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
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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