Ordinance No. 1,473ORDINANCE NO.1473
AN ORDINANCE OF THE CITYCOUNCIL OF THE CITY OF BAYTOWN,TEXAS,AUTHORIZING
ANDDIRECTINGTHE MAYORAND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE
ANDATTEST TO A MODIFICATION AGREEMENT BETWEEN THE HOUSING AUTHORITY OF
THE CITY OF BAYTOWN ANDTHE CITY OF BAYTOWN,TEXAS,WITH REGARD TO A CON
TRACT ENTERED INTO ON MARCH 20,1973,MODIFYING PARAGRAPH IV OF SAID
CONTRACT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BEIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1:That the City Council of the City of Baytown,Texas,hereby
approves the Modification Agreeinent between the Housing Authority of the Cityof
Baytown and the City of Baytown,with regard to a contract entered into on March
20,1973,modifyingParagraph IV of said contract,and authorizes the Mayor and
City Clerk to execute and attest to such Modification Agreement,a copy of which
is attached hereto,marked Exhibit "A",and made a part hereof for all intents
and purposes.
Section 2:This ordinance shall take effect from and after its passage by
the City Council of the City of Baytown,Texas.
INTRODUCED,READ and PASSED by the affirmative vote of the City Council
this £7 day of jLx jJ[7*aJUa),1973.
TOM GENTRY,Mayor
ATTEST:
EDNA OLIVER,City Clerk
APPROVED:
RlfHARflSONT City Attorney
EXHIBIT "A"
THE STATE OF TEXAS
1 MODIFICATION AGREEMENT
COUNTY OF HARRIS \
THIS AGREEMENT DATED the day of ,1973,by
and between the Housing Authority of the City of Baytown,Texas,hereinafter
called "Housing Authority",acting herein byan through its Chairman and Secretary,
thereunto duly authorized,and the City of Baytown,Texas,hereinafter called
"City",a body corporate and politic,organized and existing by the general
laws of the State of Texas,acting herein by and through its Mayor,thereunto
duly authorized.
WHEREAS,the parties hereto entered into an agreement dated the 20th
dayofMarch,1973,whereby Housing Authority agreed to pay the City the sum
of Three Thousand Fifty-Five and No/100 ($3,055.00)Dollars to provide the
Housing Authority with City of Baytown Parks &Recreation Department personnel
forthe organization,supervision,and administration of community activities
programs at Edison Court,DeZavala Court,and Lincoln-Sam Houston Court Community
Centers.A copy of said contract is attached hereto,marked as Exhibit "A",
and such contract,except as herein modified,is hereby made a part of this
Modification Agreement.The original agreement,together with this modification
agreement now constitute the full contractual agreement between the parties;
NOW THEREFORE,KNOW ALL MEN BY THESE PRESENTS:
THAT the parties hereto do hereby modify the original agreement in
the following respects:
I.
That the consideration to be paid by the Housing Authority shallbe
the sum of Six Thousand Three Hundred and Seventy Dollars ($6,370.00)Dollars
to be paid quarterly;One Thousand Five Hundred Ninety-Two and 50/100 ($1,592.50)
Dollars,payable by October 1,1973;One Thousand Five Hundred and Ninety-Two
and 50/100 ($1,592.50)Dollars,payable by January 1,1974;One Thousand Five
Hundred Ninety-Two and50/100 ($1,592.50)Dollars,payable by April 1,1974;
andOne Thousand Five Hundred Ninety-Two and 50/100 ($1,592.50)Dollars,payable :
by duly 1,1974,in lieu of thesum of Three Thousand Fifty-Five and No/100
($3,055.00)Dollars;One Thousand Four Hundred Sixty-Two and 50/100 ($1,462.50),
payable by April 1,1973;and One Thousand Five Hundred Ninety-Two and 50/100
($1,592.50),payable July 1,1973,as set out in the original agreement hereby
modified.
II.
All provisionsof the original agreement not inconsistent with this
Modification Agreement are continued in full force andeffect.
III.
The provisionsof this Modification Agreement shall be effective from
October 1,1973 through September 30,1974.
EXECUTED IN DUPLICATE ORIGINALS by the Housing Authority of the City
of Baytown,acting herein byand through its Chairman and Secretary,thereunto
duly authorized,and the City of Baytown,Texas,actingherein by and through
its Mayor,thereunto duly authorized,this the day of
1973.
