Loading...
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