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Ordinance No. 1,912ia ORDINANCE NO. 1912 6264 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF BAYTOWN AND THE CITY OF BAYTOWN, TEXAS, WITH REGARD TO PROVIDING CITY OF BAYTOWN PARKS & RECREATION DEPARTMENT PERSONNEL FOR THE ORGANIZATION, SUPERVISION, AND ADMIN- ISTRATION OF COMMUNITY ACTIVITIES PROGRAMS AT EDISON COURT, DEZAVALA COURT, AND LINCOLN -SAM HOUSTON COURT COMMUNITY CENTERS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT 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 contract between the Housing Authority of the City of Baytown and the City of Baytown, Texas, with regard to providing the City of Baytown Parks & Recreation Department personnel for the organization, super- vision, and administration of community activities programs at Edison Court, DeZavala Court, and Lincoln -Sam Houston Court Community Centers in Baytown, Texas, and authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to such contract, a copy of said contract being 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 13th day of November , 1975. TOM GENTR , Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED: 01 00e 4NL C ARDSON, City Attorne E X H I BIT "All 6265 6266 1 i � THE STATE OF TERAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF HARRIS 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 and 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. WITNESSETH: WHEREAS, the Housing Authority is a public corporation of the State of Texas created by the provisions of the Housing Author- ities Law, Article 1269k, Vernon'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 manage- ment 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 in the operation of community service centers; and WHEREAS, the Parks & Recreation Department of the City of Baytown has had extensive experience in rendering social services and is presently engaged in the administration and management of the Baytown Community Center and has organized, supervised, and administered cummunity activities programs at Edison Court, DeZavala Court, and Lincoln -Sam Houston Court .� and community centers pursuant to a contract between the City Id "moi 6267 WHEREAS, said contract procides that it is contemplated that after the expiration of that contract that it may be renewed by mutual consent of the parties for one year periods. WHEREAS, the Housing Authority, in order to continue to have effectively operated community service centers at the said Edison, DeZavala, and Lincoln -Sam Houston Courts Community Buildings, has requested that activities at these centers continue to 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 the City of Baytown will supervise and aminister 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 Activities adopted by the Housing Authority, a copy of said policy is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. City will furnish City Parks & Recreation Department personnel to organize a broad program of community activities and will provide the personnel necessary to administer such activities. It is understood that City personnel so furnished shall be strictly under the direction and control of the Director of the Parks & Recreation Department of the City of Baytown and that the administration and supervision of the said community activities programs shall be the sole responsibility of the Parks & Recreation Department of the City of Baytown, and that any other person or organization conducting activities at the community centers will co-ordinate such activities with the programs being administered and supervised by the Parks & Recreation Department of the City of Baytown. -2- of Baytown and the Housing Authority of the City of Baytown through September 30, 1975; and WHEREAS, said contract procides that it is contemplated that after the expiration of that contract that it may be renewed by mutual consent of the parties for one year periods. WHEREAS, the Housing Authority, in order to continue to have effectively operated community service centers at the said Edison, DeZavala, and Lincoln -Sam Houston Courts Community Buildings, has requested that activities at these centers continue to 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 the City of Baytown will supervise and aminister 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 Activities adopted by the Housing Authority, a copy of said policy is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. City will furnish City Parks & Recreation Department personnel to organize a broad program of community activities and will provide the personnel necessary to administer such activities. It is understood that City personnel so furnished shall be strictly under the direction and control of the Director of the Parks & Recreation Department of the City of Baytown and that the administration and supervision of the said community activities programs shall be the sole responsibility of the Parks & Recreation Department of the City of Baytown, and that any other person or organization conducting activities at the community centers will co-ordinate such activities with the programs being administered and supervised by the Parks & Recreation Department of the City of Baytown. -2- 6268 xx. The term of this contract is from the date of.execution through September 30, 1976 The parties hereto contemplate that after the expiration of this contract it may be renewed by mutual consent of the parties for one year periods, and the payment to be made by the Housing Authority will be adjusted to an amount which will reflect changes in estimates of future costs. 1II. It is specifically agreed and understood that the Housing Authority will be responsible for all overhead expenses incurred incident to maintenance and operation of the Edison, J' 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. IV. That the consideration to be paid by the Housing Authority shall be 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, 1975; One Thousand Five Hundred and Ninety -Two and 50/100 ($1,592.50) Dollars, payable by January 1, 1976; One Thousand Five Hundred Ninety -Two and 50/100 ($1,592.50) Dollars, payable by April 1, 1976; and One Thousand Five Hundred Ninety -Two and 50/100 ($1,592.50) Dollars, payable by July 1, 1976. V. Housing Authority agrees to save, hold harmless, and defend the City and its officers, agents, or employees and their successors in offense from any claim for damages which the City -3- 6269 or its officers, agents, or employees may be held liable because of any act of the Housing Authority officers, agents, or employees or because of any act of any independent contractor retained by the Housing Authority. EXECUTED IN DUPLICATE ORIGINALS by the Housing Authority of the City of Baytown, acting herein by and through its Chairman and Secretary, thereunto duly authorized, and the City of Baytown, Texas, acting herein by and through its Mayor, thereunto duly authorized, this the 13th day of November 1975. CITY OF BAYTOWN BY ..... TOM GENTRY, Mayor ATTEST: EILEEN P. HALL, City Clerk HOUSING AUTHORITY OF THE CITY OF BAYTOWN By Chairman -4- Secretary c E X H I B I T "A" D 6270* • 6271 POLICY FOR COMMUNITY ACTIVITIES The Housing Authority of the City of Baytown recognizes the need for a well - integrated program of community activities. As one of the special utilities of the community, the public housing facilities represent an opportunity to provide programs to meet the normal growth needs of project residents and residents of the neighborhood alike. These can .supplement and compliment the educational, social, and recreational facilities and programs already being made available In the project.areas. In providing necessary physical facilities and working with the responsible social, educational, and recreational agencies of the community, the ' Authority will make a solid contribution to the development and improvement of the total -community, and at the same time protect and preserve.the community's and the federal government's investment in the public housing property and fulfill the basic of the housing n purpose g program; to improve the living environment and standards of Its project residents. The eommun i ty facilities to be provided are to be des 1 gned to make possible' a broad program of community activities. Such a program may Include: (1) Educational activities, both formal and informal. (2) Athletic and recreational activities. (3) Civil endeavors for the betterment of•the'immediate or wider community. (4) Group work designed to strengthen the individual and groups through -di rect group experience. (5) Social -activities to promote civic -concern and responsible -The Housing Autheri ty of Baytown believes that the normal public and pri vate services available to any res i dent of this City should be made equally available Page 1 6272 t9 the Fesjdepts of its hpv�;Jng communities. Except for the supplyt,og of certain . ehyfl e@) j=acj j j ties within which to operate (such as indoor and outdoor spaces and F,@HP.9@ t. eguipment 1 the Authority believes that the actual operation of health, 1✓)yfe eRd Fgcreetjonal foci Ii ties belongs to the whole urban community. IFI 9F&F to make these servi c -es available to its res i dents In a fair and MeiiiieF? the. Haus ine Authority of Baytown sets forth the fol lowing policies ..._,fifid..fpgyl@tjon§ gyYErn1n9-.the Usc of Its physical facilities within its various pU§JJ6=hLpys1ag communities Pow in existence or hereafter constructed. j; PROGRAM AND SUPERVISION OF THE USE OF THE FACILITIES: 1. -in -the •interest Qf providing the best services to the Housing Authority Jh@J) eonsul t with rcpr;sentatives of responsible agencies, ski l led in_� ..-Ie.SFoviding of health, welfare, educational, and recreational services. �A-the-aroas, and t4 -determine -leadership needs of the project and to f 1pe:t 9ne publig or private agency which will accept the responsibility for the Oi recti on of the entire activities program. The agency so *p1@C_te4 shall agree -.to provide professional competent leadership, and to assign•one full-time agency staff member the responsibility for oi�djng app supervising a Community Activities Program and in scheduling #19 LMIe of all Community facilities within the housing community. He h@ ingtrdcted by the private or public agency (hereinafter referred to the "Apncy") by which he is employed to: F"Cou' rner and wel come the participation of all imsponsible -public and private agencies. in the -- (9) Sehodulo the use of all community activity facilities. Provide adequate supervision for all groups under the general program of community activities, and determine - --that ether groups using the -facilities have provided -- ' Page 2 • 6273 ' adequate superv�ision. _ (4) Encourage participation in the planning and execution