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~.