2012-358ORDINANCE NO. 2012-358
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A"MEMORANDUM
OF UNDERSTANDING — REVERSE LITTER CAMPAIGN" BY AND BETWEEN THE
TARRANT REGIONAL WATER DISTRICT AND THE CITY OF DENTON, TEXAS TO
DEVELOP A REVERSE LITTER CAMPAIGN; AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE SAID MEMORANDUM OF UNDERSTANDING ON
BEHALF OF THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the "Memorandum of Understanding — Reverse Litter Campaign" ("MOU")
by and between the City of Denton, Texas and Tarrant Regional Water District ("TRWD"), a
Water Control and Improvement District, a conservation and reclamation district, and political
subdivision of the State of Texas, referenced herein; said MOU was presented to, reviewed by
and considered by the Public Utilities Board ("PUB") at its regulaxly called meeting of
December 10, 2012; and the PUB recommended approval by the City Council of the MOU by a
vote of 6 to 0; and
WHEREAS, the City and TRWD have a great interest in protecting and preserving our
waterways, and are collectively seeking to develop a regional anti-litter campaign to highlight
the litter problem and inspire action; the goal of which program is to reverse the litter trail so that
litter will end up in trash cans and recycle bins, rather than in our waterways; and
WHEREAS, the City and TRWD will address in this campaign, public education and
outreach, as well as public involvement and participation; and
WHEREAS, the City Council finds that the MOU will benefit the City of Denton, Texas
and is in the public interest. WHEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations set forth in the Preamble of this ordinance are included
within the provisions of this ordinance.
SECTION 2. The City Council hereby approves the "Memorandum of Understanding —
Reverse Litter Campaign" entered into by and between the City of Denton, Texas and Tarrant
Regional Water District that provides for a reverse litter campaign, substantially in accordance
with the Memorandum of Understanding — Reverse Litter Campaign" which is attached hereto
and incorporated herein by reference (the "MOU").
SECTION 3. The City Manager, or his designee, is authorized to execute the MOU on
behalf of the City. The City Manager, or his designee, is authorized to carry out the City's rights
and duties under the MOU.
SECTION 4. The City Manager is hereby authorized to expend funds as required by the
MOU.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /��/,� day of ��C2/?2�(�� , 2012.
M RK . B O. S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: � �
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
B " r�
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MEMORANDUM OF UNDERSTANDING
REVERSE LITTER CAMPAIGN
This Memorandum of Understanding ("MOU") is entered into this /�f� day of
�?r,Q /yl ,�y , 2012, (the "Effective Date") by and between the TARRANT REGIONAL
WATER DISTRICT, a Water Control and Improvement District, a conservation and reclamation
district and political subdivision of the State of Texas, created and functioning under Article 16,
Section 59, of the Texas Constitution, pursuant to the general laws of the State of Texas,
including particularly �Chapters 49, 50 and 51, Texas Water Code, and Chapter 268, Acts of the
55t�' Texas Legislature, Regular Session, 1957, as amended (hereafter referred to as "TRWD".)
and the City of Denton, Texas, a municipal cotporation and home-rule city located in Denton
County, Texas (hereafter "Denton"). TRWD and Denton may hereafter be referred to
individually as a"Party" and jointly as the "Parties."
WHEREAS, as water suppliers for nearly 1,8 million people in the City of Denton, Fort
Worth Metroplex and surrounding communities, the City of Denton, Texas and the Tarrant
Regional Water District (TRWD) have a lceen interest in protecting and preserving the quality of
our waterways; and
WHEREAS, during each year hundreds of tons of trash and debris wind up in creeks and
rivers that flow into our reservoirs. The same trash that we see accumulated along the Trinity
River after a big rainstorm is the saine sort of litter that washes into our reservoirs, which
reservoirs serve as major sources of drinlcing water for millions of North Texans; and
WHEREAS, TRWD and Denton are each seeking to develop a regional anti-litter
campaign to highlight the problem and to inspire action. The goal is to prevent tons of plastic
bottles, paper, styrofoam and other trash and debris from flowing into our creel<s and reservoirs
annually. This campaign is called "Reverse Litter," and it aims to reverse the litter trail, so that it
winds up in trash cans and recycle bins before it pollutes our waterways; and
WHEREAS, since everyone in the watershed contributes to the problem, then everyone
in the watershed must be a part of the solution. TRWD and Denton are talcing the lead and are
encouraging other cities across the Metroplex to join the fight against litter and other sources of
non-point source pollution; and
NOW THEREFORE, for and in consideration of the mutual benefits and obligations set
forth herein, the receipt and sufiiciency of which are hereby expressly acicnowledged, the Parties
agree as follows:
1. Public Awareness Campai�n.
The Parties shall support the "Reveise Litter Campaign" to:
a. inform and educate the public regarding issues related to the protection of
drinlcing water sources and/or water conservation;
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TRWD/CITY MOU
PUBLIC AWARENESS CAMPAIGN
b, foster community ownership of the protection of drinlcing water sources and/or
water conservation; and
c. raise the public's awareness of the public's role and impact in protection of
drinking water sources and/or water conservation.
2. Contracting.
TRWD shall enter into such contracts as are necessary with creative and/or advertising
agencies to develop, design and implement the above-described "Reverse Litter
Campaign."
