1996-214d \NPDOCS\ORD\DAYLAB ORD
ORDINANCE NO.
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 assmst them in their search for day
labor, and
WHEREAS, the C~ty Council of the Cmty of Denton believes that
the establishment of a Day Labor Pavilmon in the city of Denton ~s
an important service benef~ttlng the residents of the c~ty and
generally promotes the public safety, NOW, THEREFORE:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS'
~ That the City Manager ~s authorized to execute a
Multiple Use Agreement between the city of Denton, Texas and the
Texas Department of Transportatmon to permlt the construction,
malntenance and operation of a day labor pavilion on the h~ghway
right-of-way of U.S. 377 in the City of Denton, Texas near collins
Street, under the terms and conditions contained in sald 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 th~s the~day of~ 1996.
JAC~ILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
(} - -Y --
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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 effecuve 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 v~th metes and bounds descnpuon
covenng the specific area development When approved by the State, the metes and
bounds descnpUon, 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 wfihngness to approve the
establishment of such facfliues and other uses conditioned that the City will enter
into agreements w~th the State for the purpose of determining the respective
responsibilities of the City and the State w~th reference thereto, and conditioned that
such uses are in the public interest and will not damage the highway facflmes, impair
safety, impede maintenance or in any way restrict the operation of the highway
facility, all as determined from engmeenng 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 iespectively kept and performed
as hereinafter set forth, it is agreed as follows
Page 1 of 6
1 CONSTRUCTION PLANS
The City hereto wall prepare or provide for the construction plans for the facility, and
~vlll piovide 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
responslNhtles 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 inspecnon purposes, and upon request,
all parMng or other activities for periods reqmred for such operations wall be
prohibited
3 PARKING REGULATIONS
ParMng regulations shall be established limiting parMng to single unit motor vehicles
of size and capacity nogt.aterthan prescribed for 1-1/2 ton trucks, such vehicles to
conform in size and use to governing laws Parkang shall be penmtted only in marked
spaces
4 PROHIBITIONS/SIGNS
Regulations shall be established prohibiting the parl~ang 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 wath the oblecnve of a public
facility The erection of signs other than those required for proper use of the area vail
be prohlNted All signs shall be approved by the State
5 RESPONSIBILITIES
Maintenance and operation of the facility shall be ennrelv the responsibility of the
City Such responslNhtv shall include DcMng up trash, mowang, surface area
patching, tree and shrub care, flower-bed care, nnganon system maintenance, and
other~se keeping the facility in a clean and sanitary condmon, and surveillance by
Page 2 of 6
pohce patrol to ehmanate the possible creataon of a nuasance or hazard to the publac
Hazardous or unreasonably oblectionable smoke, fumes, vapor or odors shall not be
permatted to r,se above the grade lane of the haghway, nor shall the facility sublect the
haghway to hazardous or unreasonably oblectlonable dripping, droppings or dascharge
of any lund, mcludang rain or snow The area to be maantained is defined as all
surfaces not utilized by traffic lanes and adlacent shoulder vathin the highway right-
of-way, including the surfaced area under the structures
6 FEES
Any fees levied for use of the facflmes 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 sublect to wratten approval of the State
7 TERMINATION UPON NOTICE
Thas provision is expressly made sublect to the rights herean granted to both parties to
terminate this agreement upon horace, and upon the exercise of any such raght by
either party, all obhgataons herean to make improvements to saad facllaty shall
ammedlately cease and terminate
8 MODIFICATION/TERMINATION OF AGREEMENT
If in the sole ludgment of the State at is found at any future time that traffic
conditions have so changed that the exastence of use of the facahty as impeding
maintenance, damaging the highway facflaty, ampaanng safety or that the facilaty as
not being properly operated, that it constitutes a nuasance, as abandoned, or if for any
other reason it is the State's ludgment that such facility as not in the publac interest,
thas agreement under which the facflaty was constructed my be (1) modafied if
corrective measures acceptable to both partaes can be applaed to eliminate the
oblectaonable features of the facalaty or (2) terminated and the use of the area as
proposed herean discontinued
9 PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS
All structures located or constructed unthm the area covered by the agreement shall
be fire resastant The storage of flammable, explosave or hazardous materaals is
prohablted Operataons deemed to be a potential fire hazard shall be sublect to
regulation by the State
Page 3 of 6
10 RESTORATION OF AREA
Upon written not~ficauon by either party hereto that such facility should be
discontinued, each party shall, w~thin 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
11 INDEMNIFICATION
The City shall, insofar as it is legally permitted and sublect to such limitations,
indemnify the State against any and all damages and claims for damages, including
those resulting from lnlury to or death of persons or for loss o£ or damage to
property,, arising out of, incident to or in any manner connected w~th 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 v~th any claims or suits for damages and shall, If requested in wrmng by
the State to do so, assist that State w~th 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 repmring any damages to the highway facility which may
result from its construction, mmntenance or operating o£ 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 bv 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 oi: the parties hereto nor shall it ever by construed
as relieving any third party or parties from any liabilities o£ 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 parries
legally liable for having cause it to pay or disburse anv sum of money hereunder
12 INSURANCE
The City shall provide necessary safeguards to protect the pubhc 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 lehnqmsh 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 add~tional 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-Pad Highway System, Exhibit 'E",
"Attachment A", which states additional requirements as set forth in the Federal
Highway Administration's Federal-Pad Highway Program Manual, shall be attached
to and become a part of th~s 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 wath 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 sublected to discrimination in the use of said facility, (2) that in the
construction of any improvements on, over o~ 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 other~v~se be sublected to
discrimination, (3) that the City shall use the premises in compliance wth 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
discmmlnanon an Federally-Asmsted programs of the Department of Transportation -
Effectuanon of Tatle V1 of the Clvd Raghts Act of 1964, and as said Regulations may
be amended
That afm the event of any breach of the above non-discrimination covenants, the
State shall have the right to termanate the agreement and reenter and repossess smd
land and the facahnes thereon, and hold the same as if said agreement had never been
made or issued
List of Attached Exhibits
Exhabat A - General Layout
Exhabat B - Metes and Bounds Descnpnon of prolect Ares as developed
Exhibit C - Construction Plans (incorporated hereto)
Exhabat D - Certlficanon of insurance (TxDOT Form 1560 from contractors as
Prolects are let
Exhibit E - Attachment A (FHWA Additional Requarements)
IN WITNESS WHEREOF, the parties have hereunto affixed thear sagnatures
CITY OF DENTON STATE OF TEXAS
By ~~--~"~'~~ Certafied as being executed for the purpose
City Manager and effect of acuvatmg and/or carryqng out
the orders, estabhshed policies or work
Date ~[~t]/~6 programs heretofore approved and authonzed
~ ~ by the Texas Transportation Commission
under the authority of Minute Order 100002
ATTEST
~/ ' /'~ITLE lson, P E
APPROVED AS TO LEGAL FOR}{ 12~J~as District Enganeer
HERBERT L. PROUTY, CITY ATTORNEY
Page 6 of 6
Wa~erLtt
i
I ,
I
LANDSCAPE IRRIGATION PLAN
Scale: 1" = 20'-0'
0CT-02-1996 15 13 CITY OF DENTON PLANNING P 02/02
PRELIMINARY DR, AFT · PENDING F1E[,.~ V~RIF"ICATION OF' PROPERTY CORNER LOCATIONS
~HW
ALl. that certain lot, tract or parcel of land lying and bang situated in the City and
County of Denton, State ofTe~o~ m the Alexander Hill Survey, Abstract Number 623 and
being more particularly described as follows:
COMMENCI]qG at the northeast corner of tract conveyed from Nonn~e Brnce to the State
of Texas by deed recorded in Volume 289, Page 478 of the Deed Records of Denton County,
Texas;
THENCE North 52° 32' 41" West to the POINT OF BEGINNING;
THENCE South 18° 49' 13" %Vest a distance of 199.71 feet to a point for corner;
THENCE North 65° 19' 32" V~est a distance of 92.06 feet to a point for corner;,
THENCE North 02° 07' 20" West a distance of 28.06 feet to a pomt for corne~
THENCE North 07~ 24' 11" West a distance of 40.32 feet to a point for corner;,
THENC]~ North 15° 22' 07" West a d~stance of 49.01 feet to a point for corner;,
THF..NCE North 62° 15' 10' East a distance 0f55.77 feet to a point for corner;
THENCE North 57° 29' 15" East a distance of 42.51 feet to a pomt for corner;,
THENCE North 45° 00' 50" East a distance 0f39.67 feet to a point for corner;,
THENCE South 52° 26' 41" East a distance of 68.16 feet to the POl~qT OF BEGINNING
and containing .519 acre of had.
