2004-229O IN CE NO. BOo - q
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WOMAN'S UNIVERSITY
TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE FOR TWU STUDENTS,
STAFF AND FACULTY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Texas Woman's Urfiversity ("TWU') and the City have entered into an
lnterlocal Agreement effective September 1, 2002 to provide to TWU's students, staff and faculty
motor carder passenger service based on an annual fee (the "Existing Agreement"); and
WHEREAS, on September 1, 2003 the CITY and TWU emended and extended the Existing
Agreement for a second year; and
WHEREAS, the City and TWU desire to amend and extend the Existing Agreement for third
year; and
WHEREAS, the City Council finds that such service is in the public interest; NOW,
THEREFOR;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Mayor, or in her absence the Mayor ProTem, is hereby authorized to
execute an Interlocal Agreement between the City of Denton and TWU to extend the Existing
Agreement to provide for motor carder passenger service for TWU students, staff, and faculty, in
substantially the form of the copy of the agreement attached hereto and incorporated by reference
herein.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the / ~C~ day o~_~o~t~~~_, 2004.
EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, QITY SECRETARY
APP~ED 'A-S~FO LEG-AL
INTERI~OCAL AGI~EMF, NT
THIS AGRI~I~XIENT is made and cotered into to be effective as of the 1st day of
September, 2004, by and betw~ the CITY OF DEI~TON, a Texas municipal corporation,
herciusfler referred to as City and TEXAS WOMAN'S I. INIV~RS~, a Texas State
University, h~l~er mfen-cd to as TWU.
WHEREAS, the CITY provides rn~s k~sportation passenger motor carrier service
within thc city limits of tho CrrY under thc name "LINK"; and
WHEREAS, the CITY and TWU entered into that oertain Imerlocal Agreem~t dated
effoclivc September 1, 2002 to provide for off-comp, us passenger motor carrier servi~e for its
studcots, staff and fa~'ulty (the "Bx~in~ Alp~emcot"); and
WHEREAS, on September 1, 2003 the Ch'ir and TWU amended and extcoded the
Existing Agreement for a second year; and
WI-IF. REAS, the CITY and TWU desire to amend and ~xtcod the Existing Agroemcot for
a third y~ under the I~s and conditions contained herein; and
~AS, all payments for servic~ under this agr~emcot are made flora current
revcoues of tho paying party and fairly compensat~ tho performing party for the services pio~eided
for herein; and
WI-IER~AS, ~ Inierlocal Agrecmcot is in thc public intt:rcst;
NOW, THEREFORE, C1TY and TWU, in coasideration of the mutual covenants
herei~a~ expre~cd, agree as follows:
ARTICLE ONE
1.0
This agreement amends and extcods the Existing Agreement to be effective September 1,
2004 through August 31, 2005 (the "I'hird Yea.e3. The f~e for the bus service for the
ThLrd Year will be ~ to $10,080, based on increased ridership. The foe is ba~d
on a projeetion of 14,400 rides at $0.70 per fide. The Fee will be paid in two equal
installments, the first iust~llment to be paid to tho Cfl'lr no later than 30 days after TWU
has been notified in writing thai this agrcem~ has beco approved by the City Council
The second installment is to be paid no later than February 15, 2005. Should the total
number of fides be gr~al~ than 120% or less than 80% of 14,400 the Fee will be
increased or reduced by $0.70 per ride over or under 14,400, as the case may be (the
"Adjustmcot"). The Adjustmcot, if any, will be paid or reimbursed no la~ than October
31, 2005. The CITY will grovide wriO~n records just~g and supposing the
Adjustment no later than September 30, 2005. Should a temainalion of this agreemcot
1.2
occur under A~icle Two of the Existing Agreeme~, then TWU will be entitled to a
prorated rdmbursement for tho po~don of thc agreement un/hlfilled.
All o/her t~a~s of tho t/xisfin~ Agreement not amended by tiffs agreement ~hal! ~ in
full force and effect.
Signed to be effective the 1 st day of September, 2004.
CITY OF DENTON, TEXAS
ATTEST:
JENNWt/R WALTERS.CITY SECRETARY
APPROVI~ A~ TO FORM:
BY: ~ ~
TEXAS WOMAN'S UNIVEP, S~
BY: ~~
Brenda Floyd
Vice Pr~id~t for
Finmlce & Adminiffwafion
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