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HomeMy WebLinkAbout2004-229 S:+Our DxumwtsZrdinnn c"4\TWU-Bus Scrvi—hd Yeu.doc ORDINANCE NO. © ` 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. PASSED AND APPROVED this the J day of 52004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, ITY SECRETARY BY: 'AW J,===�� � APPR ED AS O LEGAL FO . HERBERT L. P , CIT TORNEY BY: �'� s0orDDazMnd0Ka49WAftVV 0�204� 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'TIN ";and WHEREAS, the CITY and TWU entered into that certain Interlocal Agreement dated effective September 1, 2002 to provide for oil campus passenger motor carrier service for its students, staff and faculty(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 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 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 This agreement amends and extends the Existing Agreement to be effective September 1, 2004 through August 31, 2005 (the "Third Year"J. 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 rides 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 80% 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 "Adjustment'). 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. Z'/'A J-- Euline Brock, Mr ATTEST: (J JENNIFER WALTERS CITY SECRETARY APPROVED AS TO FORM: HER 3ERT L P ATTORNEY BY: TEXAS WOMAN'S UNIVERSITY BY: Brenda Floyd Vice President for Finance&Administration PAQE2