Ordinance No. 3,34020225 -12
ORDINANCE '40. 3340
AN ORDINANCE AUmHORIZING AND DIREC'T'ING THE CITY 'MANAGER
OF THE CITY OF BAYTOWN TO EXECUTE A CONTRACT WITH FIRST
PRESBYTERIAN CHIJRCH. OF GnOSE CREEK_ TO FUND THE OPERATION
OF THE BAYTOWN NUTRITION CENTER; AUTHORIZING PAYIMENT BY
THE CITY OF FIVE TFOUSAND AND NO/100 DOLLARS WITH REGARD
TO SUCH AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOti' N:
Section l: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the City Manager to
execute a contract with First Presbyterian Church of Goose
Creek for the payment by the City of Baytown of the sum of
FIVE THOUSAND eL NO/100 ($5,000.00) Dollars to fund the hot
noon meals program for the Baytown Nutrition renter. A copy
of said Agreement is attached hereto, marked Exhibit "A ",
and made a part hereof for all purposes.
Section 2: 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 the 25th day
of February 1982.
r
a O. HUTa , Mayor
ATT.i?.8 >T :
EILEEN P. HALL, City Clerk
APPROVED:
RAI4DAI,L B. STRMG, Cit ttorney
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E X H I B I T "A"
20225 -12b
THE SPATE OF TEXAS (f
0 AGREEMENT
COUNTY OF HARRIS 0
This Contract and Agreement made and entered itno on
this the day of , 1982, 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 non- profit corporation loca-
ted.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 THERE-
FORE,
KNOW ALL MEN BY THESE PRESENTS:
I.
The CITY agrees to pay to CONTRACTOR the sum of FIVE
THOUSAND & N01100 ($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 /100 DOLLARS,
($1,250.00). In no event will the CITY pay more than FIVE
THOUSAND AND N01100 ($5,000.00) DOLLARS for the support of
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the Nutrition Center by the CITY. If, however, CONTRACTOR
fails to use the full. FIVE THOUSAND AND 1d0 /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.
11.
The CONTRACTOR, for and in consideration of the sum of
FIVE THOUSAND AND NO /100 ($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 NO /100 ($5,000.00) DOLLARS.
Ill.
CONTRACTOR agrees that it will submit to the City
Council an annual report. The report shall show participa-
tion, expenses, and year's activities. The report shall_ be
submitted at the end of the Contract year.
IV.
Contractor agrees to furnish the City with a copy of
its 1982 annual budget.
V.
It is expessly 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
BAYTO`VN. Nothing herein contained at any time or in any
manner shall be construed to (1) effect an agreement of
J
Y 1
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partnership or joint 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.
VI.
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 em-
ployees, from and against any and all claims for damages or
injuries to persons or property of whatsoever kind or char-
acter, 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 respon-
sibility for injuries, claims or suits for damages to person
or property, of whatever kind or 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.
VII.
The City Council reserves the right to cancel this
Contract in the event the services performed by CONTRACTOR
hereunder are unsatisfactory in the judgemnt of the City
Council, and further for the violation of any provisions here-
of.
VIII.
This Contract shall become effective January 1, 1982,
and shall be in force and effect for a period of twelve (12)
months, terminating on December 31, 1982. This Contract is
entered into subject to the Charter and ordinances of the
CITY OF BAYTOWN and applicable State laws.
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EKECUTED IN DUPLICATE ORIGINALS by the CITY OF BAYTOWN
and FIRST PRESBYTERIAN CHURCH OF GOOSE CREEK, acting by and
through its duly elected trustees, this the day of
, 1982.
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
BY: _
TRUSTEE
BY:
TRUSTEE
BY
TRUSTEE
Published: The Baytown Sun X037.1 -1
Viednesday, ';larch 17, 1-082
ORDINANCE NO. 3340 -A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AUTHORIZING THE INSTALLATION OF TRAFFIC CONTROL SIGNALS
AT GARTH ROAD AND SCHILLING AVENUE; PRESCRIBING A MAXIMUM
PENALTY OF TWO HUNDRED AND NO /100 ($200.00) DOLLARS; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
WHEREAS, Article 6701d, Vernon's Texas Civil Statutes, pro-
vides that local authorities in their respective jurisdiction
may place and maintain any traffic control device upon any high-
way under their jurisdiction as they may deem necessary, taking
into consideration the usual traffic flow of the streets or high-
ways within their jurisdiction. Said governing body may determine
that various local traffic control devices are necessary, and
shall direct said appropriate devices be erected, by the passage
of an ordinance, which shall be effective when approprate signs
giving notice thereof are erected at such intersections or other
place or part of the street or highway; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: On the basis of an engineering and traffic
investigation heretofore made as authorized by the provisions
of Article 6701d, Vernon's Texas Civil Statutes, traffic signals
shall be installed at the following intersection, to -wit:
Garth Road and Schilling Avenue
Section 2: The Director of Planning and Traffic is hereby
authorized and directed to cause the above referred to traffic
signals to be installed.
Section 3: It shall be unlawful for a driver of a vehicle
to disobey the signals installed in accordance with the provis-
ions of this ordinance, unless at the time otherwise directed by
a police officer.
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Section 4: An offense under this chapter for which another
penalty is not provided is a misdemeanor punishable by a fine of
not less than one dollar ($1.00) nor more than Two Hundred ($200.00)
Dollars, except tha minors who have not reached their seventeenth
birthday shall be punished by a fine of not more than One Hundred
($100.00) Dollars, and each violation shall constitute a separate
offense.
Section 5: This ordinance shall take effect from and after
ten (10) days after its passage by the City Council. The City
Clerk is hereby directed to give notice hereby by causing the
caption of this ordinance to be published in the official news-
paper of the City of Baytown at least twice within ten (10) days
after is passage.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, Texas on this the 11th
day of
March , 1982.
ATTEST:
EILEE'N P. HALL, City Clerk
APPROVED: 4
, Cit eAND_ALLj_eB. orney
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