HomeMy WebLinkAbout18-1188 ORDINANCE NO, 18-1188
AN ORDINANCE OF THE CITY OF DENTON APPROVING A REVISION TO AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE
UNIVERSITY OF NORTH TEXAS FOR A BIKE SHARE PILOT PROGRAM OWNED AND
ADMINISTRATED BY THE UNIVERSITY OF NORTH TEXAS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the University of North Texas ("UNT") wishes to establish a Bike Share Pilot
Program to provide intra-campus transportation options for students, staff, and faculty; and
WHEREAS, the City of Denton (the "City") passed Ordinance 18-277 establishing a Pilot Permit
Program with specific requirements and regulations stationless bike share operators must follow
to operate within the City; and
WHEREAS, UNT has indicated their intent to follow the requirements as outlined in Ordinance
18-277; and
WHEREAS, the City and UNT entered into an Interlocal Agreement ("ILA") to outline
operating requirements for a Bike Share Pilot Program, which was approved by the City Council
through Ordinance 2018-903; and
WHEREAS, the ILA specifically names Spin as the UNT Bike Share Vendor; and
WHEREAS, Spin has given notice to UNT they will no longer provide logistical support for
stationsless bike share programs; and
WHEREAS, UNT has requested the City to allow UNT to choose a different Bike Share Vendor
for their program and will provide contact information to the City regarding said new vendor;
and
WHEREAS, the City Council finds the revision to the ILA is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
ISECTION l.. The findings and recitations contained in the preamble of this Ordinance
are incorporated herein by reference.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Amended Interlocal Agreement attached hereto as Exhibit A on behalf of the City with UNT and
is further authorized to carry out the rights and duties of the City under the Amended Interlocal
Agreement, including the enforcement of regulations therein.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
Tile mot on to a p mrove this Ordirl nce was n'ut:lc by
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secotided Wit_....__ _. the �� 1�� ' �,'hi(" p b
the 1"ollowilig vote
Aye Nay Abstain Absent
Chris Watts,Mayor:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff,District 3: u
John Ryan, District 4:
Deb Armintor,At Large Place 5:
Paul Meltzer, At Large Place 6: _
PASSED AND APPROVED this the 2018.
day of �� °
t"11 h WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: t �.... �: � ...
f,
APPROVED AS TO LEGAL FORM:
AARON L1,'A1.,, CITY ATTORNEY
BY:
STATE OF TEXAS §
COUNTY ENT §
AMENDED INTERLOCAL COOPERATION AGREEMENT BETWEEN
THE UNIVERSITY OF NORTH TEXAS AND
THE CITY OF DENTON. TEXAS
THIS AGREEMENT is made and entered into by and between The University of North
Texas (hereinafter " ") and the City of Denton, a Texas home rule municipal corporation
(hereinafter "City"). UNT and the City are referred to individually as "Party" and are collectively
referred to herein as "Parties." This Agreement is for the purpose of providing for a stationless
bicycle share pilot program on UNT property that conforms to the City's bicycle share permit
requirements (hereinafter"Pilot"); and
WHEREAS, UNT and the City mutually desire to be subject to the provisions of Texas
Government Code Chapter 71, the Interlocal Cooperation Act, which provides authorization for
a local government to contract with one or more local governments or other state agencies to
perform governmental functions and services under the terms of the Act; and
stationless bicycle share programs have proven to be flexible, efficient, and
environmentally friendly transportation options for campuses and cities alike; and
T recognizes the benefits a stationless bicycle share program would
provide to the university community, and desires to establish a Pilot while remaining a good
neighbor to the City; and
the City, through its City Council,passed Ordinance 201 -277 authorizing a
pilot bicycle share permit program requiring stationless bicycle share operators to obtain a permit
from the City prior to operating within the City right-of-way and outlining certain restrictions,
NOW THEREFORE,the City and UNT, for the mutual consideration stated herein,agree
and understand as follows:
EXHIBIT A
WITNESSETH:
I.
This agreeniew sball be elW -ctive as of & � � ' and continue until May 31,
2019 unless [enninaated by agreement, or as pror idd'herein.
II.
Pursuant to Texas Government Code § 791.011, the Parties hereto agree that the purpose
of the Agreement is to provide for a bike share pilot program on UNT property that conforms to
the City's bike share permit requirements. The Parties further agree that each of them is authorized
to perform the functions and services contemplated under this Agreement.
III.
A. The City agrees to allow UNT to establish a Pilot for the use and benefit of the
university community.
B. UNT agrees to operate the Pilot in accordance with this Agreement and the regulations
for bicycle share established in Ordinance 2018-277, including obtaining a permit for
operation of the program, the placement of bicycles on university property only, the
rebalancing of stray bicycles back to their original location by 7:00 AM each morning,
and the assurance that no more than One Hundred(100)bicycles enter the City right of
way at any time, although the total number of bicycles in the Pilot fleet may exceed
One Hundred (100).
