HomeMy WebLinkAboutR2005-028S:\Our Documents\Rcsolutions\05\ICA DCTA-Link Rcso 2.doe
RESOLUTIONNO,1)2tJ05-02f3
A RESOLUTION OF INTENT OF THE CITY OF DENTON, TEXAS, TO ENTER INTO AN
INTERLOCAL COOPERATION AGREEMENT FOR THE SALE AND PURCHASE OF
ASSETS RELATED TO LINK PUBLIC TRANSPORTATION SERVICE FROM THE CITY
OF DENTON TO THE DENTON COUNTY TRANSPORTATION AUTHORITY; AND
PROVIDING AN EFFECTIVE DATE,
WHEREAS, the City of Denton and the Denton County Transportation Authority are
authorized by law to purchase and sell assets, including rolling stock; and
WHEREAS, the City of Denton desires to sell all assets related to LINK public
transportation service and the Denton County Transportation Authority desires to purchase all
such assets; and
WHEREAS, the agreed,upon price for the asset sale and purchase is $233,000; and
WHEREAS, both parties intend to enter into an interlocal cooperation agreement (lCA)
detailing the terms and conditions of the asset sale and purchase no later than September 30,
2005; and
WHEREAS, prior to execution of the ICA, the Denton County Transportation Authority
is in need of the use of the assets currently owned by the City of Denton in order to continue to
provide UNT campus shuttle services beginning August 21, 2005, and the City of Denton agrees
to allow the use of all necessary rolling stock for such service prior to completion of the asset
sale and purchase ICA; and
WHEREAS, prior to execution of the ICA, the City Council of the City of Denton
believes it is in the public interest to agree to continue to provide, pursuant to the existing
Agreement between the parties dated September 7, 2004, fuel, facilities, utilities and all other
equipment and services necessary for the LINK public transportation and UNT campus shuttle
operations to the Denton County Transportation Authority or its service contractor; and
WHEREAS, once the ICA is executed, the City Council understands that the Denton
County Transportation Authority will agree to maintain all applicable and necessary insurance
coverage for the newly acquired assets, including rolling stock; and
WHEREAS, once the ICA is executed, the City Council deems it is in the public interest
for the City of Denton to transfer all applicable titles and ownership records, as well as assign the
federal and/or state grant interest, to the Denton County Transportation Authority; NOW,
THEREFORE,
S:\Our Documents\Resolutions\05\IC^ DCT^-Link Reso 2.doe
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I, That the findings set forth in the preamble of this Resolution are
incorporated by reference into the body of this Resolution as if fully set forth herein,
SECTION 2, That the City of Denton and the Denton County Transportation Authority
are authorized to continue to negotiate and complete the sale and purchase agreement related to
all assets associated with LINK public transportation service,
SECTION 3, That the Denton County Transportation Authority is authorized to use of
all necessary rolling stock related to LINK public transportation service until the Denton County
Transportation Authority and the City of Denton have completed negotiations and agreed to the
terms of the Interlocal Cooperation Agreement transferring all LINK assets,
SECTION 4, That the City Council expresses its intent to approve the Interlocal
Cooperation Agreement and to authorize the Mayor of the City of Denton to execute the
Agreement in the name of the City of Denton after it is approved as to form by the City Attorney
and the parties agree to its terms,
SECTION 5, That this Resolution is contingent on the Chairman of the Denton County
Transportation Authority being authorized to execute the lnterlocal Cooperation Agreement in
the name of the Denton County Transportation Authority by appropriate action of the Denton
County Transportation Authority's Executive Board,
SECTION 6, This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ;2.r;,-;-lLdayof quJ'r ,2005,
JucL
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED AS TO LEGAL FORM:
EDWIN M, SNYDER, CITY ATTOR
BY:
Page 2 of3
S:\Qur Documents\Resolutions\05\ICA DCTA-Link Reso 2.doc
I hereby certify that this resolution was adopted by the Executive Board of the Denton County
Transportation Authority on July 28,2005,
F, Charles Emery, Chairman
Denton County Transportation Authority
Page 3 of3
J;' Stfo9~RT~!ger
July 29,2005
RIDER SCOTT
Direct Dial: 469.287.3929
rider.scott@strasburger.com
Jennifer Walters
City Secretary
City of Denton
215 E. McKinney Street
Denton, TX 76201
RE: Resolution 59-05 as Adopted by the Board of Directors of the Denton CoLlnty
Transportation Authority
Dear Ms. Walters:
Enclosed please find a duplicate original of Resolution 59-05 "A Resolution of
Intent of the City of Denton, Texas, to Enter into an Inter/ocal Cooperation Agreement
for the Sale and Purchase ofAssets Related to LINK Public Transportation Service from
the City of Denton to the Denton County Transportation Authority; and Providing an
Effective Date."
