1999-458 NOTE' Amended by Ordinance No 2001-001
ORDINANCE NO ~- ~
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE
PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE DENTON
COUNTY HISTORICAL COMMISSION, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Tex Tax Code §351 101(a) anthonzes the City of Denton, Texas to use
revenue from ~ts mummpal hotel occupancy tax to promote tounsm and the convention and hotel
~ndustry by advertmmg and conducting sohc~tat~ons and promouonal programs to attract tounsts and
convention delegates or registrants to the mumc~pahty or ns V~Clmty, as well as to engage m
h~stoncal restoration and preservaUon projects and activities and advert~mng and conducUng
sohc~tatlons and promotional programs to encourage tounsts and convention delegates to wmt
preserved lustonc sites and museums, and
WHEREAS, the County of Denton, Texas m well eqmpped to perform those act~wtles by its
operation of the Denton County Hmtoncal CommlSmOn, and
WHEREAS, Tex Tax Code §351 101(c) authonzes the City of Denton, Texas to delegate
by contract w~th the County of Denton, Texas, as a governmental entity, the management and
supervlmon of programs and activities of the type described heremabove funded w~th revenue from
the mumc~pal hotel occupancy tax, and
WHEREAS, both the C~ty of Denton, Texas and the County of Denton, Texas have a
secondary source of authority to enter ~nto an ~nterlocal cooperation agreement, pursuant to Chapter
791 of the Texas Government Code, as the agreement ~s authonzed by both governmental bodies,
the agreement states the purpose, terms, rights, and duties of the conlract~ng part~es, the
conmderatlon ~s being prod by C~ty of Denton, Texas out of current revenues, the compensation m
fmr, and the services to be performed are "museum services" authorized under §791 003(3)(F) of
the Texas Government Code, wluch each party m authorized to perform ~nd~wdually, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
CT.S._E. uQ~.Q_~ That the Mayor m hereby authorized to execute an agreement between the
City of Denton and Denton County for the payment and use of hotel tax revenue ~n support of the
Denton County H~stoncal CommmslOn, under the terms and conditions contmned in the
agreement, a copy of which ~s attached hereto and made a part hereof
~ That this ordinance shall become effective ~mmedmtely upon Its passage
and approval
PASSEDANDAPPROVEDthlsthe 7~--~ dayof ~ .,
1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
PAGE 2
AGREEMENT BETWEEN THE CITY OF DENTON AND
DENTON COUNTY, TEXAS (DENTON COUNTY HISTORICAL COMMISSION)
(CY2000)
PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE
THIS AGREEMENT made between the C~ty of Denton, Texas, a murnc~pal corporation
(the "CITY"), and County of Denton, Texas, a governmental enttty ex~st~ng under the laws of the
State of Texas, contracting on behalf of 1ts Denton County H~stoncal Conumss~on (collectively, the
"DCHC")
WHEREAS, Tex Tax Code §351 002 anthonzes the CITY to levy by ordinance a
municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (7%) of the consideration
paid by a hotel occupant, and
WHEREAS, by orchnance, the CITY has provided for the assessment and collection of a
mumc~pal hotel occupancy tax ~n the City of Denton of seven percent (7%), and
WHEREAS, Tex Tax Code §351 101(a) authorizes the CITY to use revenue from ~ts
mumcipal hotel occupancy tax to promote tounsm and the convention and hotel industry by
advertising and conducting sohc~tatmns and promotional programs to attract tourists and convention
delegates or registrants to the mumcIpahty or its vic~mty, as well as to engage ~n lustoncal
restoration and preservation projects and act~wties and advertising and conducting sohc~tat~ons and
promotional programs to encourage tourists and convention delegates to visit preserved h~stonc
s~tes and museums, and
WHEREAS, the DCHC ~s well eqmpped to perform those act~vmes, and
WHEREAS, Tex Tax Code §351 101(c) anthonzes the CITY to delegate by contract w~th
the DCHC, as a governmental entity, the management and supervision of programs and activities of
the type described heremabove funded w~th revenue from the mumcipal hotel occupancy tax, and
WHEREAS, both CITY and DCHC have a secondary source of authority to enter ~nto tlus
Agreement as an mterlocal cooperation agreement, pursuant to Chapter 791 of the Texas
Government Code, as the Agreement ~s authorized by both governmental bothes, the Agreement
states the purpose, terms, rights, and duties of the contracting part~es, the consideration is being paid
by CITY out of current revenues, the compensation ~s fair, and the services to be performed are
"museum serwces" anthonzed under §791 003(3)(F) of the Texas Government Code, wluch each
party ~s authorized to perform individually, and
WHEREAS, hotel tax funds having prewously been allocated dunng FY98-99 to fund a
similar project during CY1999, which was never completed, ~t ~s the intention of the pafaes that
DCHC p~'xform the same services pursuant to th~s agreement that ~t would have performed pursuant
to the agreement for CY1999, and that these services be performed for the same consideration
recited, but not paid, m the CY1999 contract, and it is further the mtentlon of the pames that ti'ns
agreement supersede and nulhfy the CY1999 contract
NOW, THEREFORE, in cons~deratlon of the performance of the mutual covenants and
pronuses contained herein, the CITY and the DCHC agree and contract as follows
I HOTEL TAX REVENUE PAYMENT
1 1 Consideration. For and in consideration of the act~wt~es to be performed by the DCHC
under flus Agreement, the CITY agrees to pay to the DCHC a portion of the hotel tax revenue
collected by the CITY dunng FY98-99 at the rates and in the manner specified herein (such
payments by the CITY to the DCHC sometimes herein referred to as the "agreed payments" or
"hotel tax funds")
1 2 Amount of Payments.
