HomeMy WebLinkAbout027967 RES - 12/09/2008RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A MULTIPLE USE AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION (STATE) WHICH
ALLOWS FOR THE CITY TO INSTALL, OPERATE, AND
MAINTAIN A STORM WATER MONITORING STATION IN STATE
RIGHT OF WAY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager or his designee is authorized to execute a
multiple use agreement with the Texas Department of Transportation (State) to
allow for the City to install, operate, and maintain a storm water monitoring
station in state right of way.
ATTEST:
Armando Chapa
City Secretary
APPROVED AS O FORM:
Veronica Ocanas
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
wain/ AAA" rr
A "4'
enry Gar
Mayor
027967
C:\Documents and Settings\veronicao\Desktop\120908 RESO TxDOT multi-use.doc
0- day of .17>eilitLeA, 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
027967
C:\Documents and Settings\veronicao\Desktop\120908 RESO TxDOT multi-use.doc
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lepatarol
al Framporbigon
Form 2044 (Rev. 01/08)
(GSD -EPC)
Page 1 of 8
STATE OF TEXAS §
COUNTY OF TRAVIS §
MULTIPLE USE AGREEMENT
THIS AGREEMENT made by the State of Texas by and between the Texas Department of
Transportation, hereinafter referred to as "State", party of the first part, and
the City of Corpus Christi hereinafter called
"City" , party of the second part, is to
become effective when fully executed by both parties.
WHEREAS, on the
body for the
into Resolution/Ordinance No.
day of
WITNESSETH
City
,20
, the governing
, entered
reference, authorizing the
this agreement with the State; and
City
hereinafter identified by
's participation in
WHEREAS, the City has requested the
State to permit the construction, maintenance and operation of a public
storm water monitoring station on the highway
right of way. (General description of area) on the east side of the bridge at Dedo Del Oso
Creek (SH 357), Rodd Field Road, Corpus Christi, Nueces County, Texas.
shown graphically by the preliminary conceptual site plan in Exhibit "A" and being more specifically
described by metes and bounds of Exhibit "B", which are attached and made a part hereof; and
WHEREAS, the State has indicated its willingness to approve the establishment of such facilities
and other uses conditioned thafthe City - -
will enter into agreements with the State for the purpose of determining the respective responsibilities of the
and the
city
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.
Form 2044 (Rev. 01/08)
Page 2 of 8
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. DESIGN AND CONSTRUCTION
The City of Corpus Christi will prepare or provide for the
construction plans for the facility, and will provide for the construction work as required by said plans at
no cost to the State. Said plans shall include the design of the access control necessary horizontal
and vertical clearances for highway structures, adequate landscape treatment, adequate detail to
ensure compliance with applicable structural design standards, sufficient traffic control provisions, and
general layout. They shall also delineate and define the construction responsibilities of both parties
hereto. Completed plans will be submitted to State for review and approval and when approved shall
be attached to the agreement and made a part thereof in all respects. Construction shall not
commence until plans have been approved by the State. Any future revisions or additions shall be
made after prior written approval of the State.
2. INSPECTION
Ingress and egress shall be allowed at all times to such facility for Federal Highway Administration
personnel and 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.
The state auditor may conduct an audit or investigation of any entity receiving funds from the state
directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds
directly under the contract or indirectly through a subcontract under this contract acts as acceptance of
the authority of the state auditor, under the direction of the legislative audit committee, to conduct an
audit or investigation in connection with those funds. An entity that is the subject of an audit or
investigation must provide the state auditor with access to any information the state auditor considers
relevant to the investigation or audit.
3. PARKING REGULATIONS
Parking regulations shall be established limiting parking to single unit motor vehicles of size and
capacity no greater than prescribed for 11/2 ton trucks, such vehicles to conform in size and use to
governing laws. Parking shall be permitted only in marked spaces.
Parking shall be prohibited when a security threat, as determined by TxDOT, exists.
Form 2044 (Rev. 01/08)
Page 3 of 8
4. PROHIBITION/SIGNS
Regulations shall be established prohibiting the parking of vehicles transporting flammable 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
use of the area will be prohibited. All signs shall be approved by the State prior to the actual erection.
5. RESPONSIBILITIES
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 the advanced written 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 subject
the highway to hazardous or unreasonably objectionable dripping, droppings or discharge of any kind,
including rain or snow.
6. FEES
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 operations thereof, and shall be subject to
State approval.
7. TERMINATION UPON NOTICE
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. MODIFICATIONITERMINATION OF AGREEMENT
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 thatifie facilityis not being property operated, that -it -constitutes a -nuisance, is
abandoned, 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.
Form 2044 (Rev. 01/08)
Page 4 of 8
9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS
All structures located or constructed within the area covered by the agreement shall be fire resistant.
The storage of flammable, explosive or hazardous materials is prohibited. Operations deemed to be
a potential fire hazard shall be subject to regulation by the State.
10. RESTORATION OF AREA
The City shall provide written notification to the State
that such facility will be discontinued for the purpose defined herein. The
City shall, within thirty (30) days from the date of said
notification, clear the area of all facilities that were its construction responsibility under this agreement
and restore the area to a condition satisfactory to the State.
