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2002-252FILE REFERENCE YORM I 2002-252 I X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials 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: ~/ PAGE 3