HomeMy WebLinkAbout19-1027 DocuSign Envelope ID:F15C7C9C-637D-46DD-937D-2DD4BFFAA1CA
ORDINANCE NO. 19-1027
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 PROGRAM OWNED AND ADMINISTRATED BY
THE UNIVERSITY OF NORTH TEXAS;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the University of North Texas ("UNT") wishes to operate a Bike Share 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 indicated their intent to follow the requirements as outlined in Ordinance
18-277; and
WHEREAS,the City and UNT entered into an Interlocal Cooperation Agreement("ILA")regarding
the Bike Share Pilot Program,as evidenced by Ordinance 18-903, as amended by 18-1188;and
WHEREAS, UNT's Bike Share Pilot Program has been a success and UNT wishes to continue the
program following the expiration date established by the ILA; and
WHEREAS,the City Council finds that continuation of UNT's Bike Share Program is in the public
interest;NOW,THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. 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.
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The motion to approve this Ordinance was made by f
and seconded
by this Ordinance was passed and approved by the
following vote -.Li:
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth,District 1:
Keely G. Briggs,District 2:
Jesse Davis,District 3:
John Ryan,District 4:
Deb Armintor,At Large Place 5:
Paul Meltzer,At Large Place 6:
PASSED AND APPROVED this the day of .2019.
..........
...............
CHRIS WATTS,MAYOR
ATTEST:
ROSA RIOS,CITY SECRETARY
44
BY:
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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STATE OF TEXAS §
COUNTY OF DENTON §
AMENDED INTERLA CAL,COOPERAIION,AGREEMENT BETWEEN
THE UNIVERSITY OF NORTH TEXAS AND
THE CITY OF DENTON
THIS AGREEMENT is made and entered into by and between The University of North
Texas (hereinafter "UNT") 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 continuing a stationless bicycle
share program on UNT property that conforms to the City's bicycle share permit requirements
(hereinafter"Program"); and
WHEREAS, UNT and the City mutually desire to be subject to the provisions of Texas
Government Code Chapter 791,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 terns of the Act;and
WHEREAS, stationless bicycle share programs have proven to be flexible, efficient, and
environmentally friendly transportation options for campuses and cities alike; and
WHEREAS,UNT recognizes the benefits a stationless bicycle share program provides to
the university community, and desires to continue operation of the Program while remaining a
good neighbor to the City; and
WHEREAS,the City,through its City Council,passed Ordinance 2018-277 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,and
WHEREAS, the City, through its City Council, passed Ordinance 2019-LUSI authorizing
the continuation of the bicycle share permit program wich requires stationless bicycle share
operatior to obtain a permit from the City prior to operating within the City right-of-way and
outlining certain restrctions;
NOW THEREFORE,the City and UNT,for the mutual consideration stated herein,agree
and understand as follows:
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WITNESSETH:
I.
This agreement shall be effective as of '�i s i �'� �: ��, and continue unless
terminated by agreement or as provided 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 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 operate the Program for the use and benefit of the
university community.
B. UNT agrees to operate the Program in accordance with this Agreement and the
regulations for bicycle share established in Ordinance 2018-277 and Ordinance 2019-
� ' , including obtaining a permit for operation of the program, the placement of
bicycles on university property, 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 fleet may exceed One Hundred(100).
C. The City agrees that neither it nor Ordinances 2018-277 and 2019- "` 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 bikeshare program established in
Ordinance 2018-277 and continued in Ordinance 2019-i L ^4° governs the use of City
right-of-way related to the Program. The Parties agree that UNT may continue
operations hereunder,pursuant to the other regulations, restrictions, and requirements
of Ordinance 2018-277, or as amended.
E. The Parties agree to conduct annual reviews of the UNT Bike Share Program following
the Spring Semester session,wherein the following information will be considered:
1. The identity of UNT's bike share vendor and current UNT satisfaction
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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.
VI.
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.
VII.
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.
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VIII.
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.
IX.
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.
XI.
This Agreement represents the entire agreement between LINT 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 LINT 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.
XIII.
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
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For UNT: Allen Clark Ed.D.
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.
DocuSign Envelope ID:F15C7C9C-837D-46DD-937D-2DD4BFFAA1CA
Executed this day of l ., 2019.
University of North Texas
1155 Union Circle,#311460
Denton,Texas 76203
By:
Bob Brown,
Senior Vice President
Finance and Administration
The City of Denton
215 E.McKinney Street
Denton,Texas 76201
By:
Todd Hileman,
City Manager
ATTEST:
ROSA RIOS, CITY SECRETARY
a
THIS AGREEMENT HAS BEEN ,
BOTH REVIEWED AND APPROVED
as to financial and operational ,w
obli o �s and business terms. "t '
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Department
Date Signed: 5/15/2019
Dozu Sign Envelope ID:F15C7C9C-837D-46DD-937D-2DD4BFFAA1CA
APPROVED AS TO LEGAL FORM:
By: .� ,. �