HomeMy WebLinkAbout13006 ORD - 02/04/19760 7RS:hb:2 /3/76:lst . ' 0
AN ORDINANCE
AUTHORIZING THE EXECUTION OF A MULTIPLE -USE AGREE-
MENT WITH THE STATE HIGHWAY DEPARTMENT FOR THE
PURPOSE OF PERMITTING CONSTRUCTION BY THE NUECES COUNTY
NAVIGATION DISTRICT NO. 1 OF AN OBSERVATION DECK
UNDER THE HARBOR BRIDGE OVERLOOKING THE ENTRANCE '
TO THE PORT, AND FOR OPERATION AND MAINTENANCE OF
THE FACILITY WHEN COMPLETED, ALL 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.
BE IT ORDAINED BY THE CITY COUNCIL'OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby authorized to
execute a Multi -Use Agreement with the State Highway Department for the
purpose of permitting construction by the Nueces County Navigation District
No. 1 of an observation deck under the Harbor Bridge overlooking the
entrance to the Port, and for operation and maintenance of the facility
when completed, all as more fully set forth in the agreement, a substantial
copy of which is attached hereto and made a part hereof, marked Exhibit "A".
SECTION 2. The necessity to authorize the execution of 'the
aforesaid agreement at the earliest practicable date in order that
construction of the facility may be commenced without delay 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 affect from and after its passage, IT IS ACCORDINGLY
SO ORDAINED this the, day of ," , 1976.
ATTES
Secret M&YOF
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY OF.�, 1976:
ESE City Attorney
13® ®6
MULTIPLE -USE AGREEMENT
THE STATE OF TEXAS X
COUNTY OF NUECES I
This agreement made this " day of
A.D. 19 , by and between the State Highway Department, hereinafter
referred to as "State ", party of the first part, and City of Corpus Christi,
hereinafter called the "City", party of the second part.
W I T N E S S E T H
WHEREAS, the City has requested the State to permit the
construction, maintenance and operation of an elevated reinforced concrete
observation deck, parking facilities and landscaping on the highway right of
way; 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 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.
A G R E E M E T
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:
I
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 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 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.
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 responsibility 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 sot 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. 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.
-2-
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 by 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 fireproof. The storage of inflammable
materials or other operations deemed to be a potential fire hazard shall
be subject to regulation by the State.
9. 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, 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: (a) modified
if corrective measures acceptable to both parties can be applied to"
eliminate the objectionable features of the facility, or (b) 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 thirty (30)
days, clear the area of all facilities that were its construction respon-
sibility 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.
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, attorneys fees and expenses related to
or connected with any claims or suits for damages and shall, if requested
-3-
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, 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
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 to
the parties hereto, but the other party hereto shall become fully sub -
rogated 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 air -space 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
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.
II
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:
—4—
•
•
(1) no person, on the ground of race, color or national origin shall be
excluded from participation in, be denied the benefits of, or be other-
wise 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, Noun-
discrimination in Federally - assisted programs of the Department of
Transportation - Effectuation of Title VI 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 nondiscrimination
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 A, B, C and D constitute a part of this
agreement.
IN WITNESS WHEREOF, the parties have hereunto affixed their
signatures, the City on the day of , 1976, and the
State on the day of , 1976.
STATE OF TEXAS
Certified as being executed for the
By purpose and effect of activating
Title and /or carrying out the orders,
established policies, or work programs
heretofore approved by the State
ATTEST: Highway Commission.
By
Title Engineer- Director
APPROVAL RECOMMENDED:
District Engineer
Chief Engineer of Maintenance
Operations
•
ATTEST:
City Secretary
APPROVED:
DAY OF , 1976:
City Attorney
Chief Engineer of Highway Design
CITY OF CORPUS CHRISTI
By. . .. .
R. Marvin Townsend, City Manager
C]
•
STATE HIGHWAY. DEPARTMENT'..
PLANS. OF PR.OPO'SED
STATE•. HIGHWAY 111.1PROV•MENT.
FEDERAL AID PROJECT,
U-204M
SCALPIr
C•SMIM.! . VOL A.0 Ust,
own " .1m,
rn-a.viom- umm- .A1.1*A1 0 -0.00011
PT. -0.719 fA•
TOTAL 37S7.00.1lf. .4.719 34.
NUECES COUNTY.
US HIGHWAY NQ 1S1
CORPUS CHRISTI SHiP. CHANNEL BRIDGE
APPROVED &L--
CITY --collp"
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No Achrood clad$
crossings
No ErIuchafts
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RAILROAD DELIVERY
POINTS
RAILROAD DELIVERY POINT
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CAPACITY
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PROPOSED OBSERVA 10f1�
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EXH,SIT
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i �` NORTH SHORELINE
NAVI A -- FUTURE, cn
N ARKING
;-; PROPOSED OBSERVATION DECK
EXISTING BRIDGE
ABUTMENTS
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EXHIBIT 11C�I
SOUTH SHORELINE
NUECES COUNTY
NAVIGATION DISTRICT
f.
BEGINNING at a point on the west right of way line of U.S.
Highway 181, said point is on the north side of the Ship
Channel, 100.00 feet left of the centerline Station 101 +82.55
of U.S. Highway 181;
THENCE N 28 °16' E along said west right of way line, a distance
of 439.20 feet to a point 100.00 feet left of Station 106 +21.75
on the west right of way line of U.S. Highway 181;
THENCE S 61 044' E crossing the centerline of U.S. Highway 181
at Station 106 +21.75 and continuing to a point on the east
right of way line of U.S. Highway 181, a total distance of
200.00 feet;
THENCE S 28 °16' W along side east right of way line, a distance
of 394.37 feet to a point 100.00 feet right of Station 102 +27.38
on the east right of way line of U.S. Highway 181 and the
Corpus Christi Ship Channel;
THENCE N 74 °22' W along said Corpus Christi Ship Channel
crossing the centerline of U.S. Highway 181 at Station 102 +04.96
and continuing to the point of beginning, a total distance of
204.96 feet, containing 1.914 acres of land, more or less.
(The above metes and bounds description encompasses both the observation
deck and parking facilities as per this agreement.)
Exhibit "D"
oo.ce',ty -- 439,20 /�260/G � /oe,oc ".[r
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CORPUS CMRISTI, TEXAS
DAY OF -,oC` 19—zje
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION 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 ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED' OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
YOR ell .4111
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED
BY THE FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
44,C—i -
EDUARDO DE ASEB
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED
1
BY THE OLLOWI.NG VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB - GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE