HomeMy WebLinkAboutResolution No. 2017-021 CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2017- A 2.J
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
DESIGNATING THE DALLAS MORNING NEWS, AS THE
OFFICIAL NEWSPAPER FOR TIIE CITY; PROVIDING AN
EFFECTIVE DATE
WHEREAS, the Texas Local Government Code, Section 52.004, requires the
governing body of a municipality to annually designate a public newspaper of the city as
the official newspaper for official publications; and
WHEREAS, The Colony City Council finds that the Dallas Morning News is a
publication that meets the criteria legally required of an officially designated newspaper
as stated by the Texas Government Code Section 2051.044.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby .
designates the Dallas Morning News as the official newspaper of the City of The Colony
for publication of ordinances, public notices and other matters required by the state law.
Section 2. The City Manager is hereby authorized to execute a contract with
the Dallas Morning News for the period of March 1, 2017 through February 28, 2018, as
attached in Exhibit A.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 7`1' day of March, 2017.
J McCourry, Mayor
ity of The Colony, Texa
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Tina Stewart, TRMC ,,�`�V�.� •.O'-
City Secretary •_� •: ��
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APPROVED AS TO FORM: - s
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Jeff More City Attorney
Category: (LEGAL) th
Contract DateMi2:011 ,?
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Rate card Year:2017 DVC
ADVERTISING CONTRACT
PRIMARY CbNTRACT TYPE— (select one only)
. TDMN Al Dia Other
Online Briefing
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Advertiser Name: City of The Colony Account Number: 100008787
Dallas Morning News - Classified Le•al Rates 1017
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DV$3,000 Annually 5.50 35.00 Lirrer145 00 DispI 0 91
`All liners and display ads will be posted online at DallasNews.com for 7 days.
Hereinafter referred to as Advertiser hereby contracts with DMNmedia,an assumed name of The Dallas Morning News
(hereinafter"DMNinedia")for consumption of not less than$3,000 of advertising through the use Classified
advertising to be published within 12 months.The term of this agreement is for the period beginning Maiieh,l,2017 and
February 28,201S,
Dallasnews corn expenditures revenues count toward the fulfillment of TDMN dollar volume contracts unless otherwise
stipulated.
Such advertising to pertain solely to the business of the Advertiser as now conducted,for which the Advertiser agrees to
pay at the office of DMNmedia at Dallas,Texas,in accord with the rates pa designato(by ratecard and/orApbefdix A.
If,for any reason,including suspension of business-of Advertiser,less insertions than that contracted for herein is used
by Advertiser,and by reason of such fact Advertiser fails to earn rates specified herein,Advertiser agrees that all space
used under this contract shall be computed according to the published schedule of rates in effect at date of this contract
and hereby agrees to pay Publisher,immediately,whatever amount such computation may show to be due publisher.
This agreement applies to any discontinuance of the advertising,whether at the instance of the Advertiser or of the
Publisher Such amount will be due and payable immediately upon receipt of the invoice.
The entire contract is expressed on the face hereof and in the additional Further Conditions&appendices on the back
hereof and no verbal agreements,provisions or conditions exist with respect thereto
Signed:
DMNmedia,an assumed name of City of The Colony
The Dallas Mornina,News,Yne. 6800 Main Street
S08'YounitSt The Colony,TX 75056
PnniN �t
Dallas TX.75202
Print Name: vndaBlack40
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Date: Du/,y lJ" y Date: 2 ' S ' 1 1
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APPENDIX B
FURTHER CONDITIONS OF THIS CONTRACT
1 Publisher reserves the right to edit or reject any advertising tendered under this contract.
2. Payment by Advertiser,denominated in U.S.Dollars,must be made in Dallas,Texas,and shall be made not later than the 20th of the month
for space billed in the preceding calendar month.Publisher and Advertiser agree that this contract is performable in Dallas County,Texas and
shall be governed and construed in accordance with Texas law
3. Publisher's rates in this contract are based on_an assumed classification for the advertising being placed.If at any time Publisher determines
'that the advertising being placed does not qualify for the rates set forth,then Publisher shall notify Advertiser that any further inserts run
pursuant to this contract shall be run at a revised rate.Advertiseragrees to pay Publisher the revised rate for any insertions run after Advertiser
has received notice that the rate has been revised and the amount of the revised rate.If Advertiser chooses not to pay the revised rate,then
Advertiser must advise Publisher before any additional insertions are run.If Advertiser gives notice to Publisher that Advertiser will not pay
the revised rate,then this contract shall be terminated,and the parties shall have no further liability to each other except for amounts owing for
advertising run prior to Publisher's receipt of such notice from Advertiser. Upon contract termination,all advertising will be billed at the
