Loading...
HomeMy WebLinkAboutO-2008-3079 amend Ch 50;add new section 50-5 “Standards of Care for Recreational Programs and Camp Programs at City Facilities REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Ma Appropriation Requested By: Source of Funds: Department: Parks & Recreation Dc;;partment Acc't Number: N/A Report: _Resolution: _Ordinance: X Amount Budgeted: Exhibits: Exhibit A: Ordinance Amount Requested: Exhibits: Bud eted Item: YES NO SUMMARY & RECOMMENDATION This Public Hearing is to review the major components of the proposed Ordinance and receive public input relative to the proposed Ordinance. As was discussed at the April 28th Council workshop, State licensing requirements and training programs are geared toward early childhood education and preschool aged children. City of La Porte Parks and Recreation Department after school and summer day camp programs are geared towards ages 6 years to 12 years, and for persons with special needs, ages 4 years to adult. By adopting Standards of Care, the City of La Porte Parks and Recreation Department's Recreation Camp Programs will be self governed and can in turn create training progrdlllS that are age appropriate and recreational in nature. These Standards of Care as provided in the proposed Ordinance are intended to be minimum standards by which the City of La Porte Parks and Recreation Department will operate the City's Recreation Programs and Camp Programs. The programs operated by the City are recreational in nature and are not day care programs. The purpose of these Standards is to reduce possible municipal liability and to protect the health, safety, and well being of our children through a well-rounded recreational environment. The effective date for the ordinance is set for 30 days after passage to allow it to go into effect in conjunction with our summer programming. Open Public Hearing Close Public Hearing Staff Recommendation Staff recommendation is for approval of the proposed Ordinance as described. ~ Ron Botto~ City Manager Date Exhibit A Proposed Ordinance "STANDARDS OF CARE FOR CITY OF LA PORTE PARKS & RECREATION DEPARTMENT RECREATIONAL PROGRAMS AND CAMP PROGRAMS AT CITY FACILITIES" ORDINANCE NO. 2008 - ~o"1lf AN ORDINANCE AMENDING CHAPTER 50 "PARKS AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS BY ADDING NEW SECTION 50-5, "STANDARDS OF CARE FOR CITY OF LA PORTE PARKS & RECREATION DEPARTMENT RECREATIONAL PROGRAMS AND CAMP PROGRAMS AT CITY FACILITIES"; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF; WHEREAS, the following Standards of Care are considered by the City Council of the City of La Porte for approval and adoption, for all Recreation Programs and Camp Programs conducted by the Parks & Recreation Department so as to comply with Senate Bill 212 as approved by the Texas Legislature during the 74th legislative session. Senate Bill 212 was passed by the Texas Legislature to counter a move made by the Texas Department of Protective and Regulatory Services to govern city-operated recreational programs, such as day camps and after school programs. Cities from around the state successfully proved that the purpose and composition of city-organized recreation programs are entirely different from those offered by child-care providers; and WHEREAS, these Standards of Care have been created in order to establish a framework for effective programs that provide a safe and fun environment for the City's youth. State licensing requirements and training programs are geared toward early childhood education and preschool aged children. City of La Porte Parks and Recreation Department after school and summer day camp programs are geared towards ages 6 years to 12 years, and for persons with special needs ages 4 years to adult. Without a minimum standard of qualifications, procedures and rules of conduct, a staff may be unprepared and insufficiently trained to properly care for children in city recreational programs. By adopting Standards of Care, the City of La Porte Parks and Recreation Department's Recreation Camp Programs will be self governed and can in turn create training programs that are age appropriate and recreational in nature; and WHEREAS, these Standards of Care allow for an increased emphasis on safety training such as CPR, First Aid, and AED. Employees will be held to a much higher safety standard under the new Standards of Care. The new training guidelines will allow our staff to be oriented in a more appropriate manner that is beneficial to our programs and their stability; and WHEREAS, by adopting this Standards of Care Ordinance, the City of La Porte will be exempt from all state child-care licensing requirements. Section 42.041 (b) (14), Human Resources Code, as amended by Senate Bi11212, reads as follows: An elementary-age (ages 5-13) recreation program operated by municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinances shall include, at a minimum, staffing ratios, minimum staff qualifications, minimum facility, health and safety standards, and mechanisms for monitoring and enforcing Page 1 of 12 the adopted local standards; and further provided that parents be informed that the program is not licensed by the state and the program may not be advertised as a child-care facility; and WHEREAS, these Standards of Care are intended to be minimum standards by which the City of La Porte Parks and Recreation Department will operate the City's Recreation Programs and Camp Programs. The programs operated by the City are recreational in nature and are not day care programs. The purpose of these Standards is to reduce possible municipal liability and to protect the health, safety, and well being of our children through a well-rounded recreational environment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 50 "Parks and Recreation", Article I "In General", ofthe Code of Ordinances of the City of La Porte, Texas is hereby amended by adding new Section 50-5 "STANDARDS OF CARE FOR CITY OF LA PORTE PARKS & RECREATION DEPARTMENT RECREATIONAL PROGRAMS AND CAMP PROGRAMS AT CITY FACILITIES", which said section shall read as follows: "Sec. 50-5. STANDARDS OF CARE FOR CITY OF LA PORTE PARKS & RECREATION DEPARTMENT RECREATIONAL PROGRAMS AND CAMP PROGRAMS AT CITY FACILITIES (a) The following words or terms when used in this section shall have the following meanings, unless the context clearly indicates otherwise: 1) City - City of La Porte, Texas 2) City Council- City Council ofthe City of La Porte, Texas 3) Department - Parks and Recreation Department of the City of La Porte 4) Recreation Camp Program(s) - City of La Porte Youth Recreational Programs and Camp Programs consisting of the Recreation Center Camps, S.P.O.R.T. Summer Camps and after school programs, Mother's Day Out, and/or any joint school alternative programs which last one week (5 days) or longer. 5) Program Manual - Notebook of policies, procedures, required forms, and organizational and programming information relevant to City of La Porte Youth Recreational Programs and Camp Programs. 6) Director - City of La Porte Parks and Recreation Department Director or his/her designee. 7) Program Coordinator or Coordinator - City of La Porte Parks and Recreation Department full-time Coordinator or Recreation Therapist who has been assigned administrative responsibility for a City of La Porte Recreation Youth Program or Camp Program. 8) Program Site Supervisor or Site Supervisor - City of La Porte Parks and Recreation Department full-time employee who has been assigned responsibility to Page 2 of 12 implement the City's Youth Recreational Programs or Camp Programs at the individual sites. 9) Program Leader or Leader - City of La Porte Parks and Recreation Department full- time employee, part-time employee, or summer seasonal, contract instructor, or volunteer who has been assigned responsibility to implement the City's Youth Recreational Programs or Camp Programs. 10) Program Site - Area and facilities where City of La Porte Youth Recreational Programs and Camp Programs are held including but not limited to: Evelyn Kennedy Civic Center, Brookglen Civic Center, Charles Walker Center, and Special Programs Center, La Porte Recreation & Fitness Center, Lomax Park Riding Arena, and Sylvan Beach Fishing Pier. 11) Participant - A youth whose parent(s) have completed all required registration procedures and determined to be eligible for a City of La Porte Youth Recreational Program or Camp Program. 12) Parent(s) - This term will be used to represent one or both parent(s) or adults who have legal custody and authority to enroll their child(ren)/teen(s) in City of La Porte Youth Recreational Programs or Camp Programs. 13) Program Staff or Employee(s) - Term used to describe people who have been hired to work for the City of La Porte and have been assigned responsibility for managing, administering, and implementing some portion of the City of La Porte Youth Recreational Programs or Camp Programs. 14) Special Needs Participant - Term used to describe participants in a City of La Porte Youth Recreational Program or Camp Program requiring special assistance due to a physical or mental impairment. (b) The City of La Porte Youth Recreational Programs and Camp Programs will be organized as follows: 1) The governing body of the City of La Porte Youth Recreational Programs and Camp Programs is the City of La Porte City Council. 2) Implementation of the Youth Programs Standards of Care is the responsibility of the Parks and Recreation Department Director and Department employees. 3) Youth ("Program") to which these Standards of Care will apply are the Recreation Center Programs, s.p.a.R.T. Summer Camps, and other non-school day programs that last one week (five days) or longer. 