of the program on the part of the res i dents and others In the neighborhood who are not necessarily residents of ---the project. - -- --- -- - - — —($) -Endeavor to engender within -those-who 'use the -faci l i ties • "" a respect 'for property and to assume responsibility for the care of the property. (6) Supply to the Authority such statistics and information as the Agency may have available as 'to the program and Its ._operation —and. assist -In -compi.l-Ing-such statistics as the Authority may find necessary for. its various reports. (7) Arrange••for regularly scheduled conferences bringing together representatives of the Authority, the Agency, and the users - regarding any and all of the subjects •listed herein. These conferences shall not'be construed as establishing an enployer-employee relationship between the Authority and the Director or other workers in the .activities center, but rather as supporting and faci 11 tatin the best possible working relationship between the various Interests involved. e. 'The use of the community facilities shall be reserved first foe these activities which serve all the res i dents . Any acts vi'ty wh.i ch doe's. not , serve all the residents can tenliorari ly..be permitted the use of faci 1 i ties until such time as those facilities are required for an activity serving all the residents. Nothing in this statement shall bar the reservation of certain facilities for activities 1 i mi ted as to age, sex, and group Page 3 . 6274 - functions. All groups desiring to use the space and favi 1 i ti es for legitimate social, recreational, or civic purposes may have access to them under these regulations. C. The Housing Authority shall retain at all times the right to withdraw from use any faci 1 i ty which Is .being used or misused. No such with- - ----drawal- shall be -made without consultation with the Parks and Recreation D. It shall be a recognised principal that adequate supervision shall be available before any facility shall be used for community activities. Adequate supervision shall ba determined by the Parks and Recreation Department, sub-iect-_to_-:-the_approval., of the Authority.- -E. uthority. •E. -The use of intoxi eating beverages shal l not be 'permi tted in any fact l I ty. F. The`Community'Activi ties facilities shall not be.made available for the use of any organization found by the United States Attorney General to be opposed or subversive to the principles of a­demacratic'society': 11. USE OF FACILITIES WERE MON EY- 15 COILECTE I7 '+" "'`'"-�t` A. . Community facilities shall not be used for commercial enterprises. No Individual shall- de -rive -any private -gain- from -the- use,of-the` '-Y"'-- - fact 11 ti es. It-is-recognt-zed--that-in -the-no rma'1 -growth --an-&actIvit'i es . of a group -it trot --times benefI ci-a1-for- the --group- to' en'gage`i•n-acti vl'tivs, which involve -the-charging-cf adessrort-to meet--expens-es`of-an`activity;- -- and to rat se money` "through- the use of community facilities for certain communitj'projects-. The following policy As to be Imposed by the Authority, - tfie' Pai4Li" and' itecreation Departmerit,�and other commune ty activity leaders in••the permitting of the use of community facilities for such purposes. (1) Any group wishing to conduct a fee activity under the Community Activities 'Program shall first have the permission of the Parks _. _...._ and Recreation Department... ` _. _._. __._ -_ -._ -�- • -- Page 4 6275 (2) Groups desiring to charge admission only to defray expenses of the parti cul a acti vi ty for wh ich the admi ss ion is charged may • be permitted to so use the facilities - providing the activity Is one within the Community Activities Program or is approved -by the Parks and Recreation Department. "(3) "in any activity involving expenses to the Housing Authority, such as the use of janitors for overtime work or other special services, the Parks and Recreation Department shall consult with the Authority prior to the activity and arrangem. nts shall be made for the payment to the Authority, for the services rendered. Page 5 id W _ THE STATE OF TEXAS § COUNTIES OF HARRIS AND CHAMBERS § CITY OF BAYTOWN § 6276 The City Council of the City of Baytown, Texas, convened in regular meeting, open to the public, on the 25th day of November, 1975, at the City Hall, and the roll was called of the duly constituted officers and members of the City Council and the City Clerk of the City, to -wit: Tom Gentry Mayor Charles Pool Councilman Emmett 0. Hutto Councilman Fred Bednarski Councilman Tom Walmsley Councilman Jody Lander Councilman Mary E. Wilbanks Councilwoman Eileen P. Hall City Clerk and all of said persons were present, except the following ab- sentees: Councilman Charles Pool , _ thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ordi- nance entitled: ORDINANCE AUTHORIZING ISSUANCE OF $3,000,000 GENERAL OBLIGATION BONDS, SERIES 1975-A; APPROPRIATING $3,000,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO (the "Ordinance") was duly introduced for the consideration of the City Council and reviewed in full. It was then duly moved and seconded that the Ordinance be passed; and, after due discussion, the motion, carrying with it the passage of the Ordinance, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye". NOES: None. The Mayor thereupon announced that the Ordinance had been duly and lawfully adopted. The Ordinance thus adopted follows: