Ordinance No. 3,0320 1 1 2 4— i
O RD S N A N C E N O _ 3 0 3 2
A N O RD S AUTHOR I Z Z NG AND D I RE CT I N G TH E C i TY AlA N A G S R
OF THE C I TY OF SAYT OWN T O T-4 1-7 CU IT, 1-4 A CONTRACT W I TH F IRS T
PRESBYTERIAN CHURCH OF GOO S E C RE E K T O FUND THE OPERATION
O F T IIE $ AY T OWN NU T R i T i ON C ENT E R= A L3 THO R 1 Z i NG P A Y M E N T BY
THE C I T Y O F F I V E THOU S AND 8s N O / 1 0 0 $ 5, 0 0 0_ 0 0 D O L LA R S
W I T H R E GA RD -PC), S U C H A GR E E M E NT AND P R OV = D i N G F OR T HE
EF FE CT i VE DAT E HEREOF _
T3 E S T ORD A I NE D BY T �I E C i TY C O UN C S L O F TH E C S TY O F
B A Y TOWN
S e c t i o n 1 T h a t t h e C i t y C o u n c i l o f t h e C i t y o f S a y t ow ra ,
Texas Yaereby authorizes and directs the City Marla "ar to
execute a contract wit Ya First Presbyteries Church of Goose
C r e e k f o r t h e p a y m e n t b y t h e C i t y o f B a y t o w n o f t h e s um o f
F I VE TI-j OU S AND F� NO / 1 0 0 $ 5, 0 0 0_ 0 0] D o l l a r s t o f u n d t h e h o t
n o o n m e a l s p r okj,� r am f o r t h e B a yt o wn Nu t r i t i o n C e n t e r_ A c o p y
of said A " jr- eemcrat is attached hereto , mar]�-- eci Exhibit
and made a part hereof for 211 irrtarits and purposes
Scct ion 2 That this ordinance sha11 t eke eff ect f rorrm
a n d a f t e r i t s p a s s a g e_
INTRODUCED READ and PASSED by the of f irrria t ivy vote of
the City Council of the City of Baytown this 24thday of
N o v emb e r 1 9 5 0_
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01124 -1a
THE STATE OF TEXAS
AGREEMENT
COUNTY OF HARRIS
This Contract and Agreement made and entered into on
this day of
, 1980, by and between the
CITY OF BAYTOWN, TEXAS, a municipal corporation in Harris
County, Texas, hereinafter called "CITY ", and FIRST PRESBY-
TERIAN CHURCH OF GOOSE CREEK, a nonprofit corporation located
in Harris County, Texas, hereinafter called "CONTRACTOR ".
WITNESSETH
WHEREAS, the Baytown Senior Citizens' Nutrition Center
has been organized in the public interest of the City of
Baytown, to provide hot noon meals to the elderly (60 years
or older); and
WHEREAS, the City Council of the City of Baytown has
determined that it is in the public interest that such a
service be provided for the elderly; and
WHEREAS, due to budgetary constraints, the Baytown
.Senior Citizens' Nutrition Center is unable to maintain its
present level of service; and
WHEREAS, the City and Contractor desire to continue
this program at its present level of service; NOW THEREFORE,
KNOW ALL MEN BY THESE PRESENTS:
I.
The CITY agrees to pay to CONTRACTOR the sum of FIVE
THOUSAND & NO 1100 ($5,000.00) DOLLARS for service to be
rendered in the support of the Baytown Senior Citizens'
Nutrition Center for a period of one (1) year. The CITY
agrees to pay the CONTRACTOR in advance in equal quarterly
payments of ONE THOUSAND TWO HUNDRED FIFTY & NO 1100 DOLLARS,
($1,250.00). In no event will the CITY pay more than
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FIVE THOUSAND AND NO /100 ($5,000.00) DOLLARS for the support
of the Nutrition Center by the CITY. If, however, CONTRACTOR
fails to use the full FIVE THOUSAND AND NO /100 ($5,000.00)
DOLLARS for the support of the Nutrition Center, as shown by
records provided herein, CONTRACTOR shall reimburse CITY the
unused money.
II.
The CONTRACTOR, for and in consideration of the sum of
FIVE THOUSAND AND N01100 ($5,000.00) DOLLARS, agrees to do
all things necessary to support the Baytown Senior Citizens'
Nutrition Center and to provide the assistance necessary for
the Nutrition Center to continue to offer its present level
of service. Such support and assistance includes salary
supplements for employees of the Nutrition Center, providing
group trips and tours, furnishing arts and crafts materials
for use at the Nutrition Center, and other similar activities
that the CONTRACTOR determines are in need of support. The
CONTRACTOR is not bound by the terms of this Contract to
provide support to the Nutrition Center in excess of FIVE
THOUSAND AND NO1100 ($5,000.00) DOLLARS.
III.
r
CONTRACTOR agrees that it will submit to the City
s
Council an annual report. The report shall show participat-
ion, expenses, and year's activities. The report shall be
F
submitted at the end of the Contract year.
IV
It is expressly agreed and understood by all parties
hereto that FIRST PRESBYTERIAN CHURCH OF GOOSE CREEK 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 (1) effect an agreement of
01124 -1c
partnership or joining venture or (2) render any party
hereto the employer or master of any other party and /or its
employees, agents or representatives. All necessary operating
personnel shall be deemed employees of CONTRACTOR.
FIRST PRESBYTERIAN CHURCH OF GOOSE CREEK covenants and
agrees to indemnify, and does hereby 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 support of the Nutrition Center and all
other operations arising under or otherwise incident to the
provisions of this contract. CONTRACTOR hereby assumes all
liability and responsibility for injuries, claims or suits
for damages to person or property, of whatever kind or
E
character, whether real or asserted, occuring during the
term of this agreement, arising out of or by reason of the
support of the Nutrition Center and all other operations
arising under or otherwise incident to the provisions of
this Contract.
VI.
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 provisions
hereof.
Vil.
This Contract shall become effective January 1, 195I,
and shall be in-force and effect for a period of twelve (12)
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months, terminating on December 31, 1981. This Contract is
entered into subject to the Charter and ordinances of the
CITY OF BAYTOWN and applicable State laws.
EXECUTED IN DUPLICATE ORIGINALS by the CITY OF BAYTOWN
and FIRST PRESBYTERIAN CHURCH OF GOOSE CREEK, acting by and
through its duly elQcted trustees, this the day of
, 1980.
CITY OF BAYTOWN
BY
FRITZ LANHAM, City Manager
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, City Attorney
FIRST PRESBYTERIAN CHURCH
OF GOOSE CREEK
a
E
BY
Trustee
BY
Trustee
BY
Trustee