0164Form 1037
MUNICIPAL MAINTENANCE ORDIND2~CE NO . 164
· ZN ORDINANCE PROVIDING FOR IV~E MAINTenANCE OF CERTAIN STATE
HIGtlWAYS AND/OR FORTIONS OF STATE HIGHWAYS ~ ~E CI~ OF
......... ~ COUN~ OF
T~~REF~t~ TO AS ~NICIP~~M~ ' PROJ~D
AUTHOEIZ~]G ~E b~YOR OF ~E CI~ OR 0~ AU~ORIZ~ CI~ OFFIC~
TO ~UTE ~D AFFIX ~E CORPO~TE SF~ ~;D A~C~ST S~E. A C~TA~
AGREemenT BETWE~ ~{E CI~ ~D ~E STATE OF T~, PEOVID~G FOR
~E ~INT~CE ~D USE OF ~tE SAID ~NT~CE PROJ~T: ~D DE-
C~G ~ ~G~CY ~D PROVID~G ~T ~IS O~CE SHOU~ BE
~F~TIVE FROM ~D ~ ITS P~SAGE.
WHE~EAS~ the Public convenience, safety and necessity of the
City~ and the people of the City require that State Highway routes within the
City be adequately maintained; and
WHEREAS, the City has requested that the State of Texas, enter
upon and contribute financially to the maintenance of said project; and
~tEREAS, the State of Texas has made it known to the City
that it will, with its own forces and equipment and at its sole cost and expense,
enter upon and maintain said project, conditioned upon the provisions concerning
liabilities and responsibilities for maintenance, control~ supervision~ and
regulation which are set out in the form attached hereto, made a part hereof, and
'ked "MUNICIPAL M3tLNT~I~ANCE AGREt~iENT"; and
WHEREAS~ said project consists of those State Highways and/or
portions thereof which are described and included in the form attached hereto and
marked "MUNICIPAL MAINTENANCE AGREh~ENT."
NOW, %~ER>~ORE, BE IT ORDAIN~TO by the
C~ ty C.o,~nm~ 1 of Mmuthlake
SECTION 1. That the public convenience, safety and necessity of the City
and the people of the City require said project be adequately maintained.
S~TION Z. That the State of Texas be and ls hereby authorized to enter
upon and maintain said maintenance project.
SECTION 5. That the Mayor~ or proper City official, of the City, be and
is hereby authorized to execute for and on behalf of the City an agreement with
the State of Texas, in accordance with and for the purpose of carrying out the
terms and provisions of this order~ in the form attached hereto, made a part hereto~
and marked "MI/NICIPAL bIAINTENANCE AGRE~T." The City Secretary is hereby directed
to attest the a~reement and to affix the proper seal of the City thereto.
SECTION ~. The Mayor of the City, having requested in writing that this ordinance
take effect forthwith and there being in fact an emergency and imperative necessity
that the work herein provided for be begun and carried out promptly and with expedition
mhd that the agreement aforesaid shall be immediately made~ executed and delivered
the end that such work herein provided for may be begun and carried out promptly
~d with expedition. The reading of the ordinance on three several days is hereby
dispensed with and the same shall be in full force and effect from and after its
passa~eo
Fo~.~, 1038
(Revised 7-1-67)
MUNICIPAL MAINTENANCE AGREEMENT
STATE OF TEXAS ()
COUNTY OF TRAVIS ()
THIS AGREEMENT made this l~ day of July , 19 69 ,
by and between the State of Texas, hereinafter referred to as the "State",
party of the first part, and the City
County, Texas (population 1,063
and through its duly authorized officers,
party of the second part.
, 1960 Federal Census)
hereinafter called the
acting by
"City",
W I TNE S SE TH
WHEREAS, the City has requested the State to assist in the mainten-
ance of State Highway routes within such city; and
WHEREAS, the State Highway Engineer, acting for and in behalf of the
State Highway Commission, has made it known to the City that the State will
assist the City in the maintenance, control, supervision, and regulation of
State Highway routes within such city, conditioned that the City will enter
into agreements with the State for the purpose of determining the responsi-
bilities of the parties thereto:
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual
convenants and agreements of the parties hereto to be by them respectively
kep% and performed, it is agreed as follows:
-1-
Fo~m 1038
(Revised 7-1-67)
~overaqe
1.
