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HomeMy WebLinkAbout1996-214J \NPDOCS\ORD\DAYLAB ORD ORDINANCE NO. %P AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE A MULTIPLE USE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE TEXAS DEPARTMENT OF TRANSPORTATION TO PERMIT THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A DAY LABOR PAVILION ON THE HIGHWAY RIGHT-OF-WAY OF U.S. 377 IN THE CITY OF DENTON, TEXAS, NEAR COLLINS STREET; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton recognizes the need to provide a safe, sanitary, and centralized Day Labor Pavilion for its residents to assist them in their search for day labor, and WHEREAS, the City Council of the City of Denton believes that the establishment of a Day Labor Pavilion in the City of Denton is an important service benefitting the residents of the city and generally promotes the public safety, NOW, THEREFORE: THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS• SECTION I. That the City Manager is authorized to execute a Multiple Use Agreement between the City of Denton, Texas and the Texas Department of Transportation to permit the construction, maintenance and operation of a day labor pavilion on the highway right-of-way of U.S. 377 in the City of Denton, Texas near Collins Street, under the terms and conditions contained in said agreement which is attached hereto and made a part hereof. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of-jA7jd"_R"1996. sLkin�� JACK LLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: /W� MULTIPLE USE AGREEMENT STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT by and between the Texas Department of Transportation, hereinafter referred to as the "State", and the City of Denton, hereinafter referred to as the "City", is to become effective when last executed WITNESSETH WHEREAS, the City has requested the State to permit the construction, maintenance and operation of a Day Labor Pavilion on the highway right-of-way of U S 377 in the City of Denton, Denton County, Texas, near Collins street as shown on the site plan in Exhibit "A" attached hereto and made a part hereof for all purposes Construction plans for areas to be developed as a part of this agreement will be submitted to the State for approval along with metes and bounds description covering the specific area development When approved by the State, the metes and bounds description, Exhibit B attached hereto and made a part hereof for all purposes, and construction plans, Exhibit "C", incorporated herein by reference, shall be made a part of this agreement when approved by the State WHEREAS, the State has indicated its willingness to approve the establishment of such facilities and other uses conditioned that the City will enter into agreements with the State for the purpose of determining the respective responsibilities of the City and the State with reference thereto, and conditioned that such uses are in the public interest and will not damage the highway facilities, impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as determined from engineering and traffic investigations conducted by the State AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows Page 1 of 6 I CONSTRUCTION PLANS The City hereto will prepare or provide for the construction plans for the facility, and will provide for the construction work as required by said plans at no cost to the State Said plans shall include the design of the access control, necessary horizontal and vertical clearances from highway structures, adequate landscape treatment, and general layout, and they shall also delineate and define the construction responsibilities of both parties hereto and when approved shall be attached to the agreement and made a part thereof in all respects Any future revisions or additions of permanent improvements shall be made after prior written approval of the State 2 INSPECTION Ingress and egress shall be allowed at all times to such facility for Federal Highway Administration personnel and State Forces and equipment when highway maintenance operations are necessary, and for inspection purposes, and upon request, all parlong or other activities for periods required for such operations will be prohibited 3 PARIUNG REGULATIONS Parlong regulations shall be established limiting parlong to single unit motor vehicles of size and capacity nogreaterthan prescribed for 1-1/2 ton trucks, such vehicles to conform in size and use to governing laws Parlung shall be permitted only in marked spaces 4 PROHIBITIONS/SIGNS Regulations shall be established prohibiting the parlung of vehicles transporting flammable or explosive loads and prohibiting use of the area in any manner for peddling, advertising or other purposes not in keeping with the objective of a public facility The erection of signs other than those required for proper use of the area will be prohibited All signs shall be approved by the State 5 RESPONSIBILITIES Maintenance and operation of the facility shall be entirely the responsibility of the City Such responsibility shall include piclung up trash, mowing, surface area patching, tree and shrub care, flower -bed care, iingation system maintenance, and otherwise keeping the facility in a clean and sanitary condition, and surveillance by Page 2 of 6 police patrol to eliminate the possible creation of a nuisance or hazard to the public Hazardous or unreasonably objectionable smoke, fumes, vapor or odors shall not be permitted to rise above the grade line of the highway, nor shall the facility subject the highway to hazardous or unreasonably objectionable dripping, droppings or discharge of any lend, including rain or snow The area to be maintained is defined as all surfaces not utilized by traffic lanes and adjacent shoulder within the highway right- of-way, including the surfaced area under the structures 6 FEES Any fees levied for use of the facilities in the area shall be nominal and no more than are sufficient to defray the cost of construction, maintenance and operation thereof, and shall be subject to written approval of the State 7 TERMINATION UPON NOTICE This provision is expressly made subject to the rights herein granted to both parties to terminate this agreement upon notice, and upon the exercise of any such right by either party, all obligations herein to make improvements to said facility shall immediately cease and terminate 8 MODIFICATION/I'ERMINATION OF AGREEMENT If in the sole judgment of the State it is found at any future time that traffic conditions have so changed that the existence of use of the facility is impeding maintenance, damaging the highway facility, impairing safety or that the facility is not being properly operated, that it constitutes a nuisance, is abandoned, or if for any other reason it is the State's judgment that such facility is not in the public interest, this agreement under which the facility was constructed my be (1) modified if corrective measures acceptable to both parties can be applied to eliminate the objectionable features of the facility or (2) terminated and the use of the area as proposed herein discontinued 9 PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS All structures located or constructed within the area covered by the agreement shall be fire resistant The storage of flammable, explosive or hazardous materials is prohibited Operations deemed to be a potential fire hazard shall be subject to regulation by the State Page 3 of 6 10 RESTORATION OF AREA Upon written notification by either party hereto that such facility should be discontinued, each party shall, within sixty (60) days, clear the area of all facilities that were its construction responsibility under this agreement, as necessary to restore the area to a condition satisfactory to the State 1 I INDEMNIFICATION The City shall, insofar as it is legally permitted and subject to such limitations, indemnify the State against any and all damages and claims for damages, including those resulting from injury to or death of persons or for loss of or damage to property„ ansing out of, incident to or in any manner connected with its construction, maintenance or, operating of the facility, which indemnification shall extend to and include any and all court costs, attorney's fees and expenses related to or connected with any claims or suits for damages and shall, if requested in writing by the State to do so, assist that State with or relieve the State from defending any suit brought against it Neither party hereto intends to waive, relinquish, limit or condition its right to avoid any such liability by claiming its governmental immunity When notified by the State to do so, the other party hereto shall promptly pay the State for the full cost of repairing any damages to the highway facility which may result from its construction, maintenance or operating of the facility, or its duly authorized agents or employees, and shall promptly reimburse the State for costs of construction and/or repair work made necessary by reason of such damages Nothing in this agreement shall be construed as creating any liability in favor of any third party or parties against either of the parties hereto nor shall it ever by construed as relieving any third party or parties from any liabilities of such third party or parties to the parties hereto, but the other hereto shall become fully subrogated to the State and shall be entitled to maintain an action over and against third party or parties legally liable for having cause it to pay or disburse any sum of money hereunder 12 INSURANCE The City shall provide necessary safeguards to protect the public on State -maintained highways including adequate insurance for payment of any damages which might result during the construction of the facility occupying such airspace or thereafter, and to save the State harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so Prior to beginning work on the State's right -of - Page 4 of 6 way, the City's construction contractor shall submit to the State a complete insurance form (TxDOT Form No 1560) and shall maintain the required coverages during the construction of the facility 13 USE OF RIGHT -of -WAY It is to be understood that the State by execution of this agreement does not impair or ielinquish the State's right to use such land for right-of-way purposes when it is required for the construction or reconstruction of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be construed as abandonment by the State of such land acquired for highway purposes, and the State does not purport to grant any interest in the land described herein but merely consents to such use to the extent its authority and title permits 14 ADDITIONAL CONSENT REQUIRED The State asserts only that it has sufficient title for highway purposes The City shall be responsible for obtaining such additional consent or agreement as may be necessary due to this agreement This includes, but is not limited to, public utilities 15 FHWA ADDITIONAL REQUIREMENTS If the facility is located on the Federal -Aid Highway System, Exhibit `E", "Attachment A", which states additional requirements as set forth in the Federal Highway Administration's Federal -Aid Highway Program Manual, shall be attached to and become a part of this agreement 16 CIVIL RIGHTS ASSURANCES The City, for itself, its personal representatives, successors and interests and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no persons, on the ground of race, color or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facility, (2) that in the construction of any improvements on, over of under such land and the furnishing of services thereon, no person on the ground of race color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the City shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non - Page 5 of 6 discrimination in Federally -Assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended That if in the event of any breach of the above non-discrimination covenants, the State shall have the right to