2000-136NO
AN ORDINANCE APPROVING A MULTIPLE USE AGREEMENT BETWEEN THE CITY
OF DENTON AND THE STATE OF TEXAS BY THE TEXAS DEPARTMENT OF
TRANSPORTION FOR A RAIN GAUGE STATION IN THE EASTERN RIGHT-OF-WAY
OF F M !56 AT HICKORY CREEK IN THE CITY OF DENTON, TEXAS, AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO SIGN THE AGREEMENT, AND
PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The City Manager, or his designee ~s hereby authorized to execute an
agreement between the City and the State of Texas by the Texas Department of Transport~on for
a rain gauge station m the eastern right-of-way of F M 156 at Hickory Creek an the Clty of
Denton, Texas, m substantmlly the form of the agreement attached to and made a part of this
ordinance for all purposes
SECTION 2 The City Manager ~s authorized to make the expenditures as prowded ~n the
attached agreement
SECTION 3 This ordinance shall become effective ~mmedlately upon 1ts passage and
approval
PASSED AND APPROVED this the //~'~-~// dayof f'~.~ ,2000
ATTESTt
JENNIFER WALTERS, CITY SECRETARY
API~OVED AS TO LEGAL FORM
HERBE~UTY, CITY ATTORNEY
STATE OF TEXAS
COUNTY OF TRAVIS
MULTIPLE USE AGREEMENT
THIS AGREEMENT made by the State of Texas by and between the Texas Department
of Transportation, hereinafter referred to as "State", party of the first part, and the City of
Denton, hereinafter called the "City", party of the second part, ~s to become effective when
executed by both part~es
WITNESSETH
WHEREAS, on the da~f ~ .2000, the govermng body for the City,
entered mt0 Resolutton~o~No~a~~ hereinafter ~dentffied by reference,
authorizing the Oty's parttopaO, onm flus agreement with the State, and
WHEREAS, the Oty has requested the State to perrmt construction, mamtenance and
operation of a ram gauge statmn ~n the exastmg eastern right of way of F M 156 at I-hckory
Creek shown graplucally by the prehrmnary conceptual site plan ~n Exhibit 'A' and being
more particularly described by metes and bounds of Extubit "B', wtuch are attached and
made a part hereof, and
WHEREAS, the State has md~cated its wfllmgness to--approve the estabhshment of such
faohtaes and other uses condit~oned that the City will enter into agreements w~th the State for
the purpose of deterrmnmg the respecO_ve responslblhtaes of the City and the State w~th
reference thereto, and conditioned that such uses are in the public interest and wdl not
damage the tughway faoht~es, lmpmr safety, impede maintenance or m any way restrict the
operataon of the tughway faohty, all as determined from engineering and traffic
mvest~gatmns conducted by the State
I
AGREEMENT
Now, THEREFORE, in consideration of the prermses 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
1. CONSTRUCTION PLANS
The parties hereto will prepare or provide for the construction plans for the facility, and will
provide for the construction work as required by smd plans at no cost to the State Said plans
shall include the design of the access control, necessary horizontal and vertical clearances
from tughway 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 faclhty for Federal I-hghway
Advmmstration personnel and State Forces and equipment when l'ughway maintenance
operations are necessary, and for inspection purposes, and upon request, all parkang or other
activities for periods reqmred for such operations will be prol'ublted
3 PROHIBITIONS/SIGNS
Regulations shall be established protub~tmg the parking of vehicles transporting flammable
or explosive loads and protublting use of the area in any manner for peddling, advertising or
other purposes not in keeping with the objective of a pubhc faclhty The erection of signs
other than required for proper use of the area w~ll be protublted All signs shall be approved
by the StatE prior to the actual erection
4 RESPONSIBILITIES
Maintenance and operation of the facdity shall be entirely the responsibility of the City Such
responsibility shall not be transferred, assigned or conveyed to a ffurd party without the
advanced written approval of the State Further, such responsiblhty shall ~nclude pickang up
trash, mowing and otherwise keeping the facility in a clean and samtary condition, and
surveillance by police patrol to ehrmnate the possible creation of a nuisance or hazard to the
public Hazardous or unreasonably objectionable smoke, fumes, vapor, or odors shall not be
perrmtted to rise above the grade line of the l'ughway, nor shall the facility subject the
tughway to hazardous or unreasonably objectionable dripping, droppings or discharge of
any k~nd, including rain or snow
5 TERMINATION UPON NOTICE
This provision is expressly made subject to the rights herein granted to both part~es to
terrmnate ti'us agreement upon not~ce, and upon the exercise of any such right by either
party, all obhgahons herem to make improvements to said faclhty shall immediately cease
and terrmnate
6 MODIFICATION/TERMINATION OF AGREEMENT
