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1989-108FILE REFERENCE FORM 89-108 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Amendment No. 1 approved b Ordinance No. 94-137 08/02/1994 JR Amendment No. 2 approved b Ordinance No. 95-157 08/15/1995 JR Amendment No. 3 approved b Ordinance No. 96-092 07/24/1996 ) R Superceded by Consolidation Amendment Agreement approved by Ordinance No. 97-298 10/07/1997 JR 1616L NO V AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE PROVIDING FOR A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the attached agreement between the City of Denton an the Denton Chamber of commerce providing for a program to promote economic development is hereby approved SECTION II That the expenditure of funds in accordance with t e greement is hereby authorized SECTION III That the attached agreement shall, in all respects, supercede the agreement between the City and the Chamber authorized by Ordinance 86-216 and executed on the 27th day of October, 1986 SECTION IV That this ordinance shall become effective imme ate y upon its passage and approval PASSED AND APPROVED this the day of Qd' 1989 SY TP NSYOR ATTEST ?PROVED T C AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY PJA ~ dvt,119~ L-agrl 1616L THE STATE OF TEXAS § ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BETWEEN THE CITY OF DENTON COUNTY OF DENTON § AND THE DENTON CHAMBER OF COMMERCE This Agreement is made between the City of Denton, Texas, ("City"), and the Denton Chamber of Commerce ("Chamber") for the purpose of providing for a program to promote economic develop- ment through the joint effort of the parties hereto, who, in consideration of their mutual promises, agree as follows 1 Office of Economic Develo ment Created During the term of this greement t e C am er s a maintain an Office of Economic Development ('Office") managed by Director of Economic Development ("Director"), who shall be hired as a full-time employee of the Chamber to perform the duties of the Office 2 Economic Develo meet Committee Created In order to promote a program or econom c eve opment, t e parties agree that an Economic Development Committee ("Committee") will be established The members of the Committee, who shall represent the diverse interests of the community, shall be appointed by the Chamber's Board of Directors, but shall include one member of the City's Public Utilities Board, two members of the City Council and two employees of the City, as designated by the City Subject to approval of the Committee, the Chamber President shall have the authority to hire the Director of Economic Development The Chamber President shall supervise the daily activities of the Director and may terminate the Director The Committee shall approve the appointment of the person to serve as Director of Economic Development, and shall act in an advisory role to the Director 3 Duties of Office The duties of the office of Economic Development shall include the following a) Preparation, in consultation with the Committee, of a written comprehensive Economic Development Plan ("Plan") to be approved by the Chamber's Board of Directors and City Council b) Performance of an annual review and amendment, as necessary, in consultation with the Committee, of the Plan (To become effective, any amendments to the Plan shall be approved by the Chamber's Board of Directors and the City Council ) c) Maintenance of a liaison with the Texas Industrial Commission and other public and private agencies and organizations that would promote the purpose of the Plan d) Preparation and maintenance of a comprehensive fact book and other publications that would provide information to interested persons as to the City's population, employment base, private and public institutions and facilities, and other significant characteristics and resources of the City e) Initiation and maintenance of contact with, which shall include making presentations to, desirable industrial prospects so as to promote their interest in locating within the area f) Render advice to the City of the progress of the Plan at such times as requested by the City To this end, the Office will provide monthly program reports to the City through the minutes of the Chamber's Board Meetings The Office will also present quarterly reports that include the sources of expenditure of funds, major projects, number of industrial prospects who visited Denton and industries locating in Denton to the Denton City Council, Public Utilities Board and such other groups as the parties may determine 4 Support services and Fundin The Chamber shall provide the of ce space, equ pment an support staff necessary to the operations of the Office of Economic Development The City shall provide funding as approved in the City's budget which shall be adopted on or before the 20th day of September of each year Of the amount appropriated for each year, the City shall pay the Chamber one-half Tthe remaining hereafter, the 1 City ashal following October April s lst and paid on th l provide annual funding in the amount appropriated for that purpose by the City Council Any funds provided by the City pursuant to this Agreement shall be retained in an account separate from the Chamber's general operating fund and shall only be used for the purposes provided for in this Agreement The Office of Economic Development shall keep current and accurate records of all funds received and expended, which shall be subject to inspection by the City at all reasonable times PAGE 2 The Chamber Economic Development office shall provide monthly status reports to the City on the progress of the Economic Development Program, which shall include a description of expenditures of the Office made with funds appropriated by the City Annually, during the budget process, the Chamber shall submit a program budget request to the City Manager The City shall then evaluate the progress of the Chamber Economic Development Program and, at that time, determine whether to continue appropriations to support the office the following fiscal year 5 Status of Office The Office of Economic Development created un er t s greement shall be under the direct super- vision and control of the Chamber and all personnel of the Office shall be considered employees or agents of the Chamber The Chamber shall be responsible for the payment of all benefits or liabilities of such employees or agents, including the withholding or payment of personal income or social security taxes, as provided by applicable law, and the payment of worker's compensation premiums The Chamber shall maintain policies of insurance in the minimum amounts required by law to protect against liability arising from the operation of any vehicles used by employees of the Office and the Chamber agrees to defend against, and indemnify and hold the City harmless from any claim arising from any negligent act of such employees 6 Term Termination Initial Pa ent This Agreement or a term o one year from the execution shall be effective hereof, and shall be automatically renewable for successive period of one year without the necessity of any action on the part of the parties hereto, unless during any successive term, the City shall, after the initial funding provided for herein, fail to appropriate funding for any successive year, in which case this Agreement shall terminate In any case, however, either party may terminate this Ageement a noticigiving in written notice to the other thirty (30) days which case any unexpended funds provided by the City shall be returned to the City City shall transfer the remaining funds allocated in the budget for Economic Development in fiscal year 1988-89 to the Chamber Such funds shall be used only in accordance with Section 3 hereof Executed this ~daY of 1989 W , R CITY DENTON, TEXAS PAGE 3 ATTEST 1 ENTL/E/RS, CITY RE Y TY OF TON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY DENTON CHAMBER OF COMMERCE BY RY L, PRESIDENT ATTEST SECRETARY PAGE 4