MDD Resolution No. 145 RESOLUTION NO. 145
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO
EXECUrE THE FIRST AMENDMENT TO THE IN-TERLOCAL AGREEMENT
WITH FIFE CITY OF BAY'FOWN FOR FUNDING OF THE NORTH
MAIN/ALEXANDER TRAFFIC :SIGNAL SYNCHRONIZATION PROJECT;
AUTHORIZING PAYMENT OF AN ADDITIONAL AMOUNT NOT TO EXCEED
ONE HUNDRED TIIIRTY-FIVE THOUSAND SIX HUNDRED SIXTY-SIX AND
38/I00 DOLLARS ($135,666.38)); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING I OR 'THE EFFECTIVE.DATETHEREOF.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT:
Section L That the Board of .Directors of the Baytown Municipal Development District
hereby finds that the expenditures authorized herein are for improvements, which satisfy the purposes for
which the funds call be expended pursuant to Chapter 377 of the Texas Local Government Code and/or
Section 3888.102 of the Special District Local Laws Code, 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 Director of the Baytown Municipal Development District
hereby authorizes the President to execute the First Amendment to the lnterlocal Agreement With the City
of.Barytown for Funding of the North Main/Alexander Traffe Signal Synchronization Project. A copy of
said first amendment is attached hereto as Exhibit "A;" and incorporated herein for all intents and
purposes.
Section 3: That the Board of Directors of the Baytown Municipal Development District
hereby authorizes the payment of all additional amount not to exceed ONE HUNDRED "THIRTY-FIVE
THOUSAND SIX HUNDRED SIXTY-SIX AND 38/100 DOLLARS ($135,666.38) to the City of
Baytown in accordance with the amendment referenced in Section licreof,
Section 4: 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 ate of
the Board of Directors of the
Bay town Municipal Development District, this the 6°1 day of May 01it.
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LE . ssistar t Secretary
APPROVED AS TO. FORM:
ACIO ItAMIRt37, S[2 Ger er. t Counsel
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Exhibit "A"
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 Synchronization Project (hereinafter referred to as the "First Amendment") is
made this _ day of May, 2010, by and among the BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT, a political 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 I Sth 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 38/100 DOLLARS ($335,666.38), 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:
I. 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 I
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
($335,666.38). All payments required to be made herein shall be payable
on or before 30 days after the District receives an invoice therefor from
the City.
3. Entire Agreement. The provisions of this First Amendment and the Agreement should be
read together and construed as one agreement provided that, in the event of any conflict
or inconsistency between the provisions of this First Amendment and the provisions of
the Agreement, the provisions of this First Amendment shall control. Nothing contained
in this First Amendment or in the Agreement shall be construed in any way to limit or to
waive the City's sovereign immunity.
4. Ambiguities. In the event of any ambiguity in any of the terms of this First Amendment,
it shall not be construed for or against any party hereto on the basis that such party did or
did not author the same.
5. Agreement Read. The parties acknowledge that they have read, understand and intend to
be bound by the terms and conditions of this First Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment in
multiple copies, each of which shall be deemed to be an original, but all of which shall constitute
but one and the same agreement on the_day of May, 2010, the date of execution by the City
Manager of the City of Baytown.
BAYTOWN MUNICIPAL DEVELOPMENT
DISTRICT
GARRISON C. BRUMBACK,General Manager
ATTEST:
LETICIA GARZA,Assistant Secretary
APPROVED AS TO FORM:
IGNACIO RAMIREZ,SR.,General Counsel
First Amendment to the Agreement for Funding
of the North Main/Alexander Traffic Signal Synchronization Project, Page 2
CITY OF BAYTOWN
GARRISON C. BRUMBACK,City Manager
ATTEST:
LETICIA GARZA, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR.,City Attorney
R\KiftnV�ile$CityCouncil\.%lunicipal Dcvdapmcm DisirictTontraCUTUntmcts 20101FirstAmendmenl2Nonh?6WnAlexmderTraT3cSign3listtionRoject.doe
First Amendment to the Agreement for Funding
of the North Main/Alexander Traffic Signal Synchronization Proicct.Page 3