If in the sole judgment of the State it is found at any future t~me that traffic conditions have
so changed that the eyastence or use of the faclhty is impeding mmntenance, damaging the
tughway faohty, lmpmring 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 judgments that
such a faclhty is not in the pubhc interest, ti'us agreement under wl'uch the facihty was
constructed may be. (1) modified if corrective measures acceptable to both parhes can be
applied to ehrmnate the objectionable features of the facility or (2) terrrunated and the use of
the area as proposed herein disconhnued
7 PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS
All structures located or constructed w~thm the area covered by the agreement shall be fire
resistant The storage of flammable, explosive, or hazardous materials is prolubited
Operations deemed to be a potential fire hazard shall be subject to regulation by the State
8 RESTORATION OF AREA
The City shall provide written notification to the State that such facility will be discont~nued
for the purpose defined herein The City shall wlffun tl'urty (30) days from the date of smd
not~ficahon, clear the area of all faclht~es that were its construchon responsibility under this
agreement and restore the area to a condition satisfactory to the State
9 PREVIOUS AGREEMENT
It is understood that ti-us agreement in no way modifies or supersedes the terms and
provisions of any existing agreements between the part~es hereto
10 INDEMNIFICATION
The City shall, insofar as it is legally pernutted and subject to such llrrutatmns, indemnify the
State against any and all damages and clmms 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
in any manner connected with any claims or suits for damages resulting from the facility and
shall, if requested in writing by the State to do so, assist the State with or reheve the State
from defending any suit brought against it Neither party hereto intends to waive,
relinquish, lirmt or condition its right to avoid any such habihty by daimlng its governmental
lrflI~urllty
When notified by the State to do so, the other party hereto shall w~thln thtrty (30) days from
receipt of the State's written notification pay the State for the full cost of repamng any
damages to the highway facihty which may result from its construction, maintenance or
operation of the faclhty, 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 hablllty in favor of any third
party against the State and the City Additionally, ti-us agreement shall not ever be construed
as rehevlng any third party from any liability against the State and the City, but the City shall
become fully subrogated to the State and shall be entitled to maintain any actaon over and
against the third party which may be hable for having caused the City to pay or disburse any
sum of money hereunder
11 INSURANCE
The City shall provide necessary safeguards to protect the public on State-mamtalned
highways or right of way including adequate ~nsurance for payment of any damages which
rmght result of the Cxty's use of the faclhty and to hold the State harmless from damages by
providmg a Certificate of Insurance, TxDOT form 1560, narmng the State as as Additional
Insured Smd Certificate of Insurance is attached hereto and made a part hereof for all
purposes Or in the alternative if the City is self-insured at the execuhon of flus Agreement
or prior thereto, the City shall prowde State documentahon of self-insurance
12 USE OF RIGHT-OF-WAY
It is to be understood that the State by execution of this agreement does not impair or
relinquish the State's right to use such land for right of way purposes when it as reqmred for
the purposes 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 acquuted 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 ~ts authority and t~tle perrmts
13 ADDITIONAL CONSENT REQUIRED
The State asserts only that it does not necessarily have sufficient t~tle for highway purposes
The City shall be responsible for obtmrung such additional consent or agreement as may be
necessary due to this agreement This includes, but is not hn'uted to, pubhc utilities
14 FHWA ADDITIONAL REQUIREMENTS
The facility is not located on the Federal-A~d Highway System
15. CIVIL RIGHTS ASSURANCES
The City, for itself, its personal representatives, successors and interests and assigns, as part
of the conslderatmn hereof, does hereby covenant and agree as a covenant runmng w~th the
land that (1) no persons, on the ground of race, color, sex, age, national origin, rehg~on, or
disabling condition, shall be excluded from part~cipat~on m, be demed the benefits of, or be
otherwise subjected to discnrmnatmn In the use of said faclhty, (2) that in the construction of
any improvements on, over or under such land and the furmstung of serwces thereon, no
person on the ground of race, color, sex, age, national origin, rehg~on, or dlsabhng condihon,
shall be excluded from pari~clpatmn in, derued the benefits of, or otherwise be subjected to
dlscrm'unat~on; (3) that the City shall use the prermses 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-discrimination in
Federally-Assmted programs of the Department of Transportahon-Effectuatmn of Title VI of
the Civil R~ghts Act of 1964, and as smd Regulahons may be amended
That if m the event of any breach of the above non-dlscrlrmnat~on covenants, the State shall
have the right to terminate the agreement and reenter and repossess said land and the
faclht~es thereon, and hold the same as if said agreement had never been made or issued
16. AMENDMENTS
Any changes in the t~me frame, character or responslbdit~es of the parhes hereto shall be
enacted by a written amendment executed by both part~es hereto
17 LEGAL CONSTRUCTION
In case one or more of the provisions contained in th~s agreement shall for any reason be held
invalid, illegal, or unenforceable in any respect, such lnvahdlty, illegality or unenforceabfllty
shall not affect any provision hereof and ti'us agreement shall be construed as ff such invalid,
illegal, or unenforceable provision had never been contained in ti'us agreement
18 REMOVAL/ADJUSTMENT OF FACILITIES
If the r~ght of way subject to the agreement is reqmred for future State tughway purposes,
then the City shall remove or make adjustments to their facilities, as deterrmned by the State,
at no expense to the State
19. NOTICES
All notices required under flus agreement shall be mmled or hand dehvered to the following
respective addresses
STATE
Texas Department of Transportataon
Dallas District
P O Box 133067
Mesqrute, Texas 75313-3067
CITY
Caty of Denton
221 N Elm St
Denton, Texas 76201
List of Attached Extublts
Extubit A1-
Exlublt A-
Extublt B-
Extubit C-
Location Map
Conceptual Site Plan
Metes and Bounds Descriphon
Documentatton of Self-Insurance
In Witness Whereof, the parttes have executed duphcate original counterparts to flus
agreement to become effectave on the date last executed
CITY OF DENTON
Michael W Jez
City Manager
City cretary
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
Executed for the Execuhve D~rector and
approved by the Texas Transportation
Comrmsslon for the purpose and effect of
achvat~ng and/or carrying out the orders,
and estabhshed policies, or work programs
heretofore approved and authorized by the
Texas ~r~nsportat~on Cormmssslon
~y R I~elson, P E
Dallas Distnqt Engineer
816-2
EXHIBIT A1
LOCATION MAP
---- 2
$
PROSF
036
TARRANT
CO
81-9 3559-1
076 /0
~547-1
0
2250'~
43
DENTON
EXHIBIT 'A'
CONCEPTUAL gITE
PLAN
Gamy ]], Nei~son
Instr, No, 95-R0086993
R,P R ]],C,T,
7'O0'E 10 00'
'O0'E 80 00'
10' x 80'
RAIN & STREAM GAUGE
MONITORING STATION AREA
Z
~q
~q
SCALE:
City of Denton
Rigkt-of - May D~ws~on
= 100'
99-OOO03-DR~N
Tx~)nT
EXHIBIT 'B'
County Denton
Highway F M 156
Project Lirmts F M 156 at I-hckory Creek
Page 1 of 1
December 16, 1999
BEING 800 square feet of land, more or less, situated in the W~lham Stoneham Survey,
Abstract Number 1145, Denton County, Texas and being part of a tract of land
conveyed to the State of Texas, acting by and through the State Highway Comrmsslon
by deed as recorded in Volume 322, Page 124, Deed Records, Denton County, Texas,
said 800 square feet of land being more particularly described by metes and bounds as
follows
BEGINNING at a point at the intersection of the eastern right of way hne of Farm-to-
Market 156 and the centerlme of t-hckory Creek, also being the southwest corner of a
tract of land conveyed to Gary D and Martha S Nellson by deed as recorded in
Instrument Number 95-R0026993 of the Real Property Records of Denton County,
Texas,
THENCE North 31 degrees 17 rmnutes 00 seconds West along the centerlme of said
Hickory Creek for a distance of 10 00 feet to a point for corner,
THENCE North 18 degrees 58 minutes 00 seconds East, parallel to the said eastern right
of way line F M 156 for a distance of 80 00 feet to a point for corner,
THENCE South 31 degrees 17 minutes 00 seconds East for a distance of 10 00 feet to a
point in the eastern right of way line of F M 156,
THENCE South 18 degrees 58 minutes 00 seconds West along the eastern right of way
line of F M 156 for a distance of 80 00 feet to the POINT OF BEGINNING and
containing an area of 800 square feet of land, more or less
Exhibit C
CITY OF DENTON, TEXAS ~sk Management * 215 E M¢~nne¥ * Denton, Texas 76201
Telephone (940) 349-8317 * DFW Motro (972) 434-2529 * FAX (940) 349-7789
December 15, 1999
Mr Jay R Nelson, PE
Dallas District Engineer
P O Box 133067
Mesquite, Texas 75313-3067
The City of Denton is a self-insured pubhc entity as allowed by the State of Texas for General
Liability, Auto/Mobile Equipment Liability, and Workers' Compensation General Liability limits
are established by the Texas Tort Claims Act as listed below
Property damage
Bodily injury
$100,000
$250,000 each person
$500,000 each occurrence
Clmms for which the City is hable vnll be prod from the Rask Retention Fund established for that
purpose
Sincerely,
Rask Manager