2013-105
ORDINANCE NO. 2013-105
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A "FURTHER
EXTENSION TO AMENDMENT NO. 1" TO THE "MEMORANDUM OF UNDERSTANDING-
THE ENVIRONMENT," BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE
UNIVERSITY OF NORTH TEXAS WHICH PROVIDES FOR THE FURTHER EXTENSION OF
THE TERMS OF SAID AGREEMENT UNTIL SEPTEMBER 30, 2016; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Public Utilities Board approved a "Memorandum of Understanding - The
Environment" ("MOU") prior to the May 13, 2003 City Council meeting, and at such meeting the
City Council approved a Memorandum of Understanding ("MOU") entered into by and between the
City and The University of North Texas, by Ordinance No. 2003-119, which authorized participation
in various research projects originated by the City of Denton, and which MOU was for a term of
three (3) years from and after May 1, 2003; and
WHEREAS, on May 2, 2006, the City Council then approved a three-year extension of the
above-referenced MOU entitled "Amendment No. 1 to the Memorandum of Understanding," by
Ordinance No. 2006-111; and
WHEREAS, on May 18, 2009 a further extension of the MOU was approved by the Legal
Department, and was then presented and approved by the Public Utilities Board; and thereafter, the
City Manager duly executed said extension of said MOU for the period running from May 1, 2009
through September 30, 2013; and
WHEREAS, both City Staff and The University of North Texas desire to continue the
existence of the MOU for another extension term of three-years and five-months, ending on
September 30, 2016, as the relationship fostered by this MOU by and between the City and the
University is mutually beneficial and accomplishes the goals and needs of both parties; and such
research projects are works that are beneficial to the residents of the City of Denton, Texas. NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute the
"Further Extension to Amendment No. 1 Memorandum of Understanding - The Environment"
("Further Extension") by and between the City of Denton, Texas and The University of North Texas,
providing for the extension of the terms of said MOU through September 30,2016; and is authorized
to make the expenditures provided for in said MOU; a copy of said Further Extension is attached
hereto as Exhibit "A" and is incorporated herewith by reference.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the (!r~ day of , 2013.
ce/
B - " OUG ; S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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By:
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II
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i
UNIVERSITY OF NORTH TEXAS
Denton, Texas
FURTHER EXTENSION TO AMENDMENT NO. 1
MEMORANDUM OF UNDERSTANDING
THE ENVIRONMENT
The University of North Texas, a state institution of higher education, with business offices
located at 1501 Chestnut Street, Denton, Texas 76203 (hereinafter "UNT") and City of Denton,
Texas, a Texas home-rule municipal corporation, with business offices located at 215 East
McKinney Street, Denton, Texas 76201 (hereinafter "City"), hereby agree to extend Amendment
No. 1 to the Memorandum of Understanding - The Environment," dated May 1, 2009, as
follows:
Period of Performance and Termination is hereby amended to extend the period of performance
to September 30, 2016 and shall read:
The term of this Agreement is specified as May 1, 2009 through September 30, 2016 unless
sooner terminated in accordance with the terms herein. Either Party hereto may terminate this
Agreement or performance of Research Projects at any time by giving not less than thirty (30)
days advance written notice to the other Party. Termination or cancellation shall not affect the
rights and obligations of the Parties accrued prior to termination. City shall be liable for all
expenses incurred and all non-cancelable commitments made prior to UNT's receipt of the
notice of termination and shall pay UNT for same on receipt of a final invoice. On receipt of
payment in full for work performed, UNT shall deliver the results of all previously unreported
work in such form as it exists.
All other terms and conditions remain unchanged and in effect.
(Signatures begin on the following page.)
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M0U.Amend1.GN2963.18Mar2013.jms Page 1 of 2 j
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment effective as of
2013.
CITY OF DENTON, TEXAS THE UNIVERSITY OF NORTH TEXAS
A Texas Municipal Corporation
By: By:
eorge C. Campbell, City Manager Dr. e ewell,
Vice President for Research and
Economic Development
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
i
By:
APPROVED AS TO LEGAL FORM;
ANITA BURGESS, CITY ATTORNEY
B
y:
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