(a) As used m flus Agreement, the following terms shall have the following specific
meamngs
(0 The term "hotel tax revenue" shall mean the gross momes collected and
received by the C~ty as municipal hotel occupancy tax at the rate of seven percent (7%) of
the price pand for a room in a hotel, pursuant to Texas Tax Code 351 002 and C~ty
Ordinance Hotel tax revenue will ~nclude penalty and interest related to the late
payments of the tax revenue by the taxpayer
00 The term "Collection period" will mean the collection period for the
CITY's fiscal year 98-99
(in) The term "base payment mount" shall mean a net amount of money equal
to the total hotel tax revenue collected by the CITY dunng any relevant period of time (~ e,
fiscal year or fiscal quarter), less (1) attorney and auditing costs ~ncurred dunng such
relevant penod of t~me for costs of collecUon or auditing of hotel taxpayers Attorney and
auditing costs include fees prod to attorneys or agents not in the regular employ of the CITY
for wtuch attorneys or agents effect comphance or collection of the hotel tax t~om taxpayers,
and (2) court costs and other expenses ~ncurred In htlgatlon against or aurht~ng of such
taxpayers
0v) The term "contract quarter" shall refer to any quarter of the calendar year ~n
wlmch this A[[reement is ~n force Contract quarters will end on March 31st, June 30th,
September 3~', and December 31st of each contract year
(b) In return for satisfactory performance of the act~vmes set forth ~n this Agreement
and all attachments hereto, the CITY shall pay to DCHC an amount of money m each contract
year equal to the fixed contract amount of Th~rty-F~ve Thousand Dollars ($35,000)
1 3 Dater of Payments.
(a) CITY shall pay DCHC m a lump sum w~thln thirty (30) days after DCHC prowdes
CITY with written notification that it has located a statable site for the kiln project
Page 2
1 4 Other limitations regardmg consideration.
(a) The funding of flus project in no way commits the CITY to future fumhng of tlus
program beyond the current contract period Any future funding is solely the respons~blhty of the
DCHC
(b) It is expressly understood that tins contract in no way obhgates the General Fund or any
other momes or credits of the CITY
(c) CITY may withhold further allocations if CITY determines that DCHC's expenditures
deviate materially from their approved budget
II. USE OF HOTEL TAX REVENUE
2 1 Use of Funds For and tn consideration of the payment by the CITY to the DCHC of the
agreed payments of hotel tax funds specified above, the DCHC agrees to use such hotel tax funds
only for advemsmg and conducting sohmtat~ons and promotional programs to attract tourists and
convention delegates or registrants to the murnclpahty or its Vlclmty, as well as to engage in
historical restoraO_on and preserva'aon projects and activities and advertising and conducting
sohmtatlons and promotional programs to encourage tourists and conventton delegates to vmlt
preserved h~stonc s~tes and museums, as authorized by TEx T^x Cor)E §351 101(a)(3) and (a)(5)
Funds for any calendar year which are unused by nudmght December 31st of that year shall be
refimded to CITY w~thm thirty (30) days
2.2 Administrative Costs. The hotel tax funds received from the CITY by the DCHC may be
spent for day-to-day operations, supphes, salaries, office rental, travel expenses, and other
admlmstrat~ve costs that are incurred directly in the performance by the DCHC of those activities
specified m ¶2 1 above and are allowed by Tex T^x COl)~ §351 101(f)
2 3 Specific Restrictions on Use of Funds
(a) That poraon of total admlmstratave costs of the DCHC for wfueh hotel tax funds
may be used shall not exceed that portmn of the DCHC's admmmtratlve costs actually recurred m
conducting the acttmtles specified in ¶2 1 above
(b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct
an activity the primary purpose of which ~s not directly related to the promotion of local tourism and
the conventaon and hotel industry or the performance of the person's job in an efficient and
professmnal manner
Ill RECORDKEEPING AND REPORTING REQUIREMENTS
3 1 Budget.
(a) The DCHC shall prepare and submit to the City Manager of the CITY an annual budget
(see Exfubat "A") as approved by the City Council for each calendar year, for such operatuons of the
DCHC m which the hotel tax funds shall be used by the DCHC This budget shall specifically
identify proposed expenrhtures of hotel tax funds by the DCHC In other words, the CITY should
Page 3
be able to aurht specffically where the funds ~n the separate account relating to hotel tax funds will
be expended The CITY shall not pay to the DCHC any hotel tax revenues as set forth m Sectaon I
of tins contract during any fiscal year of ttus Agreement unless a budget for such mspectave fiscal
year has been approved m writing by the Denton Caty Counml authorizing the expenditure of funds
Fadure to submit an annual budget may be considered a breach of contract, and ~f not remedied ~s
considered grounds for termlnataon of this Agreement as stated ~n paragraph 4 2
(b) The DCHC acknowledges that the approval of such budget by the Denton C~ty
Councd creates a fiducmry duty ~n the DCHC w~th respect to the hotel tax funds prod by the CITY
to the DCHC under tins Agreement The DCHC shall expend hotel tax funds only in the manner
and for the purposes specffied m tlus Agreement, TEx T^x CO~)E §351 101(a) and in the budget as
approved by the CITY
3 2 Separate Accounts The DCHC shall mamtam any hotel tax funds prod to the DCHC by
the CITY ~n a separate bank account w~th segregated accounttng, such that any reasonable person
can rewew the source of expenditures of tax funds A bank reconcthatlon report (see Exhibit "B")
~s mqmred wath each quarterly report
3 3 Financial Records. The DCHC shall mamtmn complete and accurate financial records of
each expenditure of the hotel tax funds made by the DCHC These funds are reqmred to be
classffied as restricted funds for audtted financial purposes, and may not be used for suppo~ng
services, including, but not hnnted to, auditing fees and attorney's fees Upon reasonably advance
written request of the Denton C~ty Council, the C~ty Manager or designate, or any other person,
shall make such fmanmal records avmlable for inspection and rewew by the party making the
request DCHC understands and accepts that all such financial records, and any other records
relating to tlus Agreement shall be subject to the Pubhc Informataon Act, TEx GOV'T CODE, ch
552, as hereafter amended
3 4 Quarterly Reports W~thm tlurty days after the end of every contract quarter, DCHC
shall funnsh to CITY (1) a performance report of the work performed under tlus Agreement
describing the actawtaas performed pursuant to this Agreement during that contract quarter, and (2) a
hst of the expenthtures made with regard to hotel tax funds pursuant to TEx T^x CODE
§351 101(c) Both the performance and expenditure reports wall be m a form e~ther determined or
approved by the C~ty Manager or designate (see Exhibit "B") The DCHC shall respond promptly
to any request from the C~ty Manager of the CITY, or designate, for add~taonal ~nformataon relatang
to the actavltaes performed under th~s Agreement
3 5 Notice of Meetings The DCHC shall g~ve the C~ty Manager of the CITY reasonable
advance written notace of the tame and place of all meetangs of DCHC's Board of D~rectors, as well
as any other meeting of any constatuency of the DCHC at wbach th~s Agreement or any matter the
subject of tlus Agreement shall be considered Tlus provision shall not be deemed to require the
DCHC to g~ve notice of any executave session of the Executive Committee of the DCHC
IV TERM AND TERMINATION
4 1 Term The term of th~s Agreement shall commence on January 1, 2000 and terminate at
m~dmght on December 31, 2000 Tbas term shall be a period of one year
Page 4
4 2 Termination Without Cause
(a) Tlus Agreement may be tenmnated by c~ther party, wzth or w~thout cause, by gtwng
the other party szxty (60) days advance wrntan not,ce
(b) In the event tfus contract ~s termznated by e~ther party pursuant to Section 4 2(a),
the CITY agrees to rermburse the DCHC for any contractual obhgat~ons of the DCHC
undertaken by the DCHC m satisfactory performance of those actlvltzes specified m ¶¶2 1 and
2 2 above and that were approved by the Council through the budget, as noted m ¶3 1 This