3. Fundin�.
a. Future funding (those funds that are in addition to the initial contribution outlined
above) for the Reverse Litter campaign will proceed as outlined below:
i. Denton shall pay to TRWD on October 1, 2012, October 1, 2013, and
October l, 2014, payinents of $25,000 each, regarding the costs and
expenses related to the "Reverse Litter Campaign" undertalcen pursuant to
this MOU, for a total of $75,000. It is understood that all payments of
Denton are subject to the annual appropriation of sufficient funds.
ii. TRWD shall pay $300,000 to the "Reverse Litter Campaign" within thirty
(30) days after receipt of funds annually by Denton, for a total of
$900,000.
iii. Denton's first payment of $25,000 to TRWD referenced in "i." above shall
be inade within thirty (30) days following the date of execution of this
Memorandum of Understanding.
b. An annual accounting of fiinds shall be provided for each "Reverse Litter
Campaign'' and shall include, but not be limited to a media buy-reconciliation,
c. All paynlents or expenditures made pursuant to this MOU as described in
Paragraph 3.a, above, are made from current funds as required by Chapter 79l ,
Texas Governinent Code.
4. Term and Termination.
a. The Term of this MOU shall be three (3) years from the effective date of this
MOU, wllich effective date shall be the date of tlle last Party to execute this
MOU, and this agreement shal( be autoinatically renewed and extended for
successive one-year terms, unless otherwise terminated as provided in Paragraph
4(b).
b. This MOU may be terminated by convenience by either Party, in its sole
discretion, upon thirty (30) days written notice and payment of any outstanding
amounts then due from the terminating Party, Termination of the MOU
tei�ninates the "Reverse Litter Campaign" which is incorporated in this MOU.
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TRWD/CITY MOU
PUBLIC AWAREN�SS CAMPAIGN
5. Performance Measures
a. "Reverse Litter Campaign" performance measures shall include, but not be
limited to, the following:
i. Gross Impressions generated by the media buy.
ii. Reach generated by the media buy.
iii. Frequency generated by the media buy.
iv. Post campaign survey results.
b. TRWD shall report performance measures to Denton annually in a written report,
on or before the lst day of May for each year that this MOU is in existence, with
the �rst such report being due on or before May 1, 2013.
6. Bindin� Nattire of MOU. It is the intent of the Parties t11at this MOU be a Uinding
engagement between them in principle, with regard to tlie provisions set forth hereiil.
7. Notices. All written notices required under this MOU must be hand-delivered or sent by
certified maiL return receipt requested, addressed to the proper party at the following
address:
1 • : � �
Tarrant Regional Water District
Attn: Jim Oliver, General Manager
S00 E. Northside Drive
Fort Worth, TX 76102
To Citv of Denton:
City of Denton, Texas
Jim Coulter, General Manager, Water Utilities,
215 East McKinney Street
Denton, Texas 76201
8. Governin� Law, The Parties agree that this MOU shall in all respects be governed by,
and constcued in accordance witli, the laws of the State of Texas, without cegard to
principles of conflict of laws that would rec�uire the application of a law of another
jurisdiction; and exclusive venue shall lie in the COUl'CS of coinpetent jurisdiction iii
Tarrant County, Texas.
9. Captions and Headin�s. Captions and headings used in this MOU are for reference only
and shall not be deeined to Ue a part of this MOU.
10, Countei�parts. This MOU may be executed iu any number of counterparts, each of which
shall be deemed to be an original and all of which tal<en together shall be deemed to
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TRWD/CITY MOU
PLTBLIC AWARENESS CAMI'AIGN
constitlrte one and the saine instrument, and it shall not be necessary in makivg proof of
this MOU to produce or account for more than one such countetpart.
11. Entire A�reement. This MOU represents the entire understanding of tlle Parties in
relation to the subject matter hereof, and supersedes any and all previous agreements,
arrangements or discussions between them (whether written or oral) in respect of tlie
subject matter hereof.
l2. Governmental Powers. By execution of this MOU, neither TEtWD nor Denton waives
their sovereigil or governmental powers or immLmities, all of wllich are expressly
reserved.
13. Severabilitv. If any provision of this MOU shall be determined to be unenforceable, void
or otherwise contrary to law, such condition shall in no manner operate to render any
other provision of this MOU unenforceable, void or contraiy to law, and tliis MOU shalf
continue in force in accordance with the remaining ter�ns and provisions hereof, unless
however, such condition invalidates the pui�pose or the intent of this MOU.
14. Amendinent. No amendment, modification, or alteration of the terms of this MOU shall
be binding unless it is in writing, dated subsequent to tl�is MOU, and duly executed by
the Parties hereto. '
15. Third Party Rights. The provisions and conditions of this MOU are solely for the benefit
of TRWD and Denton and are not intended to create any rights, contractual or otherwise,
for any other person or entity. ,
16. Contlicts. In the event of any dispute ovec the meaning or application of any provision of
this MOU, this MOU shall be interpreted fairly and reasonably, and neither inore strongly
for, or against any Party, regardless of which party was the actual drafter of this MOU.
17. No Partnership. Notliing in this MOU s11a11 be deemed to create a partnership, agency,
joint venture, or joint enterprise between the Parties.
[Signature Page Follows]
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TRWD/CITY MOU
PUBLIC AWARENESS CAMPAIGN
EXECUTED as ofthis /��r day of (_�p�/y�lp� , 2012.
TARR.ANT REGIONAL WATER DISTRICT,
A Water Control and Improven�ent District
:
ATTEST:
Secretary, Board of Directors
� � �,,,� ��, v �
��n .E�i� !/" r 1�1� ;a/
�
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
Geor e C. Camp ell, Ci Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: ' �
APP VED S TO LEGAL F�RM:
ANITA BURGESS, CITY ATTORNEY
By: �
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TRWD/CITY MOU
PUBLIC AWARENESS CANIPAIGN