2005-190
ORDINANCE NO. 2005- I q (J
AN ORDINANCE APPROVING A FOURTH AMENDMENT TO AN AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND THE GREATER DENTON ARTS
COUNCIL DATED OCTOBER 15, 1990, AUTHORIZING THE CITY MANAGER TO
EXECUTE A FOURTH AMENDED AGREEMENT 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 interest of the citizens of the City to continue to provide public funds to the
Greater Denton Arts Council ("GDAC"), in consideration of the valuable public services to be
furnished by the GDAC to the City, and further, in consideration of the covenants contained in
the Agreement between the City and GDAC, dated October 15, 1990, and the three previous
amendments of that Agreement, each approved by the City Council; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby approves the Fourth Amendment to the
Agreement (heretofore dated October 15, 1990), attached hereto, by and between the City of
Denton, Texas and the Greater Denton Arts Council (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 Fourth Amendment to Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the J!lfiLday of 0j..l~y, ,2005.
C~~Jc
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP VED A TO LEGAL FORM:
EDWIN M. SNYDER, ACTING CITY ATTORNEY
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STATE OF TEXAS ~
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COUNTY OF DENTON ~
4th AMENDMENT TO AGREEMENT DATED OCTOBER 15, 1990
BETWEEN THE CITY OF DENTON, TEXAS
AND THE
GREATER DENTON ARTS COUNCIL
WHEREAS, on October IS, 1990, the City of Denton ("CITY") and the Greater
Denton Arts Council ("GDAC") entered into an Agreement, providing for payment of
funds by the CITY to GDAC for providing the community services described therein
(hereafter the "Agreement"). The Agreement was amended on August 20, 1991 (the
"First Amendment"); and again amended on January 21, 1997 (the "Second
Amendment"); and again, on September 5, 2000 (the "Third Amendment"); and
WHEREAS, the CITY and GDAC each desire to amend the Agreement again,
for a fourth time, by wholly repealing the Third Amendment in its entirety, and
substituting instead the terms and provision of this "Fourth Amendment." This Fourth
Amendment amends: Section I, Chapter A, Paragraph 2; and also amends Schedule "A"
found in said Third Agreement; NOW THEREFORE
I. Section I, Chapter A, Paragraph 2, Sentence I, shall be amended to state:
"In the event GDAC should rent the facility to a non-member, non-public organization
for a term greater than ten (10) days, GDAC shall notify CITY of such rental in writing."
The remaining paragraph shall remain intact as originally written.
II. "Schedule A," relating to the level of utility services consumption by
GDAC for which the CITY will reimburse GDAC, shall be amended so that hereafter
Schedule "A" shall read as follows:
SCHEDULE "A"
ANNUAL CONSUMPTION MONTHLY USAGE OR
UTILITY SERVICE EQUIVALENT
Electric usage (kwh) 360,204 30,017
Electric demand (KW) N/A 120.18
Water (Gallons) 114,708 9,559
Wastewater (Gallons) 97,5t2 S,126
Solid Waste (Mo. Svc.) 12 I
Gas (MCF) 256.80 2 \.4
Drainage (Mo. Svc.) 12 1
Maintenance (Annual) $5,000
NOTE: Usaoc units calculated for FYE 2004-2006 from Actual Usaoe 2002-2003
Monthly Maintenance was added to "Schedule A" to allow the change in the
following paragraph. This change is to encourage proactive efficiency
maintenance.
6
The CITY and GDAC do hereby further AGREE as follows:
a. The CITY shall pay, on behalf of GDAC, the amount estimated upon the
current usage consumption estimates based upon the estimates set forth above. The
estimates have been adjusted to include the drainage utility that is a new utility charge
added subsequent to the date of the Third Amendment. This addition further reflects the
original intent of the Agreement, which included all utilities in existence at the time of
commencement. In the event other utilities are added to the GDAC Theater, the City
Manager is authorized to meet with GDAC and determine eligibility for inclusion to this
Agreement.
b. The CITY shall pay directly on the City of Denton utility accounts, on
behalf of GDAC. As of October 1, 2005, the City of Denton utility account will be set up
for budget billing, and the monthly budget billing amount will reflect the estimated
monthly maximum of the City of Denton utility usage at the current rates. The CITY will
provide both GDAC and Denton Community Theater (hereafter "DCT") with access to
the actual monthly usage and billing to allow for monitoring of usage compared to the
estimate.
c. The $5,000 per year maintenance amount will be paid out on a
"reimbursement" basis as described in Paragraph m.B "Other Payments." However, any
remaining amounts as of the meeting scheduled for August 20, 2005, as noted in the
subsequent paragraph, will be considered as a part of the "settle-up" amount.
d. GDAC shall be responsible for the monthly gas payment. The invoices
will be submitted to the CITY for reimbursement at least annually, and not later than
August 10th, as required in the following paragraph.
e. Commencing in August 2005, and on or before August 10th of each
subsequent year that this Fourth Amendment is in force and effect, GDAC will provide
detailed gas invoices to the CITY to be included in the "settle-up" calculations. On or
before August 20th of each year that this Fourth Amendment is in force and effect, the
CITY will meet with GDAC and DCT to discuss the actual usage and cost of services,
and to review the probable settlement amounts that will occur with the September billing
for that year. It is agreed by CITY and GDAC that any remaining amounts will be paid
to GDAC for reimbursement of the remaining gas payments and/or reimbursement or
retention for facility maintenance purposes, with the exception of those outlined in
paragraph m.B. "Other Payments," for the building at 200 (now 214) West Hickory,
Denton, Texas.
f. The City Manager is authorized to adjust the above stated usage estimates
every three (3) years based upon the prior two-year actual consumption. The CITY will
continue to conduct a usage audit every three (3) years, or upon the written request by
GDAC to assist in the goal of striving for usage efficiency.
g. GDAC shall comply with all applicable federal, state and local laws, rules
and regulations.
EXECUTED this the .J..!J.fiday of (}tAl-lf
,2005.
"CITY"
CITY OF DENTON, TEXAS
By:
Michael A. Conduff
City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPRb ED AS 0 LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
By lifuJJA ~
"GDAC"
GREATER DENTON ARTS COUNCIL
By: ~~~
ATTEST:
By:~~-C;:dA~
S:\Our Documents\Contracts\05\Greater Denton Arts Council-Fourth Amendment to Agreement.doc