2000-285b \Our Documcnts\Ord~nances\00~AmndmntDntn Arts Counml doc
ORDINANCE NO d~-~'~ ~,~
AN ORDINANCE APPROVING A THIRD AMENDMENT TO AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS COUNCIL
DATED OCTOBER 15, 1990, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,
TO EXECUTE AN AGREEMENT APPROVING THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the C~ty Cotmcfl has determined that it is ,n the best ~nterest of the c,t,zens
of the c~ty to promde pubhc funds to the Greater Denton Arts Council, ~n consideration of the
valuable public services to be furnished by smd orgamzat~on to the City of Denton, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The C~ty Council hereby approves the third amendment to an Agreement
dated October 15, 1990, attached hereto, between the C~ty of Denton and the Greater Denton
Arts Council (the "Agreement"), and authorizes the City Manager, or his designee, to execute
smd Agreement
SECTION 2 The City Council authorizes the expenthture of funds ~n the manner and
amount as specified m the Agreement
SECTION 3 Th~s or&nance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED this the ffbtam. day of ,~e/W/t~f- , 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTO~b~P~
(
3R° AMENDMENT OF AGREEMENT BETWEEN
THE CITY OF DENTON
GREATER DENTON ARTS COUNCIL
RECITALS
On October 15, 1990, the City of Denton (CITY) and 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 (the "agreement" ) The
agreement was amended on August 20, 1991 (the "1st Amendment") and on January 21,
1997 (the "2nd Amendment ) The parties desire to amend the Agreement agmn by
repealing the 2nd Amendment in its entiret,y, and substituting at with th~s 3~ Amendment
This 3rd Amendment amends Schedule "A of such Agreement, relating to the level of
utlhty serrate consumption by GDAC for which the City will reimburse GDAC, so that
hereafter Schedule "A" shall read as follows
I
SCHEDULE "A"
I II III
UTILITY SERVICE ANNUAL CONSUMPTION MONTHLY USAGE
Electricity 355,800 KWH 29,650 KWH
100 KW
(demand)
Water 79,300 Gallons 6,608 Gallons
Wastewater 63,440 Gallons 5,287 Gallons
Natural Gas 190 CCF 15 83 CCF
The City will be responsible for the lesser of the cost of actual consumption and the costs
based on the estimates set forth above On or before the 5th day of each month, the CITY
shall pay GDAC a sum equal to the estimates for utility bllhng for the consumption and
facIhty charges for the utility services enumerated m Column III GDAC shall provide
the CITY with written evidence on a monthly basis of the actual consumptton On June
30 &each year the City will reconcile the utility accounts If the actual consumption is
less than the above estimates, the City wall be reimbursed for the cost of the difference
The City Manager is authorized to adjust the above estimates every three years based on
the prior two years' actual consumption Every three years the City will conduct a usage
audit and make recommendations to GDAC regarding energy sawngs measures to be
implemented
III
Except for the amendment set forth above, the terms of the original Agreement of
October 15, 1990, shall remmn ~n full force and effect .//~
PASSED AND APPROVED th~s the ~TX/day of (~,~g~Og~tv~ ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
'' f
A~OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
GREATER DENTON ARTS COUNCIL
ATTEST