reimbursement ~s conchtloncd upon such contractual obligations having been incurred and
entered into m the good froth performance of those services contemplated in ¶¶2 1 and 2 2 above,
and further conditioned upon such contractual obhgatzons hawng a term not exceeding the full
term of tlus Agreement Notwtthstandmg any prows~on hereof to the contrary, the obhgat~on of
the CITY to reimburse the DCHC or to assume the performance of any contractual obhgatxons of
the DCHC for or under any contract entered ~nto by the DCHC as contemplated herem shall not
exceed 66 2/3% of the current quarterly payment
(c) Further, upon termmatiun pursuant to ¶4 2(a), the DCHC will provide the CITY 1)
Within 10 business days from the termination notification, a short-term budget of probable
expenditures for the remmmng 60 day per~od between termmatlon notification and contract
termination Thts budget wzll be presented to Counczl for approval wltlun 10 business days after
receipt by CITY If formal approval zs not g~ven within 10 busmess days and the budget does
not cont0an any expenditures that would be prohibited by the Texas Tax Code, and ~s w~thm the
current euntractual per~od approved budget, the budget w~ll be considered approved, 2) Wtthzn
30 days, a full accounting of all expandztures not prewously audited by the City, 3) Wltlun 5
business days of a request from the CITY, a hstmg of expenditures that have occurred since the
last reqmred reporting per~od, 4) a final aecountmg of all expenditures and tax funds on the day
of termination The DCHC w~ll be obligated to return any unused funds or funds determined to
be used improperly Any use of remmmng funds by the DCI-IC after notzflcatlon of termination is
conditioned upon such contractual obhgatlons hawng been ~neurred and entered ~nto m the good
faith performance of those services contemplated in 2 1 and 2 2 above, and further conditioned
upon such contractual obhgatzons having a term not exceeding the full term of this Agreement
4 3 Automatic Termmation Th~s Agreement shall automattcally terrmnate upon the
occurrence of any of the following events
(a) The tenmnation of the legal existence of the DCHC,
(b) The insolvency of the DCHC, the fihng of a petition in bankruptcy, e~ther voluntarily or
mvoluntanly, or an assignment by the DCHC for the benefit of creditors,
(c) The continuation of a breach of any of the terms or conditions of th~s Agreement by
either the CITY or the DCHC for more than thirty (30) days after wrnten horace of such
breach ~s given to the breaching party by the other party, or
Page 5
(d) The fmlure of the DCHC to submat a financial quarterly report whach complies with the
reporting procedures reqmred hereto and generally accepted accounting pnnclples prior to
the begummg of the next contract term, or quarterly as reqmred by Section 1 3 hereof
4 4 Right to Immediate Termination Upon L~t~gatlon. Notw~thstandang any other prows~on
of flus Agreement, to mitigate damages and to preserve ewdence and issues for judlcml
determmataon, either party shall have the right to tenmnate flus Agreement upon tmmechate
notace to the other party m the event that any person has instituted ht~gatlon concerning the
activities of the non-terminating party, and the terminating party reasonably beheves that
such activities are reqmred or pml~blted under tins Agreement
4.5 In the event that tbas Agreement ~s terminated pursuant to ¶¶4 3 or 4 4, DCHC agrees to
refund any and all unused funds, or fimds determined by the CITY to have been used ~mpropefly,
within 30 days after termination of th~s Agreement
V. GENERAL PROVISIONS
5 1 Subcontract for Performance of Serwees. Nothing m th~s Agreement shall probabit, nor
be construed to prohibit, the agreement by the DCHC w~th another private entity, person, or orgam-
zatlon for the performance of those services described in ¶2 1 above In the event that the DCHC
enters ~nto any arrangement, contractual or otherwise, w~th such other entity, person or orgamzatton,
the DCHC shall cause such other entity, person, or organization to adhere to, conform to, and be
subJeCt to all provaslons, terms, and conditions ofttus Agreement and to TEx T^x CODE ch 351,
