2003-328O INANCE NO. 2
AN ORDINANCE AUTHORIZING THE EXTENSION OF AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS DATED
NOVEMBER 5, 2002 TO PROVIDE FOR 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 of Denton have previously
entered into an Interlocal Agreement dated November 5, 2002 (the "Existing Agreement") to
provide motor career passenger service for UNT students, staff and faculty; and
WHEREAS, on April 16, 2002 the City and McDonald Transit Associates, Inc.
("McDonald") entered into that certain agreement to provide services for passenger motor carrier
service which was amended on December 10, 2002 (the Transit Agreement") which transit
services are operated under the name of "LINK"; and
WHEREAS, LINK is currently providing UNT with such motor carrier passenger service
under the Existing Agreement; and
WHEREAS, on May 8, 2003 as authorized by Section 1.0 of the Existing Agreement,
the City, UNT and McDonald pursuant to a letter agreement increased the service in an amount
not to exceed 20%; and
WHEREAS, the City, McDonald and UNT are currently negotiating a new Interlocal
Agreement to continue to provide service and to expand service to UNT; and
WHEREAS, the City Council hereby finds that it is in the public interest to extend the
Existing Agreement until the new Interlocal Agreement is completed; 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. Section 1.0 of the Exist'rog Agreement is hereby amended to allow an
increase in gross revenues for new service in an amount not exceed 35% instead of 20%.
SECTION 3. The City Manager, or his designee, is hereby authorized to execute all
documents on behalf of the City in order to evidence the extension authorized by this ordinance and
to exercise the City's fights and duties under the Existing Agreement, as amended.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the rJJ~ dayof ~J~/~ .,2003.
EULINE BROCK, MAYOR
ATTEST:
JENN~ER ~WALTERS,. CItY SECRETARY
BY:
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AMENDMENT TO INTERLOCAL AGREEMENT
THIS AGREEMENT is made as of the date set forth below by and between the City
of Denton (the "City") and University of North Texas (hereinafter referred to as "UNT").
WHEREAS, on November 5, 2002 the City and UNT entered into that certain
Interlocal Agreement to provide bus services (the "Inteflocal Agreement"); and
WHEREAS, pursuant to the Inteflocal Agreement UNT was to pay for the
restoration of six used Flxible buses in an amount not to exceed $15,000.00; and
WHEREAS, the actual costs of restoration have exceeded that amount by the sum of
$8,974.44 due to increased restoration costs because the original estimates were incomplete
and due to the increased time to perform necessary services stemming from an extended
painting schedule; and
WHEREAS, the parties recognize that these increased costs of restoration should be
properly born by UNT; and
WHEREAS, the parties desire to amend the Inteflocal Agreement to reflect UNT's
responsibility for payment of such increased restoration costs; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties hereby agree as follows:
1. Notwithstanding any provision in Section 1.0 of the Interlocal Agreement to
the contrary UNT is responsible for payment to the City of the sum of $8,974.44 which is
associated with the cost of restoration of the six Flxible buses. Such sum shall be paid to
the City no later than 30 days after the effective date of this amendment.
2. All other terms and conditions contained in the Interlocal Agreement that
are not expressly amended or changed by this instrument shall remain in full force and
effect. ~y~
SIGNED as of the 7~ day of .~ , 2003 (the
"Effective Date").
(.~lichael X. ~ondu~ City ~r
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ATFEST:
JENNIFER WALTERS, CITY SECRETARY
HERBER~ATrORNEY
BY:
UNIVERSITY OF NORTH TEXAS
BY:
Phillip C Diebel
Vice President for Finance and
Business Affairs
ATTEST:
APPROVED AS TO FORM:
DIRECTOR OF CONTRACTS ADMINISTRATION
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