Ordinance No. 2,6265d
ORDINANCE NO. 2626
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND
ATTEST TO A CONTRACT FOR MOWING SERVICES; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the City Council of the City of Baytown
hereby authorizes and directs the City Manager and City
Clerk of the City of Baytown to execute and attest to a
contract for mowing services. A copy of said agreement is
attached hereto, marked Exhibit "A," and made a part hereof
for all intents and purposes.
Section 2: That this ordinance shall take effect from
and after its passage.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown this Sth day
Of. February , 1979•
MMETT 0. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
SCOTT BOUNDS, City Attorney
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EXH IB I T "A"
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THE STATE OF TEXAS 0
COUNTY OF HARRIS 0
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This Contract and Agreement made and entered into on
this the day of
, 1979, by and between
the CITY OF BAYTOWN, TEXAS, a municipal corporation of
Harris County, Texas, hereinafter called "City," and S. V.
ROBBERSON, an individual, hereinafter called "Contractor."
KNOW ALL MEN BY THESE PRESENTS:
THAT Contractor agrees as an independent contractor to
furnish mowing services in compliance with the terms, con-
ditions, covenants, and agreements hereinafter set forth:
I.
SERVICE
Contractor covenants and agrees to furnish mowing
services in compliance with the following requirements:
(a) Contractor shall furnish labor and equipment to mow
high weeds and grass on private property as authorized by
written notice from the Baytown Health Department.
(b) Residential lots will be mowed within five inches
of any buildings, trees, and shrubs.
(c) On all other tracts of land, that area within 50 to
100 feet of any building or structure shall be mowed.
(d) All tracts or lots shall be mowed within seven (7)
days after notification that the tract or lot needs mowing;
provided, however, that reasonable extentions may be granted
due to inclement weather.
II.
COMPENSATION
An invoice for the work performed shall be submitted on
form approved by City within three (3) days following completion
of mowing the assigned lot(s) or tract(s). The Contractor
shall be paid $10.00 an hour for each mower and driver
provided, however, that Contractor shall be paid a minimum
of $9.00 for each lot mowed.
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III.
INDEPENDENT CONTRACTOR
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It is expressly agreed and understood by both parties
hereto that S. V. Robberson is an independent contractor in
its relationship to the City of Baytown. Nothing herein
contained at any time or in any manner shall be construed to
effect an agreement of partnership or joining venture, or
render any party hereto the employer or master of the other
party and /or its employees, agents, or representatives.
IV.
INSURANCE
Contractor shall furnish either a certified copy of
policies of insurance or properly executed certificate of
insurance confirming and verifying that said Contractor has
in force public liability insurance in the amount of
$100,000.00 for injuries to one person, $300,000.00 for one
accident, and $50,000.00 for property damage.
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INDEMNIFICATION AND ASSMIPTION OF LIABILITY
Contractor agrees to indemnify, hold harmless, and
defend, the City of Baytown, its agents, servants or employees,
from and against any and all claims for damages or injuries
to persons or property of whatsoever kind or character,
whether real or asserted, arising out of or incident to the
provisions of this contract, and Contractor agrees to assume
all liability and responsibility for said injuries, claims
or suits for damages to persons or property.
VI.
REVOCATION OF CONTRACT
The City Council reserves the right to cancel this
contract in the event the services performed by Contractor
hereunder are unsatisfactory in the judgment of the City
Council, and further for the violation of any provision
hereof.
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VII.
TERM
This contract shall become effective on the 1st day of
March, 1979, and shall be in force and effect for a period
of twelve (12) months, terminating on the 29th day of February,
1980, or until the City expends Three Thousand Four Hundred
and No /100 ($3,400.00) Dollars, provided, however, that the
City, at its sole option, may continue the contract until
February 29, 1980. This contract may be renewed for further
periods, provided that such renewals are mutually agreeable
to both parties hereto.
EXECUTED on this day of
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ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
SCOTT BOUNDS, City Attorney
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CITY OF BAYTOWN
. 1979.
By
FRITZ LANHAM, City Manager
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CONTRACTOR
By
S. V. ROBBERSON