2003-329FILE REFERENCE FORM I 2003-329 I
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Amended by Ordinance No. 2004-230 08/17/04
ORDINANCE NO. ~;~ ~3~q~ tS/
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") has requested that the City extend the
existing off-campus bus service for an additional year to provide to its students, staff and faculty
motor cartier passenger service based on an annual fee; and
WHEREAS, the City Council finds that such service is in the public interest; NOW,
THEREFORE;
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 provide for off-campus
motor carrier passenger service for UNT students, staff, and faculty, in substantially the form of the
copy of the agreement which is 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 7~-~ dayof _/~'~ ,2003.
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERB~T~CITY ATTORNEY
BY: 'tx.~/ /~
C:\WINDOWS\TEMP\3-AGR UNT lnterloca104.DOC
INTERLOCAL AGREEMENT
THiS AGREEMENT is made and entered into to be effective as of the 15th day of
August, 2003, by and between the CITY OF DENTON, a Texas municipal corporation,
hereinafter referred to as CITY and UNIVERSITY OF NORTH TEXAS, a Texas State
University, hereinafter referred to as UNT.
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 UNT entered into that certain Interlocal Agreement dated
August 20, 2002 to provide for off-campus passenger motor carrier service for its students, staff
and faculty (the "Existing Agreement");
WHEREAS, 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 its students, staff
and faculty (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 third 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 UNT, 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 as of August
15, 2003 through August 14, 2004 (the "Third Year"). UNT agrees to pay the CITY an
annual fee for off-campus UNT student, staff and faculty rldership in the sum of
$25,996.00 for the Third Year (the "Third Year Fee"). The Third Year Fee shall be due
and payable to the CITY in two equal annual installments no later than October 15, 2003
and February 15, 2004. 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 entering a bus.
1.2
At all reasonable times UNT shall be entitled to audit the records of the CITY. However,
in no event shall this provision permit UNT to withhold payment of the annual fee.
ARTICLE TWO
2.0
This agreement represents the entire and integrated agreement between CITY and UNT
and supersedes all prior negotiations, representations and/or agreements, either written or
oral. This agreement may be amended only by written instrument signed by both parties.
This agreement is separate and apart from the On-Campus Agreement.
2.1
It is understood and agreed by the parties that if any part, term, 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 remaining portions or provisions shall not be affected, and the
rights and obligations of the parties shall be construed and enforced as if the contract did
not contain the particular part, term, or provision held to be invalid.
Signed this .~ day of ~~ 2003.
UNIVERSITY OF NORTH TEXAS
Phillip C. Diebel
Vice President for Finance and
Business Affairs
CITY OF DENTON
Euline Brock
Mayor
ATTEST:
A'I'I'EST:
(~ty S~cr~ry,
City of Denton
APPROVED AS TO LEGAL FORM
Director of Contracts Administration
By: ~~e,
APPROVED AS TO LEGAL FORM
Herbert L. Prouty, City Attorney
By: ~
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