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HomeMy WebLinkAbout13968 ORD - 10/05/1977JKH:hb:10 /5/77 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MULTIPLE USE AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION REGARDING 0.401'ACRES OF THE RIGHT —OF —WAY OF U.S. HIGHWAY 181 AT THE NORTH END OF CORPUS CHRISTI BEACH, AS MORE FULLY SET FORTH w IN THE ,AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. WHEREAS, the City has requested the State to approve and assist in development and operation as a multiple use area, for recreation, parking, and other public purposes, the area within the right -of -way of U.S. Highway 181 from the normal shoreline to the south end of the Nueces Bay Causeway, as shown on the attached layout. ` 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 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: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a Multiple Use Agreement with the State Department of Highways and Transportation regarding development and operation as a multiple use area, that area consisting of 0.401 acres within the right -of -way of U. S. Highway 181 at the north end of Corpus Christi Beach, all as more fully 'set forth in the said agreement, a substantial copy of which is attached hereto, marked Exhibit "A ", said 0.401 -acre parcel or tract being described as follows: Being a portion of Nueces Bay and a portion of Block 415, Brooklyn Addition, as shown by map of record in Volume A, Page 32, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows: MICROFILMED 13968 JUL 0 7 1980 Beginning at a point in the centerline of State Highway No. 181 right -of -way, said point being Engineers Station 995 + 01.33 and being the south end of the concrete deck of the Nueces Bay causeway; Thence N. 50° 23' E. along the centerline of said right -of -way a distance of 236.83 feet to a point which is Engineers Station 992 + 64.5; Thence N. 39° 37" W. a distance of 146.08 feet to a point for the Southeast and beginning corner of the tract of land herein described; Thence N. 58° 01' 25" W. a distance of 100.0 feet to a point; Thence S. 310 58' 35" E., passing the normal shoreline of Nueces Bay at 70.53 feet, in all a distance of 175.0 feet to a point on the bottom of said Nueces Bay; Thence S. 580 01' 25" E., along the bottom of said Nueces Bay, a distance of 100.0 feet to a point; Thence S. 31° 58' 35" W. along the bottom of said Nueces Bay, passing the normal shoreline of said bay at 111.20 feet, in all a distance of 175.0 feet to the place of beginning and containing 17,500 square feet or 0.401 acres, more or less. SECTION 2. The necessity to authorize execution of the afore- said agreement at the earliest practicable -date in order that the herein- above described area may be utilized for recreation, parking, and other public purposes, creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the � day of October, 1977. ATTEST: City Secretary APPROVED: f�'� DAY OF �9A'I�, 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City-Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS This ordinance is in effect and force with or without the signature of the Mayor, in accordance with Article II Section 6 of the City Charter. MULTIPLE USE AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES This agreement made this day of , A. D. 19 , by and between the State Department of Highways and Public Transportation, here- inafter referred to as "State ", party of the first part, and the City' of Corpus Christi, hereinafter called the "City ", party of the second part. WITNESSETH E WHEREAS, the City has requested the State to approve and assist in development_ and operation as a multiple use area, for recreation, parking, and other public purposes, the area within the right of way of US Highway 181 from the normal shoreline to the south end of the Nueces Bay Causeway, as shown on the attached layout. WHEREAS, the State has indicated its willingness to approve the establishment of such facilities and other uses conditioned that the City will enter into agree- ments with the State for the purpose of determining the respective responsibilities of the City and 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. AGREEMENT NOW, THEREFORE, 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: 1. The parties hereto will prepare or provide for the construction plans . for the facility, and will provide for the construction work as re- quired by said plans. Said plans shall include the design of the access control, necessary horizontal and vertical clearances from highway structures, adequate landscape treatment, adequate illumina- tion, 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 addition of permanent im- provements shall be made after prior approval of the State. 2. Ingress and egress shall be allowed at all times to such facility for 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 operations will be prohibited if it would interfere with the conduct of said operations. 3. 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. 4. Regulations shall be established prohibiting the parking of vehicles transporting inflammable 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 usage of the area will be prohibited. All signs shall be approved by the State. . . 5. Maintenance and operation of the facility shall- be entirely the re- sponsibility of the City. Such responsibility shall not be transferred,r assigned or conveyed to a third party without 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 police 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 sub- ject the highway to hazardous or unreasonably objectionable dripping, droppings or discharge of any kind, including rain or snow. 6. Any fees levied for use of the facilities 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 subject to State approval. 7. This provision is expressly made subject to the rights herein granted to both parties to terminate this agreement upon notice, and upon the exercise of any such right of either party, all obligations herein to make improvements to said facility shall immediately cease and terminate. 8. All structures located or constructed within the area covered by the agreement shall be constructed in accordance with the southern Standard Building Code. The storage of inflammable materials or other operations deemed to be a potential fire hazard shall be subject to regulation by the State. No structures shall be located under the Nueces Bay Causeway nor within 100 feet of the causeway. All structures within the facility shall be maintained in good condition and the exterior material painted when required. 9. If in the sole judgement 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 such that it constitutes a nuisance, 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 constructed may be: (1) modified if corrective measures acceptable to both parties can be applied to eliminate the objectionable features of the facility, or (2) terminated and the use of the area as proposed herein discontinued. 10. Upon written notification by either party hereto* that such facility should be discontinued, each party shall, within one year, clear the -area of all facilities that were its construction responsibilities tinder this agreement, C as necessary to restore the area to a condition satisfactory to the State. 11. It is understood that this agreement in no way modifies or supersedes the terms and provisions -of any existing agreements between the parties hereto. 12. The City shall, insofar as it is legally permitted and subject to such limitations, indemnify the State 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 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 fees and expenses related to or connected with any claims or suits for damages and shall, if. requested in wfiting by the State to do so, assist the State with or relieve the State from defending any suit brought against it. Neither party hereto intends to waive, re- linquish, 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 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 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 hereto, but the other party 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 caused it to pay or disburse any sum of money hereunder. 13. The 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. 14. 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 re- construction of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be construed as abandon- ment by the State of such land acquired for highway purposes. 15. "ATTACHMENT A'i which states additional requirements as set forth in the Federal Highway Administration's Federal -Aid Highway Program Manual, shall be.attached to and become a part of this agreement. C 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 with 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 subjected to discrimination in the use of said facility; (2) that in the construction 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 in, denied the benefits of, or otherwise be subjected to discrimination; (3) that the City shall use the premises 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 - assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Bight 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 lease and reenter and repossess said land and the facilities thereon, and hold the same as.if said lease had never been made or issued. The attached Exhibits B, C, D, and E constitute a part of this agreement. IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the City on the day of , A.D. 1977, and the State on the -r- -- day of A.D. 1977. By: R. Marvin' - Townsend, City Manager ATTEST:. City Secy. Title APPROVED: J. BRUCE AYCOCK, CITY ATTORNEY By . Asst. City Attorney Dird for of F ance � STATE OF TEXAS Certified as being executed for the purpose and effect of acti- vating and /or carrying out the orders, established policies, or work programs heretofor approved by the State Highway and Public Transportation Commission. By: Engineer- Director APPROVAL RECOMENDED: District Engineer Chief Engineer of Maintenance Operati Chief Engineer of Highway Design ATTAINMENT A Inasmuch as this project is on the Federal -aid highway system, the following additional requirements are applicable in accordance with the Federal Highway Administration's Federal -Aid Highway Program Manual. 1. Any significant revision in the design or construction of the facility shall receive prior approval by the State Department of Highways and Public Transportation subject to concurrence by the FHWA. ` 2. Any change in the authorized use of airspace shall receive prior approval by the State Department of Highways and Public Transportation subject to concurrence by the FHWA. :3. The airspace shall not be transferred, assigned or conveyed to another party without prior State Department of Highways and Public 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. a ATTACHNENT B NUECES BAY BAIT STAND LEASE AREA Being a portion of Nueces Bay and a portion of Block 415, Brooklyn Addition, as shown by map of record in Volume A, Page 32, Map Records, Nueces County, Texas, and more par- ticularly described by metes and bounds as follows: BEGINNING at a point in the centerline of State Highway No. 181 right of way, said point being Engineers Station 995 + 01.33 and being the South end of the concrete deck of the Nueces Bay Causeway: THENCE N. 500 23' E. along the centerline of said right of way 'a distance of 236.83 feet to a point which is Engineers Station 992 + 64.5; t THENCE N. 390 37' W. a distance of 146.08 feet to a point for the Southeast and beginning corner of the tract of land herein described; THENCE N. 580 01' 25" W. a distance of 100.0 feet to a point; THENCE S. 310 58' 35" E., passing the normal shoreline of _ Nueces Bay at 70.53 feet, in all a distance of 175.0 feet to a point on the bottom of said Nueces Bay; THENCE S. 580 01' 25" E., along the bottom of said Nueces ' Bay, a distance of 100.0 feet to a point; THENCE S. 310 58' 35" W., along the bottom of said Nueces Bay, passing the normal shoreline of said bay at 111.20 feet, in all a distance of 175.0 feet to the place of ' beginning and containing 17,500 square feet or 0.401 acres, more or less. ,,� � -. �• h. -- ` _ ghor� /ins - ' flwic />e 'f.E•i : "5�0.- 992T6C.3o � End Conc Caus.��ou ' 995"901,65 - S%l,tlO :ATTACf(bQ0T C�� '-coli ; /�f 50.0 oreline ` lJo077o �► \•/`i I i�A %IAi! I 0.� Ili " - ri i fi`S'y.JJ��i rr-M 5,1a 9�2Y - . .o,f Poor ATTA(IL tE1T..D. Corpus Christi, Texas 5d- day of -6 tom., 19 17 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the ollowing vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample The above ordinance was passed by the ollowing vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample 13968 i