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Ordinance No. 6,993940428 -7
ORDINANCE NO. 6993
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A MULTIPLE USE
AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the City Manager and City
Clerk of the City of Baytown to execute and attest to a Multiple
Use Agreement with Texas Department of Transportation. A copy of
said agreement is attached hereto, marked Exhibit "A," and made a
part hereof for all intents and purposes.
Section 2: This ordinance shall take effect immediately from
and after its passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this the 28th day of April,
1994.
'0� e. &"/�
PETE C. AL O, Mayor
ATTEST:
EILFF,N P. HALL, City Clerk
el-GRACIO RAMIREZ, S ., City Attorney
kg8/camcH/4- 28- %&u&A0RERWk t
0
E
JUN 01 '93.11:50 D -18A/M RIVERSIDE
MULTYPL$ USE AGREEMENT
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT Made by the State
Texas Department of Transportation,
"State ", party of t
and ril1e City of Bavtcwn
part, is to
ve when
P.2i16
Revised 4/93
of Texas by and between the
hereinafter referred to as
h.e first part,
hereinafter
party of the second
ly executed by both parties.
WITNESSETH
WHEREAS, on the day of , 19 —, the governing
body for the city , entered into
Resolution/ordinance No. here n after dentified by
reference, authorizing the City is
participation in this agreement with the States and
WHERFAS, the Ci has requested
the State to permit the construction, maintenance and operation of
a publ is f- acili5f for the Cit - s MECil2al Service ter on
the highway right -of -way, located west of the Jdm M. KiLc= Su-may
IMP 201, at 2113 Market Street, Ba Harris 220,q, 'Texas
(general description of area);
shown- graphically by the preliminary conceptual. site plan in
Exhibit "A" and being more specifically described by metes and
bounds of Exhibit "g ", which are attached and made a part hereof;
and
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.
1
EXHIBFT A
JULY 01 '93..11:50 D -18A /M RIVERSIDE
• I.
AGREEMENT
P.3i10
Kpw,, THMFORZ, 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:
11 ©okSTRUCTION HMO
The parties hereto will prepare or provide for the construction
plans for the facility, and will provide for the construction work
as required by said playas 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 al'1 respects. Any future revisions -or
additions of permanent improvements shall be made after prior
written approval -of the state.
2. XXBPZCTZOX
Ingress and egress shall be allowed
for Federal Highway Administration
equipment when highway maintenance
for inspection purposes= and upon
activities for periods required
prohibited.
S. PARRI= MGM ATIONS
at all times to such facility
personnel and State Forces and
operations are necessary, and
request, all parking or other
for such operations will be
Parking regulations shall be established limiting parking to single
unit motor vehicles of size 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.
4. PRMIDITIONS /81=8
Regulations shall be established 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 signs other than those required for proper use of
the area will be prohibited. All signs shall be approved by the
State prior to the actual erection.
`�
JUN 01 193 'i1 :51 D-19A/M RIVERSIDE
P.4110
• 5. RXSPONSIBILITrae '
Maintenance and operation of the facility shall be entirely Such
responsibility of the '
responsibility shall not be trans erred, assigned or conveyed to a
third party without the advanced written approval of the State.
Further, such responsibility shall include picking up trash, mowing
and otherwise keeping the facility in a clean and sanitary
condition, and surveillance by policy 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 kind,
including rain or snow.
6. me
Any fees levied for use of the facilities in the area shalI be
nominal and no more than are sufficient to defray the of
construction, maintenance and operation thereof, and shall be
subject to State approval.
7. TER1[LVU1=ON UVON NOTICE
This provision is expressly made subject to the rights heroin
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.
9. XODZ72CAT1ON /TLRK1NXTIOR OF AGREEK M
If in the sole judgment of the State it is found at any future time
that traffic conditions have so changed that the existence or 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 ponstructed may be: (1) modified if corrective
measures acceptable to both parties can be applied to eliminate the
objectionable features of thelfacility or (2) terminated and the
use of the area as proposed herein discontinued.
9. PROBI$ITION OF STORAGE 03' FIWWABLZ AMTSRIALB
Ali 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.
3
•
CJ
JUN 01 '93,.11'52 D -19AiM RIVERSIDE
10. RZSVOA&TXOX OF AUA
P.5,/10
The shall provide written notification to the
State that such fac lity will be discontinued for the purposed
defined herein. The Ci small, within thirty
(30) days from the date of said notif cat on, clear the area of all
facilities that were its Construction responsibility under this
agreement and restore the area to a condition satisfactory to the
State.
1s. P2MOva su n s
It is understood that this agreement in no wax modifies or
supersedes the terms and provisions of any existing agreements
between the parties hereto.
12. INDEEZt IMATION
The City shall, insofar as it is
legally permitted and subject to such limitations.'. indemnify the
State against any &lad all damages and claims for damages, including
those resulting from injury to or death of persons or for lose of
or damage to property, arising out of, incident to or in any manner
connected with its construction, maintenance or operation 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 stall
within thirty (30) days from receipt of the State's written
notification pay the state for the full cost of repairing any
damages to the highway facility which may result from its
construction, maintenance or operation 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 against the State and the
N i-11 Additionally, this agreement shall
not ever be construed as relieving any third party from any
liability against the State and the City , but
the city shall become fully
subzogated to the State and shall be entitled to maintain any
action over and against the third party which may be liable for
having caused the City_ __ to pay or disburse any sum
of money hereunder.
4
JUN 01 133 11:52 D 18A/M RIVERSIDE
P.6i16
. 13. I]i'$9MCE
city shall provide necessary
safeguards to protect the public on State - maintained highways
including adequate insurance for payment of any damages which might
result during the construction of the facility occupying such
airspace or thereafter, and to save the State harmless from
damages, to the extent of said insurance coverage and insofar as it
can legally do so. prior to beginning work on the State's right -
of -way, the ci. 's construction
contractor shall submit to the State a completed insurance form
(TXDOT Fors No. 1560) and shall maintain the required coverages
during the construction of the facility.
14. 9819 OF RIGIT- ofTVAY
it is to be understood that the state by execution of this
agreement does not impair or relinquish the State's right to use
such land for right -of -way purposes when it is required for the
construction or reconstruction of the traffic facility for which it
was acquired, nor shall use of the land under such agreement ever
be construed as abandonment by the State of such land acquired for
highway purposes, and the State does not purport to grant any
interest in the.land described herein but merely consents to such
use to the extent its authority and title permits.
3.5. ADDITION+ ' CQNG=T '"Q9IRED
The state asserts only that it has sufficient title -for highway
purposes. The city shall be
responsible for obtaining such add t onal consent or agreement as
zany be necessary due to this agreement. This includes, but is not
limited to, public utilities.
i6. !`ii1CA ADDITIQML . nQUIREHEHT$
If the facility is located on the Federal?-Aid Highway System,
"ATTACHMENT A", which states additional requirements as set forth
in the Federal Highway Admilistration's Federal -Aid Highway Program
Manual, shall be attached to and become a part of this agreement.
5
JUN 01 193 11:53 D-16R /M RIVERSIDE "-
III.
i
17. CML ==TO ABOURMCEs
The Ci , for itself, its personal
representatives, successors o s hereby stcovenant ands agree- as s of
a
the consideration hereof, d e
covenant running with the land that: (1) no persons, on the ground
of race, color, sex, age, national origin, religion or disabling
condition, shall be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination in the
of said facility; (2) that in the construction of any improvements
on, over or under such land and the furnishing , ge se tonal origin,
no person on the ground of race, color,
religion or disabling condition, shall be excluded from
participation in, denied th a be of its Oft or otherwise be subjected
to discriminations (3)
shall use the premises in compliance w th all other regulations,
pursuant to Title 49, Code of Federal Regu
imposed by or
Department of Transportation, Subtitle A, Office of therae�crQf the
Part 210 Non - discrimination in Federally- Assisted programs
Department of Transportation - Effectuation of Title V1 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 as i f said agreement had never be n1
thereon, and hold the s made
.or issued.
a. 41LMZ'IDMNTB
Any changes in the time frame, character or responsibilities of the
parties hereto shall be enacted by a written amendment executed by
both parties hereto.
19 . LzuL CONSTRUCTION
in case one or more of the provisions contained in this agreement
, held invalid, illegal or unenforceable in
shall for any reason be
any respect, such -invaliditY, illegality or unenforceahiiity shall
not affect any provision hereof and this agreement shall be
construed as if such invalid, illegal or unenforceable provision
had never been contained in this agreement.
6
JUN 01 193.11:53 D -18AiM RIVERSIDE P.8/10
20. NOTICES
All notices required under this agreement shall be mailed or hand
delivered to the following respective addresses:
STATE city
(Mailing Address) (Mailing Address)
City of Baytown
Attn: City Manager
P. o. Box 424
Baytown,: TX 77522 -0424
List of Attached Exhibits:
Exhibit A - General Layout
Exhibit B - Metes and Bounds Description-
Exhibit C - Approved Construction Plans
Exhibit D - Certificate of Insurance (SDHPT Form 1560)
Exhibit E - Attachment A (FHWA Additional Requirements)
7
JU11 1011 '7.Z 11 • 7'4 U"1CM1111 RiVLfC.71UL
IN WITNESS WHEREOF, the parties have hereunto affixed their
• signature, the on the day of
19 the State on the
day of
19
STATE OF TEXAS
By=
T it e
ATTEST:
0
Certified as being executed for
the purpose and effect of acti-
vating 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
100602•
By:
Title � Director of
Maintenance and Operations
s
APPROVAL RECOMMENDED:
District Engineer
Director of Highway Design-
JI•,M1 C.I1 7.J li•J"{ IJ- 1GfY /11 1 \11V1 \I1 LL - '' +
A TACM1ENT A
Inasmuch as this project is on the Federal -Aid highway system, the
following additional requirements as applicable with the Federal
Highway Administration0s Federal -Aid Highway Program Manual.
1. Any signi•ficaint 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
prior approval by the Texas Department of Transportation
subject to concurrence by the TWA.
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.
4. This agreement will be revokable in the event that the
airspace facility ceases to be used or is abandoned.
EXHIBIT E
�17
04 -26 -04 10 :44AM FROM TML I.R.P. UND DEPT TO 9/171342065 512 4043404
rnocrr* M"O.1160(a n. fwmamnoxb.wo.d,
NOTE; Copies of the endersernents listed
n
Texas Munici In man
below are not required as attach•
•T. MS
meats to this certificate.
DEPARTMENT Of TRANSPORTATION
CERTIFICATE OF INSURANCE
4d State
FOR STATE -WIDE BID CONTRACTS
7.3 7:e $U1101 7.5 Zip
The namr+d corltnaw shill an Came vice no* WWI WNW has OM ad the minimum in durance spedfiad in section ly below, and Obtained
00 fa119%Mne endwSOfflerrd: rile Tow Oep4Kineet Of Tr3fld0orratlan 66 4ri Additional h wred lot Coueriges S and 4. and 6 Waiver of
Suawoadon in favor of the sane departrwa wider cmwa9es 7.3 iad 4. Only certificates at ingwam publWud DY this d6partmenc are
aucepta0le of pool Of Npwanee. COMAWClal tarryW arWkM All 1ANN aptabM.
77 AYcnatiudAeonesiommme.
» IDENTIFICATION DATA
A,., Caere 51 21 320-13J5
t.t Iresira0 COntraeaor'i Wa�a
CrN OF BAWX W
vJ itrowMailin9 Addrt#s
P.O. SOX 424
13 city
LiPs�'lCJiV�1
1.4 Sraca
TF.xi�
is rip
77920
I A phase Number
Area Coen ( 713) 422- -8281
'
SECTION II - TYPE OF INSURANCE
Type Policy Effective
Expiration Limits of Liability
Number; Date;
mate; Not Less Than:
:. WORKERS' COMPENSATION
2.1 617 2.2 10 Ol 93
2.3. 10/01/94 Statutory - Texas
Endorsed with a Waiver of Subrogation in favor of the Texas Department
of Transportation.
3. COMMiRCIALGENEIIIAL LIABILITY I
'
Bodily Injurylftperty 3.1 6179 9.2 10/01/93
3,3 10/01/94 5500,000 combined
Damage,
single limit each
occurrence and In the
aoorone
u l
Endorsed with the Tax= 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
A. Bodily injury 4.1 6179 4.2 10 /01 /9'3 ,3 10/01/94 $250,000 sea. person
ssoo,000 ea. occurrence
B. Property Damage , 4A 6179 4.5 10/01/93 4,6 10/01/94 $100,000 !a. occurrence
Endorsed with the Texas Department of Transportation as an Additional insured and endorsed with a Waiver
of Subroga don in favor of the Texas DePemnant of Transportation.
5. UMBRELLA POLICY (If AppBcable)
5.1 5.2 5.3 S
This Canificau at inswaece f hher 4tflriaatiV* or "PV*1ly amen" OAWW s. of altar the coverage atlarded by dw pboa k wraw.@ pokko
isswe bil the iRSUrancecolepaAy naeled Oelow
CanCedatien al the inguywcw plieias sh4a not bo Made weaCi TWOV CAPS APTIR tka undnniened RVOM or hia&w OAnl,any ihas sent Writm
notices by condkd ma to the connector and the Tam Depa mwa of Tr4nipertadon.
THIS IS TO CUTNhr 1a S&TOMM Dipertraent of Trerl oomea mV. 492109 Oh behalf• of the SUW et Tons, that the iMUriom poWA0 abere cadet W
d,a ro4%jImwwnas ssiruraasd abw" and euCh policies 4- iw 1u11 600M and Alert
i . Name of Iftfur4nor comwq RiSk POOj
7.1 Naw of AYftfted Apent
n
Texas Munici In man
SAME
61 cOMPSAt+4ddl
7.2 Aeent'iAddaae
711 East Seventh Street, Shiite 300
4.3 e*y
4d State
6.5 Zip
7.3 7:e $U1101 7.5 Zip
Austin
Texas
78701
77 AYcnatiudAeonesiommme.
erg' naeundt sod Agent
ry
A,., Caere 51 21 320-13J5
_
Drte
THE STATE OF TEXAS)
• COUNTY OF HARRIS)
FIELD NOTES of -a 1.3772 acre tract. of land surveyed for the City of
Baytown, Texas, and being situated in the William Scott Upper
League, Abstract No. 66, Harris County, Texas. This 1.3772 acre
tract of land is a part of the 150 foot right of way of State
-Highway Loop No. 201 and being all of a 0.205 acre tract of land
_called PARCEL 16 and described in AWARD OF COMMISSIONERS in the
State of Texas: and Harris County, Texas, vs C. R. Seligman -, at al,
that is recorded in volume 5196 at Page 87 of the Deed Records of
Harris County, Texas, and being all of a 1.171 acre tract of land
called PARCEL 15 and described in AWARD OF COMMISSIONERS in the
State of Texas and Harris County, Texas, vs John M. Kilgore, at al,
that is recorded in Volume 5814 at Page 15 of the Deed Records of
Harris County, Texas. This 1.3772 acre tract of land is more
particularly described by metes and bounds as follows, to -wit:
NOTE: BEARING BASIS IS EAST OR NORTHEAST LINE OF LOOP NO. 201 AS
DESCRIBED IN VOLUME 5814 AT PAGE 15 OF THE DEED RECORDS OF HARRIS
COUNTY, TEXAS. REFERENCE IS MADE TO THE PLAT OF EVEN DATE
ACCOMPANYING THIS DESCRIPTION.
BEGINNING at a Brass Disc for the Northwest corner of this tract of
land, the Northwest corner of said 1.171 acres of land and the
Northeast corner of a 1.52065 acre tract of land called TRACT ONE
in a deed from McDonough Co. to Bayshore Motor, Inc., dated October
29, 1970, and recorded in Volume 8219 at Page 308 of the Deed
Records of Harris County, Texas. This corner is in the South right
of way line of Market Street, 115 foot right of way, and in the
West right of way line of Loop No. 201.
THENCE North 58 deg 56 min 11 sec East with the North line of this
tract, the North line of said 1.171 acre tract, the South right of
way line of Market Street and the North line of said 0.205 acre
tract of land, at 75.30 feet found a 2 inch iron pipe in line, in
all a total distance of 150.91 feet to a railroad spike found for
the Northeast corner of this tract of land, the Northeast corner of
said 0.205 acre tract of land and the Northwest corner of the
residue of a 0.3444 of an acre tract of land conveyed to Bayshore
Motors, Inc, by C. R. Seligman by deed dated November 7, 1957, and
recorded in Volume 4361 at Page 145 of the Deed Records of Harris
County, Texas. This corner is in the East right of way line of
Loop No. 201.
i
• PAGE NO. 2 - 1.3772 ACRE TRACT
THENCE South 25 deg 38 min 00 sec East with the East line of this
tract, the East line of said 0.205 acre tract of land, the East
line of Loop No. 201 and the West line of a 8.4373 acre tract of
land called TRACT TWO in a deed dated October 29, 1970, and
recorded in Volume,8219 at Page 308 of the Deed Records of Harris
County, Texas, a.-distance of 450.38 feet to a 1/2 inch iron rod
found for the Southeast corner-of this tract of land, the Southeast
corner of said 1.171 acre tract of land and the Northeast corner of
a 1.483 acres tract of land called PARCEL 13 and described in
AGREED JUDGEMENT the State of Texas, et al, vs Kathryn Bayne, et
al, recorded in Volume 7412 at Page 430 of the Deed Records of
Harris County, Texas.
•
THENCE North tS deg 14 min 54 sec West with the South line of this
tract, the South line of said 1.171 acre tract and the North line
of said 1.483-acre tract of land a distance of 174.28 feet to a 1/2
inch iron rod found for the, Southwest corner of this tract of land
and the Southeast corner of said 1.52065 acre tract of land in the
West right of way line of Loop No. 201.
THENCE North.25 deg 36 min 56 sec West with the West line of this
tract, the West line of said 1.171 acre tract, the West right of
way line of Loop No. 201 and the East line of said 1.52065 acre
tract of land a distance of 347.94 feet to the PLACE OF BEGINNING,
containing within said boundaries 1.3772 acres of land.
SURVEYED: February.14, 1994.
SURVEYOR'S CERTIFICATE
I, Robert L.,Hall, Jr., Reg. Professional Land Surveyor No. 1610,
do hereby certify that the foregoing field notes were prepared from
a survey made on the ground on the date shown and that all lines,
boundaries and landmarks are accurately described therein.
WITNESS my hand and seal at Baytown, Texas, this the 7th.,.day of
March.,
REG. PROFESSIONAL LAND SURVEYOR
NO. 1610
93- 0656.FDN
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