20-1596ORDINANCE NO.20-1596
AN ORDINANCE APPROVING AN AGREEMENT BY AND BETWEEN THE CITY
OF DENTON AND THE DENTON COMMUNITY THEATRE, INC., PROVIDING
FUNDING FOR REHEARSAL SPACE; AUTHORIZiNG THE CITY MANAGER TO
EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROViDrNG FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") and Denton Community Theatre, Inc.
("DCT"), entered into " Agreement – Denton Community Theater" which was approved
by Ordinance 2015-279, and executed on September 15, 2015, and which expires on
September 30, 2020; and
WHEREAS, the City and DCT amended the " Agreement – Denton Community
Theater" which was approved by Ordinance 2019-2316, and executed on October 8, 2019;
and
WHEREAS, the City Council of the City of Denton, has determined that it is in the
best interests of the City to enter into a new agreement to continue to support the arts in the
community and specifically, to provide public funds for utility and facility and maintenance
services to the DCT in consideration of the valuable cultural and public services to be
furnished by the DCT to the City, which constitutes a public purpose; 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, between the City of
Denton 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.
The motion to approve this ordinance was made by -Jam and
seconded by Bs, the ordinance was passed and approved
by the following vote b - D]:
Aye
J
,/
J
L
-L
J
Nay Abstain Absent
-£Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse Davis. District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the bW) day of Oc+GbC(–, 2020.
Z- y/ #
CHRIS WATTS, MAYOR
Gerard Hudspeth, Mayor Pro TemATTEST:
ROSA RIOS, CITY SECRETARY
aM _/gLa
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
DocuSign Envelope ID: 9064354D-134F4D64-A551-COF86BAD6316
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 hereby presents:
PREAMBLE
A. Both the City and DCTdesire to simplify and streamline the handling of payments
regarding the DCT’s utility bills and the payment provisions for facility and
maintenance 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-DCT to provide DCT with an amount of funding for utilities and
facility and maintenance services for the rehearsal facility to be utilized by
Denton Community Theatre, which DCT has leased from the Golden Triangle
MaIl; and
C.The City has proposed to provide a mutually agreed-upon fixed annual funding
amount for the leased rehearsal facility used by DCT that is leased from the Golden
Triangle MaIl; 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 facility and
maintenance accounts; and
D. Attached hereto as Exhibit “B" is a brief history of the community arts facilities in Denton,
which is provided for informational purposes only and is specifically not incorporated into
Agreement-DCT;
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-DCT is agreed to be September 30, 2025,
unless earlier terminated as provided for herein.
1
DocuSign Envelope ID: 9064354D-134F4D64-A551-COF86BAD6316
2 City and DCTagree 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
under this Agreement-DCT. The first annual period regarding this Agreement-DCT
shall commence on October 1, 2020 and continue through September 30, 2021.
The second annual period shall commence on October 1, 2021 and continue
through September 30, 2022. 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.
4.The City shall provide a mutually agreed-upon annual funding amount commencing on
October 1, 2020 for DCT’s rehearsal space at the Golden Triangle MaII. The annual
funding amount for City utilities, as detailed in Exhibit A attached hereto and incorporated
herein for all purposes, will be paid annually with the first such payment beginning
October 2020. DCT shall timely and directly pay for all 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 services. The City does not object to
same
5. The City and DCT agree that the additional sum of $3,000 is an appropriate amount to be
spent annually on DCT’s facility services for its rehearsal space at the Golden Triangle
MaII. This $3,000 amount is in addition to the annual amount set forth in Section 4 herein.
The $3,000 for facility and maintenance services will be paid to DCT in October of each
Fiscal Year, beginning in October 2020. DCT shall then be liable for paying all of its facility
and maintenance services 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-DCT. There are no other utility
services covered by this Agreement-DCT 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 if the DCT either sells, assigns
or otherwise disposes of the DCT leased location to another entity, or sub-leases
2
DocuSign Envelope ID: 9064354D-134F4D64-A551-COF86BAD6316
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.
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.
Sig,,d thi, th, afb- d,y ,fCL+t>t2er , 2020.
CITY OF DENTON
MANAGER
ArrEST:
ROSA RIOS, CITY SECRETARY
&?
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATrORNEY
DocuSlgned by:
IABel pdb)nhlBY
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations and business terms.
cassandra Ogden
PRINTED NAMESIGNATURE
Director of Finance
TITLE
DENTON COMMUNITY THE
ITS: Managing--Di rector
ofit Corporation
DocuSign Envelope ID: 9064354D-1 34F4D64-A551-COF86BAD6316
EXHIBIT A
DCT Rehearsal Space Annual Funding Amounts
Fiscal Years
2020-2025
City Provided Utilities
$8, 100
Facility and Maintenance Services
$3,000
DocuSign Envelope ID: 9064354D-134F4D64-A551-COF86BAD6316
Exhibit B
A Brief History of the Community Arts Facilities in Denton
Greater Denton Arts Council (GDAC), which began in 1968 as the “Fine Arts and Cultural Affairs Committee"
of the Denton Chamber of Commerce, became an independent entity in 1969 and incorporated as a tax exempt
50 kc)(3) corporation in 1970. Since then it has served as the umbrella organization and advocate for area arts, cultural, and
educational entities. GDAC offices, as well as a variety of special events and gallery exhibitions, are housed in the Patterson-
Appleton Center Arts Center located on the southeast corner of Hickory and Bell Avenue.
Denton Community Theatre (DCT), chartered as a non-profit educational organization under 501(c)(3) of the Internal Revenue
Code in August, 1969, is one of the oldest arts groups in Denton, offering a variety of theatrical productions, classes and special
events throughout the year. In addition to providing entertainment and educational opportunities to the north Texas area, DCT
serves as the managing resident company for the historic Campus Theatre, responsible for its ongoing maintenance and
preservation in partnership with GDAC and the City of Denton.
Patterson-Appleton Arts Center (PAC), formerly known at the Center for the Visual Arts (CVA), opened to the public with its
first art exhibition in the Meadows Gallery (named for the Meadows Foundation, a major donor) in April, 1985. Its completion
was the result of a true community effort that began in 1973 when an ad hoc committee of community and business leaders was
formed to address the need for a permanent center for the performing and visual arts.
When the committee’s proposed bond initiative to fund construction of a convention/arts center failed, representatives of GDAC
and the City of Denton instead found a viable alternative. Working in partnership, they negotiated a long-term lease for two
abandoned City-owned buildings located at the southeast and southwest comers of Hickory and Bell Avenue. The agreement
included a commitment by GDAC to spearhead the 1.5 million-dollar capital campaign to the fund the construction and
improvements necessary to convert the former warehouse and power plant (which had sat vacant for several years) into a "center
for the visual arts" and a "center for the performing arts." in return, the City of Denton agreed to provide overall
maintenance, custodial care and utilities for both locations.
Having secured City approval and sponsorship and believing it was important to move forward in order to maintain public
support, the GDAC goveming board voted to begin construction on the project prior to actually reaching the capital campaign
goals. As funds were not available for both proposed centers, the decision was made to begin with renovations to the building that
would become the Center for the Visual Arts. Construction began in May, 1984. A second gallery along with office, studio and
administrative space was added in 1993
Campus Theatre. The decision to begin work on the Center for the Visual Arts rather than the performing arts center was based
on two major factors: (1) Unknown costs involved in the removal a large submerged generator that would be required before
construction could begin and (2) Doubts expressed by many in the performing arts community that the space would actually
be adequate to house the stage and seating necessary to function as a performance facility. Since the renovations already under
way at the Center for the Visual Arts required most of the available funds, no further action was taken related to the "center for the
performing arts." until 1990 when representatives of Denton Community Theater presented the GDAC Governing Board with an
alternative proposal. Instead of continuing to raise funds to convert the existing City-owned building into a theatre facility that
might be inadequate, they proposed using available funds (and a second 82 million-dollar capital campaign) to purchase and
renovate the Campus Theatre, a former movie house located just off the Square that had been vacant for some time and had recently
become available for sale. Based on estimates provided, the costs involved in purchasing and restoring the Campus Theatre would
actually be less than the projected expenses for converting the warehouse at Bell and Hickory
Again acting in partnership, representatives of GDAC, DCT and the City of Denton reached an amended long-term agreement--
GDAC would purchase the Campus Theatre for $100,000, DCT would be housed in and serve as the managing company for the
facility, and the City of Denton would provide the support services and utilities as promised in the original lease agreement at the
new location. In return, GDAC released the City from their commitment of the second power plant/warehouse property (which
would later become the Central Fire Station).
Adapted from a 1,200 seat movie house into a 299-seat live theatre and performance venue, the Campus Theatre reopened in
1995 with a gala performance featuring the various Denton performing organizations who would now call it their home.
Summary and Impact. With the continued support pledged by the City of Denton, both DCT and GDAC continue to thrive as
two of our city's oldest and most successful nonprofit organizations, attracting tens of thousands of volunteers and patrons to
downtown Denton every year. Serving as anchors to the thriving business and cultural district, these vibrant
and active facilities have become true community icons--the Campus Theatre recognized by the Texas Historical Commission in
2010 as a Recorded Texas Historical Landmark-the only business in Denton honored with that distinction.
We sincerely hope that these facts, coupled with the history of our partnership with the City, demonstrate that a multi-year utilities
and maintenance contract has provided the stability and support that has allowed these two groups to grow and prosper, to make
long-range plans and commitments and to provide our community with quality artistic experiences . . . and will continue to be a
sound investment for the City of Denton.
Docu5#,tits ICU Bee
Certificate Of Completion
Envelope Id: 9064354D134F4D64A551 COF86BAD63 16
Subject: DCT Ord and Agreement DocuSign 8 26 20.pdf
Source Envelope:
Status: Completed
Document Pages: 8
Certificate Pages: 5
AutoNav: Enabled
Signatures: 4
Initials: 0
Envelope Originator:
Randee Klingele
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901 B Texas Street
Denton, TX 76209
randee.klingele@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
8/26/2020 3:03:46 PM
Holder: Randee Klingele
randee.klingele@cityofdenton.com
Location: DocuSign
Signer Events
Mack Reinwand
mack.reinwand@cityofdenton,com
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Timestamp
Sent: 8/26/2020 3:08:41 PM
Viewed : 8/27/2020 8:47:30 AM
Signed: 8/27/2020 8:52:19 AM
Signature Adoption: Pre-selected Style
Using IP Address: 76.186.77.161
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cassey Ogden
cassandra.ogden@cityofdenton.com
Director of Procurement and Compliance
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 8/27/2020 8:52:20 AM
Viewed : 8/27/2020 8:56:53 AM
Signed: 8/27/2020 8:58:33 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mike Barrow
mike.barrow@campustheatre.com
Security Level: Email, Account Authentication
(None)
Sent: 8/27/2020 8:58:35 AM
Viewed: 8/27/2020 4:40:21 PM
Signed: 8/27/2020 4:45:03 PM
Signature Adoption: Pre-selected Style
Using IP Address: 216. 195.109.178
Electronic Record and Signature Disclosure:
Accepted: 8/27/2020 4:40:21 PM
ID: 99a37609-2344-461 7-9ad8-a449921faf44
In Person Signer Events Signature
Status
Timestamp
Editor Delivery Events Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status
Status
Timestamp
Certified Delivery Events Timestamp
Carbon Copy Events
Donna Trammell
donnatram@verizon,net
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Status Timestamp
Sent: 8/27/2020 8:58:34 AM
Viewed : 8/27/2020 11:13:42 AM
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 8/27/2020 4:45:04 PM
Randee Klingele
randee.klingele@cityofdenton.com
Sr Treasury Analyst
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 8/27/2020 4:45:05 PM
Witness Events Signature
Signature
Timestamp
Notary Events Timestamp
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Status Timestamps
8/27/2020 4:45:05 PM
8/27/2020 4:45:05 PM
8/27/2020 4:45:05 PM
8/27/2020 4:45:05 PM
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Mike Barrow
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree’ button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent’ form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process. .
Required hardware and software
ODerating S :ems
Browsers (for SENDERS)
Browsers (for SIGNERSy
r
r
mlet Explorer 6.o?, Mozilla FireFox 1.o
etScape 7.2 (or above)
[®ccess to a valid email account
Mxm;imRiT;i
Email
Screen Resolution
Enabled Security Settings
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
oxv connectron
## These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the ’I agree’ button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, 1 consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.