appropriate rate card rates
4. Advertisements are to be inserted in accordance with the Publisher's rules of composition,position,and shape.
5. If Advertiser requests a specific position'for the advertisement,then Advertiser agrees to pay the rate for such specific position provided the
position is available Publisher is not required to accommodate a request for a specified position.If a specified position requested by
Advertiser is not available,then Publisher may position the copy in any position according to the Publisher's rules of composition,position,
and shape,and Advertiser agrees to pay the applicable rate of any copy printed in other than the specified position unless Publisher is notified
in writing by Advertiser that the copy as to be printed only in the specified position.,
6. If Advertiser fails to make payment of undisputed sums as agreed,then Publisher and Advertiser agree that Publisher may at any time
terminate this contract.Termination of the contract shall in no way affect the obligation of Advertiser to pay undisputed amounts due at the
time of termination.
7. In case of omission or error by Publisher in an advertisement,Publisher shall not be liable for damages.Advertiser's sole remedy shall be that
Advertiser shall not be liable for the entire cost of the advertisement. Publisher will determine,in its sole discretion,the percentage of
effective cost due to error and reduce the entire cost of the advertisement by this'percentage amount or offer replacement ad equal to the
percentage amount.
8 Advertising running consecutively will be carried until Advertiser notifies Publisher in,writing that copy will be changed or the advertisement
will be suspended.
9 in the event of a default or other breach of this contract by either party,the prevailing party shall be entitled to recover attorney's fees and
Costs
10. While this contract is in effect,should any conditions arise that affect the cost of newspaper operation,such as imposition by government of a
sales tax or increased material or production costs,Publisher reserves the nght to increase the advertising rates named on the reverse side of
this page or incorporated into this page by reference. In such event,however,Publisher must give Advertiser at least thirty(30)days notice of
the increase,and if such increase is not satisfactory to Advertiser,then Advertiser may terminate this contract.
11. Advertiser represents and warrants that the matenal provided by Advertiser for publication in accordance with this contract is true,accurate,
and correct and does not infringe or otherwise violate the copyright,trademark,service mark,or other intellectual property rights,or rights of
pnvacy or publicity,of any third part.To the extent allowed by law, Advertiser agrees to indemnify,defend,and hold harmless Publisher,its
parent company and affiliates and each of their directors,officers,agents,and employees from and against-all claims,exposure,liability,loss,
or damage,including reasonable attorneys'fees,alleged to be caused by or arising wholly or in part from the publication of Advertiser's
material This indemnification shall not apply to willful misconduct by any employee of Publisher.
12. This contract is made and entered into under Publisher's current published schedule of rates in effect on the date of this contract,and by
reference such schedule is expressly made a part of this contract.Advertiser assumes responsibility for being knowledgeable about such
current published schedule of rates,and Advertiser shall be deemed to know such current published schedule of rates.
13 Advertiser agrees to submit to Publisher,in writing,all claims of errors in the statement of account submitted by Publisher within thirty(30)
days of the billing date.All such claims not submitted within thirty(30)days shall be considered waived.
14. if Publisher's"Application for Credit"form has been completed and submitted by Advertiser in connection with this contract,then Advertiser
warrants that the information contained in that application is true,accurate,and correct and agrees that the making of any false statements in
that application constitutes a material breach of this contract.
15 Any"Application for Credit"form executed by Advertiser is part of this contract'and incorporated into this contract fully by reference.
16 Advertiser,and the person,if any,signing on Advertiser's behalf,warrants that he or she has the authority to make and sign this contract.
17 Advertiser agrees to immediately notify Publisher in writing of any change in ownership of Advertiser's business operation The Advertiser
further agrees to assume liability for and make payment of all advertising published pursuant hereto in the event Advertiser's business is sold,
merged,or otherwise transferred,until such time as a contract is entered into between Publisher and the new owner.
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APPENDIX A
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I•tn-sion 040212