2015-279\ \CODAD\Departments \Legal \Our Documents \0rdinances \15 \Denton Community Theatre.doc
ORDINANCE NO. 2015 -279
AN ORDINANCE APPROVING AN AGREEMENT - DENTON COMMUNITY THEATRE
BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON COMMUNITY
THEATRE, A TEXAS NON - PROFIT CORPORATION; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT - DENTON COMMUNITY THEATRE;
APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas ( "City ") has determined that
it is in the best interests of the City of Denton to continue to support the arts in the community
and specifically, to provide public funds for utility and janitorial services to the Denton
Community Theatre ( "DCT "), to be used for its new leased rehearsal facility, in consideration of
the valuable cultural and public services to be furnished by the DCT to the City; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves the "Agreement- Denton Community
Theatre," attached hereto and incorporated herewith by reference, entered into by and between
the City of Denton, Texas and the Denton Community Theatre ( hereafter the "Agreement "), and
authorizes the City Manager to execute said Agreement.
SECTION 2. The City Council authorizes the expenditure of funds in the manner and
amount as specified in the Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2015.
1. S WATTS, N YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:� �_
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By
THE STATE OF TEXAS
COUNTY OF DENTON
AGREEMENT - DENTON COMMUNITY THEATRE
The City of Denton, Texas, a Texas municipal corporation (hereafter the "City ") and the Denton
Community Theatre, a Texas not - for - profit corporation (hereafter the "DCT ") do hereby enter
into this Agreement- Denton Community Theatre (hereafter the "Agreement- DCT "), and by
presents:
PREAMBLE
A. Both the City and DCT desire to simplify and streamline the handling of payments
regarding the DCT's utility bills and the payment provisions for janitorial services
regarding the timing and method of City's payments; and
B. City staff has received direction from Council to proceed with proposing this
Agreement to provide DCT with an amount of funding for utilities and janitorial services
for the rehearsal facility to be utilized by Denton Community Theatre, being the
approximate 3800 square foot space, which DCT has leased from the Denton Record
Chronicle; and
C. The City has proposed to provide a mutually agreed -upon fixed annual funding amount
for these leased rehearsal facilities used by DCT that are leased from the Denton Record
Chronicle; and to improve the administration of funds, as well as to reduce City and
DCT staff time that is devoted to reconciling the DCT utility and janitorial accounts;
NOW THEREFORE, the City and DCT for good and valuable consideration, and for the benefit
of community cultural and theatrical activities in the City of Denton, Texas; the City and DCT
do hereby AGREE to the following covenants, provisions and terms, that establish this
Agreement -DCT, to wit:
1. The termination date of this Agreement is agreed to be September 30, 2020, unless
earlier terminated as provided for herein.
2. City and DCT agree and understand that if the City is unable or not willing to
appropriate funds for subsequent fiscal years, in order to continue the funding
provided for, that the City may terminate this Agreement -DCT at the end of the
then current Fiscal Year and it shall not be obligated to make further payments
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under this Agreement -DCT. The first annual period regarding this Agreement shall
commence on October 1, 2015 and continue through September 30, 2016. The
second annual period shall commence on October 1, 2016 and continue through
September 30, 2017. The third and successive annual periods shall be in each
succeeding year thereafter.
3. The DCT agrees to deliver to the City, Director of Finance, its Financial Statements
and its Independent Auditor's Report for each Fiscal Year of DCT, during the
pendency of this Agreement -DCT, promptly when received from its Auditor, at the
close of the DCT Fiscal Year.
1. The City shall provide a mutually agreed -upon annual funding amount commencing
on October 1, 2015 for DCT's rehearsal space at the Denton Record Chronicle. The
annual funding amount for City utilities, as detailed in Exhibit A, will be paid
annually with the first such annual payment being due and beginning on October 1,
2015. DCT shall timely and directly pay for all of its utilities for said rehearsal space
directly to the providers of same and /or to their Landlord, as applicable. DCT may
manage whether or not it desires separate meters for utility service. The City does
not object to same.
2. The City and DCT agree that the additional sum of $3,000 is an appropriate amount
to be spent annually on DTC's janitorial services for its rehearsal space at the
Denton Record Chronicle. This $3,000 amount is in addition to the annual amount
set forth in Paragraph 4 herein. The $3,000 for janitorial expenses will be paid to
the DCT by the City on October 1 of each Fiscal Year, beginning October 1, 2015.
DCT shall then be liable for paying all of its janitorial expenses for the Fiscal Year.
6. There are no requirements set for maximum annual usage (i.e. kilowatt hours,
gallons of water, etc.) regarding this Agreement. There are no other utility services
covered by this agreement other than for drainage, electric, gas, solid waste, water
and wastewater utilities.
7. The fixed annual funding accounts established by the City in Paragraph numbers 4
and 5 above, may be re- considered by the City Council provided that the DCT either
sells, assigns or otherwise disposes of the DCT leased location to another entity, or
sub - leases the DCT leased location to another entity, or the DCT leased location is no
longer used for the cultural and theatrical purposes that benefit the residents of the
City of Denton, Texas.
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8. DCT is strongly encouraged to implement energy savings plans, and may fully utilize
Denton Municipal Utilities community services, such as the Green -Sense Program,
Energy Audits, and other resources in order to economize and more efficiently
regulate its utility use.
9. The City may enter the DCT rehearsal facilities at any time that City staff provides
advance notice to the designated representative of DCT.
SIGNED this the i`5) day of _ _„ 2015.
ATTESTED:
JENNIFER WALTERS, CITY SECRETARY
By: �� ,.
ee
"CITY"
THE CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
GEORGE C. CAMPBELL, City Manager
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ATTEST:
0
APPROVED AS TO LEGAL FORM:
By:
Its Attorney
"DCT"
DENTON COMMUNITY THEATRE, INC.
A Texas Not-For-Profit Corporation
By:
Its
EXHIBIT A
DCT Rehearsal Space Annual Funding Amounts
Fiscal Year
City Provided Utilities
Gas Utilities
Janitorial and Maintenance
Services
2015-2016
7,200
0
3,000
2016-2017
7,450
0
3,000
2017-2018
7,650
0
3,000
2018-2019
7,900
0
3,000
2019-2020
8,100
0
3,000