The Resolution was adopted during the regularly scheduled Board of Directors
meeting on July 28, 2005. An original has been retained by the Denton County
Transportation Authority for its records.
Sincerely yours,
Rider Scott
RS/lpf
Enclosure
cc: J. Hedrick, ED. (w/o encl.)
783984.1/SP3J13144/0100/072905
2801 Network Boulevard, Suite 600 . Frisco, Texas 75034 . 469.287.3900 tel. 469.287.3999 fax. . www.strasburger.com
Strtl\hurger 6 Price, UP
t\lJsUn . Collin County . Dollos . Hou~ton . San Antonio . Washinglon n.c.
Strmburger fi Prke, SC - Mexico CitlJ
RESOLUTION NO. ~~ -oS
A RESOLUTION OF INTENT OF THE CITY OF DENTON, TEXAS, TO ENTER INTO AN
INTERLOCAL COOPERATION AGREEMENT FOR THE SALE AND PURCHASE OF
ASSETS RELATED TO LINK PUBLIC TRANSPORTATION SERVICE FROM THE CITY
OF DENTON TO THE DENTON COUNTY TRANSPORTATION AUTHORITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton and the Denton County Transportation Authority are
authorized by law to purchase and sell assets, including rolling stock; and
WHEREAS, the City of Denton desires to sell all assets related to LINK public
transportation'service and the Denton County Transportation Authority desires to purchase all
such assets; and
WHEREAS, the agreed-upon price for the asset sale and purchase is $233,000; and
WHEREAS, both parties intend to enter into an interlocal cooperation agreement (lCA)
detailing the terlns and conditions of the asset sale and purchase no later than September 30,
2005; and
WHEREAS, prior to execution of the ICA, the Denton County Transportation Authority
is in need of the use of the assets currently owned by the City of Denton in order to continue to
provide UNT campus shuttle services beginning August 21,2005, and the City of Denton agrees
to allow the use of all necessary rolling stock for such service prior to completion of the asset
sale and purchase ICA; and
WHEREAS, prior to execution of the ICA, the City Council of the City of Denton
believes it is in the public'interest to agree to continue to provide, pursuant to the existing
Agreement between the parties dated September 7, 2004, fuel, facilities, utilities and all other
equipment and services necessary for the LINK public transportation and UNT campus shuttle
operations to the Denton County Transportation Authority or its service contractor; and
WHEREAS, once the ICA is executed, the City Council understands that the Denton
County Transportation -Authority will agree to maintain all applicable and necessary insurance
coverage for the newly acquired assets, including rolling stock; and
WHEREAS, once the ICA is executed, the City Council deems it is in the public interest
for the City of Denton to transfer all applicable titles and ownership records, as well as assign the
federal and/or state' grant interest, to the Denton County Transportation Authority; NOW,
THEREFORE,
io
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the findings set forth in the preamble of this Resolution arc
incorporated by reference into the body of this Resolution as if fully set forth herein.
SECTION 2. That the City of Denton and the Denton County Transportation Authority
are authorized to continue to negotiate and complete the sale and purchase agreement related to
all assets associated with LINK public transportation service.
SECTION 3. That the Denton County Transportation Authority is authorized to use of
all necessary rolling .stock related to LINK public transportation service until the Denton County
Transportation Authority and the City of Denton have completed negotiations and agreed to the
terms ofthe Interlocal Cooperation Agreement transferring all LINK assets.
SECTION 4. That the City Council expresses its intent to approve the Interlocal
Cooperation Agreement and to authorize the Mayor of the City of Denton to execute the
Agreement in the name of the City of Denton after it is approved as to form by the City Attorney
and the parties agree to its terms.
SECTION 5. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this 28th day of July 2005.
ATTEST:
2r~taP~..
APPROVED AS.TO AORM:191 ~
Rider Scott, General Counsel
Th~ Denton County Transportation Authority in acting on Resolution No. 59-05, did on the
28 day of July, 2005 vote as follows: .
Charles Correll
FOR AGAINST
Charles Emery
Randy Hunt
Van James
783S55.21SP3/13144/0100/072805
Skip Kalb ./
Mike Leavitt ./
Doug Peach V
Jason Pierce
Joseph O. Roy V
Paul Ruggiere v'
Tom Spencer ,/
Fernando Villarreal >/
Bill Walker ./
733855.21SP3/13144/0100/072805