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1998-115FILE REFERENCE FORM I 98-115 I Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Amended by Ordinance No. 99-217 06/15/99 )l~ ORDINANCENO q ' AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND TEXAS WOMAN'S UNIVERSITY TO PROVDE FUNDING FOR THE CONSTRUCTION OF OFF-STREET PARKING TO REPLACE PARKING LOST BY THE EXPANSION OF U S HIGHWAY 380 AND A JOGGING TRAIL, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT, APPROVING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTWE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves the Interlocal Agreement attached hereto, between the City of Denton and Texas Woman's Umvemty to provide funding for the construction of off-street parl~ng, to replace parkang lost by the expansion of U S Highway 380 and a Jogging Trml, and authorizes the Mayor to execute smd Interloeal Agreement SECTION II That the City Council authorizes the expenchture of funds ~n the manner and amount specified m the Interlocal Agreement SECTION III That this ordinance shall become effective immediately upon its passage and approval ATTEST JENNIFER WALTERS, CITY SECRETARY '' ~ A~ROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY INTERLOCAL AGREEMENT THIS AGREEMENT ~s made and entored ~nto th~s 28t~ day of April, 1998, by and between the CITY OF DENTON, a Texas mumcipal corporation, hereinafter referred to as CITY, and TEXAS WOMAN'S UNIVERSITY, a state-supported umvers~ty organized and existing pursuant to the laws of the State of Texas, hereinafter referred to as TWU WHEREAS, CITY and TWU mutually desire to be subject to the provisions ofV T C A Government Code, Chapter 791, the Interloeal Cooperation Act, for the purpose of constructing parlong and recreational facilities to be used by both students, faculty and admanstration of TWU and citizens of the CITY WHEREAS, the Texas Department of Traasportation, with matching funds contributed by the CITY, is expanding U S Highway 380 adjacent to TWU, and WHEREAS, this expansion project w~ll result m the elimination of parking spaces on the TWU Campus and result thereby m congested parking on neighboring CITY streets, and WHEREAS, students, faculty and adnumstration of TWU and emzens of the CITY formerly utilized a Jogging Trail at TWU which has been displaced by expansmn at TWU, and WHEREAS, CITY and TWU desire to reduce congestion on CITY streets m the wcimty of TWU by construettng additional off-street parking, and WHEREAS, CITY and TWU desire to expand the recreational act~vities available to ps, runs ofthase two entities by construetmg a Jogging Trail, NOW, THEREFORE, CITY and TWU, in consideration of the mutual covenants heremafter expressed, agree as follows ARTICLE ONE 1 0 The 132 Parking Spaces to be constructed pursuant to tlus agreement, hereinafter referred to as "Parking Fand~tles", shall be located at such location as is designated by TWU and approved by CITY vothm 90 days of the approval of this agreement by the part,es The Jogging Trail to be constructed pursuant to this agreement, herelnaRer referred to as "Trail", shall be located at such IoeaUon as is designated by TWO and approved by CITY wtlun 5 years of the approval of this agreement by the parties CITY agrees its approval shall not be unreasonably withheld 1 I CITY shall furnish, except as maybe ntherw~se prowded hereto, at CITY's own cost and expense, all labor, services, materml and work for the construction and completmn of the work necessary for the constructton &the parking facilities proposed withm this Agreement 1 2 TWU shall furmsh, except as maybe other~qse prowded herein, at TWU's own cost and expense, all labor, services, material and work for the construction and completion of the work necessary for the construction of the Trail proposed w~th thts agreement 2 - Inteflocal Agreement - C~ty of Denton & TWU April, 1998 CITY shall construct the parking facflmes in conformance vath the plans and specifications used by the crrY m constructing parking facilities w~thm the CITY The proposed plans and specxfieat~ons for the parking facilities vall be submitted to TWU for ~ts rewew and approval prior to begmmng construction TWU agrees that its approval shall not be unreasonably vathheld TWU shall construct the Trail m accordance with plans and specifications that prowde for an art~fimal surface The proposed plans and specifications for the Trail will be submitted to the CITY for ~ts rewew and approval prior to the letting of the construction contract for b~d CITY agrees that ~ts approval shall not be unreasonably wathheld ARTICLE TWO The CITY agrees to contribute One Hundred and Thirty Thousand ($130,000 00) Dollars toward the constructmn of the Trufl or actual construction cost of the Trail, whichever ~s less The above compeneatloo shall be payable upon written notme to CITY of the posting of the agenda for the meeting of the Board of Regents at which the award of the bid for the construetmn of the Trail ~s scheduled for action This contribution is contingent on the award of the bd for the construction of the Trail w~thin five (5) years of the execution of th~s contract by the parties ARTICLE THREE The CITY, m behalf of ~ts c~t,zens, shall be entitled to use the Trufl, with access to apprupnate off-street parking fanlht,es not to exceed 30 parking spaces, when avadable, between sunrise and sunset on each and every day after the Trail has become operational, when scheduled classes, athletm events or practices administered by TWU are not being held, for a period of at least five (5) years The University reserves the right to prolubit certain persons from coming upon the Trail or any other portion of the campus under the provlsmns of state law The Trail wall be coasidered operational when the general contractor for the construetmn of the Trail has been released by TWU from further responsibility under ~ts contract other than warranty work Should the joint use of the Trail by CITY and TWU as prescribed in Section 3 0 of this Agreement be terminated by TWU before the end of the five (5) years joint use penod, ~t xs expressly understood and agreed that TWU will tender to CITY one-fifth (1/5) of the CITY's contnbutmn for the Jogging Trail for each year that should have been remaining of the five (5) years joint use period Should the Trail proposed by TWU be hghted then CITY may use the Trail between sunset and 10 00 p m each and every day dunng said five (5) year use period upon the monthly payment to TWU of the CITY's proportional share of the cost of the lighting for CITY act~wt~es between sunset and 10 00 p m at t~mes when classes, athletic events and pmet~ees are not admtmstered by TWU 3 - Interlooal Agreement - C ty ofDeriton & TWU April, 1998 3 3 The C~ty :s making payment for the governmental services provided by TWU hereto from avadable current funds, the funds prowded are adequate for the servmes provided ARTICLE FOUR 4 0 Th~s agreement represents the entire and integrated agreement between CITY and TWU and supersedes all prior negotmt, ons, representations and/or agreements, e~ther written or oral Th~s agreement may be amended only by written instrument s~gned by both part,es ARTICLE FIVE 5 0 Each prov:smn and clanso reqmred by law to be inserted m this contract shall be deemed to be so inserted and the contract shall be read and enforced as though each were included If through mistake or otherwise any such prov:s~on ~s not inserted or ~s not correctly inserted, tho contract shall be amended to make such insertion on appllcatmn of either party 5 I It ~s understood and agreed by the part, es that if any part, term, or prov~smn of th~s contract Is held by the courts to be illegal or m conflict vath any law of the state where made, the vahdlty of the remaining portmns or prov~s~ons shall not be affected, and the rights and obhgat~ons of the pames shall be construed and enforced as ,fthe contract d~d not contain the particular part, term, or prows~on held to be mvahd S~gnexl th~s 28t~ day of April, 1998 TEXAS WOMAN UNIVERSITY CITY OF DENTON I~-Br¢~c~a L Floyd Ja %c~ President for Finance & Admimstratmn Mayor ATTEST (~TTEST Texas Woman's Umvers~ty C1¢$ of Denton State of Texas Denton County, Texas APPROVED AS TO LEOAL FORM APPROVED AS TO LEGAL FORM John Lawhon, General Counsel Herbert L Prouty, C~ty Attorney