HomeMy WebLinkAbout2004-229S Our umm�N me \TWLL9 Sm-hd Yeard
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WOMAN'S UNIVERSITY
TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE FOR TWU STUDENTS,
STAFF AND FACULTY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Texas Woman's University ("TWU") and the City have entered into an
Interlocal Agreement effective September 1, 2002 to provide to TWU's students, staff and faculty
motor carrier passenger service based on an annual fee (the "Existing Agreement"); and
WHEREAS, on September 1, 2003 the CITY and TWU amended and extended the Existing
Agreement for a second year; and
WHEREAS, the City and TWU desire to amend and extend the Existing Agreement for third
year; and
WHEREAS, the City Council finds that such service is in the public interest; NOW,
THEREFOR;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Mayor, or in her absence the Mayor ProTem, is hereby authorized to
execute an Interlocal Agreement between the City of Denton and TWU to extend the Existing
Agreement to provide for motor carrier passenger service for TWU students, staff, and faculty, in
substantially the form of the copy of the agreement attached hereto and incorporated by reference
herein.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval. ✓�y�
PASSED AND APPROVED this the /' — day of u 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
WM
APPRWED AS TO LEGAL
HERBERT L. P , C�IT
BY:�/ /
EMRLOCAL AGREEMENT
THIS AGREEMENT is made and entered into to be effective as of the 1st day of
September, 2004, by and between the CITY OF DENTON, a Texas municipal corporation,
hereinafter referred to as CITY and TEXAS WOMAN'S UNIVERSITY, a Texas State
University, hereinafter referred to as TWU.
WHEREAS, the CITY provides mass transportation passenger motor carrier service
within the city limits of the CITY under the name'%RW'; and
WHEREAS, the CITY and TWU entered into that certain Interlocal Agreement dated
effective September 1, 2002 to provide for off -campus passenger motor carrier service for its
students, staff and faculty (the "Existing Agreement'); and
WHEREAS, on September 1, 2003 the Crl'Y and TWU amended and extended the
Existing Agreement for a second year, and
WHEREAS, the CITY and TWU desire to amend and extend the Existing Agreement for
a third year under the terms and conditions contained herein; and
WHEREAS, all payments for services under this agreement are made from current
revenues of the paying party and fairly compensate the performing party for the services provided
for herein; and
WHEREAS, this Intmlocal Agreement is in the public interest;
NOW, THEREFORE, CITY and TWU, in consideration of the mutual covenants
hereinafter expressed, agree as follows:
�i5:1 a
1.0 This agreement amends and extends the Existing Agreement to be effective September 1,
2004 through August 31, 2005 (the 'Third Year"). The fee for the bus service for the
Third Year will be increased to $10,080, based on increased ridership. The fee is based
on a projection of 14,400 tides at $0.70 per ride. The Fee will be paid in two equal
installments, the first installment to be paid to the CITY no later than 30 days after TWU
has been notified in writing that this agreement has been approved by the City Council
The second installment is to be paid no later than February 15, 2005. Should the total
number of rides be greater than 120% or less than 801/6 of 14,400 the Fee will be
increased or reduced by $0.70 per ride over or under 14,400, as the case may be (the
"Adjust n r in. The Adjustment, if any, will be paid or reimbursed no later than October
31, 2005. The CITY will provide written records justifying and supporting the
Adjustment no later than September 30, 2005. Should a termination of this agreement
occur under Article Two of the Existing Agreement, then TWU will be entitled to a
prorated reimbursement for the portion of the agreement unfulfilled
1.2 All other terms of the Existing Agreement not amended by this agreement shall remain in
full force and effect.
Signed to be effective the 1 st day of September, 2004.
CITY OF DENTON, TEXAS
BY: &I'kt. A"t
Wine Brock, Ili'
ATTEST: (J
JENNIFER WALTERS,CITY SECRETARY
BY:
Ill' ::1• ��+ !� •'
M
TEXAS WOMAN'S UNIVERSITY
BY:
Brenda Floyd
Vice President for
Finance & Administration
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