1996-215d \~PDOCS\ORD\PAV[LL! 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 DENTON HERITAGE CHRISTIAN ACADEMY, INC. DBA
DENTON HUMANITARIAN ASSOCIATION 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, AT 221 WEST
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 C~ty of Denton believes that
the establishment of a Day Labor Pavilion ~n the City of Denton ls
an important service benefitting the residents of the City and
generally promotes the public safety; and
WHEREAS, the City of Denton on this date has entered into a
Multiple Use Agreement with the Texas Department of Transportation
which permits the City to construct, maintain and operate a day
labor pavilion, on the highway right-of-way of U.S. 377 in the City
of Denton, at 221 West collins Street. The Multiple Use Agreement
between the city of Denton, Texas and Texas Department of Transpor-
tation provldes that the Clty may subsequently enter into a
separate multiple use agreement with a third party, which thlrd
party would construct, malntaln and operate the day labor pavilion,
and
WHEREAS, the City has determined that Denton Heritage Christian
Academy, Inc., a Texas Non-Profit Corporation, is committed to and
has great interest in establishing a day labor pavlllon in the City
of Denton, and is willing to undertake the construction, malnte-
nance and operation of the day labor pavilion in the city of
Denton, all at no cost to the City. NOW, THEREFORE:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
~ That the Clty Manager is authorized to execute a
Multiple Use Agreement between the C~ty of Denton, Texas and the
Denton Heritage Christian Academy, Inc., a Texas Non-Profit
Corporatlon doing business as Denton Humanitarian Assoclat~on, to
permit the construction, maintenance and operatlon of a day labor
pavlllon on the Hlghway Right-Of-Way of U.S 377 in the city of
Denton, Texas at 221 West Collins Street, under the terms and
conditions contained in sald agreement which ls attached hereto and
made a part hereof.
~ That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the~ day of~ 1996.
JAC~~ -
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:~
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
~ULT~PLE USE ~GREEI~ENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT by and between the City of Denton, Texas,
hereinafter referred to as the "CITY" and Denton Heritage Christian
Academy, Inc. doing business as Denton Humanitarian Association, a
Texas non-profit Corporation hereinafter referred to as the "Denton
Humanitarian Association" is to become effective when last
executed.
WITNESSETH
WHEREAS, Denton Humanitarian Association has requested the CITY
to permit the construction, maintenance and operation of a Day
Labor Pavllion on the highway r~ght-of-way of U.S. 377 in the City
of Denton, Denton County, Texas, at 221 W Collins street as shown
on the site plan in Exhlbit "A" Construction plans for areas to
be developed as a part of th~s agreement will be submitted by
Denton Humanitarian Association and the CITY to the State of Texas
Department of Transportation (hereinafter referred to as "TXDOT"),
for approval along with metes and bounds description covering the
specific area development. When approved by TXDOT, these metes and
bounds descriptions (Exhibit "B") and construction plans (Exhibit
"C"), made a part hereof and ~ncorporated herein by reference,
shall be made a part of this agreement; and
WHEREAS, the CITY has indicated ~ts willingness to approve the
establishment of such facilities and other uses conditioned that
the Denton Humanitarian Association wlll enter into agreements w~th
the CITY for the purpose of determ2nlng the respective responsibil-
Ities of the Denton Humanitarian Association and the CITY with
reference thereto, and conditioned that such uses are ~n the public
interest and will not damage the highway facilities, impair safety,
impede maintenance or in any way restrict the operation of the
hlghway facility, all as determined from engineering and traffic
investigations conducted by TXDOT; and
WHEREAS, the CITY has entered ~nto a Multiple Use Agreement
w~th TXDO [hereinafter l~f~red to as the "TXDOT Agreement"),
dated the~ day of~ 1996, in which TXDOT and the
CITY have agreed that a~r~lSavillon may be constructed,
maintained and operated by the CITY or by a third party who
contracts with the CITY to do so.
WHEREAS, Denton Humanitarian Association, is desirous of
entering into a multiple use agreement with the CITY which permits
Denton Humanitarian Asso¢2atlon, to construct, maintain and operate
a Day Labor Pavilion at the location described herelnabove, at no
cost to the CITY, and
WHEREAS, the CITY considers that its entry into thls Multiple
Use Agreement with Denton Humanitarian Association, is essential to
support the activities of Denton Humanitarian Association to
generally promote economic development within the CITY of Denton,
and that these actlvltles constltute a part of the CITY's intention
to promote and stimulate business and commercial activity which
constitute a public purpose;
NOW, THEREFORE, in conslderatlon 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, the CITY
and Denton Humanitarian Association do hereby AGREE as follows:
1. TERM OF AGREEMENT
The term of this agreement shall be for a period of ten (10)
years, commencing on October 1, 1996 and ending September 30, 2006
Thereafter, this agreement may be renewed for successive additional
one (1) year terms commencing on October 1, 2006, and on October 1
for eaah successive year thereafter, provided that the CITY and
Denton Humanitarian Association agree in writing on or before
August 1 of each successive year in which the CITY and Denton
Humanitarian Association intend to renew this agreement, provided
however, notw~thstandlng the provls~ons of th~s paragraph respect-
lng the term of this agreement or any other provision of this
agreement, either party may terminate this agreement, upon sixty
(60) days advance written not~ce to the other
2. PAYMENT TO THE CITY
Denton Humanltarlan Association shall pay the sum of One
($1.00) Dollar to the City of Denton on the date this agreement is
signed by both partles as consideration for the initial term of
this agreement. Denton Humanitarian Association further agrees to
pay as further consideration, the additional sum of One ($1.00)
Dollar to the city of Denton on the date any additional one-year
renewal agreement is signed by both parties.
