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2003-367S:`Our0. umm anc[A 3V k-TW"B ScMcttmr mYmrdm ORDINANCE NO. a ~)3 - 36 57 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 University ("TWU") and the City have entered into an Interlocal Agreement effective September 1, 2002 to provide to TWU's students, staff and faculty motor carrier passenger service based on an annual fee (the "Existing Agreement"); and WHEREAS, the City and TWU desire to amend and extend the Existing Agreement for another 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 carrier 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 L#- day of 724,1Wy6&t,, 2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TOO GAL/'ORM: HERBERT L. P Y ATTORNEY BY: c~ m Sd wSMM~ gwftffm l FlIMOIYIITI Mebel WI WTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into to be effective as of the 1 st day of September, 2003, by and between the CITY OF DENTON, a Texas municipal corporation, hereinafter referred to as CITY and TEXAS WOMAN'S UNIVERSITGY, a Texas State University, hereinafter referred to as TWU. WHEREAS, the CITY provides mass transportation passenger motor carrier service within the city limits of the CITY under the name "LINK"; and WHEREAS, the CITY and TWU entered into that certain Interlocal Agreement dated effective September 1, 2002 to provide for off-campus passenger motor carrier service for its students, staff and faculty (the "Existing Agreement"); and WHEREAS, the CITY and TWU desire to amend and extend the Existing Agreement for a second year under the terms 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 the public interest; NOW, THEREFORE, CITY and TWU, in consideration of the mutual covenants hereinafter expressed, agree as follows: ARTICLE ONE 1.0 This agreement amends and extends the Existing Agreement to be effective retroactively to September 1, 2003 through August 31, 2004 (the "Second Year"). The fee for the bus service for the Second Year will remain the same, being $7,200.00. The Fee will be paid to the City no later than 30 days after TWU has been notified in writing that this agreement has been approved by the City Council. Should a termination of this agreement occur under Article Two of the Existing Agreement, then TWU will be entitled to a prorated reimbursement for the portion of the agreement unfulfilled. 1.2 All other terms of the Existing Agreement not amended by this agreement shall remain in full force and effect. Signed to be effective the 1 st day of September, 2003. CITY OF DENTON, TEXAS BY: C-~'PJ /40 Euline Brock, Brock ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO FORM: HERBERT L. PRO CITY TTORNEY BY: TEXAS WOMAN'S UNIVERSITY BY: v renda Floyd Vice President for Finance & Administration