2004-230ORDINANCE
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON AND UNIVERSITY OF NORTH TEXAS
TO PROVIDE FOR OFF CAMPUS MOTOR CARRIER PASSENGER SERVICE FOR UNT
STUDENTS, STAFF AND FACULTY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the University of North Texas ("UNT") and the City have entered into an
Interlocal Agreement effective August 20, 2002 and extended August 15, 2003 to provide to UNT's
students, staff and faculty off campus motor carder passenger service based on an annual fee (the
"Existing Agreement"); and
WHEREAS, the City and UNT desire to amend and extend the Existing Agreement for a
fourth year 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 UNT to extend the Existing
Agreement to provide for off campus motor carder passenger service for UNT students, staff, and
faculty, in substantially the form of the copy of the agreement attached hereto and incorporated by
reference herein. This approval is retroactive to the effective date of the attached Interlocal
Agreement.
SECTION 2.
approval.
PASSED AND APPROVED this the /q~'-
This ordinance shall become effective immediately upon its passage and
ATTEST:
JENNIIeER WALTERS, CITY SECRETARY
BY:
BY: '-~--'-~/~
day of ~/_J .
EULINE BROCK, MAYOR
,2004.
INTERLOCAL AGREEMENT
THIS AGREEMENT is made and entered into to be effective as of the 15th day of
August. 2004, by and between the CITY OF DENTON, a Texas municipal corporation,
here~n.t%r referred to as CITY and UNIVERSITY OF NORTH TEXAS, a Texas State
Uniw~sity, hereinaf~r referred to as UNT.
WHEREAS, the CITY provides mass transportation passenger motor carrier service
within the city limits of thc CITY under the name "LINK"; and
WHEREAS, the CITY and UNT entered into that cra'rain interlocal Agreement dated
August 20, 2002 to provide for off-campus passenger motor carrier service for its students, staff
and faculty, which was extended on August 15, 2003 (the "Existing Agreement");
WttEREAS, the CITY, McDonald Transit and UNT entered into an Interlocal Agreement
on July 16, 2003 to provide for on-campus passenger motor carrier service for UNT's students,
staff and faculty which was extended effective August 1, 2004 (the "On-Campus Agreement")
which provides for services in addition to the Existing Agreement; and
WHEREAS, the CITY and UNT desire to amend and extend the Existing Agreement for
a fourth year under tl~ ret'ms and conditions contained herein; and
WHEREAS, all payments for services under this agreement are made from current
revenues of the paying party and fairly compensate the performing party for the services provided
for herein; and
WHEREAS, this Interlocal Agreement is in thc public intcroat;
NOW, THEREFORE, CITY and UNT, in consideration of the mutual covenants
hereinat~er expressed, agree as follows:
1.0
This agreement amends and extends the Existing Agreement to be effective as of August
15, 2004 through August 14, 2005 (the "Fourth Year"). UNT agrees to pay the CITY an
annual fee for off-campus UNT student, staff and faculty ridership in the sum of
$29,400.00 for the Fourth Year (the '~Fourth Year Fee"). The Fourth Year Fee is based
on a projection of 42,000 rides at $0.70 per ride. The Fourth Year Fee shall be due and
payable to the CITY in two equal annual installments no later than October 15, 2004 and
February 15, 2005. Should the total numbvr of rides be ~c~tcr than 120% or less than
80% of 42,000 the Fourth Year Fee will be increased or reduced by $0.70 per ride over or
under 42,000, as the case may be (the "Adjustment"). The Adjusttnent, if any, will be
paid or reimbursed no later than October 31, 2005. The CITY will provide written
records justifying and supporting the Adjustment no later than September 30, 2005. In
exchange, the CITY shall permit all UNT students, staff and faculty to ride on the LINK
system as outlined on the most current system map, on an unlimited basis by displaying a
valid UNT student, staff or faculty identification to the LINK's bus drivers upon ent~ing
abus.
1.2
At all reasonable times UlqT shall be ~ntifled to audit the records of the CITY. However,
in no event shall this provision pea-mit UNT to withhold payment of the Fourth Year Fee.
ARTICLE TWO
2.0
This agreement represents tho entire and intograted agreement between CITY and LINT
and supersedes all prior negotiations, rcpresenlations md/or agreements, either writton or
oral. This agreement may be amended only by written instrument signed by both parties.
This agxoement is separate and apart from the On-Campus Agreoment.
2.1
UNIVERSITY OF NORTH TEXAS
Phillip C. Diebel ~
Vice President for Finance and
It is understood and agreed by the parties that if any part, t~rm, or provision of this
contract is held by the courts to be illegal or in conflict with any law of the state where
made, the validity of the rel~ain~ng portions or provisions shall not be affected, and the
rights and obligations of the parties shall be construed and enforced as if the eontra~t did
not contain the particular part, term, or provision held to be invalid.
CITY OF DENTON
Euline Brock
Mayor
ATTEST:
ATTEST:
Cit~of Dent6n
PAGE 2
APPROVED AS TO LEGAL FORM
Director of Contracts Administration
APPROVED AS TO LEGAL FORM
Herbert L. Prouty, City Attorney
By: ~~
PAGE 3