4) Each Youth Program Site will have a current copy of the Standards of Care available for public and for staff review for the duration of the program or camp. 5) Parents of Participants will be provided a current copy of the Standards of Care prior to the start of the Youth program or camp, preferably during the registration process. 6) Criminal background checks will be conducted on prospective Program Staff. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: (i) A felony or a misdemeanor classified as an offense against a person or family, Page 3 of 12 (ii) A felony or misdemeanor classified as public indecency, (iii) A felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance, (iv) Any offense involving moral turpitude, or (v) Any offense that would potentially put the City of La Porte at risk. (c) The inspection, monitoring, and enforcement of the City of La Porte Youth Recreational Programs and Camp Programs will be conducted as follows: 1) The Site Supervisor of each Youth Program will perform a weekly inspection of the facility to maintain compliance with the Standards of Care. (i) Program employees will check for sanitation and safety concerns that might affect the health and safety of the participants. (ii) Buildings, grounds and equipment on the Program Site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. (iii) Program Site equipment and supplies will be safe for the participant's use in compliance with City of La Porte Standards (iv) Inspection reports will be sent to the Coordinator for review and kept on record for at least two years. (v) The Coordinator will review the report and establish deadlines and criteria for compliance with the Standards of Care. 2) The Coordinator will make visual inspection of the Program site based on the following schedule: (i) Each Youth Program or Camp Program site will be inspected bimonthly. (ii) The Youth Program or Camp Program will be inspected twice during the summer season. (d) The Emollment of the City of La Porte Youth Recreational Programs and Camp Programs will be conducted as follows: 1) Before a child can be emolled, a parent must sign registration forms that contain the child's: (i) name, address, home telephone number; (ii) name and address of parents and telephone number during Program hours; (iii) the names and telephone numbers of people to whom the child can be released; (iv) a statement of the child's special problems or needs; (v) emergency medical authorization (vi) proof of residency when appropriate (vii) a liability waiver, and (viii) should a custody issue arise, the legal parent/guardian must provide a copy of the court order restricting parental contact. Page 4 of 12 2) Program Staffwill report suspected child abuse to local authorities in accordance with the Texas Family Code. ( e) The Program Coordinator ("CoordinatorlRecreation Therapist") Qualifications of the City of La Porte Youth Recreational Programs and Camp Programs will meet the following minimum standard: 1) Coordinator will be full-time, professional employee of the City of La Porte Parks and Recreation Department and will be required to have all Program Leader qualifications as described in this document. 2) Coordinator must be at least 21 years old. 3) Coordinator must have any of the following combination of experience: (i) Equivalent to a bachelor's degree from an accredited college or university with a major coursework in Recreation Administration, General Recreation, Physical Education, Sports Managements, or any other comparable degree plan that would lend itself to working in a public recreation environment. (ii) Eight years of responsible service programming and implementing recreational activities. 4) Coordinator must pass a background investigation including testing for illegal substances. 5) Coordinator must have successfully completed a course in first aid and Cardio Pulmonary Resuscitation (CPR) based on either American Heart Association or American Red Cross standards. (f) The Program Coordinator Responsibilities for the City of La Porte Youth Recreational Programs and Camp Programs will be as follows: 1) Coordinators are responsible for administering the Program's daily operations in compliance with the adopted Standards of Care. 2) Coordinators are responsible for hiring, supervising and evaluating all Site Supervisors and Program Leaders. 3) Coordinators are responsible for planning, implementing and evaluating programs. (g) The Site Supervisor and Program Leader ("Leader") Qualifications of the City of La Porte Youth Recreational Programs and Camp Programs will meet the following minimum standard: 1) Site Supervisors and Leaders will be full time employees of the Parks and Recreation Department; Program Leaders will be full time or seasonal or part-time employees of the Parks and Recreation Department. 