Loading...
2004-179· S:\Our Documents\Ordinanees\04kDART Buses.doc ORDINANCE NO. r.~t~/f-/Te AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DALLAS AREA RAPID TRANSIT SYSTEM FOR THE CITY'S ACQUISTION OF BUSES TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE IN DENTON; AUTHORIZING THE EXPENITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dallas Area Rapid Transit System ("DART") has offered to sell to the City of Denton buses (the "Buses") that are no longer needed by DART with the City's obligation being to pay only the federally required matching funds (the "Matching Funds"); and WHEREAS, the Buses will be used in the City's LINK system to provide service to the University of North, Texas ("UNT"); and WHEREAS, UNT will be paying the Matching Funds for the Buses; and WHEREAS, the City and DART desire to enter into an Agreement to provide for the City's acquisition of the Buses in substantially the same form as the Agreement attached hereto and made a part hereof by reference (the "Agreement"); and WHEREAS, the City Council finds that the Agreement is in the public interest; NOW, THEREFOR; 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 Interlocal Agreement on behalf of the City, and to carry out the rights and duties of the City under the Agreement including the expenditure of funds provided for therein. SECTION 3. This ord'mance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the i/)~ day of f_~ , 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS~ITY SECRETARY A~o~,~ AS~ ~,~A~ ~o~: Page 2 Page 1 AGREEMENT FOR SALE OF CHAMPION MODEL BUSES WHEREAS, Dallas Area Rapid Transit (DART) has certain Champion buses (BUSES) for sale; and WHEREAS, the BUSES were purchased by DART with financial assistance from the Federal Transit Administration (FTA); and WHEREAS, the FTA still has a financial interest in the BUSES purchased; and WHEREAS, under FTA guidelines it is permissible for DART to work with another eligible FTA grantee to assume the remaining FTA equity interest and use of the vehicles for the balance of their 7-year useful life; and WHEREAS, City Of Denton, Denton, Texas, is an eligible FTA grantee and wishes to purchase fifteen of these BUSES; and WHEREAS, the sale of the BUSES from DART to City Of Denton will not take place until written approval for such equity transfer has been received from the FTA; and WHEREAS, City Of Denton represents that it has examined each of these BUSES included within this agreement and finds them to be acceptable in the present state of repair. NOW THEREFORE, DART and City Of Denton agree on the terms of the sale of the"-, BUSES and MATERIALS as set forth below: City Of Denton has identified fifteen BUSES to be purchased. See Attachment A. The BUSES are presently located at DART facilities in Dallas, Texas. The terms of this sale are FOB, Dallas, Texas. City Of Denton is responsible for any shipping or transportation costs for the BUSES and from Dallas, Texas. The BUSES and are sold WHERE IS, AS IS. DART makes no warranties regarding the suitability of the BUSES or for any intended use. Subject to the City of Denton meeting its obligations under this agreement, including FTA approval and payment to DART of the City's local reimbursable equity portion by August 4, 2004, the BUSES will be made available for pickup by the City of Denton no later than August 4, 2004. City Of Denton agrees to be responsible for coordination with the FTA regarding the transfer of the federal portion of the remaining equity in the BUSES purchased from DART to City Of Denton. Prior to the shipping of any BUSES, City Of Denton agrees to provide written approval from FTA of the transfer from DART to City Of Denton. Page 2 City Of Denton agrees to remit to DART, prior to shipping, the following amounts for each BUS: For each of the six Firestone tires installed on each BUS, the useable tread that remains on each tire at a cost of $10.00 per 1/32" of tread; and, Those amounts prescribed in Section 6 below. DART and City Of Denton agree that the transferable depreciated federal equity portion for each vehicle is as described in Attachment A of this agreement. DART and City Of Denton agree that the local reimbursable equity portion for ~each vehicle is as described in Attachment A of this agreement. The parties agree that this agreement must be executed by the CITY OF DENTON on or before June 18, 2004 and will become effective on the date signed by the last party to execute this document. The signatories below represent they have the authority to execute this document in behalf of CITY OF DENTON and DART respectively. Dallas Area Rapid Transit Presidefft/E~xecutive Director Date? ff~'/~///~t~ t// CITY OF DENTON, TEXAS City Manager Date: ATTEST: JENNIFERWALTERS, CITY AS TO FORM HERBERT L. PROUTY, CITY ATT~.