22-1819ORDINANCE NO. 22- 1819
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOEXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITYOF NORTH TEXAS FOR THE EXPENDITURE OF SIXTY-ONE THOUSAND NINE
HUNDRED AND NINETY DOLLARS ($61,990) FOR THE PURCHASE ANDCOMMISSIONING OF SCULPTURES OF ABNER HAYNES AND DR. LEON KING ANDCORRESPONDING STEEL NAME ARCHES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the University of North Texas (UNT) is developing Unity Plaza to be located
on the UNT campus outside the athletics offices south of Apogee Stadium and said plaza is
estimated to be complete in the fall of 2022; and
WHEREAS, UNT is in the process of commissioning a sculpture and steal name arch of
Abner Haynes who was born in Denton, was one of the first African American students to playfootball for North Texas State University (NTSU), and was drafted into the American Football
League as a player for the Dallas Texans Team, now known as the Kansas City Chiefs; and
WHEREAS, UNT is in the process of commissioning a sculpture and steal name arch of
Dr. Leon King who grew up in Denton, was one of the first African American students to playfootball for NTSU, completed his bachelor’s and master’s degrees from NTSU and later earned
his doctorate from Nova University. King was inducted into the African American Education
Archives and History Program Hall of Fame following more than four decades of service as a
teacher, coach, and administrator in the Dallas Independent School District; and
WHEREAS, UNT and the City of Denton seek to honor Abner Haynes and Dr. Leon King
for their achievement of breaking the color barrier on the NTSU football team; and
WHEREAS, UNT has already established the location and design of the statute and have
sought partners to fully fund the project which is estimated to costs $423,539; and
WHEREAS, the City of Denton desires to purchase said sculptures at the cost of $61,990 and
provide them on permanent loan to UNT for display within Unity Plaza until said plaza is demolished,removed, replaced or relocated to a location agreed to by both the City of Denton and UNT; and
WHEREAS, Unity Plaza is open and free to the public for viewing and parking excluding special
events that may limit or restrict access; and
WHEREAS, UNT agrees to maintain, repair or replace said sculptures and arches as appropriatewhile on loan to UNT; and
WHEREAS, the City of Denton supports this project and will be recognized for this
contribution on a plaque at the site; and
WHEREAS, the City Council of the City of Denton hereby finds the agreement between
the City and UNT, attached hereto and made a part hereof by reference (the “Agreement”), serves
a municipal and public purpose and is in the public interest; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by
reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Manager, or designee, is hereby authorized to execute the
Agreement and to carTy out the duties and responsibilities of the City under the Agreement,
including the expenditure of funds in an amount of $61,990 in accordance with the terms of the
partnership agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by Br ian & d_ andseconded by Qrhr,ch el\lhS qc (W/ . This ordinance was passed and approved by
the following vote U - a- 1
Aye
pr
1/
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2 :1/
Jessie Davis, District 3:
VACANT, District 4:
Brandon Chase McGee, At Large Place 5 :b/-aChrist Watts, At Large Place 6 :
PASSED AND APPROVED this the GK day of , 2022.
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ATTEST:
ROSA RIOS, CITY SECRETARY
MACK REINWAND, CITY ATTORNEY
BY:
n\\\iII III////fat
BY q
fIIp rD AS TO LEGAL FORM
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FUNDING AGREEMENT
THIS FUNDING AGREEMENT (this “Agreement’) is made and entered into by and between the
UNIVERSFFY OF NORTH TEXAS ('UNT”), and the CITY OF DENTON (“City”), who have
come together to honor Abner Haynes and Dr. Leon King for their achievement of breaking the
color barrier on the North Texas State University Football Team.
WHEREAS, UNT is constructing Unity Plaza on the UNT campus to serve as a place to honor
Abner Haynes and Dr. Leon King; and
WHEREAS, the City desires to purchase and will be owner of certain sculptures, bronze plaques
and arches of Abner Haynes and Dr. Leon King with names in steel at the cost of $61,990 as
described in Exhibit “A” and provide them on permanent loan to UNT for display within Unity
Plaza until said plaza is demolished, removed, replaced; or relocated to a location agreed to by
both the City of Denton and UNT; and
WHEREAS, UNT will be the lead agency and has already established the location and design of
the sculptures and have sought partners to fully fund the project which is estimated to cost
$423,530; and
WHEREAS, UNT and the City agree to the following provision of this Agreement:
1.
2.
3.
UNT acknowledges and agrees sculptures, bronze plaques, and arches with names in steel
are property of the City of Denton. There shall be a plaque or marker on or near the
sculptures memorializing the City of Denton’s contribution to the plaza.
UNT agrees to secure, maintain, and repair said sculptures, plaques, and arches while on
loan to UNT
UNT will arrange and pay all costs associated with the development and transport of the
sculptures to Unity Plaza upon completion by the artist. Should UNT cease to display the
sculptures, UNT will within 60 days of the date the sculptures are no longer on display,
return the sculptures to the City. UNT will arrange and pay for all costs associated with
proper transport of the sculptures from Unity Plaza to a location within reasonable distance
designated by the City.
