The URL can be used to link to this page

Home My WebLink About1998-115FILE REFERENCE FORM 98-115 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Late iwua►s Amended by Ordinance No. 99-217 06/15/99 JR p Wju Wp\LLGL\Our WcummYWNmunWa\TWU FoUnaffi Rm PwLum doo ORDINANCE NO 90 -10' AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND TEXAS WOMAN'S UNIVERSITY TO PROVIDE FUNDING FOR THE CONSTRUCTION OF OFF-STREET PARKING TO REPLACE PARKING LOST BY THE EXPANSION OF U S HIGHWAY 380 AND A JOGGING TRAIL, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT, APPROVING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves the Interlocal Agreement attached hereto, beTtween the City of Denton and Texas Woman's University to provide funding for the construction of off-street parking, to replace parking lost by the expansion of U S Highway 380 and a Jogging Trail, and authorizes the Mayor to execute said Interlocal Agreement SECTION II That the City Council authorizes the expenditure of funds in the manner and amount specified in the Interlocal Agreement SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the "#1 day of Y _, 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY ROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY T INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into this 28's day of April, 1998, by and between the CITY OF DENTON, a Texas municipal corporation, hereinafter referred to as CITY, and TEXAS WOMAN'S UNIVERSITY, a state -supported university organized and existing pursuant to the laws of the State of Texas, hereinafter referred to as TWU WHEREAS, CITY and TWU mutually desire to be subject to the provisions of V T C A Government Code, Chapter 791, the Interlocal Cooperation Act, for the purpose of constructing parking and recreational facilities to be used by both students, faculty and administration of TWU and citizens of the CITY WHEREAS, the Texas Department of Transportation, with matching funds contributed by the CITY, is expanding U S Highway 380 adjacent to TWU, and WHEREAS, this expansion project will result in the elimination of parking spaces on the TWU Campus and result thereby in congested parking on neighboring CITY streets, and WHEREAS, students, faculty and administration of TWU and citizens of the CITY formerly utilized a Jogging Trail at TWU which has been displaced by expansion at TWU, and WHEREAS, CITY and TWU desire to reduce congestion on CITY streets in the vicinity of TWU by constructing additional off-street parking, and WHEREAS, CITY and TWU desire to expand the recreational activities available to patrons of these two entities by constructing a Jogging Trail, NOW, THEREFORE, CITY and TWU, in consideration of the mutual covenants hereinafter expressed, agree as follows ARTICLE ONE 10 The 132 Parking Spaces to be constructed pursuant to this agreement, hereinafter referred to as "Parking Facilities", shall be located at such location as is designated by TWU and approved by CITY within 90 days of the approval of this agreement by the parties The Jogging Trail to be constructed pursuant to this agreement, hereinafter referred to as "Trail", shall be located at such location as is designated by TWU and approved by CITY within 5 years of the approval of this agreement by the parties CITY agrees its approval shall not be unreasonably withheld 1 1 CITY shall furnish, except as maybe otherwise provided herein, at CITY's own cost and expense, all labor, services, material and work for the construction and completion of the work necessary for the construction of the parking facilities proposed within this Agreement 12 TWU shall furnish, except as maybe otherwise provided herein, at TWU's own cost and expense, all labor, services, material and work for the construction and completion of the work necessary for the construction of the Trail proposed with this agreement 2 - Interlocal Agreement - City of Denton & TWU April, 1998 13 CITY shall construct the parking facilities in conformance with the plans and specifications used by the CITY in constructing parking facilities within the CITY The proposed plans and specifications for the parking facilities will be submitted to TWU for its review and approval prior to beginning construction TWU agrees that its approval shall not be unreasonably withheld 14 TWU shall construct the Trail in accordance with plans and specifications that provide for an artificial surface The proposed plans and specifications for the Trail will be submitted to the CITY for its review and approval prior to the letting of the construction contract for bid CITY agrees that its approval shall not be unreasonably withheld ARTICLE TWO 20 The CITY agrees to contribute One Hundred and Thirty Thousand ($130,000 00) Dollars toward the construction of the Trail or actual construction cost of the Trail, whichever is less The above compensation shall be payable upon written notice to CITY of the posting of the agenda for the meeting of the Board of Regents at which the award of the bid for the construction of the Trail is scheduled for action This contribution is contingent on the award of the bid for the construction of the Trail within five (5) years of the execution of this contract by the parties ARTICLE THREE 30 The CITY, in behalf of its citizens, shall be entitled to use the Trail, with access to appropriate off-street parking facilities not to exceed 30 parking spaces, when available, between sunrise and sunset on each and every day after the Trail has become operational, when scheduled classes, athletic events or practices administered by TWU are not being held, for a period of at least five (5) years The University reserves the right to prohibit certain persons from coming upon the Trail or any other portion of the campus under the provisions of state law The Trail will be considered operational when the general contractor for the construction of the Trail has been released by TWU from further responsibility under its contract other than warranty work 3 1 Should the Joint use of the Trail by CITY and TWU as prescribed in Section 3 0 of this Agreement be terminated by TWU before the end of the five (5) years Joint use period, it is expressly understood and agreed that TWU will tender to CITY one -fifth (115) of the CITY's contribution for the Jogging Trail for each year that should have been remaining of the five (5) years Joint use period 32 Should the Trail proposed by TWU be lighted then CITY may use the Trail between sunset and 10 00 p in each and every day during said five (5) year use period upon the monthly payment to TWU of the CITY's proportional share of the cost of the lighting for CITY activities between sunset and 10 00 p in at times when classes, athletic events and practices are not administered by TWU 3 - Interlocal Agreement - City of Denton & TWU April, 1998 33 The City is making payment for the governmental services provided by TWU herein from available current funds, the funds provided are adequate for the services provided ARTICLE FOUR 40 This agreement represents the entire and integrated agreement between CITY and TWU and supersedes all prior negotiations, representations and/or agreements, either written or oral This agreement may be amended only by written instrument signed by both parties ARTICLE FIVE 50 Each provision and clause required by law to be inserted in this contract shall be deemed to be so inserted and the contract shall be read and enforced as though each were included If through mistake or otherwise any such provision is not inserted or is not correctly inserted, the contract shall be amended to make such insertion on application of either party 5 1 It is understood and agreed by the parties that if any part, term, or provision of this contract is held by the courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular part, term, or provision held to be invalid Signed this 28' day of April, 1998 TEXAS WOMAN UNIVERSITY By A Brenda L Floyd Vice President for Finance & Administration ATTEST ecr tary, Texas Woman's University State of Texas APPROVED AS TO LEGAL FORM John Lawhon, General Counsel CITY OF DENTON By Jack 610 Mayor TTES rC t Secreta , C of Denton Denton County, Texas APPROVED AS TO LEGAL FORM Herbert L Prouty, CityAttorney By zn 6/i