2) Site Supervisors and Leaders working with Participants must be age 18 or older and possess a high school diploma, or the equivalent. Program leaders working with participants must be age 16 or older. Each Program Site will have at least one staff 18 years or older present at all times. 3) Site Supervisors and Leaders should be able to consistently exhibit competency, good judgment and self-control when working with Participants. Page 5 of 12 4) Site Supervisors and Leaders must relate to Participants with courtesy, respect, tolerance and patience. 5) Site Supervisors and Leaders must have successfully completed a course in first aid and CPR from a National Certifying body. An exception can be made for no more than one staff person at each site, and that person shall successfully complete a first aid and CPR course within four weeks of starting work. 6) Site Supervisors and Leader Site Supervisor and Leader applicants must be able to furnish proof of a clear tuberculosis test within the 12 months prior to their employment date. Site Supervisors and Leaders must take a tuberculosis test every year and provide proof of a clear tuberculosis test. (h) The Site Supervisor and Program Leader Responsibilities for the City of La Porte Youth Recreational Programs and Camp Programs will be as follows: 1) Site Supervisors and Leaders will be responsible for providing Participants with an environment in which they can feel safe, enjoy wholesome recreation activities and participate in appropriate social opportunities with their peers. 2) Leaders will be responsible to know and adhere to all City, Departmental, and Youth Program standards, policies and procedures that apply to the City of La Porte Programs. 3) Leaders must ensure that Participants are released only to a parent or an adult designated by the parent. If a parent wishes that their child sign himself in or out, the parent must sign a release giving said authorization. All Program Sites will have a copy of the Department guidelines to verify the identity of a person authorized to pick up a participant if the Site Supervisor or Leader does not know that person. (i) Training and Orientation for the City of La Porte Youth Recreational Programs and Camp Programs will be conducted as follows: 1) The Department is responsible for providing training and orientation to Program employees in working with children and for specific job responsibilities. The Coordinator will provide each Site Supervisor and Leader with a Program Manual specific to each Youth Program. 2) Program employees must be familiar with the Standards of Care for Youth Programs as adopted by the City Council. 3) Program employees must be familiar with the Youth Program's policies including discipline, guidance, and release of participants as outlined in the Program Manual. 4) Program employees will be trained in appropriate procedures to handle emergencies. 5) Program employees will be trained in areas including City, Departmental and Youth Program policies and procedures, provision of recreation activities, safety issues, and program organization. 6) Program employees will be required to sign an acknowledgment that they received the required training. Page 6 of 12 (j) Staff-Participant Ratio for the City of La Porte Youth Recreational Programs and Camp Programs will be as follows: 1) In a City of La Porte Youth Program, the standard ratio of participants to staff will be 25 to 1, based on average daily attendance. In S.P.O.R.T. summer camp program, participant to staff ratio will vary for 1 to 1 to 5 to 1, based on the registration of each special needs summer camp session. In the event a Leader is unable to report to the Program Site, a replacement will be assigned. 2) Each Participant will have a Program employee who is responsible for him or her and who is aware of details of the participant's habits, interests and any special problems as identified by the participant's parents during the registration process. 3) Unless the Program or Camp is designated as a "Special Needs" program or camp, participants with special needs requiring personal assistance, i.e., feeding, changing of clothes, using the restroom, must provide an attendant for the duration of the program. Staff will not provide personal assistance. The attendant must be an adult of legal age and will be admitted to the program free of charge. (k) Discipline for the City of La Porte Youth Recreational Programs and Camp Programs will be conducted as follows: 1) Program employees will implement discipline and guidance in a consistent manner based on the best interests of the Program participants. 2) There will be no cruel treatment or harsh punishment. 3) Program employees will use brief, supervised, separation (time out) from the group if necessary . 4) As necessary, Program employees will initiate discipline reports to the parent(s) of participants. Parents will be asked to sign discipline reports to indicate they have been advised about specific problems or incidents. 