Ord 106-2003 11/18/2003ORDINANCE NO. Ib -aQO3
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, MAKING APPROPRIATION TO THE SPECIAL
REVENUE FUND IN THE AMOUNT OF $3,532 FOR ADDITIONAL RYAN
WHITE III GRANT REVENUE FROM TARRANT COUNTY AND
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT
ACCEPTING SAME; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls has received approval for additional grant
revenue from Tarrant County; and
WHEREAS, the award of these funds could not have been anticipated prior to
the adoption of the FY 2003 -2004 Budget; and
WHEREAS, these additional funds will serve to meet an identified health care
need in our community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. There is hereby appropriated in the Special Revenue Fund $3,532
for the Ryan White III grant, and the City Manager is authorized to execute contract
accepting same.
SECTION 2. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 18th day of November, 2003.
ATTEST:
City Clerk
O.
DEPARTMENT OF PUBLIC WORKS
CITY OF WICHITA FALLS
INTEROFFICE MEMORANDUM
i,
To: Lydia Torres, City Clerk
Bill Sullivan, City Attorney
From: Kathy Sandsmark, Project Manager
Subject: TxDOT Multiple Use Agreement for Construction of a Parking Lot between I-
44 and the 6th Street Ramp; Police Department Parking Lot (CWF03- 100 -05)
Date: November 18, 2003
Enclosed, for your records, is a copy of the fully executed Multiple Use Agreement
between the City of Wichita Falls and TxDOT for construction of a parking lot in the area
located between 1 -44 and the ramp from 6th Street to 1 -44 (across from the Police
Department at 610 Holliday.)
If you have any questions, please do not hesitate to call me at x7485.
Thank you,
r�2andsmark
Enclosures: Texas Department of Transportation Multiple Use Agreement
cc: Project File (CWF03- 100 -05) (Original)
TxDOT Correspondence Folder
Jeff Hogan, P.E. (w /o Enclosures)
c
CITY CLERK'S OFFICE
Date
By Time
Texas Department of Transportation
1601 SOUTHWEST PARKWAY * WICHITA FALLS, TEXAS 76302 -4906 * (940) 720 -7700
November 13, 2003
Kathy Sandsmark
Project Manager
City of Wichita Falls
1300 7 "' Street
Wichita Falls, Texas 76307
Re: Multiuse Agreement
Dear Ms. Sandsmark:
Attached is the fully executed Multiuse Agreement of the proposed parking lot between I -44 and
the 6"' Street ramp.
If you have questions please do not hesitate to call me at 940.720.7710.
Thank you,
Brady Woolsey
District Maintenance Manager
B W /ks
Attachment
An Equal Opportunity Employer
Ter„
�,,,
o� r.,o,Pond�
Form 2044 (Rev. 05/2002)
(GSD -EPC)
Page 1 of 9
MULTIPLE USE AGREEMENT
STATE OF TEXAS §
COUNTY OF TRAVIS §
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
City of Wichita Falls , hereinafter called
City
when fully executed by both parties.
WHEREAS, on the 2nd
, party of the second part, is to become effective
WITNESSETH
day of September 120 03 , the governing
body for the City of Wichita Falls , entered
into Resolution /Ordinance No. City of Wichita Falls Council Bill 9211 hereinafter identified by
reference, authorizing the City 's participation in
this agreement with the State; and
WHEREAS, the
City
State to permit the construction, maintenance and operation of a public
has requested the
parking lot on the highway
right of way, (General description of area) between I -44 and ramp and 6th and 7th Streets
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 that the
will enter into
agreements with the State for the purpose of determining the respective responsibilities of the
City and the
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. 05/2002)
Page 2 of 2
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
City 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.
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.
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.
Form 2044 (Rev. 05/2002)
Page 3 of 3
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. MODIFICATION/TERMINATION 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 that the facility is not being properly 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.
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.
Form 2044 (Rev. 05/2002)
Page 4 of 4
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
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 City . Additionally, this agreement shall not ever be
construed as relieving any third party from any liability against the State and the
City , but the
City 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
caused the City to pay or disburse any sum of money
hereunder.
Form 2044 (Rev. 05/2002)
Page 5 of 5
13. INSURANCE
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.
Form 2044 (Rev. 05/2002)
Rage 6 of 6
17. CIVIL RIGHTS ASSURANCES
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, 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
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.
Form 2044 (Rev. 05/2002)
-Page 7 of 7
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
21. WARRANTS
(Name of other party)
(Mailing Address)
of Wichita Falls
Engineering Division
1300 7 Street
Wichita Falls, Texas 76307
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)
Form 2044 (Rev. 05/2002)
`rage 8 of 8
IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the
City on the 2nd day of September
2003 and the State on the �� day of L, 10 IA k u r,. , 20
0
(Name of other party)
Jeffery A. Hogan, P.E.
Printed Name
Date
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: Ll
Director, Mainte a Division
Printed Name
Date
APPROVAL RECOMMENDED:
District gngineer
/ -/ Alel�_i�d IP
Printed Name
Date
EXHIBIT A
N 88' 56' 49" W
182.24'
'0
6\A Sl,
N 28' 28' 52" W
203.19'
L = 211.73'
Ton = 07.08'
DELTA = 21' 05' 32"
R = 575.16'
Chord Length = 210.54'
Chord Bearing = N 12' 22' 29" W
N 01' 50' 16"
39.1
N 33' 39" 09" W
55.56'
OF
13" E
PROPOSEI
POLICE
PARKING
LOT
1.46 ACRE
S 34' 11' 39" E
�j
do
9
S
56' 23' 12" W
/
40.22'
S34'50'01 "E
154.81'
SCALE: 1"=100'
N 56' 19' 42" E
7.10'
PLACE OF
COMMENCMENT
6\A Sl,
N 28' 28' 52" W
203.19'
L = 211.73'
Ton = 07.08'
DELTA = 21' 05' 32"
R = 575.16'
Chord Length = 210.54'
Chord Bearing = N 12' 22' 29" W
N 01' 50' 16"
39.1
N 33' 39" 09" W
55.56'
OF
13" E
EXHIBIT B
FIELD NOTES FOR PARKING LOT LEASE/MULTI USE AGREEMENT FOR TEXAS
DEPARTMENT OF TRANSPORTATION OWNED PROPERTY
Being a 1.46 Acre tract of land out of Block 244, Lots A, B, C, & D and Block 245, Lot 2 -A, Original
Townsite, Wichita County, Texas, and being more specifically described by metes and bounds as
follows;
COMMENCING at a point, said point being the Southeast corner of Lot 12A, Block 259, Noble and
Henderson's Resurvey of Block 259 of the Original Townsite, in the North Right of Way line of 7th
Street, and the West Right of Way line of Holliday Street;
THENCE leaving said Southeast corner North 56° 19' 42" East, 67.10 feet to a point, said point
being the Southwest corner of this easement and in the North Right of Way line of 7th Street;
THENCE following the North Right of Way line of 7th Street, North 56° 23' 13" East, 32.90 feet to a
point, said point being in the East Right of Way line of 6th Street and the PLACE OF BEGINNING;
THENCE following the North Right of Way line of 7th Street, North 56° 23' 13" East, 34.45 feet to a
point, said point being southeast corner of this easement;
THENCE leaving said North Right of Way line of 7th Street, North 33° 39' 09" West, 55.56 feet to a
point, said point being an angle break of this lease;
THENCE North 01' 50' 16" West, 39.16 feet to a point, said point being the beginning of a 575.16
radius curve to the left;
THENCE following said curve to the left a total distance of 211.73 feet with a chord bearing North
12° 22' 29" West and a chord length of 210.54 feet;
THENCE North 28° 28' 52" West, 203.19 feet to a point, said point being in the South Right of Way
line of 6th Street and Northeast corner of this lease agreement;
THENCE following in the South Right of Way line of 6th Street, North 88° 56' 49" West, 182.24 feet
to a point, said point being in the East Right of Way line of Holliday Street and the Northeast corner
of this lease agreement;
THENCE following in the East Right of Way line of Holliday Street, South 34° 11' 39" East, 436.37
feet to a point, said point being in the East Right of Way line of Holliday Street and angle break in
this lease agreement;
THENCE leaving said East of Way line of Holliday Street, South 56° 23' 12" West, 40.22 feet to a
point, said point being in Holliday Street Right of Way and an angle break of this lease agreement;
THENCE South 34° 50' 01" East, 154.81 feet to a point, said point being in the North Right of Way
line of 7"' Street and the Southwest corner of this lease agreement;
THENCE following said North Right -of -Way line of 7th Street, North 56° 23' 13" East, 32.90 feet to
a point, said point being the Southwest corner of this lease agreement, the PLACE OF BEGINNING
and containing 1.46 Acres of land, more or less.
EXHIBIT C
I�� : M
09/26/2003 10:11 97616873
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TX007r Form 1550 (Rev 04r20oz) Previous sdKfonr _, aces ra'r'e mRy not be usso.
P69e I of
PAGE 02
P.(a
Texas Uwspartrnent of Transportation (Txo..
CERTIFICATE OF INSURANCE
brio' to the Wgin -m of wade• the ContrarYor at" abtabf the -V* Mn trtatftanr a and andO Me MMS V=ft& dHy the TxDbT oertffsica19 of "V'Urancop fbrM r
— optable as proof of htswance for dapa*r"" contracts. Aptrnts should CPR% * the form PMVk ft,p 161 requOSW informadon than after f'sx or mr,d -r m far+
diMMY to the addrvso fisted on the bat* of wits roan. Copley orenOwnemertt bled below are not ravuhad as attachrnonts to this uxt ticate.
Insured- B W g 3�--
Streeb Vleiring Addriss r J ft1 (> -Fe 1�_ Lang
CitylSMWZip: Wichita FaLLg_TX 76301 Phone Number Area CodeS240 ) 767 -5859
WORKERS' COMPENSATION INSURANC~ COVERA(;E:
Endorsad with IS Waiver of Subrogation In htV01 of TzpOY.
Address:
Wor Kerr' Compensatloo
can Rome Assurance
xne
WC4946428 1 01/21/03
stag. ZI
1/21
COMMEMENSIVE GENERAL UASf!_rTY INSURANCE:
EndL- ed with TxDOT as Ad Insured and with a Waiver of Subm on in favor of
CarriorName: Mid Conteninent Casualty_ I aMerPhan
Address! P 0 BOX 1409 i et-t. gt," 7
' type or insurance: i Policy �ltfrit er: tsCtJyM I
COm6rehall" General y
Boodiy Ity `aj1G° o4CL96922 11/26/02
Property Oarnaae
CSR
Corrrrnvrdal General
Lre qy Insurance
COMPREHENSIVE AUTOMOME UA131UTY INSURANCE:
Endorsed with TxDOT as Additional Insured and with a Waiver of
Address: P 0 Box 1409
1 ('.&Mfehen"i4o Autnnloblfil 2 7
Uablfity lr>$tlrenr� OR Taxers i
ausiness Auto►notxle Polley
$WRY Injury
Property Damage
UMBRELLA POLICY Pt appllcabla):
Caather Name:
lknnllo P111_V
Agency Name
11/26/02
Address
P.
Area Gode (940 ) 723 -0771
Authorized Agent's Phone Num r
I.* New York NY 10207 -�
jrntts o , d. 1
I Not Loss Than: 4 tmtutory Bids
Tul
300 -722- 4994__ -
>a OK 74101
Lxpfratlort Date; Uni i o bF try .
Not Lass 1 f an: 1 1/ 2 6/ 0 3 S &W.000 each occurrence
1111 MOM each bocurronce
S 100,04M for aggregate
OR
1 S t300AW comb ned single Iwrut
ation In favor of TxDOT.
4tca dw phone Ir�00- 772 -4994
,State, p ; Tulsa f3>z 74101 - --
plrautm Darts! Luiriits of L.iabltiiy.
11/26/03 NotL*"Than. —�
S M.000 each person
S W0.000 each occurrence
I I S 199,0f1D each occurrence
1
!artier Phone M,
Ity. State, ZIP:
Expiration is: LerteiCs of Liability;
City, state Zip Coax
1071, 14 ita Palls TX 76307
09/17/03 '
t g tp re Bate
This CerttFlcate of (nurrance neither affirmatively nor napativery arnands• extends, or Shers the coverwa aNOrded by"above insurance pooc,Af. "urd
by rho named Insurance company. Cancellation of the Irlturanoe ponders Shah not be nWe until't'td1RTY DAYS AFTER the agent or the rns4trance
company has sent written notlea by certtffed mall to the ooMMOtor and the Taxes Department of Transportation.
THIS M TO CERTIFY to the Texas Department of TmnsportaOun acting on "half of the Stat4 of Texas that the Insurance poticfes nw"*d tneer at: the
requlrernents stipulated arM such pohafes am In full force and affect. If this kvm is Sent by facafmile ryrachbe, (Fax), rho sender adopts me uoc;,menr
rsoolvad by TxV01' as a dupAdoto onVne/ ane adopts tqe 09nafswe produced by the raoeivft fax M40610 -as ma sendoes original signature.
The Texas 0eparynent or Transportation maintains the informatton collected through this loom. VM few exceptions, you are entitled on raquas: to be
informad about the Information that we collect about you. Unc* sectlons 552,021 and 552.023 of the Taxat Govenement Code, you also a -• entmed to
receive and review the informadon, Under section 669.004 of the 00verrtment Code, you are atad enthlea to have us correot fnibrmation Afxvt . ,r.. s th.ar
is inooffect
Err 39trd •
EL8919LE r1 :80 0007 1.,60
Form 2044 (Rev. 05/2002)
Page 9 of 9
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