Item 4CCity of Southlake, Texas
MEMORANDUM
February 19, 2008
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Resolution No. 08 -011, Approve a revised municipal
maintenance agreement with TxDOT
Action
Requested: Resolution No. 08 -011, Approve a revised municipal maintenance
agreement with TxDOT.
Background
Information: In August of 2007, the City of Southlake executed an agreement
with Red Flex to install red light cameras at various intersections
within the City of Southlake.
On January 11, 2008, a meeting was conducted between Red -Flex,
TxDOT and City staff where this project was discussed. TxDOT
informed city staff that prior to the installation of the red light
cameras, an updated version of the Municipal Maintenance
Agreement would have to be approved by the City Council.
TxDOT prefers to have each city approve the updated maintenance
agreement every 2 years; however, TxDOT records indicate that it
has been approximately 10 years since the City of Southlake last
approved the maintenance agreement.
The purpose of this municipal maintenance agreement is to provide
for the maintenance, control, supervision, and regulation of certain
state highways and /or portions of certain state highways within the
City of Southlake.
TxDOT will also require City Council approve an amendment to this
municipal maintenance agreement to provide for the installation of
red light cameras on TxDOT signals. Once the specific proposed
red light camera locations are determined, staff will present the
amendment for City Council's consideration.
Financial
Considerations: The municipal maintenance agreement does not have any direct
financial impact on the city.
Citizen Input/
Board Review: None
Legal
Review: None
Alternatives: The City Council may approve the TxDOT Municipal Maintenance
Agreement or deny it.
Supporting
Documents: Resolution 08 -011
TxDOT Municipal Maintenance Agreement
Staff
Recommendation: Adopt Resolution 08 -011, approving a revised TxDOT Municipal
Maintenance Agreement.
Staff
Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Michelle Speaker, P.E., Civil Engineer
Form No, 1037
Resolution
September 1996
RESOLUTION NO, 08-011
A RESOLUTION APPROVING THE AGREEMENT DATED
BETWEEN THE STATE OF TEXAS AND THE CITY OF Southlake f
FOR THE MAINTENANCE, CONTROL, SUPERVISION, AND REGULATION OF CERTAIN STATE
HIGHWAYS AND /OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF Southlake ;
AND PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Southlake
SECTION 1. That the certain agreement dated
between the State of Texas and
the City of Southlake for the maintenance, control, supervision, and regulation of certain
State Highways and/or portions of State Highways in the City of Southlake be, and the same
is, hereby approved; and that
is hereby authorized to execute
said agreement on behalf of the City of Southlake and to transmit the
sarne to the State of Texas for appropriate action.
PASSED:
APPROVED:
Mayor
ATTEST:
Secretary
City of Southlake
Clerk
APPROVED AS TO FORM:
City Attorney
Form 1038
(Rev. 712004)
reins MUNICIPAL MAINTENANCE AGREEMENT
C3epun'ment
of R nspork tlon
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT made this day of , 20._,
by and between the State of Texas, hereinafter referred to as the "State," party of the first part, and the City of
Southlake , Tarrant County,
Texas (population 21,519 2000, latest Federal Census) acting by and through its duly
authorized officers, hereinafter called the "City," party of the second part.
WITNESSETH
WHEREAS, Chapter 311 of the Transportation Code gives the City exclusive dominion, control, and
,jurisdiction over and under the public streets within its corporate limits and authorizes the City to enter agreements
with the State to fix responsibilities for maintenance, control, supervision, and regulation of State highways within
and through its corporate limits; and
WHEREAS, Section 271.002 of the Transportation Code authorizes the State, at its discretion, to enter
agreements with cities to fix responsibilities for maintenance, control, supervision, and regulation of State highways
within and through the corporate limits of such cities; and
WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation Commission, has
made it known to the City that the State will assist the City in the maintenance and operation of State highways
within such City, conditioned that the City will enter into agreements with the State for the purpose of determining
the responsibilities of the parties thereto; and
WHEREAS, the City has requested the State to assist in the maintenance and operation of State highways
within such City:
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, it is agreed as follows:
For this agreement, the use of the words "State Highway" shall be construed to mean all numbered
highways that are part of the State's IIighway System.
Page I of 8
COVERAGE
1. This agreement is intended to cover and provide for State participation in the maintenance and operation
of the following classifications of State Highways within the City:
A. Non - Controlled Access highways or portions thereof which are described and/or graphically shown
as "State Maintained and Operated" highways in Exhibit "A," which is attached hereto and made a
part hereof.
B. All State highways or portions thereof which have been designated by the Texas Transportation
Commission or maintained and operated as Controlled Access Highways and which are described
and /or graphically shown in Exhibit "B," which is attached hereto and made a part hereof.
In the event that the present system of State highways within the City is changed by cancellation, modified
routing, or new routes, the State will terminate maintenance and operation and this agreement will become
null and void on those portions of the highways which are no longer on the State Highway System; and
the frill effect and all conditions of this agreement will apply to the changed highways or new highways on
the State Highway System within the City; and they shall be classified as "State Maintained and Operated"
under paragraph 1 above, unless the execution of a new agreement on the changed or new portions of the
highways is requested by either the City or the State.
Exhibits that are a part of this agreement may be exchanged with both parties' written concurrence.
Additional exhibits may also be added with both parties' written concurrence.
GENERAL CONDITIONS
The City authorizes the State to maintain and operate the State highways covered by this agreement in the
manner set out herein.
2. This agreement is between the State and the City only No person or entity may claim third party
beneficiary status under this contract or any of its provisions, nor may any non -party sue for personal
injuries or property damage under this contract.
3. This agreement is for the purpose of defining the authority and responsibility of both parties for
maintenance and operation of State highways through the City This agreement shall supplement any
special agreements between the State and the City for the maintenance, operation, and /or construction of
the State highways covered herein, and this agreement shall supersede any existing Municipal
Maintenance Agreements,
4. Traffic regulations, including speed limits, will be established only after traffic and engineering studies
have been completed by the State and/or City and approved by the State.
Page 2 of 8
The State will erect and maintain all traffic signs and associated pavement markings necessary to regulate,
warn, and guide traffic on State highways within the State right -of -way except as mentioned in this
paragraph and elsewhere in this agreement At the intersections of off - system approaches to State
highways, the City shall install and maintain all stop signs, yield signs, and one -way signs and any
necessary stop or yield bars and pedestrian crosswalks outside the main lanes or outside the frontage roads,
if such exist. The City shall install and maintain all street name signs except for those mounted on State
maintained traffic signal poles or arms or special advance street name signs on State right -of -way. All new
signs installed by the City on State right -of-way shall meet or exceed the latest State breakaway standards
and be in accordance with the Texas Manual on Uniform Trgffzc Control Devices, latest edition and
revision. All existing signs shall be upgraded on a maintenance replacement basis to meet these
requirements.
6 Subject to approval by the State, any State highway lighting system may be installed by the City provided
the City shall pay or otherwise provide for all cost of installation, maintenance, and operation except in
those installations specifically covered by separate agreements between the City and State,
7 The City shall enforce the State laws governing the movement of loads which exceed the legal limits for
weight, length, height, or width as prescribed by Chapters 621, 622, and 623 of the Transportation Code for
public highways outside corporate limits of cities. The City shall also, by ordinance /resolution and
enforcement, prescribe and enforce lower weight limits when mutually agreed by the City and the State that
such restrictions are needed to avoid damage to the highway and/or for traffic safety.
8. The City shall prevent future encroaclurients within the right-of-way of the State highways and assist in
removal of any present encroachments when requested by the State except where specifically authorized by
separate agreement; and prohibit the planting of trees or shrubbery or the creation or construction of any
other obstruction within the right -of -way without prior approval in writing from the State..
Traffic control devices such as signs, traffic signals, and pavement markings, with respect to type of device,
points of installation and necessity, will be determined by traffic and engineering studies. The City shall not
install, maintain, or permit the installation of any type of traffic control device which will affect or
influence the use of State highways unless approved in writing by the State_ Traffic control devices
installed prior to the date of this agreement are hereby made subject to the terms of this agreement and the
City agrees to the removal of'such devices which affect or influence the use of State highways unless their
continued use is approved in writing by the State. It is understood that basic approval for future
installations of traffic control signals by the State or as a joint project with the City, will be indicated by the
proper City official's signature on the title sheet of the plans. Both parties should retain a copy of the
signed title sheet or a letter signed by both parties acknowledging which signalized intersections are
covered by this agreement. Any special requirements not covered within this agreement will be covered
under a separate agreement.
