Ordinance No. 5,4759699am
ORDINANCE NO. 5475
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT
WITH BAYTOWN CHAMBER OF COMMERCE FOR THE DEVELOPMENT AND
OPERATION OF A COMMUNITY IMAGE ENHANCEMENT PROGRAM; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS-
Section 2: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ
City Council of the
February, 1990.
and PASSED by the affirmative vote of the
City of Baytown, this the 22nd day of
EILEEN P. HALL, City Clerk
RAND ALL B. ST NG, C W Attorney
E
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ETT 0. HUTTO, City Manager
THE STATE OF TEXAS 5
• § AGREEMENT
COUNTY OF HARRIS §
THIS AGREEMENT, entered into this the day of
, 1990, by and between the CITY OF BAYTOWN, a
municipal corporation of Harris and Chambers Counties, Texas,
hereinafter called "CITY," and the BAYTOWN CHAMBER OF COMMERCE,
hereinafter called "CHAMBER."
W I T N E S S E T H
WHEREAS, the CITY and CHAMBER desire to improve the public
image of the City of Baytown in order to make the City a more
desirable place for people to choose to work and /or live; and
WHEREAS, the CHAMBER is better suited for community
promotion, and has several projects it desires to implement to
improve the public image of Baytown; NOW THEREFORE,
KNOW ALL MEN BY THESE PRESENTS:
In consideration of the promises, convenants, terms and
conditions herein contained, the parties mutually agree as
follows:
I
This agreement shall become effective immediately and shall
be for a term of one year, unless thirty (30) days written notice
to terminate is given by one party to the other.
II
The CITY shall pay to the CHAMBER the sum of TEN THOUSAND
AND NO /100 ($10,000.00) in consideration of services to be
performed as described herein. Such payment will be made within
sixty days of the date of signing of this agreement.
III
In consideration for the above described payment, the
CHAMBER agrees to develop, implement, and maintain a program to
enhance the community image of the Baytown area. The program
shall include advertisements, speakers, brochures, flyers,
welcome signs, and such other signs as the CHAMBER deems
appropriate. The parties agree that the most appropriate program
for immediate implementation is the construction of welcome signs
at the various roads entering Baytown.
IV
Any sign or other structure built or constructed by the
CHAMBER pursuant to this agreement shall remain the property of
the CHAMBER. Responsibility for supervision and maintenance of
any sign or any other structure shall be the CHAMBER's. No sign
or other structure built or constructed by the CHAMBER pursuant .
to this contract shall be built upon City property without prior
written consent of the City.
PA
It is expressly agreed and understood by all parties hereto
that the CHAMBER is an independent contractor in its relationship
to the City. Nothing herein contained at anytime or any matter
shall be construed to (1) affect an agreement of 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.
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VI
CHAMBER covenants, 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 implementation of any program or
project arising under or otherwise incident to the provisions of
this agreement.
The CHAMBER hereby assumes all liability and responsibility
for injuries, claims or suits for damages to person or property,
of whatever kind or character, whether real or asserted,
occurring during the term of this agreement, arising out of or by
reason of the implementation, operation or management of the
herein described community image enhancement program and all
other operations arising under or otherwise incident to the
provisions of this agreement.
vir
It is agreed and understood that this agreement may not be
signed without the prior written permission of the CITY.
SIGNED and ENTERED into this day of
CITY OF BAYTOWN
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, 1990.
BOBBY ROUNTREE, City Manager
ATTEST:
•
EILEEN P. FALL, City Clerk
ATTEST:
Secretary
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BAYTOWN CHAMBER OF COMMERCE
President