UNT will display said sculptures in Unity Plaza as shown in Exhibit “B”. Unity Plaza will
be open and free to the public for viewing excluding special events that may limit or restrict
access
The City is not required to provide any additional funding or maintenance to or for the
display of the sculptures. All maintenance costs and costs of future display will be paid byUNT
Entire Agreement; Severability. This Agreement constitutes the entire agreement between
the Parties and supersedes all prior agreements, whether oral or written, covering the subject
matter of this Agreement. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable for any reason, then (a) such unenforceable
provision shall be deleted from this Agreement; (b) the unenforceable provision shall, to the
extent possible, be rewrittur to be enforceable and to give effect to the intent of the Parties;
4.
5.
6
Page 1 of 3
and (c) the remainder of this Agreement shall remain in full force and effect and shall be
interpreted to give effect to the intent of the Parties.
7. Changes in State or Federal Law. If any state or federal law changes so as to make it
impossible for the City or UNT to perform its obligations under this Agreement, the Parties
will cooperate to amend this Agreement in such a manner that is most consistent with the
original intent of this Agreement and legally possible
8. Additional Documents and Acts. The Parties agree that at any time after execution of this
Agreement, they will, upon request of the other Party, execute and/or exchange any other
documents necessary to effectuate the terms of this Agreement and perform any further acts
as the other Party may reasonably request to eflectuate the terms of this Agreement.
9. Assignability, Successors and Assigns. This Agreement shall not be assignable by any Party
without the other Party’s written consent. This Agreement shall be binding upon and inure
to the benefit of the Parties and their respective officers, directors, partners, employees,
representatives, agents, vardors, grantees and/or trustees, heirs, executors, administrators,
legal representatives, successors and assigns, as authorized herein.
10. Amendmart. This Agreement may be amended only by written agreement with approval
of the governing bodies of both the City and UNT.
11. Effective Date. This Agreement is effective on the date of adoption by the City.
12. No Third-Party Beneficiaries. This Agreement is solely for the benefit of the City and UNT.
Neither the City nor UNT intends by any provision of this Agnemart to ueate any rights
in any third-party beneficiaries or to confer any benefit or enforceable rights under this
Agreement or otherwise upon anyone other than the City and UNT.
13. Governmental Powers. By execution of this Agreement, neither the City nor the UNT
waives or surrenders any of its respective governmental powers, immunities, or rights.
Nothing in this section shall waive any claims, defenses or immunities that the City or the
UNT has with respect to suits against the City or UNT by persons or entities not a party to
this Agreement.
14. Indemnity Agreement. To the extent authodzedby law, each party shall indemnifr and hold
harmless the other hum and against any and all claims, demands, and causes of action of
whatever kind or nature asserted by any third party and occurring in any way or incidentto, arising from, or in connection with, any acts of the party’s agents, employees, and
subContIactoIS, in connection to any causes of action regarding the sculptures, plaqum,
steel arches orpedestals while on loan to UVF.
a. The following is excluded from UNFs obligation to indemnib' and hold harmless
the City: The negligence or willful malfeasance of any offimr, agent or employee of
City
b. The following is excluded from City’s obligation to indemnify and hold harmless
UNr: The negligence or willful malfeasance of any officer, agent or employee ofUVF
15. Incorporation of Exhibits by Reference. All exhibits attached to this Agreement are
incorporated into this Agreement by reference for the purposes set forth herein, as follows:
Page 2 of 3
Exhibit A Invoice and Depiction of Sculptures, Bronze Plaques and Arches
Exhibit B Preliminary Placement and Location of Sculptures, Brwrze Plaques and Arches
CITY OF DEmON. TEXAS
%LFYmAFcrrY MANAGER
UNIVERSrrY OF NORTH TEXAS
[lgitalV signed by Neal
Nea I Smat res kEn=22.11.09 1 1:48:54
-06'OO'UNivERsrrY OF NORTH TEXAS,PRESIDENT
By:
Date. Nov 9, 2022
ArrEST:,CRETARY A\\tllllIQ
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY;,at +K–+-+’
By:
THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
as to finurcia1 mId operational obligations
and bugness tenns.
SIGNATUREChief Financial Of:acer
TITLE
Finmrce
DEPARTMENT
Cassey OgdenPRINTED NAME
Page 3 of 3
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\Exhibit A: Invoice
SCHOLARSHIP FUND
UNITY PLAZA DONATION
North Texas Athletics - Mean Green Scholarship Fun
c/o Ryan Peck, Deputy AD
1155 Union Circle #311397
Denton, Texas 76203 -5017
940-565-2527
TO:City of Denton Parks and Recreation Department
c/o John F. Whitmore, CPRE, AFO-IT, AFOI, AFO
Park Planning Manager
DescriptionUnity Plaza Donation honoring Abner Haynes & Dr. Leon King
Busts
Bronze PlaquesArch Names in Steel
TOTAL DUE
TOTAL
$15,590.00
$6,500.00
$39,900.00
$61,990.00
Payment DetailsCheck Number
Credit Card
Name on card
CC #
Exp DateCW2
Billing Zip Code
Visa, MasterCard, Discover, AMEX
Please make all checks payable to North Texas Athletics.Thank you for your support of UNT student-athletes !Go Mean Green!
OFFICE USE
RE ID
Ticket ID
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