10_ New construction of sidewalks, ramps or other accessibility related iterns shall comply with current ADA
standards. The city is responsible for the maintenance of these iterns.
Page 3 of 8
11. If the City has a driveway permit process that has been submitted to and approved by the State, the City
will issue permits for access driveways on State highway routes and will assure the grantee's conformance,
for proper installation and maintenance of access driveway facilities, with either a Local Access
Management Plan that the City has adopted by ordinance and submitted to the State or, if the City has not
adopted by ordinance and submitted to the State a Local Access Management flan, the State's "Regulations
for Access Driveways to State Highways" and the State's Access Management Manual.. Ifthe City does not
have an approved city -wide driveway permit process, the State will issue access driveway permits on State
highway routes in accordance with the City's Local Access Management Plan, adopted by city ordinance
and submitted to the State or, if the City has not adopted by ordinance and submitted a Local Access
Management Plan, the State's "Regulations for Access Driveways to State Highways" and the State's
Access Management Manual..
12. The use of unused right-of-way and areas beneath structures will be determined by a separate agreement
NON - CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall be applicable to non - controlled access State
highways in addition to the "General Conditions" contained herein above. Non - controlled access State highways
or portions thereof covered by this section are those listed and/or graphically shown in Exhibit "A!"
State's Responsibilities (Non- Controlled Access)
Maintain the traveled surface and foundation beneath such traveled surface necessary for the proper
support of same under vehicular loads encountered and maintain the shoulders..
Assist in rnowing and litter pickup to supplement City resources when requested by the City and if State
resources are available,
Assist in sweeping and otherwise cleaning the pavement to supplement City resources when requested by
the City and €f' State resources are available.
4. Assist in snow and ice control to supplement City resources when requested by the City and if State
resources are available.
Maintain drainage facilities within the limits of the right -of� -way and State drainage casements, This does
not relieve the City of its responsibility for drainage of the State highway facility within its corporate
limits,
6. fnstall, maintain, and operate, when required, normal regulatory, warning and guide signs and normal
markings (except as provided under "General Conditions" in paragraph 5). In cities with less than 50,000
population, this also includes school safety devices, school crosswalks, and crosswalks installed in
conjunction with pedestrian signal heads This does not include other pedestrian crosswalks. Any other
traffic striping desired by the City may be placed and maintained by the City subject to written State
approval.
Page 4 of 8
7. Install, operate, and maintain traffic signals in cities with less than 50,000 population.
In cities equal to or greater than 50,000 population, the State may provide for installation of traffic signals
when the installation is financed in whole or in part with federal -aid funds if the City agrees to enter into
an agreement setting forth the responsibilities of each party..
City's Responsibilities (Non - Controlled Access)
Prohibit angle parking, except upon written approval by the State after traffic and engineering studies have
been conducted to determine if the State highway is of sufficient width to permit angle parking without
interfering with the free and safe movement of traffic..
?. Install and maintain all parking restriction signs, pedestrian crosswalks [except as provided in paragraph 6
under "State's Responsibilities (Non - Controlled Access) "], parking stripes, and special guide signs when
agreed to in writing by the State. Cities greater than or equal to 50,000 population will also install, operate,
and maintain all school safety devices and school crosswalks.
1 Signing and marking of intersecting city streets with State highways will be the full responsibility of the
City (except as provided under "General Conditions" in paragraph 5).
Require installations, repairs, removals, or adjustments of publicly or privately owned utilities or services
to be performed in accordance with Texas Department of Transportation specifications and subject to
approval of the State in writing.
Retain all functions and responsibilities for maintenance and operations which are not specifically
described as the responsibility of the State. The assistance by the State in maintenance of drainage
facilities does not relieve the City of its responsibility for drainage of the State highway facility within its
corporate limits except where participation by the State is specifically covered in a separate agreement
between the City and the State„
Install, maintain, and operate all traffic signals in cities equal to or greater than 50,000 population. Any
variations will be handled by a separate agreement,
T Perform rrrowing and litter pickup,
8. Sweep and otherwise clean the pavement.
9. Perform snow and ice control.
CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall be applicable to controlled access highways in addition
to the "General Conditions" contained herein above. Controlled access State highways or portions thereof covered
by this section are those listed and/or graphically shown in Exhibit "133."
