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ORDINANCE NO. 2015 -338
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AIR FAIR, INC.
FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute an
agreement between the City of Denton and the Denton Air Fair, Inc. for the payment and use of
hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is
attached hereto and made a part hereof.
.SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
11 .SSE1.) I) A[IIIROVED ltiis (lie 7
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
clay oI"__ . 2015.
CAR N x" '1,,.1 'S, MAYOR,
APPROVEI) AS TO IAE(,
ANITA BURGESS, CITY ATTORNEY
AGREEMENT BETWEEN THE CITY
AI FAIR , IN
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NOW, THEREFORE, in consideration of the performance of the mutual covenants and
promises contained herein, CITY and AIR FAIR agree and contract as follows:
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1.2 Amount of Payments.
(a) As used in this Agreement, the following terms shall have the following specific
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(i) The term "hotel tax revenue" shall mean the gross monies collected and
received by CITY as municipal hotel occupancy tax at the rate of seven percent (7%) of
the price paid for a room in a hotel, pursuant to Texas Tax Code §351.002 and City
Ordinance. Hotel tax revenue will include penalty and interest related to the late
payments of the tax revenue by the taxpayer.
(ii) The term "Collection period" will mean the collection period for CITY's
fiscal year. It will include hotel tax revenue due to CITY for the relevant fiscal year ani
collected through the 22nd day of the month following the close of the relevant fiscal year.
(iv) The term "contract quarter" shall refer to any quarter of the calendar year in
which this Agreement is in force. Contract quarters will end on March 31', June 30 1h
September 30d, and December 3 l' of each contract year.
13 Dates of Payments.
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(b) It is expressly understood that this contract in no way obligates the General Fund or any
other monies or credits of CITY.
(c) CITY may withhold fin-ther allocations if CITY determines that AIR FAIRI
expenditures deviate materially from their approved budget.
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5.4 Assignment. AIR FAIR shall not assign this Agreement without first obtaining the written
consent of CITY.
5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or
reAulatiln, sh
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City Manager
City of Denton
P- 15 E. McKinney
Ikenton, TX 76201
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PO Box 2800
Denton, Texas 76202
5.6 Inurement This Agreement and each provision hereof, and each and every right, duty,
obligation, and liabili set forth hereii, i I b'j �ij 411, e to *.e benefit rmd oblia
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5.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject
to all applicable federal laws, state laws, the Charter of CITY of Denton, all ordinances passed
pursuant thereto, and all judicial determinations relative thereto.
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competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
Agreement, and the parties hereby declare they would have enacted such remaining portions despite
any such invalidity.
5.12 Insurance. AIR FAIR shall, at a minimum, provide insurance as follows:
1. $5,000,000 Commercial General Liability, or $5,000,000 Event Insurance, covering all
events taking place on City -owned property,
2. Statutory Workers' Compensation and Employers' Liability ($100,000 1$500,000 1$100,000)
OR an Occupational Accident Insurance program if approved by the City's Risk Manager,
and
3. $500,000 Liquor/Dram Shop Liability for any event occurring on City-owned property
where alcohol will be provided or served.
CITY must be named as an additional insured on all policies (except Workers' Compensation) and
proof of coverage shall be submitted prior to any payment by CITY.
EXECw ".l_i"1 F1. this, 7 day of'_ .� � �� �....... _. "2015.
THE CITY OF DENTON, TEXAS
GI C�1 MI: C ". C AMPIIELT,
CITY MANAGER
A LEGAL FORM. O_
ATTEST: i�I RC1�a' 1 1� �,�:S �C mm.
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'IFE l �.1LS, A:NI fA BURGESS,
I�Y SE ' ElI "A1 Y CITY ATTORNEY
DENTON AIR FAIR, INC.
Denton Air Fair, Inc PY2016 - Page 8
FIVOWN
0 14 1 uwT 9 107, 1 $ V, t4i m
By:.,,____ By:
Secretary
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Budget 2016
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Total $11,290