11. PREVIOUS AGREEMENTS
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. INDEMNIFICATION
The City
acknowledges that it is not an
agent, servant or employee of the State, and that it is responsible for its own acts and deeds and for
those of its agents or employees during the performance of contract work.
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 within thirty (30) days from receipt of
the State's written notification 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, 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 against
the State and the ri r3 . Additionally, this agreement shall not ever be
construed as relieving any third party from any liability against the State and the
, but the
ri ry shall become fully subrogated to the State and
shall be entitled to maintain any action over and against the third party which may be liable for having
City
caused the
hereunder.
City
to pay or disburse any sum of money
Forth 2044 (Rev. 01/08)
Page 5 of 8
13. INSURANCE
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, maintenance and operation 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. Prior to beginning work on the State's
right of way, the
City 's construction contractor
shall submit to the State a completed insurance form (TxDOT Form No. 1560) and shall maintain the
required coverage during the construction of the facility.
14. USE OF RIGHT OF WAY
It is understood that the State by execution of this agreement does not impair or relinquish the State's
right to use such land for highway 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 abandonment by the State of such land acquired for highway purposes, and the State
does not purport to grant any interest in the land described herein but merely consents to such use to
the extent its authority and title permits.
15. ADDITIONAL CONSENT REQUIRED
The State asserts only that it has sufficient title for highway purposes. The
City shall be responsible for obtaining such additional consent,
permits or agreement as may be necessary due to this agreement. This includes, but is not limited
to, appropriate permits and clearances for environmental, ADA and public utilities.
16. FHWA ADDITIONAL REQUIREMENTS
If the Facility is located on the Federal -Aid Highway System, "ATTACHMENT A", which states
additional requirements as set forth in the Federal Highway Administration's Title 23, Code of Federal
Regulations, § 710, shall be attached to and become a part of this agreement.
17. CIVIL RIGHTS ASSURANCES
The ry , 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
grounds of race, color, sex, age, national origin, religion or disabling condition, 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, sex, age, national origin,
religion or disabling condition, shall be excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination; (3) that the
Form 2044 (Rev. 01/08)
Page 6 of 8
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
Rights 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 agreement and reenter and repossess said land and the facilities thereon, and
hold the same as if said agreement had never been made or issued.
18. AMENDMENTS
Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by
a written amendment executed by both parties hereto.
19. LEGAL CONSTRUCTION
In case one or more of the provisions contained in this agreement shall for any reason be held invalid,
illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any
provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained in this agreement.
20. NOTICES
All notices required under this agreement shall be mailed or hand delivered to the following respective
addresses:
STATE
(Mailing Address)
Texas Department of Transportation
Maintenance Division
125 East 11th Street
Austin, Texas 78701-2483
(Name of other party)
(Mailing Address)
City of Corpus Christi
P.O. Box 9277
Corpus Christi TX 78469-9277
21. WARRANTS
The signatories to this agreement warrant that each has the authority to enter into this agreement on
behalf of the party represented
List of Attached Exhibits:
Exhibit A - General Layout
Exhibit B - Metes and Bounds Description
Exhibit C - Approved Construction Plans
Exhibit D - Certificate of Insurance (TxDOT Form 1560)
Exhibit E - Attachment A (FHWA Additional Requirements)
Exhibit F- Photo of a storm water monitoring station
Form 2044 (Roy. 01/08)
Page 7 of 8
IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the
on the day of
20 , and the State on the day of
By:
(Name of other party)
Title
Printed Name
Date
Approved as toLegalform:i j.0
'erorica Ocanas
Assistant City Attorney
ror Ciiy Attorney
, 20
STATE OF TEXAS
Executed and approved for the Texas
Transportation Commission for the purpose and
effect of activating and/or carrying out the orders,
and established policies or work programs
heretofore approved and authorized by the Texas
Transportation Commission.
By:
Director, Maintenance Division
Printed Name
Date
APPROVAL RECOMMENDED:
District Engineer
Printed Name
Date
EXI-IIBITS A and B
General Layout and Metes and Bounds
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Form 2044 (Rev. 01/08)
Page 8 of 8
ATTACHMENT A
Inasmuch as this project is on the Federal -Aid highway system, the following additional requirements as
applicable with the Federal Highway Administration's Title 23, Code of Federal Regulations, § 710.
1. Any significant revision in the design or construction of the facility shall receive prior approval by the
Texas Department of Transportation subject to concurrency by the FHWA.
2. Any change in the authorized use of airspace shall receive prior approval by the Texas Department of
Transportation subject to concurrence by the FHWA.
3. The airspace shall not be transferred, assigned or conveyed to another party without prior Texas
Department of Transportation approval subject to concurrence by the FHWA.
4. This agreement will be revocable in the event that the airspace facility ceases to be used or is
abandoned.
EXHIBIT E
EXHIBIT F
Example of a storm water monitoring station. Components shown include concrete pad,
storm box, rain gauge, and solar panel.