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Home My WebLink About021082 ORD - 02/19/1991AN ORDINANCE AUTHORIZING THE EXECUTION OF A USE AGREEMENT WITH CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY FOR THE CONSTRUCTION, UTILIZATION AND MAINTENANCE OF THE SIX POINTS TRIANGLE FOR BUS STOP PURPOSES; 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 an agreement with the Corpus Christi Regional Transportation Authority, for the construction, utilization and maintenance of the Six Points Triangle for bus stop purposes, all as more fully set forth in the Use Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this,ordinance passed and shall take effect upon first reading as an emergency measure this the f day of r > k_L L 19q / . A 1"1'EST: YOR THE CITY OF CORPUS CHRISTI APPROVED: 15 DAY OF �br.+av , 19 c[ JAMES R. BRAY JR., INTERIM CITY ATTORNEY By ity Attorney ORD4: 91022 021082 MICROFILMED BUS PASSENGER SHELTER AGREEMENT (Six Points) THE STATE OF TEXAS COUNTY OF NUECES 5 5 5 KNOW ALL THESE PRESENTS: THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter called "City", and the Corpus Christi Regional Transportation Authority, hereinafter called "RTA". WHEREAS, RTA is interested in improving the utilization and aesthetic value of the bus passenger shelter in the triangle located at Six Points at the intersections of Staples, Alameda and Ayers Streets in the City; and WHEREAS, the location of Six Points is within the public rights-of-way owned by the City and is available for meeting the public transportation needs of the people of Corpus Christi and the surrounding area; NOW, THEREFORE, THE CITY AND RTA AGREE AS FOLLOWS: 1. Shelter Improvements. The RTA agrees to provide bus passenger shelter, landscaping and related improvements at Six Points. The conceptual plan for the improvements is shown on the attached map marked as Exhibit "A". 2. Maintenance. The RTA shall be responsible for providing all maintenance and repair costs of the bus passenger shelter and foundation, any kiosk and all improvements made on the Property. 3. Consideration. The City and RTA recognize that the_ City's provision of the location and the RTA's provision of the bus passenger shelter provide mutual benefits to the City and the RTA, their patrons, customers and guests, which constitutes the consideration for this Agreement. 4. Indemnification. The RTA agrees to indemnify and forever save harmless the City, its officers, agents, and employees from any and all lawsuits, claims, damages, liabilities, losses, and expenses (including court costs, attorneys fees, and expert witness fees) for or on account of any injury to any person, or death at any time resulting from such injury, or damage to or in connection with operation of the bus passenger shelter by RTA, its agents, employees, or independent contractors pursuant to this Agreement or any kiosk operation undertaken pursuant to this Agreement. 5. Expenses and Revenues. The RTA shall be responsible for paying all costs and expenses incurred in connection with this improvement project. The RTA shall be entitled to any revenues, A rebates, grants or contributions generated in connection with the construction of the improvement project or operation thereof. 6. Assignment. The RTA shall involuntarily assign its interest under this prior written consent of the City; provided, may authorize the placement of newsstands operation of any kiosk -type facility at the RTA's patrons. not voluntarily Agreement without however, that the and arrange for location to serve or the RTA the the 7. Term. The term of this Agreement shall be for a period of twenty-five (25) years with an option to renew for additional twenty-five (25) year periods with the mutual consent of the City Manager, or his designee, and the RTA General Manager, or his designee. 8. Termination. This Agreement may be terminated by either party upon thirty (30) days' written notice to the other party; provided that, in the event of any termination by the City prior to the expiration of the useful life of the improvements constructed by RTA, the City agrees either (a) to assure that such shelter improvements shall thereafter remain available to the general public utilizing the RTA's public transportation system, or (b) to repay to the Urban Mass Transportation Administration the unamortized portion of any grant funds utilized by the RTA in constructing such improvements. The term "useful life of the improvements" as used herein shall have the meaning prescribed by the applicable regulations of the Urban Mass Transportation Administration. 9. Notices. Any notices provided herein may be given by (a) depositing same in the United States mail, postage prepaid, addressed as set forth herein, or (b) delivering the same to the party to be notified. The parties shall have the right to change their respective addresses by giving a notice to such effect to the-= other party. RTA: Corpus Christi Regional Transportation Authority P. 0. Box 23040 Corpus Christi, TX 78403-3040 Attention: General Manager City: City of Corpus Christi, Texas 1201 Leopard Street P. 0. Box 9277 Corpus Christi, TX 78469 Attention: City Manager 10. Effect. This Agreement shall become effective and shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns upon the expiration of sixty (60) days following final approval by the City Council. 11. Authorization. Each party who signs this Agreement represents that he is duly authorized to sign this Agreement. -2- 1991. EXECUTED IN DUPLICATE, this the 3cr day of -.01-'...44"\ , CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY By: Tom Niskala, General Manager ATTEST: CITY OF CORPUS CHRISTI By: By: City Secretary APPROVED: day of , 1991. James R. Bray, Interim City Attorney By: Assistant City Attorney \11\RTA\6PointsAg.339-00 2788-6 -3- Juan Garza, City Manager Corpus Christi, Texas l day of ,C..(CUt{, , 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members YOR THE ITY OF CORPUS CHRISTI The above ordinance was passed by the following vote: Betty N. Turner aG )tf Cezar Galindo (21 Leo Guerrero (211 Leo Tom Hunt p1 Edward A. Martin -1214 2 J _p Joe McComb nti Clif Moss a( - J Mary Rhodes Frank Schwing, Jr. airy J 021082 AN ORDINANCE AUTHORIZING THE EXECUTION OF A USE AGREEMENT WITH CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY FOR THE CONSTRUCTION, UTILIZATION AND MAINTENANCE OF THE SIX POINTS TRIANGLE FOR BUS STOP PURPOSES. 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 an agreement with the Corpus Christi Regional Transportation Authority, for the construction, utilization and maintenance of the Six Points Triangle for bus stop purposes, all as more fully set forth in the Use Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. ORD4:91022 That the foregoing ordinancd was'read for the first�t me�� rd passed to its secon,D\ d reading on this the �'day of 1cX 19 L11 , by the following vote: Betty N. Turner Edward A. Martin /J 11-1 - Cezar Galindo /u-' Joe McComb d_Lp Leo Guerrero (JLtC11/L Clif Moss /y- !`� Tom Hunt 1_, Mary Rhodes ((72q ) Frank Schwing, Jr. rid6 -e/LL That the foregoing ordinance was read for the second time and passed to its third reading on this the day of , 19 , by the following vote: Betty N. Turner Edward A. Martin Cezar Galindo Joe McComb Leo Guerrero Clif Moss / Tom Hunt Mary Rhodes Frank Sch%ng, Jr. That the foregoing ordinance as read fox the third time and passed finally on this the day . / , 19 , by the following vote: ; Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt PASSED AND APPROVED, his the ATTEST: Edward A. Martin Jda McComb Clif Moss Mary Rhodes Frank Schwing, Jr. day of , 19 City Secretary MAYOR THE CITY OF CORPUS CHRISTI APPROVED: _:7__DAY OF1Q..9 , 19114_: JAMES R. BRAY, J'R. , INTERIM__CITY ATTORNEY By -isIALAa,1 t Assistant Ci y Attorn y 044