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2006-341SA0ur Documents\0rdinances\06\DCTA Multimodal MOU.doc ORDINANCE NO. ~Od1 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY TRANSPORTATION AUTHORITY REGARDING THE DEVELOPMENT OF A DOWNTOWN DENTON TRANSIT CENTER FOR THE PURPOSE OF ENHANCING THE PUBLIC TRANSIT SYSTEM AND PROVIDING A SAFE AND SECURE PLACE TO MAKE TRANSIT CONNECETIONS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds that the Memorandum of Understanding between the City of Denton and the Denton County Transportation Authority ("DCTA"), attached hereto and make a part hereof as Exhibit A (the "MOU) is in the public interest; NOW, THEREFORE, THE CITY 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 Council hereby approves the MOU and authorized the City Manager, or his designee to executive the MOU on behalf of the City. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. //yy, PASSED AND APPROVED this the day of J 2006. PERRY . McNEILL, MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY APPROVED ASJfO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: S:\Our Documents\Contracts\06\Multimodal MOU DCTA.doc STATE OF TEXAS § Memorandum of Understanding COUNTY OF DENTON § This memorandum of understanding (the "MOU") is made by and between the City of Denton (the "City") and the Denton County Transportation Authority (the "DCTA") acting by and through their authorized representatives. WHEREAS, the City was apportioned federal transportation dollars in 2004 for the development of a downtown Denton Transit Center; and WHEREAS, the amount of the federal apportionment is $3,109,690; and WHEREAS, the DCTA and the City have previously agreed to transfer available assets of the transit system to DCTA for ownership and operation of the public transit system; and WHEREAS, the development of a downtown Denton Transit Center will enhance the public transit system and provide a safe and secure place to make transit connections; and NOW, THEREFORE, the parties agree as follows: 1. Denton and DCTA intend to agree upon facility ownership terms prior to the initiation of land acquisition or construction. 2. The DCTA intends to assist the City with all preparation, application, and management of the 5309 grant submittal including quarterly milestone updates and grant reimbursements for eligible project expenses through the TEAM and ECHO systems respectively. 3. The City intends to work cooperatively with DCTA and other stakeholders in the development of a suitable location, environmental review, design, and construction of the facility. 4. Currently the estimated total project cost is $3,731,628 with $3,109,690 expected to come from federal funding and $621,938, advanced by Denton as its local share. DCTA intends to reimburse the City $621,938 of its local share expenditures upon completion of the work and acceptance of the work by Authority. 5. This MOU is expressly conditioned upon and subject to the parties entering into mutually satisfactory definitive written agreements as to all aspects of the transaction and is not binding upon the parties in any way, except to the extent that it reflects the good faith intent to proceed to negotiate definitive written agreements with respect to the general terms and conditions herein contained. Unless and until such written agreements are entered into, none of the parties shall be under any obligation to any other party, regardless of this letter and regardless of any negotiations, agreements or understandings heretofore or hereinafter existing between the parties, it being understood that no contractual relationship shall exist between the parties unless and until the definitive agreements shall have been executed in writing. c EXHIBIT ~ nn 7~1 (Signature page to follow) Executed this day of X_,I m"l a`J 2006. City of Denton By: George C. Campbell, City Manager Approved as to Form: dwin M. Snyder, Atto ey Executed this - day of liC!~eGYI 2~ 2006. Approved as to form: Peter G. Smith, eneral Counsel