3. CONSTRUCTION PLANS
The parties hereto will prepare or provide for the construction
plans for the facility, and Denton Humanitarian Association will
provide for the construction work as required by said plans at no
cost to the CITY and TXDOT. Sald plans shall include the design of
the acaess control, necessary horizontal and vertical clearances
from highway structures, adequate landscape treatment, and general
layout; and they shall also delineate and define the construction
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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 CITY and TXDOT.
4. 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
parking or other activities for periods required for such opera-
tlons will be prohibited.
5. PARKING REGULATIONS
Parking regulatlons shall be established limiting parking to
slngle unit motor vehicles of s~ze and capacity no greater than
prescribed for 1-1/2 ton trucks, such vehicles to conform in size
and use to governing laws. Parking shall be permitted only in
marked spaces.
6. PROHIBITION/SIGNS
Regulations shall be established and prohibiting the parking 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 s~gns other than those required for proper use of
the area will be prohibited. All signs shall be approved by the
CITY and TXDOT.
7. RESPONSIBILITIES
Maintenance and operation of the facility shall be entirely the
responsibility of Denton Humanitarian Association. Such responsi-
bility shall not be transferred, assigned or conveyed to any other
party without the written approval of the CITY Further, such
responsiblllty shall include picking up trash, mowing, surface area
patching, tree and shrub care, flower-bed care, ~rr~gatlon system
maintenance, and otherwise keeping the facility ~n a clean and
sanitary condition, and surveillance by police patrol to eliminate
the possible creation of a nulsance 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 drlpplng, droppings or discharge of any
kind, ~n¢luding rain or snow. The area to be maintained is defined
as all surfaces not utilized by traffic lanes and adjacent shoulder
wlthln the highway right-of-way, including the surfaced area under
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the structures.
8. FEES
Any fees levied by Denton Humanitarian Association for use of
the faoillties in the area shall be nominal and no more than are
sufficient to defray the cost of constructlon, maintenance and
operation thereof, and shall be subject to written approval of the
CITY and TXDOT.
9. TERMINATION UPON NOTICE
This provision is expressly made subject to the rights herein
granted to both parties to termlnate this agreement upon notice,
and upon the exercise of any such rlght by e~ther party, all
obligations herein to make ~mprovements to said facility shall
immediately cease and termlnate.
10. MODIFICATION/TERMINATION OF AGREEMENT
Denton Humanitarlan Assoclat~on understands and agrees that if
in the sole judgment of TXDOT it is found at any future time that
traffic conditions have so changed that the existence of use of the
facllity ~s impeding maintenance, damaging the highway facility,
impairing safety or that the faclllty is not being properly
operated, that it constitutes a nuisance, ~s abandoned, or ~f for
any other reason it is the CITY's or TXDOT's judgment that such
faclllty is not in the publlc interest, this agreement under which
the facility was construed may be: (1) modified if corrective
measures acceptable to Denton Humanitarian Association, the CITY,
and TXDOT can be applied to ellmlnate the objectionable features of
the facility; or (2) termlnated, and the use of the area as
proposed herein d~scont~nued.
ll. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS
All structures located or constructed wlthln the area covered
by the agreement shall be f~re resistant. The storage of flamma-
ble, explosive or hazardous mater~al as is prohibited. Operations
deemed to be a potential fire hazard shall be subject to regulation
by the CITY and TXDOT.
12. RESTORATION OF AREA
Upon wrltten notification by e~ther party hereto that such
facility should be discontinued, each party shall, w~thln slxty
(60) days, clear the area of all facilities that were its construc-
tlon responsibility under this agreement, as necessary to restore
the area to a condition satisfactory to the CITY and TXDOT.
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13. INDEMNIFICATION
Denton Humanitarian Association, shall, insofar as it is
legally permitted and subject to such limitations, indemnify the
CITY and TXDOT 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,, arising out of, incident to or ~n
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 CITY and/or TXDOT to do so,
assist the CITY and/or TXDOT w~th, or relieve the CITY and/or TXDOT
from defending any suit brought against them. The CITY does not
intend to waive, relinquish, limit or condition its right to avoid
any such liability by claiming its governmental ~mmunlty.