3 o
This agreement is intended to cover and provide for State
participation in the maintenance of the following classifi-
cation of State Highway routes within the City:
ao
Non-Controlled Access routes or portions thereof which
are described and/or graphically shown as "State Main-
tained'' routes in Exhibit "A", which is attached hereto
and made a part hereof.
Bo
Ail State Highway routes or portions thereof which have
been designated by the Texas Highway Commission as Con-
trolled Access Highways and which are described and/or
graphically shown in Exhibit "B", which is attached
hereto and made a part hereof.
The City shall retain full responsibility for the mainten-
ance of those State Highway routes and portions thereof
which are listed and/or graphically shown in Exhibit "A"
and Exhibit "B" as "City Maintained" routes, except that
the State is hereby authorized by the City to erect and
maintain normal route markers and directional and desti-
nation signs thereon for direction of highway traffic.
In the event that the present system of State Highway
routes within the City is changed by cancellation, modified
routing, new routes, or change in the City's corporate
limits, the State shall terminate maintenance and this
agreement shall become null and void on that portion of
the routes which are no longer routes of a State Highway;
and the full effect and all conditions of this agreement
shall apply to the changed routes or new routes of the
State Highways within the City and shall be classified as
"State Maintained" under paragraph 1 above, unless the
execution of a new agreement on the changed portion of
the routes is requested by either the City or the State.
GENERAL CONDITIONS
The City hereby agrees and does hereby authorize the State to
maintain the State Highway routes covered by this agreement in
the manner set out herein.
-2-
FoI,, 1038
(Revised 7-1-67)
o
Be
This agreement shall supplement and existing agreements between
the State and the City for the maintenance or construction and
maintenance of the highways covered herein and this agreement
shall supersede such existing agreements only in respect to
points of conflict.
Traffic regulations including spegd limits, will be established
and fixed by agreement with the State afher traffic and engi-
neering surveys have been conducted.
It is mutually agreed that, subject to approval by the State,
any street lighting system may be installed by the City provided
the City shall pay all cost of installation, maintenance and
operation except in those installations specifically covered by
separate agreements between the City and ~tate.
It is understood and agreed that this agreement is for the
purpose of defining the authority and responsibility of both
parties for maintenance of highway routes through the City and
shall in no way be considered to cover any present or past obli-
gation either real or anticipated concerning such State Highway
routes through the City.
The City shall prohibit the movement of loads over State main-
tained streets which exceed the legal limits for either weight,
length, height or width, as prescribed in Vernon's Penal Code
827a for public highways outside corporate limits of cities,
except those having proper permits from the State for such
movements. The City shall also, by ordinance 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 street and/or for traffic safety.
The City shall prevent future encroachments within the right of
way of the highway routes and assist in removal of any present
encroachments when requested by the State except where specifi-
cally authorized by separate agreement; and prohibit the plant-
ing of trees or shrubbery or the creation or construction of
any other obstruction within the right of way without prior
agreement with the State.
The City agrees that traffic control devices, such as stop
and slow signs, traffic signal lights and other types of
devices for traffic control, in respect to type of device,
points of installation, and necessity will be fixed by agree-
-3-
Fo .... 1038
(Revised 7-1-67)
ment with the State after traffic and engineering surveys have
been made. The City agrees that it will not install or main-
tain or permit the installation or maintenance of any type of
traffic control device which will affect or influence the
utility of the State Highway routes without having obtained in
writing the prior approval of the State. Traffic control de-
vices 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
utility of the State Highway routes unless their continued use
is approved in writing by the ~tate. It is understood that
future traffic signal lights installed as a join~i project by
the City and State will be the subject of a separate agreement
outlining the responsibilities for installation and .naintenance.
The City agrees to continue its responsibility for proper con-
struction, maintenance and control of access driveway facilities
in accordance with "Regulations for Access Driveways to State
Highways" adopted by the Texas Highway Department or in accord-
ance with other standards and specifications for the design,
construction and maintenance details subject to approval by the
Texas Highway Department.
10.
It is understood that the use of unused right of way and areas
beneath structures for parking, will be the responsibility of
the City as determined by a separate agreement.
NON-CONTROLLED ACCESS HIGHWAYS
State's Responsibilities
Maintain the pavement, base and its support and maintain the
shoulders on those sections where there is no curb and gutter.
2 o
Install and maintain normal highway markings necessary for
directing highway traffic in a safe and efficient manner, which
shall include normal route markers, directional and destination
signs, center line, lane line and no-passing barrier line
s%ripes, and such other pavement markings considered necessary
for direction of traffic, except crosswalks. Any other traffic
striping desired by the City may be placed and maintained by
the City subject to the approval of the State.
-4-
Fo_. 1038
(Revised 7-1-67)
Assist the City in sweeping and otherwise cleaning the pavement,
in mowing and cleaning of litter; and in maintenance of roadway
ditches, on those sections of State Highway routes where and to
the extent that such duties are delineated on Exhibit "A".
4o
Assist in snow and ice control as availability of labor and
equipment will allow.
City's Responsibilities
Prohibit angle parking, except upon written approval by the
State after traffic and engineering surveys have been conducted
to determine that the roadway is of sufficient width to permit
angle parking without interfering with the free movement of
traffic.
Require installations, repairs, removals or adjustments of
publicly or privately owned utilities or services to be per-
formed in accordance with State Highway Department specifi-
cations and subject to approval of the State.
Retain all functions and responsibilities for maintenance,
control, supervision, and regulation which are not specifi-
cally described as the responsibility of the State. The
assistance by the State in maintenance of roadway ditches
does not relieve the City of its responsibility for drainage
of the highway facility within its corporate limits except
where participation by the State other than above is speci-
fically covered in a separate agreement between the City and
the State.
-5-
F .... ~ 1038
(Revised 7-1-67)
CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall be applicable
to controlled access highways in addition to the "General Conditions" con-
tained herein above. Routes of controlled access highways or portions
thereof covered by this section are those listed and/or graphically shown
in Exhibit "B".
State's Duties
Maintain the travelled surface of the through lanes, ramps and
frontage roads and those things beneath such travelled surface
necessary for the proper support of same under vehicular loads
encountered.
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.
Sweep and otherwise clean the through lanes, ramps, separation
structures or roadways, and frontage roads.
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 separation structures
or roadways.
Erect and maintain all normal markings and signs necessary for
the proper use of the facility and direction of traffic thereon.
Maintain all drainage facilities within the limits of the right
of way.
City's Duties
Restrict parking on frontage roads to parallel parking on one
side only and 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 and taking other appropriate action in addition to
full compliance with current laws on parking.
-5a-
Fc 1038
(Revised 7-1-67)
3 o
Pass and enforce an ordinance providing for one way traffic on
the frontage roads except as may be otherwise agreed to by separ-
ate agreements with the State.
Secure or cause to be secured the approval of the State before
any utility installation, repair, removal or adjustment is under-
taken, 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 practicable.
Pass necessary ordinances and retain its responsibility for en-
forcing the control of access to the Freeway facility.
-5b-
69, Tr 10
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STATE ~ iAINTAI~ED
A.
"EXHIBIT A"
NON COI~TROLLED ACCESS HIGt~VAYS
STATE IIIGTWYAY 11l~; From Northwest City Limits to Southeast City
Limits (Assist in sweeping and otherwise cleaning the pavement,
in moiling and clear~ng of litter, and in maintenance of roadway
ditches).
F~M TO I~d~KET 170~: From West City Limits to STATE HIGt~Y
(Assist in sweeping and otherwise cleaning the pavement~ in mow-
ing and cleaning of litter, and in maintenance of roadway ditches).
II. CITY MAINTAI}~ED: None
"'EXHIBIT B"
CONTROLLED ACCESS HIG~AYS
I. STATE I,[&Ii,YfAI~rED: None
II. CITY ~&I]1TAINED: None
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