2002-252FILE REFERENCE YORM I 2002-252 I
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Amended by Ordinance No. 2003-329 10/07/03 JR
ORDINANCE NO. dgT~Tt~- ~ ,~
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON AND UNIVERSITY OF NORTH TEXAS
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 ('%tNT") has requested that the City 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,
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 provide for 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.
approval.
PASSED AND APPROVED this the F/~'{;''~ day of'~~~'-
This ordinance shall become effective immediately upon its passage and
,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERB~II~/~,~TY ATTORNEY
BY: · ' ~-' ~'~'~
INTERLOCAL AGREEMENT
THIS AGREEMENT is made and entered into to be effective the 15th day of August,
2002, 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 cartier 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
February 28, 2001 to provide for passenger motor carrier service for its students, staff and faculty
(the "Existing Agreement");
WHEREAS, the CITY and UNT desire to amend and supercede the Existing Agreement;
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 Interloeal Agreement is in the public interest;
NOW, THEREFORE, CITY, AGENCY and UNT, in consideration of the mutual
covenants hereinafter expressed, agree as follows:
ARTICLE ONE
1.0
This agreement amends and supercedes the Existing Agreement. Under the Existing
Agreement UNT has previously paid an annual fee of $6000.00 for the period from
August 15, 2001 ending on August 14, 2004 (the "First Year"). The adjustment called
for in Section 1.1 of the Existing Agreement for the First Year is amended to require an
additional fixed payment of $2000.00 in lieu of the additional payment based on 75 cents
per each one way trip. This additional payment is due and payable to the CITY on
September 1, 2002. For the Second Year conunencing on August 15, 2002 ending on
August 14, 2003, UNT agrees to pay the CITY an annual fee provided in Section 1.1
below to allow for UNT student, staff and faculty ridership. In exchange, the CITY shall
permit all UNT students, staff and faculty to ride on the L1NK 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. The current
system map shall include at a minimum, the bus stops on UNT campus shown on Exhibit
"A" attached hereto and made a part hereof'by reference.
1.1
The term of this agreement shall be for two years commencing on August 15, 2001 and
ending on August 14, 2003. The first annual fee shall be in the sum of $6,000.00 due and
payable in two equal installments no later than October 15, 2001 and February 15, 2002.
Such sums have been paid, the receipt of which is acknowledged by the CITY.
Additionally, a sum of $2000.00 for the First Year shall be paid by UNT to the CITY on
or before September 1, 2002. The second annual fee shall be in the sum of $20,000.00
due and payable in two equal installments no later than October 15, 2002 and February
15, 2003.
1.2
At all reasonable times UNT shall be entitled to audit the records of the. 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.
2.1
UNIVERSITY OF NORTH TEXAS
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.
Signedthis F/~0~ dayof ~-~'- ,200,lt.2-
CITY OF DENTON
By:
Norval/~. Pohl, P~.D.
Euline Brock
Mayor
ATTEST:
ATTEST:
Philhp C. Dmbel,
Vice President for Finance and
Business Affairs
c -s'
City of Denton
PAGE2
APPROVED AS TO LEGAL FORM
General Counsel
By:
APPROVED AS TO LEGAL FORM
Herbert L. Prouty, City Attorney
By: ~/
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