HOUSINGAUTHORITY OF THE'
CITYOF BAYTOWN
BY
Chairman
/
CITY OF BAYTOWN
BY
TOM GENTRY,Mayof
ATTEST:
Secretary
EDNA OLIVER,City Clerk
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EXHIBIT "A"
-'v
THE STATE OF TEXAS \
1 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OFHARRIS J
This agreement,made and entered into by and between the Housing Authority
of the City of Baytown,Texas,hereinafter called "Housing Authority",acting
—herein by an through its Chairman and Secretarythereunto duly authorized,and
the City of Baytown,Texas,hereinafter called "City",a bodycorporateand
politic,organized and existing by the general laws of the State of Texas,acting
herein by and through its Mayor,thereunto duly authorized.
WHEREAS,the Housing Authority is a public corporation of the State
of Texas created by the provisions of the Housing Authorities Law,Article 1269k,
Yernon's Civil Statutes,as amended,and is authorized pursuant to said law,
In lieu of the payment of taxes,to agree to make payments to the City for services
furnished by the City in an amount not to exceed the estimated cost of services;
and
WHEREAS,the Housing Authority presently has under management Edison,
DeZavala,and Lincoln-Sam Houston Courts,low-rent housing projects being used
to house families of low income,each of which project contains a community
building;and
WHEREAS,the Housing Authority does not presently have in its employ
—personnel trained or experienced inthe operation of community service centers;
and
WHEREAS,the Parks &Recreation Department of the Cityof Baytown has
had extensive experience in rendering social services and is presently engaged
in the administration and management of the Baytown Conmunity Center;and
WHEREAS,the Housing Authority,in order to have effectively operated
conmunity service centers at the said Edison,DeZavala,and Lincoln-Sam Houston
Courts Community Buildings,has requested that activities at these centers be
supervised and administered by the Parks &Recreation Department of the City
of Baytown;now therefore,Housing Authority and City agree as follows:
'"'I.
The Parks &Recreation Department of ths City of Baytown will supervise
and administer the operation of community activities programs at the community
•service centers at Edison,DeZavala,and Lincoln-Sam Houston Courts in a manner
consistent with the Policy for Community Activity adopted by the Housing Authority,
a copy of which policy is attached hereto and made a part hereof for all intents
*nd purposes.
-City will furnish City Parks &Recreation Department personnel to or
ganize a broad program of community activities and will provide the personnel
necessary to administer suchactivities.It is understood thatCity personnel
so furnished shall be strictly under the direction and control of the Director
of Parks &Recreation Department of the City of Baytown andthat the adminis
tration and supervision of the said conmunity activities programs shall be the
sole responsibility of the Parks &Recreation Department of the City of Baytown,
~»iffThat~any other personor organization conducting activities atthe comnunity
centers will co-ordinate such activities with the programs being administered
and supervised by the Parks &Recreation Department of the City of Baytown.
II.
The term of this contract is from April 1,1973 to September 30,1973.
The parties hereto contemplate that after the expiration of this contract it
..■Sr.be renewed by mutual consent of the .parties for one-year periods and that
the payment to be made by the Housing Authority will be adjusted to an amount
which will reflect changes in estimates of future costs.
III.
It Is specifically agreed and understood that Housing Authority will
be responsible for all overhead expenses incurredincident to maintenance and
operation of the Edison,DeZavala,and Lincoln-Sam Houston Courts Community
Center Buildings and shall furnish all furniture and equipment needed for the
various programs.It is further agreed and understood that any such furniture
or equipment so acquired shall be property of the.Housing Authority,unless :,
such property or equipment is acquired by gift or donation and designated as
a gift or donation to the City....
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^IV.
Housing Authority will pay to City the sum of Three Thousand Fifty-
Five and No/100 ($3,055.00)Dollars,One Thousand Four Hundred Sixty-Two and
50/100 ($1,462.50)payable by April 1,1973 andOne Thousand Five Hundred Ninety-
..Two and 50/100 ($1,592.50)payable July 1,1973,which sum is the estimated
cost to the City of service to be furnished.
V.--,
-Housing Authority agrees to save,hold harmless,anddefend the City
-incMts officers,agents,or employees and their successors in offensefrom
eny claimfor damages which the City or its officers,agents,or employees may
be held liable because of any act of Housing Authority officers,agents,or
employees or because of anyact of any independent contractor retained by Housing
Authority.
EXECUTED IN DUPLICATE ORIGINALS this the £o day of fr)4XsA,,1973.
HOUSING AUTHORITY OF THE
CITY OF BAYTOWN
By ^C
Chai rman
'ml Secretary^
CITY OF BAYTOWN
Mayor
AnEST:
£
Edna Oliver,City Clerk
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