HomeMy WebLinkAbout14286 ORD - 04/26/1978JKH:hb:4/24/78
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO SIGN A MULTIPLE USE
AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION FOR USE OF THE OLD TOLLHOUSE
BUILDING AT THE ENTRANCE TO THE JOHN F. KENNEDY
CAUSEWAY AS MORE FULLY SET FORTH 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 the use
of the old tollhouse building at the entrance to the John F. Kennedy
Causeway as a multiple use area.
WHEREAS, the State has indicated its willingness to approve
the use of the old tollhouse building conditioned that the City will enter
into an agreement 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 for use of the old tollhouse building at the entrance
to the John F. Kennedy Causeway as more fully set forth in said agreement,
a substantial copy of which is attached hereto, marked Exhibit "A" and
described as follows:
JOHN F. KENNEDY CAUSEWAY TRACT 15
METES AND BOUNDS DESCRIPTION
Being a rectangular shaped tract of land out of that portion of the
Gateway Subdivision denoted as Right -of -Way Easement for Davis Causeway
as shown by map of record in Volume-7, Page 59, Map Records, Nueces
County, Texas, and more particularly described by metes and bounds
as follows:
BEGINNING at a point, said point being the common corner of lots
7, 8, and 9, block 11, said Gateway Subdivision, for the beginning
point of the tract of land herein described;
MICROFILMED
34 � JUL 07 WO
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THENCE N. 280 55' 00" E. a distance of 123.0 feet to 'a point being the
northeast corner of this tract;
THENCE S. 610 05' 00" E. a distance of 415.0 feet to a point being the
southeast corner of this tract;
THENCE S. 280 55' 00" W. a distance of 123.0 feet to a point on the
northeast boundary line of abovementioned Block 11;
THENCE N. 610 05' 00" W. along the northwest boundary line of said
Block 11 a distance of 415.0 feet to the place of beginning and
containing 1.172 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 tollhouse building may be utilized by the City, 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 sus-
pension 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 theo24 x4 day of April, 1978.
ATTEST:
14 &
City Secretary
APPROVED:
r7-4- DAY OF APRIL, 1978:
J. BRUCE A'YC %OCCKKK,,� CITY ATTORNEY
By
Assistant Attorney
MAYOR
THE CITY 0 RPUS CHRISTI, TEXAS
MULTIPLE USE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This agreement made this day of , A.D. 19 by and between
the State Department of Highways an Public Transportation, hereinafter 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
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 Park Road 22 near the west shoreline of Laguna Madre
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.
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
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MULTIPLE USE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This agreement made this day of , A.D. 19 by and between
the State Department of Highways an Public Transportation, hereinafter 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
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 Park Road 22 near the west shoreline of Laguna Madre
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.
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
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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,
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. Hazardods 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 to either party, all obligations herein to make improve-
ments to said facility shall'immediately cease and terminate.
8. No new buildings may be located or constructed within the area covered by
the agreement. Existing buildings shall be maintained in accordance with .
the Corpus Christi Building Codes and Fire Prevention Code. The storage
of inflammable materials or other operations deemed to be a potential fire
hazard shall be subject to regulation by the State. 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 under this agreement,
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.
I
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 iA th*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 writing 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 aban-
donment by the State of such land acquired for highway purposes.
15. "ATTACHMENT A ", 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.
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 shal
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 improve-
ments 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 articipation in, denied
the benefits of, or otherwise be subjected to discrimination; 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
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of the Secretary, Part 21, Non - discrimination in Federally- assisted programs of the
Department of Transportation - Effectuation of Title VI of the Civil Right 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.
IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the City on
the day of A -D. 1978, and the State on the day of ,
A.D. 1978.
Ci tv of Cora us Christi
By: -
R. arvin Townsend, City Manager
ATTEST: •
City Secretary -Title
APPROVED:
J. BRUCE AYCOCK, CITY ATTORNEY
Asst. City Attorney
D or of i a ce
4 ec
STATE OF TEXAS
Certified as being executed for
the purpose and effect of acti-
vating and /or carrying Out the
orders, established polities, or
work programs heretofor approved
.by the State Highway and Public,
Transportation Commission.
By:
Engineer- Director
APPROVAL RECOMENDED:
District Engineer
Chief Engineer of Maintenance peratie
Chief Engineer of,Highway Design
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Corpus Christi, Texas
o?G# day of 4t2 n-e 19 7$
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,
FUR-
THE CIj Y OF C R WICHRISTI, TEXAS
The Charter Rule was suspended by the following vote:
Gabe Lozano, Sr.
Bob Gulley K .,Q _
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
The above ordinance was passed by the following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
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