HomeMy WebLinkAbout24-1658ORDINANCE NO. 24- 1658
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A RENEWAL AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
DENTON AND THE DENTON BLACK FILM FESTIVAL INSTITUTE, INC., FOR THE
PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE QUAKERTOWN
PARK DOCUSERIES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, TEX. TAX CODE §351.101(a) authorizes the CITY to use revenue from its
municipal hotel occupancy tax to promote tourism and the convention and hotel industry by
advertising and conducting solicitations and promotional programs to attract tourists and convention
delegates or registrants to the municipality or its vicinity; and
WHEREAS, TEX. TAX CODE §351.101 (c) authorizes the CITY to contract with independent
entities, for programs and activities of the type funded with revenue from the municipal hotel
occupancy tax; and
WHEREAS, the City Of Denton And The Denton Black Film Festival Institute, Inc.,
entered an agreement executed on May 2, 2023 and expiring on May 31, 2024 (Agreement), for
the payment and use of hotel tax revenue in support of the Quakertown Park Docuseries; and
WHEREAS, the City Of Denton And The Denton Black Film Festival Institute, Inc.
desire to renew and amend the Agreement to revise the term to commence on June 1, 2023 and
expire on January 31, 2025 with the program period provided for in the Agreement now ending
December 3 1, 2024; and
WHEREAS, renewing and amending the Agreement to extend the time for completion of
the project is in the public interest; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. The above recitals are fully adopted and incorporated herein for all
purposes.
SECTION2. The City Manager, or designee, is hereby authorized to execute a renewal
amendment to the Agreement between the City of Denton and the Denton Black Film Festival
Institute, 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 3. This Ordinance shall become effective immediately upon its passage and
approval.
rE rT:TLba'"o“e t;.is ordinance was made b' rG' FI“a'fd\~
The ordinance was passed and approved by the following vote p– g–] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
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PASSED AND APPROVED this the i 7 "d,y,f Scp+,„.h,
1(bbyb JIME IL 1L1 1;i1:11:m 1C) 1B:11L
, 2024.
ATTEST:
LAUREN THODEN, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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Page 2 of 2
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RENEWAL AMENDMENT TO THE AGREEMENT BETWEEN CITY OF DENTON, TEXAS AND DENTON BLACK FILM FESTIVAL INSTITUTE, INC. (PY2023) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE
This Renewal Amendment (this Amendment) to the Agreement Between City f Denton, Texas, and Denton Black Film Festival Institute, Inc. (Py2023) Providing for Payment and Use of Hotel Tax Revenue executed on May 2, 2023 (the Agreement) is entered into between the City of Denton, Texas (City) and Denton Black Film Festival Institute, Inc. (Institute).
Background
The City and Institute previously entered into the Agreement. All funds have been dispersed by the City, but the Parties agree the extension desired by the Institute to complete the project described in the Agreement is in the best interest of the Parties. Initially capitalized terms used but not otherwise defined in this Amendment will have the meanings set forth in the Agreement. The parties desire to amend the Agreement as follows:
1. Effective Date
The terms of this Amendment are effective as of the latest date in the signature block below.
2. Contract Term
Section (4.1) of Exhibit A will be deleted and replaced in their entirety with the following:
“The Term of this Agreement shall commence on June 1, 2023, and terminate at midnight on January 31, 2025. However, the program period shall commence on June 1, 2023, and terminate at midnight on December 31, 2024. Only those expenditures authorized by Chapter 351 of the Texas Tax Code and the program guidelines, and which are actually incurred during the program period for events and activities taking place within the program period are eligible for funding under this Agreement, and any ineligible expenditures or unspent funds shall be forfeited to CITY upon termination or expiration of this Agreement.”
3. New Agreement
This Amendment constitutes a new agreement beginning on the Effective Date between the parties incorporating, except as amended herein, all the terms and conditions in the Agreement for all intents and purposes
Confirmation of Agreement
This Amendment (together with the Agreement attached hereto) constitutes the entire
agreement between the parties regarding the matters of this Amendment and supersedes all
prior and contemporaneous agreements and understandings regarding the matters of this
Amendment. In the event of a conflict between this Amendment and the Agreement as it
relates to the matters of this Amendment, the terms of this Amendment will control.
Otherwise, except as expressly amended herein, all terms and conditions of the Agreement
remain in full force and effect and likewise apply to this Amendment.
Docusign Envelope ID: 5E01726F-025F-4A9A-BF66-5223B4B489A5
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Authorized Signatures:
“CITY”
CITY OF DENTON, TEXAS
“INSTITUTE”
DENTON BLACK FILM FESTIVAL
INSTITUTE, INC.
By: By:
Name: Name:
Title: Title:
Date: Date:
THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms.
Jessica Williams
SIGNATURE PRINTED NAME
Chief Financial Officer TITLE
Finance DEPARTMENT
ATTEST:
LAUREN THODEN, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
Docusign Envelope ID: 5E01726F-025F-4A9A-BF66-5223B4B489A5
Executive Director DBFFI
10/15/2024
Harry EaddySara Hensley
10/15/2024
City Manager