5) A sufficient number and/or severe nature of discipline reports, as detailed in the Program Manual, may result in a participant being suspended from the Youth Recreational Program or Camp Program. 6) In instances where there is a danger to participants or staff, offending participants will be removed from the Program site as soon as possible under the direction of the Coordinator . (1) Programming for the City of La Porte Youth Recreational Programs and Camp Programs will be conducted as follows: 1) Program employees will attempt to provide activities for each group according to their ages, interests and abilities. The activities will be appropriate to participant's health, safety and well being. The activities also will be flexible and promote the participant's emotional, social and mental growth. 2) Program employees will attempt to provide indoor and outdoor time periods to include: Page 7 of 12 (i) Alternating active and passive activities, (ii) Opportunity for individual, small and large group activities, and (iii) Outdoor time each day as weather, ozone, and heat index (115 or lower) permits. 3) Program employees will be attentive and considerate of the participant's safety on field trips and during any transportation provided by the Youth Program. (i) During field trips, Program employees must have immediate access to emergency medical forms and emergency contact information for each participant. (ii) Program employees must have a written list of the participants in the group and must check the roll frequently, specifically before departure to and from destination. (iii) Program employees will have first aid supplies and a guide to first aid and emergency care available on field trips. (m) Communication for the City of La Porte Youth Recreational Programs and Camp Programs will be accomplished as follows: I) Each Program Site will have either a pager, telephone, or two-way radio to allow the Site to be contacted by Parks and Recreation Personnel, and each site will have access to a telephone for use in contacting the Civic Center or making emergency calls. 2) At each Program Site the Coordinator will post the following telephone numbers adjacent to a telephone accessible to all Program Staff: (i) City of La Porte Ambulance and Emergency Medical Services; (ii) City of La Porte Police Department; (iii) City of La Porte Fire Department; (iv) Harris County Poison Control; (v) City of La Porte Parks and Recreation Administrative Office; (vi) Numbers at which parents may be reached; (vii) Telephone numbers and address for the Program Site itself; and (viii) Telephone number of Coordinator's office (n) Transportation for the City of La Porte Youth Recreational Programs and Camp Programs will be accomplished as follows: I) Before a Participant may be transported to and from City sponsored activities, a transportation form, completed by the parent of the participant, must be filed with the Coordinator. 2) First aid supplies and a first aid and emergency care guide will be available in all Youth Program vehicles that transport participants. 3) Seatbelts will be worn if provided. 4) Participants will be oriented to expected behavior and safety rules. Page 8 of 12 (0) Media Relations for the City of La Porte Youth Recreational Programs and Camp Programs will be conducted as follows: 1) No media will be allowed into any program site without express permission from the Coordinator. 2) Any photos, video, or interviews of participants and staff will be only after obtaining written consent from both the parenti guardian and the Coordinator. 3) Site Supervisor and/or Leaders do not have the authority to give media permission or clearance at any site. (p) Facility Safety for the City of La Porte Youth Recreational Programs and Camp Programs will be accomplished as follows: 1) Program employees will inspect Program Sites weekly, prior to the children arriving, checking for sanitation and safety concerns that might affect the health and safety of the participants. A weekly inspection report will be completed by the Program staff and kept on file by the Coordinator. 2) Buildings, grounds and equipment on the Program Site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. 3) Program Site equipment and supplies will be safe for the participant's use in compliance with City of La Porte Standards. 4) Program employees will have first aid supplies available at each Program Site in a designated location, during transportation, and for the duration of any off-Site activity. 5) Program Site air conditioners, electric fans and heaters will be mounted out of participant's reach, or have safeguards that keep participants from being injured. 