including repo~ng reqmrements, separate funds maintenance, and lumtataons and prohibitions
pertmmng to expendature of the agreed payments and hotel tax funds
5 2 Independent Contractor. The DCHC shall operate as an ~ndependent contractor as to all
servmes to be performed under th~s Agreement and not as an officer, agent, servant, or employee of
the CITY The DCHC shall have exelns~ve control of ~ts operations and performance of services
hereunder, and such persons, entitles, or organ~zatmns performing the same and the DCHC shall be
solely responsible for the acts and omissions of its chrectors, officers, employees, agents, and
subcontractors The DCHC shall not be considered a partner or joint venturer w~th the CITY, nor
shall the DCHC be considered nor in any manner hold itself out as an agent or official
representative of the CITY
5 3 Indemmfieatlon. To the extent authorized by law, the DCHC agrees to ~ndemmfy, hold
harmless, and defend the CITY, its officers, agents, and employees from and agtunst any and all
claims or stats for injuries, damage, loss, or habfl~ty of whatever kind or character, arising out of or
~n connection with the performance by the DCHC or those services contemplated by tins
Agreement, meludmg all such elmms or causes of action based upon common, constitutional or
statutory law, or based, m whole or m part, upon allegations of neghgent or intentional acts of
DCHC, its officers, employees, agents, subcontractors, hcensees and lnvltees
5 4 Assignment. The DCHC shall not assign fins Agreement without first obtmnmg the written
consent of the CITY
Page 6
5 5 Not~ce. Any not~ce reqmred to be g~ven under tins Agreement or any statute, ordinance, or
regulation, shall be effective when g~ven m writing and deposited ~n the Umted States mml, ce~fied
mml, return receipt requested, or by hand-dehvery, addressed to the respective parties as follows
CITY DCHC
C~ty Manager Denton County Hlstoncal Commission
C~ty of Denton Courthouse-On-The-Square
215 E McKmney Dr Mary Evelyn Blagg-Huey
Denton, TX 76201 110 W Hickory St
Denton, Texas 76201
5.6 Inurement Tbas Agreement and each prows~on hereof, and each and every right, duty,
obhgat~on, and liability set forth hereto shall be binding upon and ~nure to the benefit and obhgatlon
of the CITY and the DCHC and their respective successors and assigns
5.7 Application of Laws All terms, con&t~ons, and pmv~smns of tins Agreement are subject
to all apphcable federal laws, state laws, the Charter of the C~ty of Denton, all ordinances passed
pursuant thereto, and all judicial determanat~ons relative thereto
5 8 Exclusive Agreement Tbas Agreement contmns the entire understanthng and constitutes
the entire agreement between the part, es hereto concermng the subject matter contained hereto
There are no representations, agreements, arrangements, or understanchngs, oral or written, express
or ~mphed, between or among the paxtles hereto, relating to the subject matter of tlus Agreement,
whtch are not fully expressed hereto The terms and concht~ons of th~s Agreement shall prevml
notw~thstanchng any variance ~n tl~s Agreement fi:om the terms and conditions of any other
document relating to tins transacUon or these transactions
5 9 Dupheate Originals. This Agreement ~s executed in duplicate originals
5.10 Headings. The heachngs and subheadings of the various sections and paragraphs of th~s
Agreement are inserted merely for the purpose of convemence and do not express or imply any
hmltatlon, defimt~on, or extensmn of the specific terms of the section and paragraph so designated
5 11 Severabihty. If any section, subsection, paragraph, sentence, clause, phrase or word in this
Agreement, or apphcatton thereof to any person or c~rcumstance is held ~nvahd by any court of
competent junsdlctton, such holding shall not affect the validity of the remmmng portions of ttus
Agreement, and the part, es hereby declare they would have enacted such remmmng portions despite
any such lnvahd~ty
5 12 Supersedure The part, es agree that thts Agreement replaces and supersedes ~n all material
respects the mutual obhgatlons of the respective parties, as expressed ~n a s~mflar contract for
CY1999, executed on December 8, 1998
P~e7
THE CITY OF DENTON, TEXAS
By JAC~
ATTEST
Ely ~
