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HomeMy WebLinkAbout14767 ORD - 02/14/1979jkh:2-12-79;1st 111/1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MULTIPLE USE AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE DEVELOPMENT AND OPERATION OF AN AREA FOR RECREATION, PARKING AND OTHER PUBLIC PURPOSES, SAID AREA BEING WITHIN THE RIGHT OF WAY OF PARK ROAD 22 ON THE JOHN F. KENNEDY MEMORIAL CAUSEWAY, ALL AS MORE FULLY SET FORTH .IN THE SAID AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. 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 Public Transportation for the development and operation of an area for recreation, parking and other public purposes, said area being within the right of way of Park Road 22 on the John F. Kennedy Memorial Causeway, all as more fully set forth in the said agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to authorize execution of the aforesaid agreement at the earliest practicable date 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, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 1979. ATTEST: day of February, ity Secretary APPROVED: 13th DAY OF FEBRUARY, 1979: J. BRUCE AYCOCK, CITY ATTORNEY MAYOR THE CITYJIF--CORPUS CHRISTI, TEXAS 14767 MICROFILMED ,11,3L0(,1P�� THE STATE OF TEXAS X X X COUNTY OF TEXAS MULTIPLE USE AGREEMENT This agreement made this day of , A.D. 1979 by and between the State Department of Highways and Public Transportation, hereinafter re- ferred 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 pur- poses, the area within the right-of-way of Park Road 22 on the John F. Kennedy Memorial Causeway as shown on "Attachment S", which shall be attached to and become a part of the agreement. 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; im- pede 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 required by said plans. Said plans shall include the design of the access con- trol, necessary horizontal and vertical clearances from highway structures, adequate landscape treatment, adequate illumination, 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 agree- ment and made a part thereof in all respects. Any future revisions or addition of permanent improvements 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. 60". • 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. 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 to either party, all obligations herein to make improve- ments to said facility shall immediately cease and terminate. 8. Any new buildings or structures shall be constructed in accordance with the Corpus Christi Building Code and Fire Prevention Code. 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 re- gulation 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 ofthe area as proposed herein dis- continued. 10. Upon written notification by the State that such facility should be dis- continued, for the reason that it would interfere with the construction of additional highway facilities, each party hereto 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 satis- factory to the State. The State acknowledges that its twenty-year plan does not contemplate such additional highway construction; however, said plan may be changed by State at any time. 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 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 dis- burse 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 shall be excluded from participation in, be denied the benefits of, or be otherwise subjected discrimination in the use of said facility; (2) that in the construction of any improvements on, over or under such land and the furnish- ing 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 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. 1979, and the State on the day of , A.D. 1979. CITY OF CORPUS CHRISTI STATE OF TEXAS BY: R. Marvin Townsend, City Manager ATTEST: City Secretary Certified as being executed for the purpose and effect of activating and/ or carrying out the orders, established policies, or work programa heretofor approved by the State Highway and Public Transportation Commission. Title BY: Engineer -Director APPROVED: February 13, 1979 APPROVAL RECOMMENDED: J. Bruce Aycock, City Attorney BY: Assistant City Attorney Director of Finance District Engineer Chief Engineer of Maintenance Operations Chief Engineer of Highway.Design • ATTACHMENT 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. • • TRACT A Description for a tract of land and/or water on the Padre Island Causeway (Laguna Madre Causeway, John F. Kennedy Memorial Causeway) lying east and west of the Humble Channel and being out of state tracts 30 and 31, said tract being more particularly des- cribed by metes and bounds as follows: Beginning at a point in the centerline of said Padre Island Causeway at its intersection with the west or mainland side of Laguna Madre at Engineer's Station 57 + 75.58; Thence S. 61° 00' E., with the centerline of said Padre Island Causeway, a distance of 4135.92 feet to a point, at Engineer's Station 99 + 11.50, for the beginning corner of the tract of land herein described; Thence S. 61° 00' E., with the centerline of said Padre Island Causeway, a distance of 503.0 feet to a point, at Engineer's Station 104 + 14.50, being a point in the centerline of the Padre Island Causeway right-of-way and also in the centerline of the Humble Channel; Thence N. 29° 00' E., a distance of 525.0 feet to a point in the northeast right-of-way line of said Padre Island Causeway for the most northerly corner of the tract herein described; Thence S. 61° 00" E., with the northeast right-of-way line of said Padre Island Causeway, a distance of 662.16 feet to a point, for the most easterly corner of the tract herein described; Thence S. 29° 00' W., at 525.0 feet past the centerline of said Padre Island Causeway at Engineer's Station 110 + 76.66, in all a distance of 1050.0 feet to a point in the southwest right-of-way line of said Padre Island Causeway for the most southerly corner of the tract herein described; Thence N. 61° 00' W., with a southwest right-of-way line of said Padre Island Causeway, a distance of 1165.16 feet to a point, for the most westerly corner of the tract herein des- cribed; Thence N. 29° 00' E., a distance of 525.0 feet to the point of beginning. Containing 22.02 acres of land and/or water, more or less. • • TRACT 3 Description for a tract of land and/or water on the Padre Island Causeway (Laguna Madre Causeway, John F. Kennedy Memorial Causeway) and lying west of the Intracoastal Canal and being out of State Tract No. 50, being more particularly described by metes and bounds as follows: Beginning at a point in the centerline of said Padre Island Causeway at its intersection with the west or mainland side of Laguna Madre at Engineer's Station 57 + 75.58; Thence with the centerline of said Padre Island Causeway, S. 61° 00' E., 5301.09 feet, the P.C. of a curve at Engineer's Station 110 + 76.67; Thence still with the centerline of said Padre Island Causeway and with the arc of a circular curve to the right whose central angle is 30° 00' 04", and whose radius is 1909.86 feet, an arc distance of 1000.03 feet to a point, the P.T. of said curve, at Engineer's Station 120 + 64.65 (Equation = -12.05 feet); Thence S. 30° 59' 56" E., still with the centerline of said Padre Island Causeway, a distance of 6640.0 feet to a point, the P. C. of a circular curve at Engineer's Station 187 + 04.87 back = 186 + 77.21 forward; Thence with the Base line of said Padre Island Causeway in a southeasterly direction with a circular curve to the left whose central angle is 33° 02' 35", and whose radius is 2864.79 feet, an arc distance of 1652.16 feet to a point the P.T. of said curve, at Engineer's Station 203 + 57.03; Thence S. 64° 02' 31" E., with the center- line of said Padre Island Causeway, a distance of 1056.97 feet at Engineer's Station 214 + 14.00, being a point in the centerline of said Padre Island Causeway right-of-way and also in the centerline of the Intracoastal Canal; Thence N. 25° 57' 29" E., a distance of 525.0 feet to a point in the northeast tight -of -way line of said Padre Island Causeway; Thence N. 64° 02' 31" W., with the northeast right-of-way line of mid Padre Island Cause- way, a distance of 200.0 feet to a point, for the most easterly and beginning corner of the tract herein des- cribed; Thence S. 25° 57' 29" W., at 525.0 feet past the centerline of said Padre Island Causeway at Engineer's Station 212 + 14.00, in all a distance of 1050.0 feet to a point in the southwest right-of-way line of said Padre Island Causeway, for the most southerly corner of the tract herein described; Thence N. 64° 02' 31" W., with the southwest right-of-way line of said Padre Island Causeway, a distance of 415.0 feet to a point, for the most westerly corner of the tract herein described; Thence N. 25° 57' 29" E., at 525.0 feet past the centerline of said Padre Island Causeway at Engineer's Station 207 + 99.00, in all a distance of 1050.0 feet to a point in the northeast right-of-way line of said Padre Island Causeway, for the most northerly corner of the tract herein described; Thence S. 64° 02' 31" E., with the northeast right-of-way line of said Padre Island Causeway, for a distance of 415.0 feet to the point of beginning. Containing 10.00 acres of land and/or water, more or less. TRACT C Description for a tract of land and/or water on the Padre Island Causeway (Laguna Madre Causeway, John F. Kennedy Memorial Causeway) and lying east of the Intracoastal Canal and being out of State Tract No. 50, said tract being more particularly described by metes and bounds as follows: Beginning at a point in the centerline of said Padre Island Causeway at its intersection with the west or mainland side of Laguna Madre at Engineer's Station 57 + 75.58; Thence with the centerline of said Padre Island Causeway, S. 61° 00' E., 5301.09 feet, the P.C. of a curve at Engineer's Station 110 + 76.67; Thence still with the centerline of said Padre Island Causeway and with the arc of a circular curve to the right whose central angle is 30° 00' 04", and whose radius is 1909.86 feet, an arc distance of 1000.03 feet to a point, the P.T. of said curve, at Engineer's Station 120 + 64.65 (Equation = -12.05 feet); Thence S. 30° 59' 56" E., still with the centerline of said Padre Island Causeway, a distance of 6640.0 feet to a point, the P. C. of a circular curve at Engineer's Station 187 + 04.87 back = 186 + 77.21 forward; Thence with the Base line of said Padre Island Causeway in a southeasterly direction with a circular curve to the left whose central angle is 33° 02' 35", and whose radius is 2864.79 feet, an arc distance of 1652.16 feet to a point the P.T. of said curve, at Engineer's Station 203 + 57.03; Thence S. 64° 02' 31" E., with the centerline of said Padre Island Causeway, a distance of 1056.97 feet at Engineer's Station 214 + 14.00 being a point in the center line of said Padre Island Causeway right-of-way and also in the center line of the Intracoastal Canal; Thence N. 25° 57' 29" E., a distance of 525.0 feet to a point in the northeast right-of-way line of said Padre Island Cause- way; Thence S. 64° 02' 31" E. with the northeast right-of-way line of said Padre Island Causeway, a distance of 200.0 feet to a point, for the most northerly and beginning corner of the tract herein described; Thence S. 64° 02' 31" E., with the northeast right-of-way line of said Padre Island Causeway, a distance of 1400.0 feet to a point, for the most easterly corner of the tract herein des- cribed; Thence S. 25° 57' 29" W., at 525.0 feet past the centerline of said Padre Island Causeway at Engineer's Station 230 + 14.00, in all a distance of 1050.0 feet to a point in the southwest right-of-way line of said Padre Island Causeway, for the most southerly corner of the tract herein described; Thence N. 64° 02' 31" W., with the southwest right-of-way line of said Padre Island Causeway, a distance of 1400.0 feet to a point, for the moat westerly corner of the tract herein described; Thence N. 25° 57' 29" E., at 525.0 feet past the centerline of said Padre Island Causeway at Engineer's Station 216 + 14.00, in all a distance of 1050.0 feet to the point of beginning. Containing 33.75 acres of land and/or water, more or less. • Corpus Christi, Tex l,' day of 19 7 y 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. MAYOR THE CITY OF CORPU KIST% TEXAS The Charter rule was suspended by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed by Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample he following vote: 147G7