HomeMy WebLinkAbout2001-450S\OurD umenuWNlnan WlUB ONInflutE
ORDINANCE NO OWN_
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND
PUBLISHERS ("ASCAP") TO PROVIDE A LICENSE TO PERFORM PUBLICLY ON
PREMISES, EVENTS AND FUNCTIONS NON -DRAMATIC RENDITIONS OF SEPARATE
MUSICAL COMPOSITIONS IN THE ASCAP REPERTORY, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the American Society of Composers, Authors and Publishers ("ASCAP")
hold the licensing rights for numerous musical compositions and the artists who created those
compositions, and
WHEREAS, the City of Denton plays music on Channel 26, the Denton Government
Access Television Channel, and holds and participates in a number of special events where
music is played, and
WHEREAS, the International Municipal Lawyers Association has recently negotiated a
new Model License Agreement for Local Governments with ASCAP, and
WHEREAS, the City Council deems it in the public interest to enter into this Model
License Agreement, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the City Manager is hereby authorized to execute and enter into a
License Agreement (Local Governmental Entities with ASCAP) in substantially the form of the
attached License Agreement
SECTION 2 That the City Manager is authorized to make the expenditures and take the
other actions necessary and required under the terms and conditions of the License Agreement
SECTION 3 That this ordinance shall become effective immediately upon its passage
and approval /
PASSED AND APPROVED this the day of�P%1l l9�il� 2001
EULINE BROCK, MAYOR
50., ON.d.
ATTEST
JENNIFER WALTERS, CITY SECRETARY
!A.
r
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY Zl�"/ --
Page 2
OCT. -29' 02(TUE) 10:44 ASCAP TEL:110805341n . P. 002
J&FA rV i O 4r V
LICENSE AGREEMENT
LOCAL GOVERNMENTAL ENTITII
ACREEMEN I between the American Society of Composers, Authors and Publishers ("ASCAP") located nt 2690 Cumberland Park
Suite 490. At nta. GA 30339 and City of Denton, Texae ("LICENSEE"), located at215 East: McKinney: Den
Texas 762 1
I. Girmir i t and Term of license
(a) AS P grants and LICENSEE accepts a license to perform publicly on the "Premises" and at "Events" and "Functions," ar
not elsewhere r otherwise, non -dramatic renditions of the separate musical compositions in the "ASCAP repertory." The
performances icensed under this Agreement may be by means of"Live Entertainment" or "Mechanical Music". For purposes of thi
Agreement,.
(i) "LICENSEE" shall include the named entity and any of its constituent bodies, departments, agencies or leagues.
(ii) "Mechanical Music' moms music which is performed at the Premises by means other than by live musicians who
are rforming at the Premises. including, but not limited to (A) compact disc, audio record or audio tape players (but not
incit i ling jukeboxes"), (B) videotape, videodisc or DVD players; (C) the reception and communication at the premises of
radi or television transmissions which originate outside the Premises; and which are not exempt under the Copyright Law;
Or (r I a music -on -hold telephone system operated by LICENSEE at the Premises.
(iii) "Live Entertainment " means music that is performed at the Premises by musicians, singers or other performers.
(iv) "Premises" means buildings, hospitals, airports, zoos• museums, athletic facilities• and recreational facilities.
incli I ing, but not limited to, community centers, parks, swimming pools, and skating rinks owned or operated by LICENSE
and site which has been engaged by LICENSEE for use by LICENSEE.
(v) "ASCAP repertory" means all copyrighted musical compositions written or published by ASCAP members or
'men I ers of affiliated foreign performing rights societies, including compositions written or published daring the term of thi
Agr, meat and of which ASCAP has the tight to license non -dramatic public performances_
(vi) "Events' and "Functions" means any activity conducted, sponsored, or presented by or under the auspices of
LIG SISEE. Except asset forth in paragraph 2.(d) below, "Events" and "Functions' shall include, but are not limited to.
aem es and exercise classes, athletic events, dances and other social events, tomtits, festivals, arts and crafts fairs, and
pare s held under the auspices of or sponsored or promoted by LICENSEE on the Promises.
(vii) "Special Evente" ratans musical events, concerts, shows, pageants, sporting events, festivals, competitions, and
othe vents of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds
S25, 0 (as defined in paragraph 4.(d) below).
(b) This greement shall be for an initial term of one year, commencing November 15 , 2001_ Which shall be considered the
effective date i if this Agreement, and continuing thereafter for additional terms of one year each. Either party may give notice of
termination tc the other no later than thirty (30) days prior to the cud of the initial or any renewal term. If such notice is given, the
agreement shi, 1 terminate on the last day of The term in which notice is given.
2. Lim I ations On License
(a) This 'conse is not assignable or transferable by operation of law or otherwise. This license does not authorize LICENSEE o
grant to other any right to perform publicly in any manner any of the musical compositions licensed under this agreement, nor does i
authorize any ublic performances at any of the Premises in any manner except as expressly herein provided.
(b) This icense does not authorize (i) the broadcasting, telecasting or transmission or retransmission by wire. Internet, websitc t
otherwise. of ndidons of musical compositions in ASCAP's repertory to persons outside of the Premises, other than by means of a
music-on-hol telephone system operated by LICENSEE at the Premises; and (ii) performances by means of background music (suck
as tblurak) or ther services delivered to the Premises. Nothing in this paragraph shall be deemed to limit LICENSEE's right to
transmit rendi ions of musical compositions in the ASCAP repertory to those who attend Events or Functions on the Premises by
means of tele mriferencing, videoconfer-mcing or similar technology.
(c) This I icense is limited to non -dramatic performances, and does not authorize any dramatic performances. For purposes of th
agreement, a Iramatic performance shall include, but not be limited to, the following:
0) performance of a "dranuttico-musical work" (as hercinutter defined) in its entirety:
(ii) performance of one or more musictl compositions fmm a •'dramonco-musical work (as hereinafter defined)
acco parried by dialogue, pantomime, dance, stage cction. at visual representation of the work from which the music :s
take
Wil performance of one or more musical compositions as part of it story or plot. whether accompanied or
unae ompanied by dialogue. pantomime, dance, stage action, or visual repr"emation;
6vt 11 performance of a concert +•ersiom i)fa "dmmatico-musocai work" : ns hereinafter defined).
The term •'dr# arico-musical work" as used in this Agreement. Shall :nciuue, but not be limited to. a musical comedy, opera, play wit
music, revue_ Itir ballet.
(d) This license does not authorize performances
(t) at any convention, exposition trade show, conference congress industrial show or similar activity presented by
LICENSEE or on the Premises unless it is presented or sponsored solely by and under the auspices of LICENSEE, is
presented entirely on LICENSEE'S Premises, and is not open to the general public
(u) by or at colleges and universities
(tit) at any professional sports event or game played on the Premises
(iv) at any permanently situated theme or amusement park owned or operated by LICENSEE
(v) by any symphony or community orchestra
(vi) by means of a Loin operated phonoreLord player (jukebox) for which a license is otherwise available from the
Jukebox License Office
License Fee
(a) In consideration of the license granted herein, LICENSEE agrees to ply ASCAP i license fee which includes the total of
the Base License Fee and any applicable Special Events License Fees all of which shall be calculated in accordance with the Rate
Schedule attached to and made part of this Agreement For purposes of this Agreement,
(1) Base License Fee means the annual fee due in accordance with Schedule A of the Rate Schedule and based on
LICENSEE s population as established in the most recent published U S Census data It does not include any fees due for
Special Events
(it) Special Events License Fees' mean the amount due in accordance with Schedule B of the Rate Schedule when
Special Events are presented by or on behalf of LICENSEE It does not include any Base License Fees due
(ill) LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal
and/or county attorneys shall be required to pay only the fee under Schedule C of the Rate Schedule Such leagues or
associations are not subject to Schedule A or Schedule B of the Rate Schedule Fees paid by such leagues or associations
do not cover performances of the municipality county or other local government entity represented by the league or
association Schedule C fees are not applicable to municipal county or other local government entities
(b) Unless otherwise limited by law LICENSEE shall pay a finance charge of 1 5% per month from the due date, or the
maximum amount permitted by law whichever is less, on any required payment that it is not made within thirty days of its due date
Reports and Payments
(a) Upon the execution of this Agreement LICENSEE shall submit
(t) a report stating LICENSEE's population based on the most recent published U S Census data The population set
forth in the report shall be used to calculate the Base License Fee under this Agreement and
(it) a report containing the information set forth in paragraph 4 (c) below for all Special Events that were presented
between the effective date of this Agreement and the execution of this Agreement
(b) The Base License Fee for the first year of this Agreement and any license fees due for Special Events that were presented
between the effective date of this Agreement and the execution of this Agreement shall be payable upon the execution of this
Agreement
(c) Base License Fees for subsequent years shall be due and payable within 30 days of the renewal date of this Agreement and
shall be accompanied by a statement confirming whether any Special Events were presented during the previous calendar year
(d) Ninety days after the conclusion of each Special Event LICENSEE shall submit to ASCAP payment for such Special
Event and a report in printed or computer readable form stating
(t) the date presented
(it) the name of the attraction(b) appearing
(tit) the 'Gross Revenue of the event 'Gross Revenue means ill monies received by LICENSEE or on LICENSEE S
behalf from the sale of tickets for each Special Event If there are no monies from the sale of tickets "Gross Revenue' shall
mean contributions from sponsors or other payments received by LICENSEE for each Special Event
(rv) the license fee due for each Special Event
(e) if LICENSEE presents sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or
entity licensed under an ASC AP License Agreement, LICENSEE shall indicate the name address phone number and ASCAP account
number of the other personls) or entity(ies) and the party responsible for payment for such Special Event If the other party is not
licensed by ASCAP LICENSEE shall pay the license fee due hereunder notwithstanding any agreement to the contrary between
LICENSEE and the other party
(f) LICENSEE agrees to furnish to AST` AP where available copies of ill programs of musical works performed which are
prepared for distribution to the audience or for the use of information of Llt_ENSFC or am department thereof The programs shall
nclude all cncures to the extent possible LICENSEE shall be under no obhganon m turmbh programs when they have not been
otherwise prepared
(g) ASC AP shall have the right to examine LICENSEE S books and records it LICENSEE s place of business during normal
business hours to Such extent as may be necessary to venfv the reports required by p u ignph a (b) above ASC All shall have the right
to adjust LICENSEE- , Base L sense Fee b tied upon the most ecenth % til able iewsed population figures and Population Estimates
Prn!,ram pro%ided bs the U 4 ( ensus Department
OCT. -29' 02ME) 10:45 ASCAP TEL:770805341P P. 004
S. Breach or Default
Upon anyeach or default by LICENSEE of any term or condition herein contained, ASCAP may terminate this license by givir
LICENSE thirty days notice to cure such breach or default, and in the event that such breach or default has not been cured withi
said thirty ys, this license shall terminate on the expiration of such thirty -day period without further notice from ASCAP. In thi
event of s h termination, ASCAP shall refund an a pro -rate basis to LICENSEE any unearned license fees paid in advance.
6_ ))jtterference in Operations
ASCAP sh' I have the right to terminate this license upon thirty days written notice if there is any major interference with, or
substantial crease in the cost of, ASCAP's operations as the result of any law in the state, territory, dependency, possession or
political su division in which LICENSEE is located which is applicable to the licensing of performing rights. In the event ofsucl
rerminatic4l ASCAP shall refund to LICENSEE on a pro -rats basis any unearned license fees paid in advance.
7.
