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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 b N O \ e \ Bpi m• � e � 7�: • ~ �\ \ �V, y • r. SAO �Y a O x� a• • Y T� go 1 LD �` \ \ / Ile p \ I j 'IS � w►S g�, s •� • � q PAD DMN / o •i1 •f' +' A \ + 'fib Z • " Om 9�► • / `%� fn / :t • H / � •`_.,°�i• ova d p i 9�• T� u n�d.. 112 � a