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HomeMy WebLinkAboutUWO Agr for Parking ,~"" Cd. &-L.Jz- / INTERGOVERNMENTAL AGREEMENT FOR PARKING PURPOSES 1. The parties to this Agreement are: a. University of Wisconsin Oshkosh, operated by the Board Of Regents Of The University Of Wisconsin System, with its principal offices located at Dempsey Hall, 800 Algoma Blvd., Oshkosh WI 54901-3551 ("UWO"); and b. City of Oshkosh, a municipality of the State of Wisconsin, with its principal offices located at 215 Church Ave., P. O. Box 1130, Oshkosh WI 54903-1130 ("CITY") 2. The parties to this Agreement intend that the following provisions are contractual in nature and are not to be interpreted as mere recitals to this Agreement: a. UWO and the City recognize the need to provide parking on City streets in the UWO campus area to accommodate the growth in UWO's student enrollment and specifically the vehicular traffic resulting from such growth; and b. The parties recognize the benefit of instituting short-term parking on City streets that provide primary access to the UWO campus in an effort to accommodate the increase in vehicular traffic; and c. The City and UWO recognize that the increase in such traffic will impact the structural condition of city streets and will require additional parking management and enforcement; and d. The parties recognize that the installation of parking meters is not necessarily an efficient method for such management and enforcement; rather that the tempQrary installation of Pay-and-Display units may lead to better enforcement and management; and e. For purposes of this agreement, the area is generally along High Avenue and Osceola Street ("AREA"); although the parties may amend this Area to provide for similar pay and display enforcement areas on city streets elsewhere. 3. At its own cost, UWO shall be responsible for the purchase,' ownership responsibilities, installation, maintenance and replacement of the "pay and display" stations needed to enforce City parking restrictions in this Area. For purposes of this agreement, the City consents to UWO activities on property under the City's control as necessary to accomplish the responsibilities contained within this agreement. 4. All revenue collected from the "pay and display"'units will be collected by and/or paid over to the UWO. All revenue collected by UWO's enforcement of the City parking restrictions will likewise be collected by and/or paid over to the UWO. UWO will process all appeals from parking tickets, which UWO issues under this paragraph, according to UWO policies and procedures for all other nonmoving violations on UWO grounds. However, if the City issues tickets for said violations, all revenue collected from the City's enforcement shall remain with the City and the City shall be responsible for appeals for tickets the City issues. a. For purposes of this agreement, the City has designated duly appointed Campus Police and Security Officers as "traffic officers" within the meaning of Secs. ~ '" - 340.01 (70) and 349.13, Wis. Stats., and has authorized them to issue citations for all nonmoving violations related to Sec. 27(A-3)(F) and (G), Oshkosh Municipal Code. Further, the City has adopted an appropriate ordinance providing for parking rates and penalties for violations of pay and display provisions and will amend said ordinance from time to time as the City deems necessary. b. From the effective date of this agreement through December 31, 2004, UWO shall retain all pay station and enforcement revenue. Thereafter, and until such time as UWO recoups it's initial capital costs for the pay and display stations to be installed under this agreement, UWO shall pay over to the City 25% of the pay station revenue but shall retain all revenue from its enforcement activities. All payments shall be on a monthly basis, due on or before the last business day of the subsequent month, and sent to the City's address listed above. At such time as the University has recouped its initial capital expenses, this agreement shall be renegotiated. 5. Either party may terminate this agreement upon ninety (90) days written notice to the address listed above. If the City terminates prior to UWO recouping its initial capital expenses, the City shall pay to UWO the balance of its initial capital expenses on sÜch terms and conditions as the parties then agree. 6. This document contains the full agreement of the parties and shall not be amended except in the same manner as this instrument. The persons signing this agreement represent that each person has full authority to consent to this document and bind his/her respective agency to these terms. This Agreement shall not be assigned or otherwise transferred to any other person or entity. 7. The authority for this agreement is Sec. 66.0301, Wis. Stats (2004). 8. The date of this agreement is the ~$-r1ay of August, 2004. City of Oshkosh University of Wisconsin Oshkosh, BY:~ .r/.øP Richard A. Wollangk, City Manager ~-- B~@~ (name/title) JIC.tÞ . . l/' And: And: (name/title) B This Agreement was drafted by Warren P. Kraft, City Attorney Oshkosh WI 54903-1130 2