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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