2002-253FILE REFERENCE FORM I 2002-253
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Amended by Ordinance No. 2003-367 11/04/03
ORDIN CE NO. O0 -fi 5
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WOMANS UNIVERSITY
TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE FOR TWU STUDENTS,
STAFF AND FACULTY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Texas Womans University ("TWU") has requested that the City provide to
its students, staffand faculty motor carder passenger service based on an annual fee; and
WHEREAS, thc 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 provide for motor carder
passenger service for TWU 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 ~7~0¢day of ~ ,2002.
EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBEX;Y, ~y~TTORNEY
INTERLOCAL AGREEMENT
THIS AGREEMENT is made and entered to be effective as of the 1st day of
September 2002, by and between the CITY OF DENTON, a Texas municipal
corporation, hereinafter referred to as CITY and TEXAS WOMAN'S UNIVERSITY, a
Texas State University, hereinafter referred to as TWU.
WHEREAS, the CITY provides mass transportation passenger motor carder
service on fixed routes under the name "LINK"; and
WHEREAS, TWU desires to enter into an agreement with the CITY to provide
for passenger motor carrier service for its students, staffand faculty; and
WHEREAS, all payments for services under this agreement are made fi.om
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 hereinat~er expressed, agree as follows:
ARTICLE ONE
1.0
TWU agrees to pay the CITY an annual fee provided in section 1.1 below to
allow for TWU student, staff, and faculty ridership. In exchange, the CITY
shall permit all TWU students, staff, and faculty to ride on the CITY's system
as outlined on the most current system map, on an unlimited basis by displaying
a valid TWU 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 TWU campus shown on Exhibit "A" attached hereto and made a
part hereof by reference.
1.1
The term of this agreement shall be for one year commencing on September 1,
2002 and ending on August 31, 2003. The fee shall be in the sum of $7,200.00
due and payable no later than October 15, 2002. At the end of the term of this
agreement, the program shall be reviewed for consideration of a future
agreement.
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ARTICLE TWO
Notwithstanding anything contained herein to the contrary, any party to this
agreement may terminate this agreement with or without cause by giving the
other parties written notice of such termination at least 30 days, at which point
termination shah become effective at the end of the 30 days.
ARTICLE THREE
3.0
This agreement represents the entire and integrated agreement between CITY,
and TWU and supereedes all prior negotiations, representations and/or
agreements, either written or oral, and supercedes all provisions in the Transit
Agreement to the extent of conflict. This agreement may be amended only by
written instrument signed by both parties.
3.1
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 shah be construed and
enforced as if the contract did not contain the particular part, term, or provision
held to be invalid.
Signed this d~)~--~I day of (~~ ,2002.
TEXAS WOMAN'S UNIVERSITY
Brenda Floyd, Vice PrUdent for
Finance & Administration
CITY OF DENTON
Euline Brock, Mayor
~TEST:~. ~
Jen~r Wfilte~, C~-ty Seeretaby
By: ~
Herbert L. Pr~
}~EGAL FORM:
, City Attorney
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