HomeMy WebLinkAboutRES 19-074RESOLUTION NO. 19-074
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager, or his designee, be and they are hereby authorized to
execute a Multiple Use Agreement between the City of Beaumont Police Department
and the Texas Department of Transportation (TxDOT) for the use of state highway right-
of-way to allow the construction, maintenance and operation of a public trailer mounted
license plate reader to be located at IH-10 at US 69 Interchange and 11th Street Exit
westbound and eastbound. The Agreement is substantially in the form attached hereto
as Exhibit "A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
March, 2019.
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- Ma Becky Ames -
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STATE OF TEXAS §
COUNTY OF TRAVIS �
MULTIPLE USE AGREEMENT
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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 Beaumont Police Department , hereinafter called city
party of the second part, Is to become effective when fully executed by both patties.
WHEREAS, on the day day of month of the year .2019 , the governing
body for the city , entered Into Resotution/Ordlnance No, Ordinance
hereinafter Identified by reference, authorizing the City 's participation in this
agreement with the State; and
. WHEREAS, the city has requested the State to permit the construction,
maintenance and operation of a pubil-c Trailer Mounted License Plate Header
on the•hlghway right of way, (ROADWAY 11-1-10 WB and E9 CONTROL SECTION NO. 0028-13 )•
(General description of area inalud)ng either the control number or GPS coordinates.)
@US 69 Interchange and @11 th St. Exit with [BPS $0"0'45,0&'N; 9476D.00"W and 30115143.00"N; 940
810.00"W
shown graphically by the preliminary conceptual site plan in Exhibit "A" and being more specifically
described by metes and bounds of Exhibit "W, 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 city 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 Gonditloned that such uses are in the public Interest and will not damage the highway
facllities, Impair safety, impede maintenance or In any way restrict the operation of the highway faciliy, all es
determined from engineering and traffic investigations conducted by the State,
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NOW, THEREFORE, In consideration of the promises 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. DESiGNt AND CONSTRUCTION
city will prepare or provide for the construction plans' for the facility, end will provide
for the construction work as required by sold plans at no cost to the State. Said plane shall Include the
design of the access control, necessary horizontal and vertical clearances for highway structures,
adequate landscape treatment, adequate detail to ensure compilance 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, Any sidewalks,
curb ramps and other pedestrian elements to be constructed, either on site or off site, by the
City shall be in accordance with The requirements of Tltl a II of the Americans With
Disabilities Act (ADA) and with the Texas Accessibility Standards (`CAS), Elements constructed by the
Gil}r and found not to comply with ADA'or TAS shall be corrected at the entire expense
of the CEty
Z. INSPECTION
Ingress and egress small 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 1112 ton trucks, such vehicles to conform 1n 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 TxDQT, exists.
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+4. PROWiSMOMMIGNS
Regulations shall be established prohibiting the parker of vshi+Is transporting fl unmetbte or
explosive toads and prohibiting use of the area In any manner' Par paddling, 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 prohlbhed. All signs shall be approved by the State prior to
the actual erectlon.
5. RESPONS1131UTIES
Timely maintenance, repair end operation of the facility shall be entkely tine r(esF onsfbllity of the
City . Such responsibility shall not be transferred, assigned or conveyed to
a third party without tho advanced written approval of the State. These responsibifities expressly
Include the timely maintenance and repair of any potion of the facility necessary to comply with the
Americans with Disabilities Act. Further, such responsibility shall Include picking up trash, mowing and
otherwise heaping they facillky in a clean and sardtary conditlon, and surveillance by pope 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 One 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.
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If the State determines that city has failed to comply with these responsibilities,
It will perforni the necessary work and charge City the ai;tual cost of the work.
6. FEES
Any fees levied for IIIBeof the fact itles in the area shall be nominal and no more then are sufficient to
defray the cost of construction, maintenance and operations thereof, and shall be subject to State
approval.
A. Retention Period The city shall maintain all books, documonte,, papers,
accounting records and other evidence pertaining to fees collected and costs (hereinafter caged
the Records), The City shall make the records available during the term of
the Agreement and for four years from the date the Agreement is terminated, until completion of
all audits, or until pending litigation has been completely and fully resatv4 whichever occurs last,
B. Audit Report. If fees are collected by the city _ for the use of the fircility
under this agreement, the city will provide the State an annual audit report
detalling the fees collected for the use of the facility and the costs associated with constructing,
maintaining, and operating the facility within the same period, If the report shows more fees
collected than expenses for the construction, operation, or maintenance of the facility the
City must provide a multiple year plan detailing how the additional revenue
will be used for construction, operation, or maintenance of the facility.
