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HomeMy WebLinkAbout2002-253FILE REFERENCE FORM 2002-253 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(5) Date Initials Amended by Ordinance No. 2003-367 11/04/03 JR 5 Wur DxumeoLLWNiomwW3LLiok-TN'U-Biu SwimID Yws ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WOMANS UNIVERSITY TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE FOR TWU STUDENTS, STAFF AND FACULTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Womans University ("TWU") has requested that the City provide to its students, staff and faculty motor carrier passenger service based on an annual fee; 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 provide for motor carrier passenger service for TWU students, staff, and faculty, in substantially the form of the copy of the agreement which is attached hereto and incorporated by reference herein. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the cM6fday of , 2002. EULINE BROCY, MAYOR ATTEST: JENNIFER W+ALTERS,,, CITY SECRETARY BYQn�rcJ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY. CITY -ATTORNEY M k INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered to be effective as of the 1" day of September 2002, 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 on fixed routes under the name "LINK"; and WHEREAS, TWU desires to enter into an agreement with the CITY to provide for passenger motor carrier service for its students, staff and faculty; 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 Interlocal Agreement is in the public interest; NOW, THEREFORE, CITY and TWU, in consideration of the mutual covenants hereinafter expressed, agree as follows: ARTICLE ONE 1.0 TWU agrees to pay the CITY an annual fee provided in section 1.1 below to allow for TWU student, staff, and faculty ridership. In exchange, the CITY shall permit all TWU students, staff, and faculty to ride on the CITY's system as outlined on the most current system map, on an unlimited basis by displaying a valid TWU student, staff or faculty identification to the LINK's bus drivers upon entering a bus. ,The current system map shall include at a minimum, the bus stops on TWU campus shown on Exhibit "A" attached hereto and made a part hereof by reference. 1.1 The term of this agreement shall be for one year commencing on September 1, 2002 and ending on August 31, 2003. The fee shall be in the sum of $7,200.00 due and payable no later than October 15, 2002. At the end of the term of this agreement, the program shall be reviewed for consideration of a future agreement. Page 1 of 3 CAWINDOWS\TEMP\TWU Intedocai 03.doc ARTICLE TWO Notwithstanding anything contained herein to the contrary, any party to this agreement may terminate this agreement with or without cause by giving the other parties written notice of such termination at least 30 days, at which point termination shall become effective at the end of the 30 days. ARTICLE THREE 3.0 This agreement represents the entire and integrated agreement between CITY, and TWU and supercedes all prior negotiations, representations and/or agreements, either written or oral, and supercedes all provisions in the Transit Agreement to the extent of conflict. This agreement may be amended only by written instrument signed by both parties. 3.1 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 k4day of 2002. TEXAS WOMAN'S UNIVERSITY -/A 6 � � W Brenda Floyd, Vice Pr Ident for Finance & Administration Page 2 of 3 CITY OF DENTON By: A"I'- Euline Brock, Mayor ATTEST: B Je r Waite , City Secretary FORM: By: - -Herbert L. Pr6uty, City Attorney CAWINDOWS\TEMP\TWU Intal a l03.dw gyp° RR pZ yymy ^I_J p iTri c� m O m m Ur^I W ~ l0 mTp O U p� p �L-J ED 3N m o s in n— m y N q� 0 t i 2 m m N= p v m a ! 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