"A,"and made a part hereof for all intents and
purposes.
Section 3: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 DistrictqNAaLDW.
ru day o ne
It
ANDERSON,Vice President
ATTEST:
GAY Y NV SMI,Assistant Secretary
APPROVED AS TO FORM:
(�l ACIO RAMIREZ,SR.,Deneral Counsel
Vadc2Vitigation\:arrn\Fiks\CityCoum-Wunicipal Development DistrictVtcxboon%\MDDWayneGrayPonsCornplcxRenovationProiatAmcndmrnt.doc
AMENDMENT
TO THE
AGREEMENT FOR THE CONSTRUCTION OF THE WAYNE GRAY SPORTS COMPLEX
RENOVATION PROJECT
STATE OF TEXAS§
COUNTY OF HARRIS§
This Amendment("Amendment")to that certain"Agreement for the Construction of the Wayne Gray
Sports Complex Renovation Project"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 Hams and Chambers Counties,Texas,(the"District"),dated.2004,(the
"Agreement")is made by and between the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS,on September 12,2002,the Board of Directors of the District(the"Board's approved an
lnterlocal Agreement with the City of Baytown to provide funding in an amount not to exceed TWO
HUNDRED TWENTY-FOUR THOUSAND AND NO/]00 DOLLARS($224,000.00)for the design of
improvements to the Wayne Gray Sports Complex;and
WHEREAS,the City expended TWO HUNDRED NINETEEN THOUSAND AND N0/100
DOLLARS(S219,000.00)for the professional fees for the design of the improvements;and
WHEREAS,on December 4,2003,the Board approved an lnterlocal Agreement with the City of
Baytown to provide funding in an amount not to exceed ONE MILLION NINE HUNDRED SIXTY-SIX
THOUSAND AND NO/1 00 DOLLARS($1,966,000.00)for construction of the improvements;and
WHEREAS,the budget for the design and construction of the project is TWO MILLION ONE
HUNDRED NINETY THOUSAND AND NO/]00 DOLLARS($2,190,000.00);AND
WHEREAS,on May 21,2004,the City opened bids for construction of the proposed improvements
at the Sports Complex;and
WHEREAS,the bids exceeded the funding authorized by the Board;and
WHEREAS,the Board desires to provide additional funding in the amount of ONE HUNDRED
THOUSAND AND NO/1 00 DOLLARS(S]00,000.00)for construction of improvements at the Wayne Gray
Sports Complex:and
NOW THEREFORE,for and in consideration of the mutual covenants and agreements herein
contained,the parties hereto do hereby mutually agree as follows:
I.
Unless a different meaning clearly appears from the context,words and phrases as used in this
Amendment shall have the same meanings as in the Agreement.
BMIBIT A
Third Amendment to the Water Supply and Waste Disposal Agreement,Page l
II.
Section 5"Funds to be provided by the District"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 TWO
MILLION SIXTY-SIX THOUSAND AND NO/100 DOLLARS(S2,066,000.00).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.
IV.
The provisions of this 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 Amendment and the provisions of the Agreement,the provisions of this 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 June,2004.
CITY OF BAYTOWN BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT
GARY JACKSON RONALD W.ANDERSON
City Manager Vice President
ATTEST:ATTEST:
GARY W.SMITH GARY W.SMITH
City Clerk Assistant Secretary
APPROVED AS TO FORM:APPROVED AS TO FORM:
'ACIO RAMIREZ,SR.ACID RAMIREZ,SR.
City Attorney General Counsel
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Third Amendment to the Water Supply and Waste Disposal Agreement,Page 2