O-2021-3824 to revise 2012 ETJ exchange agreement between the City of La Porte and City of Pasadena

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AMENDMENT TO INTERLOCAL AGREEMENT That certain Interlocal Agreement ("Interlocal Agreement" herein) made and entered into by the City of Pasadena, Texas, a municipal corporation, and the City of La Porte, Texas, a municipal corporation, effective as of the 31d day of July, 2012, whereby the City of Pasadena and the City of La Porte agreed to apportion areas within their respective extraterritorial jurisdictional boundaries ("ETJ" herein), including the transfer of the 99 acre tract known as the "Pasadena Annexation Property" from the City of La Porte's exclusive ETJ to the City of Pasadena's exclusive ETJ, is hereby amended as provided in this agreement. WITNESSETH WHEREAS, under the terms of the Interlocal Agreement the City of Pasadena ("Pasadena" herein) committed to the City of La Porte ("La Porte" herein) that it would construct and install drainage infrastructure on the Pasadena Annexation Property consisting of at least 100 acre-feet of storm water detention ("Drainage Improvements" herein); WHEREAS, the Interlocal Agreement provided that Pasadena would complete construction of the Drainage Improvements "no later than three years from the date of this agreement", which date equates to July 3, 2015; WHEREAS, construction of drainage infrastructure on the Pasadena Annexation Property was never completed by Pasadena, but Pasadena has now budgeted for said drainage infrastructure and desires to fulfill its obligations under the Interlocal Agreement; and WHEREAS, Pasadena anticipates that construction of the Drainage Improvements on the Pasadena Annexation Property will be complete one (1) year after the completion of all regulatory approvals, and City of Pasadena City Council approval of design, bidding and award of a construction contract. NOW THEREFORE, for and in consideration of the payment of Ten Dollars ($10.00) cash and other good and valuable consideration paid each unto the other, the sufficiency of which is hereby acknowledged and confessed the City of Pasadena and the City of La Porte hereby agree to amend the Interlocal Agreement, as follows: Section 1. Paragraph Three (3) of the Interlocal Agreement is hereby amended in its entirety, and shall hereinafter read as follows: a) The City of Pasadena plans to proceed with a project for the construction of Drainage Improvements on the Pasadena Annexation Property pursuant to the provisions set forth on Exhibit "C' to this agreement, providing for construction of 100 acre feet storm water detention facility as agreed by the parties hereto, and in the portion of the Pasadena Annexation Property as indicated on the map set forth In Exhibit 7' to the agreement 1