JENNIFER wALTERS, '
By
CO/kfNTY JUDGE
ATTEST APPROVED AS TO LEGAL FORM
By By
Secretary ~;~CT~~
Page 8
S \Our Documents\Ordmances\01~CHC Kiln2000 doc
AN ORDINANCE APPROVING AMENDMENT NUMBER ONE TO AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE
PAYMENT AND USE OF HOTEL TAX REVENUE 1N SUPPORT OF THE DENTON
COUNTY HISTORICAL COMMISSION, AUTHORIZING THE MAYOR TO EXECUTE
SAME ON BEHALF OF THE CITY, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, on December 7, 1999, pursuant to §351 101 of the Texas Tax Code, the City of
Denton, Texas and Denton County, Texas entered mto an ~nterlocal agreement to use revenue fi.om
the C~ty's mumclpal hotel occupancy tax to promote tounsm and the convention and hotel industry
by advertls~ng and conductmg sohmtat~ons and promotional programs to attract tourists and
convention delegates or reggstrants to the mumclpallty or ~ts wmmty, as well as to engage m
historical restoration and preservation projects and actlwt~es and adverhmng and conducting
sohcltat~ons and promotional programs to encourage tourists and convention delegates to ws~t
preserved lustonc s~tes and museums, and to perform "museum serwces" authorized under
§791 003(3)(F) of the Texas Government Code, Much each party ~s authonzed to perform
md~wdually, and
WHEREAS, the term of said mterlocal agreement expires December 31, 2000, and
WHEREAS, it ~s the desire of both part,es to smd ~nterlocal agreement to extend ~ts term for
another s~x months, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the attached Amendment Number One to the December 7, 1999
Interlocal Agreement between the City of Denton, Texas and Denton County, Texas, a copy of
whmh is attached hereto and made a part hereof, ~s hereby approved, and the Mayor ~s hereby
authorized to execute same on behalf of the C~ty of Denton, Texas, under the terms and
conditions therein stated
SECTION II That this ordinance shall become effective immedmtely upon Its passage
and approval
PASSED AND APPROVED thls the ,~//----~ day of ~.)f~dZ/x'/d//g./..~- ,
2OOl Y f
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
PAGE 2
AMENDMENT NUMBER ONE TO THE DECEMBER 7, 1999 INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY,
TEXAS FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF
THE DENTON COUNTY HISTORICAL COMMISSION
THIS DOCUlVIENT (AMENDMENT) amends the CY2000 AGREEMENT made between
the C~ty of Denton, Texas, a mame~pal corporation (the "CITY"), and County of Denton, Texas, a
governmental entaty ex~st~ng under the laws of the State of Texas, contracting on behalf of its
Denton County H~stoneal Commission (collectively, the "DCHC") by extending the term of the
AGREEMENT for an additional s~x months as set forth hereto
WHEREAS, hotel tax funds hawng prewously been allocated dunng FY98-99 to fund a
similar project dunng CY1999, wtuch was never completed, ~t ~s the ~ntent~on of the part~es that
DCHC perform the same services pursuant to the AGREEMENT that ~t would have performed
pursuant to the superseded agreement for CY1999 and the CY2000 AGREEMENT modified
here~n, and that these services be performed for the same cons~deratlon recited, but not paid, ~n the
superseded CY1999 contract and the CY2000 AGREEMENT modified hereto
NOW, THEREFORE, m consideration of the performance of the mutual covenants and
promises eontmned here~n, and the monetary consideration set forth in the CY2000 AGREEMENT,
CITY and DCHC agree that the CY2000 AGREEMENT ~s hereby modified as follows, and that
any prows~on not specifically modified here~n shall remain as written
Amended Prowslons
1.2 Amounts of Payments
[subsection (a) not amended]
(b) In return for satisfactory performance of the act~wt~es set forth m flus Agreement
and all attachments hereto, the CITY shall pay to DCHC an amount of money equal to the fixed
contract amount of Tlurty-F~ve Thousand Dollars ($35,000)
4 1 Term. The term oftlus Agreement shall commence on January 1, 2000 and termmate at
m~dmght on June 30, 2001 Tins term shall be a period of e~ghteen months
o ,2001
THIS AMENDMENT EXECUTED th~s ~;{ -- day f
THE CITY OF DENTON, TEXAS
EUL1NE BROCK, MAYOR
ATTEST APPROVED AS TO LEGAL FORM
~SE~'~ALTE~S, PROUTY,
CRETARY ~- CITY ATTORNEY
By
ATTEST APPROVED AS TO
*Page 2