C. The City agrees that neither it nor Ordinance 2018-277 regulates the parking of
additional bicycles on UNT or State of Texas property in and around the UNT campus.
However,the Ordinance does apply to City right-of-way through the campus and UNT
agrees to abide by the bicycle number limitations expressed above regarding City right-
of-way.
D. The City and UNT recognize that the City's program established in Ordinance 2018-
277 is set to expire in September 2018. The Parties agree that UNT may continue
operations hereunder through May 31, 2019, pursuant to the other regulations,
restrictions, and requirements of Ordinance 2018-277, or as amended.
E. The Parties agree to conduct three joint reviews of the UNT Bike Share Pilot Program
following the Summer II, Fall Semester, and Spring Semester sessions, wherein the
following information will be considered:
1. The identity of UNT's bike share vendor and current UNT satisfaction
2. Number of bicycles deployed
3. Specific bicycle trip data
4. Monthly total trip data for the institution in three-hour increments for a 24 hour
period
5. Monthly rebalance statistics
6. Total UNT membership registered with UNT's bike share vendor
7. Percentage of usage between UNT registered members and the general public
8. Monthly accident statistics
9. Notice of any formal notices by UNT to UNT's bike share vendor
10. Semester Report 10 days following close of each semester
11. Annual presentation to City of Denton Mobility Committee
Following each review, the Parties may consider program revisions as necessary.
Any revision or amendment to the agreement must be signed in writing by both
Parties.
IV.
In the performance of their respective duties hereunder, the Parties hereto and their
respective employees and agents,are at all times acting and performing as independent contractors
of each other. No Party will have the authority to act for or bind another Party in any respect or to
incur or assume any expense, debt, obligation, liability, tax, or responsibility on behalf of or in the
name of another Party hereto. UNT agrees and understands that UNT, its employees, servants,
agents, and representatives shall at no time represent themselves to be employees, servants, agents,
and/or representatives of the City. The City agrees and understands that the City, its employees,
servants, agents, and representatives shall at no time represent themselves to be employees,
servants, agents, and/or representatives of UNT.
V.
UNT shall be responsible for the acts,negligence, and/or omissions of all UNT employees,
agents, subcontractors, and/or contract laborers and for all other persons doing work under a
contract or agreement with UNT.
V1.
The City shall be responsible for the acts, negligence, and/or omissions of all City
employees, agents, subcontractors, and/or contract laborers and for all other persons doing work
under a contract or agreement with the City.
VI .
This Agreement is not intended to extend the liability of the Parties beyond that provided
by law.Neither UNT nor the City waive,nor shall be deemed to have hereby waived,any immunity
or defense that would otherwise be available to it against claims made by third parties.
Vill.
The validity of the Agreement and of any of its terms or provisions, as well as the rights
and duties of the Parties hereto, shall be governed by the laws of the State of Texas. Further, this
Agreement shall be performable in Denton County, Texas.
I .
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the Parties hereto that the remaining portions shall remain valid and in full force and
effect to the extent possible.
X
The undersigned officer and/or agents of the Parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto,
and each party hereby certifies to the other that the necessary resolutions extending said authority
have been duly passed and are now in full force and effect.
I.
This Agreement represents the entire agreement between UNT and the City and supersedes
all prior negotiations, representations, and/or agreements, either written or oral. This Agreement
may be amended only by written instrument signed by the governing bodies of both UNT and the
City or those authorized to sign on behalf of those governing bodies.
Xii.
This agreement becomes effective when signed by the last party whose signing makes the
respective Agreement fully executed.
Xill.
This Agreement may be terminated by written agreement of the Parties.
XIV.
Any written notice that may be necessary under this Agreement shall be delivered certified
mail, return receipt requested, to the respective parties addressed as follows:
For City: Todd Hileman
City Manager
215 E. McKinney Street
Denton, Texas 76201
City Copy to: Aaron Leal
City Attorney
215 E. McKinney Street
Denton, Texas 76201
For LINT: Allen Clark Ed. .
Associate Vice President
Information Systems & Transporation Services
University of North Texas
1155 Union Circle, #311460
Denton, Texas 76203
UNT Copy to: Alan Stucky
Senior Associate General Counsel
University of North Texas System
University of North Texas
1155 Union Circle, #311460
Denton, Texas 76203
XV.
The undersigned officer and/or agents of the Parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto,
and each party hereby certifies to the other that any necessary resolutions extending said authority
have been duly passed and are now in full force and effect.
Executed this day of 2018.
University of North Texas
1155 Union Circle, #311460
Denton, Te w s 76203
By:
Bob.�Bro...� ...,................. —
_
Senior Vice President
Finance and Administration
The City of Denton, Texas
215 E. McKinney Street
Denton, Texas 76201
y: ................ ----------------_________________-
Todd Hileman,
City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: 41rL4,1................
THIS ,MFFM 'HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
............ ...........
Ti le
^ ». :: 'r _?__ ''__________..........._........
Department
Date Signed:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY