HomeMy WebLinkAboutRes 08-48 Authorizing and Amending the Municipal Maintenance AgreementTOWN OF WESTLAKE
RESOLUTION NO. 08-48
AUTHORIZING THE EXECUTION OF A MUNICIPAL MAINTENANCE
AGREEMENT AND AN AMENDMENT TO THE MUNICIPAL MAINTENANCE
AGREEMENT FOR THE FURNISHNG, INSTALLING, OPERATION AND
MAINTENANCE OF CAMERAS ON STATE HIGHWAY RIGHTS-OF-WAY TO
MONITOR COMPLIANCE WITH TRAFFIC -CONTROL SIGNALS
WHEREAS, the Board of Aldermen having passed an resolution for the installation of
cameras on State Highways for the purpose of monitoring compliance with traffic -control signals
and the enforcement of State Laws pertaining to such highways; and
WHEREAS, the Board of Aldermen finds that the procedures and requirements set
forth by the Texas Department of Transportation for the maintenance of said State Highways
located within the Town limits requires the approval of a Municipal Maintenance Agreement;
and
WHEREAS, the Board of Aldermen finds that the Texas Department of Transportation
requires an amendment to the Municipal Maintenance Agreement for the Furnishing,
Installation, Operation and Maintenance of Cameras on State Highway Rights -of -Way to
Monitor Compliance with Traffic -control Signals; and
WHEREAS, the approval of said agreements is in the best interest of the Town and
public safety
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN TO THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1. The above findings are hereby found to be true and correct and are
incorporated herein in the entirety.
SECTION 2. The Board of Aldermen of the Town of Westlake, Texas, hereby approves
the "Municipal Maintenance Agreement" and the "Amendment to the Municipal Maintenance
Agreement for the Furnishing, Installation, Operation and Maintenance of Cameras on State
Highway Rights -of -Way to Monitor Compliance with Traffic -control Signals" executed between
the Texas Department of Transportation on behalf of the Town of Westlake, Texas. Said
agreements are as shown in Exhibit A.
PASSED AND APPROVED ON THIS 28`x' DAY OF JULY 2008.
ATTEST:
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Sutter, Town Secretary
Laura eat, Mayor
homas Brymer T (fage
HM. NO. 08-48
THE STATE OF TEXAS
THE COUNTY OF TRAVIS §
AMENDMENT TO MUNICIPAL MAINTENANCE AGREEMENT FOR THE
FURNISHING, INSTALLING, OPERATION AND MAINTENANCE
OF CAMERAS ON STATE HIGHWAY RIGHTS-OF-WAY TO MONITOR
COMPLIANCE WITH TRAFFIC -CONTROL SIGNALS
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, hereinafter called the "State", and the City of Westlake,
hereinafter called the "City", acting by and through its duly authorized officers.
WITNESSETH
WHEREAS, the State owns and maintains a system of highways and roadways in the City of
Westlake pursuant to Transportation Code, Section 201.103; and
WH
AS, the State and the City executed a Municipal Maintenance Agreement on
20 ; and
WHEREAS, the City has requested permission to install cameras on state highway rights-of-way to
monitor compliance with traffic -control signals, hereinafter referred to as "camera monitoring
equipment", at the locations listed on Exhibit A attached hereto and made a part of hereof; and
WHEREAS, the State has determined that when the City's installation of camera monitoring
equipment will not damage the highway facility, impair safety, impede maintenance, or in any way
restrict the operation of the highway, the proposed camera monitoring equipment may be installed
by the City or its contractor;
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:
AMENDMENT
ARTICLE 1. CONTRACT PERIOD
This amendment becomes effective on final execution by the State and shall remain in effect as
long as said camera monitoring equipment is in operation at the described locations.
ARTICLE 2. TERMINATION
This amendment may be terminated by one of the following conditions:
1) By mutual agreement of both parties;
2) By the State giving written notice to the City as consequence of failure by the City or its
contractor to satisfactorily perform the services and obligations set forth in this amendment,
with proper allowances being made for circumstances beyond the control of the City or its
contractor. The State's written notice to the City shall describe the default and the
proposed termination date. If the City cures the default before the proposed termination
date, the proposed termination is ineffective; or
MMA Amendment Page 1 of 4 August 24, 2006
3) By either party upon thirty (30) days written notice to the other.
Termination of this amendment shall not serve to terminate the underlying Municipal Maintenance
Agreement between the State and the City.
ARTICLE 3. COMPENSATION
No compensation shall be paid for this amendment.
ARTICLE 4. PERSONNEL, EQUIPMENT, AND MATERIAL
A. The City will use labor and supervisory personnel employed directly by the City or its
contractor, and use City owned or contractor owned machinery, equipment, and vehicles
necessary for the work. In the event that the City or its contractor does not have the machinery,
equipment, and vehicles necessary to perform the work, the machinery, equipment, and
vehicles may be rented or leased as necessary.
B. No reimbursement shall be paid for any materials supplied by the City or its contractor.
C. Any adjustment, replacement, or reinstallation of the camera monitoring equipment due to
reconstruction or alteration of the intersection shall be performed by the City at the City's
expense. The State will work with the City to provide adequate notice of any planned work to
allow for the necessary modification or removal.
D. All installation or maintenance work performed by the City or its contractor requiring traffic
control shall be performed in accordance with the Texas Manual on Uniform Traffic Control
Devices.
ARTICLE 5. INSPECTION OF WORK
A. The City or its contractor will furnish the State a complete set of design drawings and
installation plans for review. The installation plans shall include all electrical, electronics,
signing, civil and mechanical work pertaining to the camera monitoring equipment.
B. The State reserves the right to inspect and request modification of any camera monitoring
equipment under this agreement both prior to and after installation. No installation may occur
until the State has approved the proposed installation.
C. The State reserves the right to inspect and approve the completed installation.
D. The State will promptly notify the City or its contractor of any failure of materials, equipment, or
installation methods, and the City or its contractor will take such measures necessary to obtain
acceptable systems components and installation procedures without delay.
ARTICLE 6. RESPONSIBILITIES OF THE PARTIES
The parties agree that neither party is an agent, servant, or employee of the other party and each
party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its
contractors, employees, representatives, and agents. The State shall not be held responsible for
the operation (or non -operation) of the camera monitoring equipment or for any effect it may have.
The City is responsible for any damage that may occur to state equipment during the installation,
maintenance or operation of the camera monitoring equipment. The City is responsible for
maintaining the camera monitoring equipment and related signing in good working order and
keeping such equipment free from graffiti.
ARTICLE 7. DE -ACTIVATION OF CAMERA MONITORING EQUIPMENT
The State reserves the right to disconnect and remove camera monitoring equipment from the
traffic signals should any problem arise affecting the State. The State will notify the appropriate
MMA Amendment Page 2 of 4 August 24, 2006
City office of the de -activation of the camera monitoring equipment. Upon correction of the
problem, the City may reconnect the camera monitoring equipment.
ARTICLE 8. INSTALLATION REQUIREMENTS
The City or its contractor shall furnish and install all equipment related to the camera monitoring
equipment installation. This includes, but is not limited to, camera equipment, camera housing
and supporting structure, intersection lighting, vehicle detection system, communications
equipment, electrical service and connections, roadway signing, and any interconnection with the
signal. The City or its contractor will be responsible for all power costs associated with the
operation of the camera monitoring equipment.
Electrical connections made to the State's signal equipment shall be optically or otherwise isolated
as approved by the State and shall not affect the operation of any component of the traffic signal
system including both the signal controller and the conflict monitor/malfunction management unit.
ARTICLE 9. REPORTS
Upon written request, the City will be required to supply the State with data related to the operation
of the camera monitoring equipment.
ARTICLE 10. REMEDIES
Violation or breach of contract terms by the City shall be grounds for termination of the
amendment, and any increased cost arising from the City default, breach of contract, or violation
of terms shall be paid for by the City. This amendment shall not be considered as specifying the
exclusive remedy for default, but all remedies existing at law and in equity may be availed of by
either party and shall be cumulative.
ARTICLE 11. INSURANCE
Before beginning work, the entity performing the work shall provide the State with a fully executed
copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the
amounts and types specified on the Certificate of Insurance for all persons and entities working on
State right of way. This coverage shall be maintained until all work on the State right of way is
complete, If coverage is not maintained, all work on State right of way shall cease immediately.
ARTICLE 12. SUCCESSORS AND ASSIGNS
The City shall not assign or otherwise transfer its rights or obligations under this amendment
except with the prior written consent of the State.
ARTICLE 13. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provision thereof and this amendment shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein.
MMA Amendment Page 3 of 4 August 24, 2006
ARTICLE 14. NOTICES
All notices to either party by the other required under this amendment shall be delivered personally
or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following
t.bL--LAIVG AUUIG00U0.
City:
Westlake
Attn: Dc)P/ W IL.50,61
3 Village Circle, Suite 202
Westlake, TX 76262
State:
Texas Department of Transportation
Attn: District Engineer
P.O. Box 133067
Dallas, TX 75313-3067
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided herein. Either party hereto may change the above address by sending written
notice of such change to the other in the manner provided herein.
ARTICLE 15. GOVERNING LAWS AND VENUE
This amendment shall be construed under and in accordance with the laws of the State of Texas.
Any legal actions regarding the parties' obligations under this agreement must be filed in Travis
County, Texas.
ARTICLE 16. PRIOR AGREEMENTS SUPERSEDED
This amendment constitutes the sole and only agreement of the parties hereto and supersedes
any prior understandings or written or oral agreements between the parties respecting within the
subject matter.
ARTICLE 17. REVISIONS TO EXHIBIT A
Revision to the locations listed in Exhibit A may be made if submitted in writing by the City and
initialed by both parties.
IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of this
agreement.
THE CITY OF WESTLAKE
Executed on behalf of the City by:
By Date �,-30 ,e _
Typed or Printed Name and Title d7�'IGS r
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for
the purpose and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approveo W authorized by the Texas Transportation Commission.
B-►
y � � Date f
District Engineer
MMA Amendment -Page 4 of 4 August 24, 2006
EXHIBIT A
US 377 at SH 170
SH 114 at Trophy Lake
MMA Amendment Exhibit A August 24, 2006
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Form 1038
Rev. 212004)
Teras MUNICIPAL MAINTENANCE AGREEMENT
Department
of Transpartation
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT made this ! day of 1 , 2008,
by and between the State of Texas, hereinafter referred to ad the "State," party of the first part,
and the City of Westlake , Denton County, Texas (population 207 12000,
latest Federal Census) acting by and through its duly authorized officers, hereinafter called the
"City," party of the second pari.
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 221.002 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 Highway System.
Page 1 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.
2. 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 full 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.
3. 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
1. 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
5. 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 Traffic 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 Fighting 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 encroachments 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.
9. 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 items shall comply
with current ADA standards. The city is responsible for the maintenance of these items.
Page 3of8
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 Plan, the State's
"Regulations for Access Driveways to State Highways" and the State's Access
Management Manual. If the 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 Pian, 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)
1. 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.
2. Assist in mowing and litter pickup to supplement City resources when requested by the
City and if State resources are available.
3. Assist in sweeping and otherwise cleaning the pavement to supplement City resources
when requested by the City and if 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.
5. Maintain 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 State
highway facility within its corporate limits.
6. Install, 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 4of8
7. Install, operate, and maintain traffic signals in cities with less than 50,000 population.
8. 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.
2. Install and maintain all parking restriction signs, pedestrian crosswalks [except as
provided in paragraph 5 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.
3. 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).
4. 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.
5. 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.
6. 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.
7. Perform mowing 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
Page 5 of 8
State highways or portions thereof covered by this section are those listed and/or graphically
shown in Exhibit "B.°
State's Responsibilities (Controlled Access)
1. Maintain the traveled surface of the through 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, ramps, 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)
1. 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
3. 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.
5. Install and maintain all parking restriction signs, pedestrian crosswalks (except as
mentioned above in paragraph 5 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}.
194N1hll►/_110to] k4i
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
of I'Ve-sho k.' , on the 9 9 day of a -t 2008, and the
Texas Department of Transportation, on the `' day of ,
tee._
2008.
ATT.`
CITY OF
BY
(Title o Si ing icial)
-ropvAl ;6(axage r
T WN 0i
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
BY
District Engineer
Dallas 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.
Page 8 of 8
EXHIBIT "A"
NON CONTROLLED ACCESS HIGHWAY
I. STATE MAINTAINED
A. S. H. 170
From the Southwest City Limits to the Southeast City Limits
(base, surface, assist in sweeping, mowing, cleaning litter
and in maintenance of roadway ditches).
B. U.S. 377
From the Northern City Limits to the Southern City Limits
(base, surface, assist in sweeping, mowing, cleaning litter
and in maintenance of roadway ditches).
II. CITY MAINTAINED
EXHIBIT "B"
CONTROLLED ACCESS HIGHWAY
III. STATE MAINTAINED
A. S.H. 114
From the West City Limits to the Southeast City Limits (base,
surface, assist in sweeping, mowing, cleaning litter and in
maintenance of roadway ditches).
IV. CITY MAINTAINED
None