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C. Ayllabiiity. The State or any of Its duly authorized representalves; the Federal Highway
Administration, the United States Department of Transportation, Office of Inspector General, and
the Comptroller General shall have access to the City 's records that are
directly pertinent to this Agreement for the purpose of making audits and examinations.
7. TERMINATION UPON iNt 1102
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 obligalloris herein
to make improvements to sold facility shall immediately cesse and terminate and
city shall be responsible for flie facility's timely removal at no cast to the State.
If the State determines that _ City hag failed to timely remove the facility, it will
perform the necessary work and charge City the actual cost of the work.
8. MODIFiCATIONITERMiNATION OF AORSEME NT
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 hlghway
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.
e. RROHISITION OF STORAGE OF FLAMMABLE MATERIALS
All. structures located or constructed within the area covered by the agreement shall be Ore resistant.
The storage of flammable, exploslve or hazardous materials is prohibited. Operations deemed to be
a potential Ora hazard shall be stlt4ect to regulation by the State.
10, RESTORATION OPAREA
The City shall provide written notification to the State that suoh facility will be
discontinued for the purpose defined herein. The w 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 ages to a condition satisfactory to the State.
11. PREVIOUS AGREEMENTS
It Is undarstoo fi that this agreement In no way modifies or supersedes the forms and provisbne of any
existing agreements between the parties hereto,
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12. INDEMNIF►CA1110M
City AGREES TO HOLD AND SAVE TIME STATE OF TEXAS FREE
FROM DAMAGES THAT MAY RBSULT FROM CONSTRUCTION OF THE PROJECT
DESCRIBED HEREIN. THE INDEMNIFICATION OF TH13 STATE SHALL EXTEND FOR A
PERIOD OF TWO (2) YEARS BEYOND THE DATE OF TERMINATION OF THIS
AGI2II�MENT. -F , i.! 1 {0 2';riC 2u�erc� a I.l owe E1 y
N c_r�N� � ca «n1 (0; oL DN �(
(DURING EACH YEAR WHILE THERE IS ANY LIABILITY BY REASON OF THE
AGREEMENT CONTAINED IN THIS SUBSECTION OF THIS RESOLUTION, INCLUDING
THE CALENDAR YEAR 2019 , THE City of Beaumont (CITY) SHALL COMPUTE
AND ASCERTAIN THE RATE AND AMOUNT OF AD VALOREM TAX, RASED ON THE
LATEST APPROVED TAX ROLLS OF SAID ENTITY, WITH FULL ALLOWANCES BRING
MADE FOR TAX DELINQUENCIES AND COSTS OF TAX COLLECTION, WI-iICH WILL BE
SUFFICIENT TO RAISE AND PRODUCE THE MONEY REQUIRED TO PAY ANY SUMS
W141CH MAY BE OR BECOME DUE DURING ANY SUCH YEAR, IN NO INSTANCE TO BE
LESS THAN TWO (2%) PER CENT OF SUCH OBLIGATION, TOGETHER WITH INTEREST
THEREON, BECAUSE OF THE OBLIGATION HEREIN ASSUMED.
SAID RATE AND AMOUNT OF AD VALOREM TAX IS HEREBY ORDERED'r0 BE LEVIED
AND IS HEREBY LEVIED AGAINST ALL TAXABLE PROPERTY IN SAID ENTITY FOR
EACH YEAR. WHILE ANY LIABILITY EXISTS BY REASON OF THE OBLIGATION
UNDERTAKEN BY THIS SUBSECTION OF THIS RESOLUTION, AND SAID AD VALOREM
TAX SHALL HE ASSESSED AND COLLECTED EACH SUCH YEAR UNTIL ALL OF THE
OBLIGATIONS HEREIN INCURRED SHALL HAVE BEEN DISCHARGED AND ALL
LIABILITY HEREUNDER DISCHARGED,
No party to this agreement Intends to waive, relinquish, limit or condition Its general governmental
Immunity from liability In anyway. —[�- s a j ree_mend - ,Nf tf Joe, c:/o.N sfr1ur uncle r ��rK
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Each party agrees and acknowledges that it Is not an agent, servant, or empirayea of the other party
and that under this provision each party Is responsible only for its own acts -and for those of its / as 5'
j agents, servants, Independent contractors or employees. Such responsibility Includes, but Is not
limited to any claims or amounts arising or recovered under the "Workers Compensation Law," the
Texas Tort Claims Act, chapter •101, Texas GIvil Practice and Remedies Code, or any other
applicable laws or regulations, all as time to time may be amended.
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{Nothing In this agreement shall be consirued as creating any liability in favor of any third pprly
against the Stale and the City . Additionally, this agreement shall not ever be
construed as relieving any third party from any [lability against the State, Furthermore, the
cfti' shall become fully subrogafed to the State's rights of recovery and shall be
entitled to maintain any action over and against any third party -who may be liable for damdges. The
$tote agrees to execute and deliver Instruments and papers And to otherwise do that which Is
necessary to secure such rights,
13. INSURANCE
The city , shall provide necessary safeguards to protect the public on State
maintained highways €nalud€ng adequate Insurance for payment of any damages which might result
during the construction, maintenance, repair and operation of the facility. Wy
shall Include TxDaT as an additional insured by endorsement in City 's '
commercial general liability insurance policy. Prior to beginning work on the St6te's right of way, the
city 's construction contractor shall submit to the Slate a completed. Insurance
form (TxDOT Form No. 1566) or appropriate certificate of self-insurance and shall maintain the
required coverage during the construction of the
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'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, nnr 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.
16. 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 pubtle 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
Ragulafions, § 710, shall be attached to and become a part of this agreement.
17, CIViL RIGHTS ASSURANCES
The City , for Itself, Its personal representatives, successors and interests and
Faml gala (Rev.10110)
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assigns, as part of the consideration hereof, does hereby covenont and agree as a covenapt 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 dlserimination In the use of sold faelllly; (2) that in the construction of any ltnprovements
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; (8) that the
City shall use the promises In compliance with all other requirements imposed by
or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Ofte
of the Secretary, Part 21, Non-discriminatlon in Federally -Assisted programs of the Departrttant of
Transportation - Effectuation of iltie VI of the Civil Rights -Act of 19B4, 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 some 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 hold
Invalid, illegal or unenforceable In any respect, such Invalidity, Illegality or unenforeeability 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. AU131T
The Stater may conduct an audit or investigation of any aspect of this agreement The
city must provide the State with access to any fnformotion the State considers
relevant to the Investigation or audit, The audit can include, but is not limited to, any contract for
construction or maintenance of any facility or structure authorized by this agreement or any
contract to provide a service to the city If that service Is authorized by this
agreement, -
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21. AUTHORITY OF STATE AUDiTOR
The state auditor may conduct an audit or investigation of any entity receiving hands from the state
directly under,the contract or Indirectly through a subcontract under the contract. Acceptance of
funds directly tinder 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
conalders relevant to the investigation or audit,
22,. NOTICE$
Ali notices required tinder this agreement shall be mailed or hand delivered to the following
respective addresses:
STATE
(Mailing Address)
Texas Department of Transportation
Maintenance Division
125 East 91 th Street
Austin, Texas 78701-2483
23. TIMELY PAYMENT
(Horne of other party)
(Malting Address)
Address Name
Address Name
Address Road/Street wy
Ad ress /5tateOp
When required by any provision of this agreement requires a payment to be made to the State, the
other party hereto shalt. withln 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 the other
pasty`$ construction, rnalntendnce, repair or operation of the facility,
24. WARRANTS
The signatories to this agreement warrant that each ties the authority to enter into this agreement on
behalf of the party represented.
List ofAtteohed Exhibits:
Exhibit A - General Layout
Exhibit B - Metes and Bounds Desoription
Exhibit C -Approved Construction Plans
Exhibit Q - Certiflcatp of insur@nce (TXDOT Form 100)
Exhibit E - AttaahMent A (PHWNA Additional Requirements)
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4 IN WITAIMS WHEREW, the parties have hereunto at xed their signature, the
-_ oh the M --day of __ , 20 , and the
state an the day of , 20
STATE 6F TE AS '
Executed and approved for . the 'Texas
(Name of other party) Transportotlon Commission for, the purpoge and
effect of activating and/or carrying out the orders,
and established policies or work pragrams
heretofore approved and authorized by the Texas
Signature
Transportation Commission.
- - — By.
Printed Name rec or, a ntenance v s an
'mite Ptinted Name
Agency Date
APPROVAL RI=COMMENDED:
M Contact Office and Telephone No.
District Engineer
�t Tinted ame
Date
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t ATTACHMENT A I
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, § 710.106.
1. Any significant revision In the design or construction of the facility shalt receive prior approval by the
Tawas Department of Transportation subject to concurrency by the FHVM
2. Any change in the authorized use of real property Interest shall receive prior approval by the Texas
Department of Transportation subject to concurrence by the FHWA.
3. Real property Interest shelf not be transferrad, asslgnsd 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 real property interest facility ceases to be used
or Is abandoned,
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EXHIBIT E