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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 z:�N,17 -0a WED lenses Atn 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