Page 5 of 8
State's Responsibilities (Controlled Access)
Maintain the traveled surface of the tluough lanes, ramps, and frontage roads and foundations beneath
such traveled surface necessary for the proper support of same under vehicular loads encountered,
2. Mow and clean up litter within the outermost curbs of the frontage roads or the entire right-of-way width
where no frontage roads exist, and assist in performing these operations between the right- of-way line and
the outermost curb or crown line of the frontage roads in undeveloped areas
3. Sweep and otherwise clean the through lanes, rarnps, separation structures, or roadways and frontage
roads.
4. Remove snow and control ice on the through lanes and ramps and assist in these operations as the
availability of equipment and labor will allow on the frontage roads and grade separation structures or
roadways.
5. Except as provided under "General Conditions" in paragraph 5, the State will install and maintain all
normal markings and signs, including sign operation if applicable, on the main lanes and frontage roads.
This includes school safety devices, school crosswalks, and crosswalks installed on frontage roads in
conjunction with pedestrian signal heads. It does not include other pedestrian crosswalks.
6. Install, operate, and maintain traffic signals at ramps and frontage road intersections unless covered by a
separate agreement.
7. Maintain all drainage facilities within the limits of the right- of-way and State drainage easements. This
does not relieve the City of its responsibility for drainage of the highway facility within its corporate
limits
City's Responsibilities (Controlled Access)
Prohibit, by ordinance or resolution and through enforcement, all parking on frontage roads except when
parallel parking on one side is approved by the State in writing. Prohibit all parking on main lanes and
ramps and at such other places where such restriction is necessary for satisfactory operation of traffic, by
passing and enforcing ordinances /resolutions and taking other appropriate action in addition to full
compliance with current laws on parking,
2. When considered necessary and desirable by both the City and the State, the City shall pass and enforce an
ordinance /resolution providing for one -way traffic on the frontage roads except as may be otherwise
agreed to by separate agreements with the State,
Page 6 of 8-
Secure or cause to be secured the approval of the State before any utility installation, repair, removal, or
adjustment is undertaken, crossing over or' under the highway facility or entering the right -of -way. In the
event of an emergency, it being evident that immediate action is necessary for protection of the public and
to minimize property damage and loss of investment, the City, without the necessity of approval by the
State, may at its own responsibility and risk make necessary emergency utility repairs, notifying the State
of this action as soon as practical..
4_ Pass necessary ordinances /resolutions and retain its responsibility for enforcing the control of access to the
expressway /freeway facility..
Install and maintain all parking restriction signs, pedestrian crosswalks (except as mentioned above in
paragraph S under "State's Responsibilities "), and parking stripes when agreed to by the State in writing.
Signing; and marking of intersecting city streets to State highways shall be the full responsibility of the City
(except as discussed under "General Conditions" in paragraph 5)
TERMINATION
All obligations of the State created herein to maintain and operate the State highways covered by this agreement
shall terminate if and when such highways cease to be officially on the State highway system; and further,
should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this
agreement upon 30 days written notice, Upon termination, all maintenance and operation duties on non-
controlled access State highways shall revert to City responsibilities, in accordance with Chapter 311 of the
Texas Transportation Code. The State shall retain all maintenance responsibilities on controlled access State
highways in accordance with the provisions of Chapter 203 of the Texas Transportation. Code, 23 United States
Code § 116 and the State's Interstate Maintenance Guidelines as approved by the Federal Highway Administration
in accordance with 23 CFR § 635, Subpart E,
Said State assumption of maintenance and operations shall be effective the date of execution of this agreement
by the Texas Department of Transportation.
Page 7 of 8
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City
of Southlalce on the day of 20_, and the
Texas Department of Transportation, on the day of , 20_
ATTEST:
CITY OF Southlalce
BY
(Title of Signing Official)
THE 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
IM
District Engineer
Fort Worth District
The Texas Department of Transportation maintains the information collected through this form With few
exceptions, you are entitled on request to be informed about the information that we collect about you. Under
Sections 552.021 and 552.023 of the Texas Government Code, you also are entitled to receive and review the
information.. Under Section 559.004 of the Government Code, you are also entitled to have us correct information
about you that is incorrect.. For inquiries call 512 - 416 - 3048,.
NOTE: To be executed in duplicate and supported by Municipal Maintenance Ordinance /Resolution and City
Secretary Certificate.
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