EXHIBIT D
TxDOT Form No 20102 (Rev 1291) Previous editions of this form may not be used NOTE Copies of the endorsements hsted
below are not required as attach-
TEXAS ~ ments to th~s certificate
DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF INSURANCE
The named contractor shall not commence work until he/she has obtained the m~mmum insurance speofled m Section II below, and obtmned
the fo~owmg endorsements the Texas Department of Transportation as an Add~tmnal insured for coverages 3 and 4 and a Wmver of
Subrogation in favor of the same department under coverages 2, 3 and 4 On[y certificates of insurance pubhshed by th~s department are
acceptable as proof of insurance Commercial carners certificates are unacceptable
SECTION I - IDENTIFICATION DATA
1 1 Insured Contractor's Name
Cqty of Denton
1 2 StreetlMalhng Address
215 E. McTCfnney
13 Oty I 14 State 15 Z~p
Denton Texas 76201
1 6 Phone Number
AreaCode( 817 ) 566-8317
SECTION II - TYPE OF INSURANCE
Type Pohcy Effective Expiration L~mlts of babd~ty
Number Date Date Not Less Than
2 WORKERS'COMPENSATION Self
2 1 Insured 2 2 N/A 2 3 N/A Statutory-Texas
Endorsed w~th a Waiver of Subrogation m favor of the Texas Department of Transportation
3 COMMERCIAL GENERAL LIABILITY Self Insured
Boddylnlury/Property 3 1 3 2 3 3 $325,000 combined
Damage single hm~t each
occurrence and In the
aggregate
Endorsed w~th the Texas Department of Transportation as an Additional Insured and endorsed w~th a Waiver
of Subrogation m favor of the Texas Department of Transportation
4 TEXAS BUSINESS AUTOMOBILE POLICY Self Insured $325,000 CSL
A Bodily Injury 4 1 4 2. 4 3 ~L~a. XR~X)
B Property Damage 4 4 4 5 4 6 ~(~X~g~-qT:P~e
Endorsed w~th the Texas Department of Transportation as an Additional Insured and endorsed w~th a Wmver
of Subrogation m favor of theTexas Department of Transportation Add±tiona[ insured - ?XDOT
5 UMBRELLAPOLICY(IfApphcable) Waiver of Subrogation in favor of TXDOT
51 52 53 $
SECTION III - CERTIFICATION
Thru Certificate of insurance nmther affffmatlvely or negatwely amends, extends, or alters the coverage afforded by the above msura nco policies
issued by the insurance company named below
Cancellation of the insurance pohcleS shall not be made Until THIRTY DAYS AFTER the undersigned agent or his/her company has sent written
notices by certified mall to the contractor and the Texas Department of Transportation
THiS IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the insurance pohoes above meet all
the requirements stipulated above and such pohcles are in full force and effect
61 Name of Insurance Company 71 Name of Autho.zed Agent
215 E McKinney 215 E McKinney
Denton TX 76201 Denton TX 76201
AreaCode ( 817 ) 566-8317 '"~h/~Ck~(~C~t~R.,-~ 10/2/96
09/20/96 14 22 ~21t 320 6615 TXDOT-DLS MAINT *~ ELSOM ~001/001
EXHIBIT E
ATTAC~I~ENT A
Inasmuch as this project is on the Federal-Amd highway system, the
following additional req~iremente as applicable with the Federal
Highway Adm=nistration's Title 23, Code of Federal Regulations,
Section 713.
A ........ ~-~An in the deslan or construction of the
1. f~ility shall receive prior approval by the Texas Department
of Traneportatxon subject to concurrence by the FHWA.
2. Any change in the authorized use of airspace shall recelve
prior approval by the Texas Department of Transportation
subject to concurrence Dy the FHWA.
3. The airspace shall not be transferred, assigned or conveyed to
another party wxthout prior TeXas Department of Transportation
approval s~bject to concurrence by the FHWA.
4. This agreement will be revokable in the event that the
airspace f~cility ceases to be used or is abandoned.
FXHIBIT E