terminate the agreement and reenter and repossess said land and the facilities thereon, and hold the same as if said agreement had never been made or issued List of Attached Exhibits Exhibit A - General Layout Exhibit B - Metes and Bounds Description of project Ares as developed Exhibit C - Construction Plans (incorporated herein) Exhibit D - Certification of insurance (TxDOT Form 1560 from contractors as Projects are let Exhibit E - Attachment A (FHWA Additional Requirements) IN WITNESS WHEREOF, the parties have hereunto affixed their signatures CITY OF DENTON Byi'z�"' City Manager Date I /,;.q I q(o ATTEST STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 100002 BY y N lson, P E APPROVED AS TO LEGAL rMl as Distract Engineer HERBERT L. PROUTY, CITY ATTORNEY W5- BY Date 1 0 1110 (9 �' Page 6 of 6 LAYOUT 0 E l� terlh 6' Sewerllr �2l 2' a INN Qi WRA S, o� / C LANDSCAPE IRRIGATION PLAN Scale: 1" = 20'-0" OCT-02-1996 15 13 CITY OF DENTON PLANNING P 02/02 PRELIMINARY DRAFT • PENDING FIELD VERIFICATION OF PROPERTY CORNER LOCATIONS PHW "EXHIBITS" ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the Alexander Hill Survey, Abstract Number 623 and being more particularly described as follows: COMMENCING at the northeast corner of tract conveyed from Nannie Bruce to the State of Texas by deed recorded In Volume 289, Page 478 of the Deed Records of Denton County, Texas; THENCE North 520 32' 41" West to the POINT OF BEGINNING; THENCE South 180 49' 13" West a distance of 199.71 feet to a point for corner; THENCE North 650 19' 32" West a distance of 92.06 feet to a point for comer, THENCE North 020 07' 20" West a distance of 28.06 feet to a point for comer, THENCE North 07° 24' 11" West a distance of 40.32 feet to a point for corner, THENCE North 15° 22' 07" West a distance of 49.01 feet to a point for corner, THENCE North 62015' 10" East a distance of 55.77 feet to a point for comer; THENCE North 57° 29' 15" East a distance of 42.51 feet to a pant for comer, THENCE North 45° 00' 50" East a distance of 39.67 feet to a point for comer; THENCE South 520 26' 41" East a distance of 68.16 feet to the POINT OF BEGINNING and containing .519 acre of land. 5ai-% dWlab .pd TnTG1 P 9P EXHIBIT D TxDOT form No 20 102 (Rev 12 91) Previous editions of this form may not be used TEXAS DEPARTMENT OF TRANSPORTATION CERTIFICATE OF INSURANCE 00 NOTE Copies of the endorsements listed below are not required as attach- ments to this certificate The named contractor shall not commence work until helshe has obtained the minimum insurance specified in Section II below, and obtained the following endorsements the Texas Department of Transportation as an Additional Insured for coverages 3 and 4 and a Waiver of Subrogation In favor of the same department under coverages 2, 3 and 4 Only certificates of insurance published by this department are acceptable as proof of Insurance Commercial carriers certificatesare unacceptable SECTION 1- IDENTIFICATION DATA 1 1 Insured Contractors Name Citv of Denton _. 12 Street/Mailing Address 215E McKinney 1 3 City 1 4 State 1 5 Zip Penton Texas _ 76201 16 Phone Number Area Code ( 817 1 566-8317 SECTION II - TYPE OF INSURANCE Type Policy Effective Expiration Limits of Liability Number Date Date Not Less Than 2 WORKERS' COMPENSATION Self 21 Insured 22 N/A 23 N/A Statutory - Texas Endorsed with a Waiver of Subrogation in favor of the Texas Department of Transportation 3 COMMERCIAL GENERAL LIABILITY Self Insured Bodily Injury/Property 3 1 3 2 3 3 $325,000 combined Damage single limit each occurrence and in the aggregate Endorsed with the Texas Department of Transportation as an Additional Insured and endorsed with a Waiver of Subrogation in favor of the Texas Department of Transportation 4 TEXAS BUSINESS AUTOMOBILE POLICY Self Insured $325,000 CSL A Bodily Injury 41 4 2 43 #Ch4QG41 IAMRMW XS.3 151151BICHXB oum B Property Damage 4 4 45 46 $:&W)"XRi;44 %R§.e Endorsed with the Texas Department of Transportation as an Additional Insured and endorsed with a Waiver of Subrogation in favor of the Texas Department of Transportation Additional insured — TXDOT UMBRELLA POLICY (If Applicable) Waiver of Subrogation in favor of TXDOT 51 52 53 $. SECTION III - CERTIFICATION This Certificate of Insurance neither affirmatively or negatively amends, extends, or aitersthe coverage afforded by the above insurance policies issued by the insurance company named below Cancellation of the insurance policies shall not be made until THIRTY DAYS AFTER the undersigned agent or his/her company has sent written notices by certified mail to the contractor and the Texas Department of Transportation THIS 15 TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the insurance policies above meet all the requirements stipulated above and such policiesare In full force and effect 61 Name of Insurance Company 7 1 Name of Authorized Agent 62 Comppany Address 21S E McKinney 72 Agent sAddress 215 E McKinney 63 City Denton 6 4 State TX 6 5 Zip 76201 7 3 City Denton 7 4 State TX 7 5 Zip 76201 76 Authorized Agent s Phone No Area Code l 817 1 566-8317 Original Signature of Authorized Agent 10/2/96 Date 09/20/96 14 22 V211 320 6615 TXDOT-DLS MAINT -+4 ELSOM fij001/001 EXHIBIT E ATTACMMNT A Inasmuch as this project is on the Federal -Aid highway system, the following additional requirements as applicable with the Federal Highway Administration's Title 23, Code of Federal Regulations, Section 713. 1. Any significant revision in the design or construction of the facility shall receive prior approval by the Texas Department of Transportation subject to concurrence by the FHWA. 2. Any change in the authorized use of airspace shall receive subjeapproval by the Texas by the Department of Transportation subject 3. The airspace shall not be transferred, assigned or conveyed to another party without prior Texas Department of Transportation approval subject to concurrence by the FHWA. e event 4. This airspaceeement facility ill be revokable in ceases to be used or ishaband abandoned. the FXHIBIT E