When notified by the CITY to do so, Denton Humanitarian
Association shall promptly pay TXDOT 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 TXDOT
for costs of construction and/or repair work made necessary by
reasons 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 be 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.
14. INSURANCE
Denton Humanitarian Association 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 CITY and TXDOT harmless
from damages, to the extent of said ~nsurance coverage and insofar
as it can legally do so. Prior to beginning work on the State's
right-of-way Denton Humanitarian Association's construction
contractor shall submit to the CITY and TXDOT a complete insurance
form (TXDOT Form No. 1560) and shall maintain the required coverage
during the construction of the facility.
During the term of this agreement, Denton Humanitarian
Association shall maintain at all times, the following insurance
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coverage with an insurance company licensed to do bus~ness in the
State of Texas by the State Insurance Commission, or any successor
agency that has a rating with A.M. Best Rate Carriers of at least
"A-" or above, to wit:
Comprehenslve General Llab~llty Insurance with a Combined
Single Limit of not less than $1,000,000.
Denton Humanitarian Association shall furnish the CITY
lnsuranoe certificates or policies, at the CITY's request to
evidence such coverage. The insurance policies shall name the CITY
as an additlonal Insured on all such policies and shall contain a
provlsion that such ~nsurance shall not be cancelled or modified
without ten (10) days prior written notice to the CITY and Denton
Humanitarian Association. In such event, Denton Humanltarian
Assoclat~on shall, prior to the effective date of the change or
cancellation, provide CITY with substltute policies furnlshlng the
same coverage.
15. USE OF RIGHT-OF-WAY
It is understood by Denton Humanitarian Association that by
execution of th~s agreement, nothing impairs or relinquishes
TXDOT'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 TXDOT of such
land acquired for highway purposes Denton Humanitarian Associa-
tion understands that TXDOT, in the TXDOT agreement or otherwise,
has not purported to grant any interest ~n land described herein to
the CITY or to Denton Humanitarian Association but has merely
consented to such use to the extent TXDOT's authorlty and title
permits.
16. ADDITIONAL CONSENT REQUIRED
TXDOT has asserted to the CITY in the TXDOT agreement, only
that ~t has sufficient t~tle for h~ghway purposes. The CITY and
Denton Humanitarian Assoclatlon shall be responsible for obtaining
such additional consent or agreement as may be necessary due to
thls agreement. This includes, but is not llmited to, public
utilities.
17. FHWA ADDITIONAL REQUIREMENTS
If the facility is located on the Federal-Aid H~ghway System,
"ATTACHMENT E", which states additional requirements as set forth
in the Federal Highway Adminlstrat~on's Federal-Aid Highway Program
Manual, shall be attached to and become a part of this agreement.
Page 6
18. CIVIL RIGHTS ASSURANCES
Denton Humanitarian Association, for itself, its successors in
lnterest and its asslgns, 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 ~n, be denied the beneflts of,
or be otherwise subjected to d~scrlmlnatlon in the use of sa~d
faclllty; (2) that in the ¢onstructlon of any improvements on, over
or 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 ln, den~ed the benefits of, or
otherwise be subjected to dlscrlmlnatlon; (3) that Denton Humanl-
tartan Association shall use the premises In compllance with all
other requirements lmposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportatlon, Subtitle A,
Off~ce of the Secretary, Part 21, Non-discrimination in Federally-
Assisted programs of the Department of Transportatlon - Effectua-
tlon of Title VI of the Clvll Rights Act of 1964, and as said
Regulatlons may be amended.
That if in the event of any breach of the above non-discrimina-
tion covenants, the CITY shall have the right to terminate the
agreement and re-enter and repossess said land and the facilities
thereon, and hold the same as ~f said agreement had never been made
or issued.
List of Attached Exhibits:
Exhlblt A General Layout
Exhibit B Metes and Bounds Description of project Ares as
developed
Exhibit C Construction Plans (lncorporated here~n)
Exhibit D Certification of insurance (TXDOT Form 1560 from
contractors as Projects are let)
Exhibit E Attachment A (FHWA Addltlonal Requirements)
IN WITNESS HEREOF, the Clty of Denton, Texas has caused this
Multiple Use Agreement to be executed by lts duly authorized city
Manager, and Denton Humanitarian Associatlon has executed this
agreement by and through its duly authorized, undersigned officer
on thls the day of , 1996.
CITY OF DENTON, TEXAS
("CITY")
BY:~E/DD~BENAVlDES, CITY MANAGER
Page 7
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Tltle. PRESIDENT
ATTEST:
J \WPDOCS\K\DAYLAB AGR
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