6) Program Site porches and platforms (except for stages) more than 30 inches above the ground will be equipped with railings. (q) Facility Fire Protection for the City of La Porte Youth Recreational Programs and Camp Programs will be accomplished as follows: 1) In case of fire, danger of fire, explosion or other emergency, Program employee's first priority is to evacuate the participants to a pre-designated safe area. 2) The Program Site will have an annual fire inspection by the local Fire Marshall, and the resulting report will detail any safety concerns observed. The report will be forwarded to the Director who will review it and establish the deadline and criteria for compliance. 3) Each Program Site will have at least one fire extinguisher approved by the Fire Marshall readily available to all Program employees. The Coordinator will inspect the fire extinguisher monthly, and a monthly report will be forwarded to the Director who will keep the report on file for a minimum of two years. All Program Staff will be trained in the proper use of fire extinguisher. 4) Fire drills will be initiated at Program Sites based on the following schedule: Page 9 of 12 (i) After School Youth Program - Once every three months (Program employees will confer with school staff to ensure that city and school procedures do not conflict). (ii) Holiday Camps - Once during the session. (iii) Summer Camp - Twice during the summer season. (r) Facility Health Protection, Medication, Sanitation, and Special Needs for the City of La Porte Youth Recreational Programs and Camp Programs will be accomplished as follows: 1) Illness or Injury (i) A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the Youth Program. (ii) Illnesses and injuries will be handled in a manner to protect the health of all participants and employees. (iii) Program employees will follow emergency procedures for injured participants or for Participants with symptoms of an acute illness as specified in the Program Manual. (iv) Program staff will follow the recommendations of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. 2) Program employees will store medication subject to the following conditions: (i) Parent(s) complete and sign a medication release that provides authorization for Program staff to dispense medication with details as to times and dosages. The release will include a hold harmless clause to protect the City. (ii) Prescription medications are in the original containers labeled with the Participant's name, a date, directions and the physician's name. (iii) Program employees will provide the medication only as stated on the label. Program employees will provide medication for consumption by participants. Program employees will not administer any medication. Medication past expiration will not be accepted. (iv) Non-prescription or "over the counter" medications will not be allowed in any Youth program. (v) Medications dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of the Program employees. No injections will be administered by the Program employees. (vi) Program employees will ensure medications are inaccessible to participants or, if it is necessary to keep medications in the refrigerator (when available), medications will be kept separate from food. 3) Toilet Facilities (i) The Program Site will have toilets located and equipped so participants can use them independently and Program Staff can supervise as needed. Page 10 of 12 (ii) An adequate number of lavatories will be provided. 4) Sanitation (i) The indoor Program Sites must have adequate light, ventilation, and heat/air conditioning. (ii) The Program Site will have an adequate supply of water meeting the Texas Department of Health standards for drinking water. Water will be supplied to the Participants in a safe and sanitary manner. (iii) Program employees will remove garbage from Program Sites daily. 5) Special Needs (i) Every reasonable accommodation will be made to address special needs participants. (ii) For health and safety reasons and, except for specific special needs recreational programs or camp programs; special needs participants must provide a personal attendant for assistance in feeding, changing of clothes, and using the restroom. Staff will not provide personal assistance. The attendant must be an adult of legal age." Section 2. Chapter 50 "Parks and Recreation", Article I "In General", of the Code of Ordinances of the City of La Porte, Texas is hereby amended by amending Sections 50-5--50-9 "Reserved", which said section shall read as follows: "Sees. 50-6--50-9. Reserved." Section 3. Open Meetings. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. Severability. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 5. Effective Date. This Ordinance shall be effective thirty (30) days after its passage and approval. Page 11 of 12 PASSED, APPROVED AND ADOPTED by the City of La Porte, Texas, City Council on this the 19TH day of Mav 2008. ~ ~~~ Alton E. Porter, Mayor ATTEST: vfhj}jjjVv I1AjJ/ Martha Gillett, City Secretary APPROVED AS TO FORM: t/I~ r ~ Clark T. Askins, Assistant City Attorney Page 12 of 12