LICENSEE ecognizes that ASCAP must license all similarly situated users on a non-discriminatory basis. LICENSEE agrees
that any m dificarions to this Agreement by ASCAP, which are required by local, state or federal law for other
municipals es, counties and other governmental entities shall not constitute discrimination between similarly situated users
Examples c 7 such modifications are statements of equal employment opportunity or nondiscrimination on the basis of ract
creed, colc r. sex or national origin.
8.
ASCAP or 110ENSEE may give any notice required by this Agreement by sending it by ccrtfied United Stave Mail, by generally
recognized ame-day, or overnight delivery service or by electronic transmission (i.e., Mailgram, facsimile or similar tmounission)
rho appropi i ate person/office as listed herein. Each party agrees to notify the other of any change in contact information, such as
change of dress, change of person/office responsible, etc. within 30 days of such change.
IN WrrNE SS WHEREOF, this Agreement has been duly executed by ASCAP and LICENSEE, this day of
20 .
AMERICA CC
MTY OF CO RS, LICENSEE
AUT AJ L SH
By. By, /
c Michael A. Conti
Title: Title: City_ Manager
AN 0 8 2002
All require notices and reports are to be sent to:
Account Sill ices Department Name: Michael A. Conduff
ASCAP Title: City Manager
2690 Cum rland Parkway, Suite 490 Address: City of Denton
Atlanta, GA 30339 215 R, McRinnev St.
800-5054 52(phone) nenter,- TX 762QI
770-805-3 5 (fax)
Email: _ Phone:_ 940/349-8307
Fax:
Email
ATTEST:
JENNT�F)E�R W% �ER CITY SECREE ARY
APPROVED AS TO LEGAL FORM;
Bv�E5 B9.r.T�/�UTEIC
TOR
Lieuisee
2001-2002
ASCAP REPORT FORM
FOR LOCAL GOVERNMENTAL ENTITIES
Report Completed By
Title __ Dab. Completed
Email Address
Telephone No Fax No Web Site Address_
CERTIFICATE I hereby certify that the data reported below is true and correct as of th s day of
Account No
200
SCHEDULE A -BASE LICENSE FEE (Due upon execution of Agreement and within 30 days of the Agreement's renewal date)
REPORT YEAR POPULATION _ BASE LICENSE FEE $
(Per current U S Census Data) (Please refer to Rate Schedule)
SCHEDULE B-'P
CIAL EVEN
b- tKeponanu min
uucoo•e�..»••�••••---••-•_----------------
-
IS A
EVENT
DATE
PERFORMER(S)OR
GROSSREVENUE"
%
PROGRAM OF
IF THE EVENT IS LO SPONSORED
(MM/UDIM
Ifmore than
evemperday
please report as
GROUP(S)
APPEARING
OF EVENT
(MUST EXCEED
$25000)
APPLIED
TO GROSS
REVENUE
EVENT
FEE
MUSICAL
WORKS
ATTACHED
(Yes or No)
Please identify the co sponso name
address phone number and
ASCAP account number
separate entries
Name
X 01
$
Address
Phone No
Account No
Name
X 01
$
Address
Phone No
Account No
Nam,
X 01
$
Address
Phone No
Account No
e,r
* Special Events means musical events concerts shows pageants sporting events resnvau anopcmiom .......-----.._..
by LICENSEE toy which the Gross Revenue of such Special Event exceeds $25 000
" Gross Revenuo means all monies received by 1 ICENSEE or on LICENSEES behalf Irom the sale of tickets for each Special Event I I there are no momes horn
the sale of tickets Gross Revenue shall mean cone rbutions trom sponsors or other payments received by LICENEL tot each Special Event
SCHEDULE C -STATE MUNICIPAL AND/OR COUNTY LEAGUES OR STATE ASSOCIATIONS OF ATTORNEYS
RLPORE YEAR —ANNUAL LICFNSEFLI $25000 (Due mcbm 30 days ofrenewal date)
otal Fees Re orted From Any or All of Schedules A, B or C $
ASCAP 2690 Cumberland Parkway Suite 490 Atlanta GA 30339 3913 800505 4052 770 805 3475 (Fax) Email mumcipal_hcensmg@ascap cam