HomeMy WebLinkAboutOrd 108 Providing for maintenance of certain state highwaysForm 1037-1
MUNICIPAL MAINTENANCE ORDINANCE / 0 J`
AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE
HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF
4iESTIAKE , COUNTY OF DEN` ON & TAIUTA ,
TEXAS, HEREBY REFERRED TO AS MUNICIPAL MAINTENANCE PROJECT AND
AUTHORIZING THE MAYOR OF THE CITY OR OTHER AUTHORIZED CITY OFFICIAL,
TO EXECUTE AND AFFIX THE CORPORATE SEAL AND ATTEST SAME. A CERTAIN
AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS,. PROVIDING FOR
THE MAINTENANCE AND USE OF THE SAID MAINTENANCE PROJECT: AND DE-
CLARING AN FMFMGIMCY AND PROVIDING THAT THIS ORDINANCE SHOULD BE
EFFECTIVE FROM AND AFTER ITS PASSAGE.
WHEREAS, 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
WHEREAS, 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
marked "MUNICIPAL MAINTENANCE AGREEMENT"; 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 AGREEMENT."
NOW, THEREFORE, BE IT ORDAINED by the
CITY OE' 'ES'�TAK
SECTION 1. That the public convenience, safety and necessity of the City
and the .people of the City require said project be adequately maintained.
SECTION 2. That the State of Texas be and is hereby authorized to enter
upon and maintain said maintenance project.
SECTION 3. 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 "MUNICIPAL MAINTENANCE AGREEMENT." The City Secretary is hereby directed
to attest the agreement and to affix the proper seal of the City thereto.
SECTION I. 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
and that the agreement aforesaid shall be immediately made, executed and delivered
to the end that such work herein provided for may be begun and carried out promptly
and 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
passage.
,STATE OF TEXAS
COUNTY OF DENTON & TARRANT 0
qualified and acting city secretary of the City of WESTL.AKE
Form 1037-2
, the duly appointed,
Texas, hereby certify that the foregoing pages constitute a true and correct
copy of an ordinance duly passed by the City Council at a meeting held on
lei , A.D., 19 78 , at 0 o°Clock %0 M.
To certify which, witness my hand and seal of the City of WESTIAKE
TEXAS, this due day of , 19 78 , at
WESTLAKE Texas.
,7/� �Z' '// ,
City Secretar of the City of
WESTIAXE Texas
STATE OF TEXAS X.
COUNTY OF TRAVIS I
MUNICIPAL MAINTENANCE AGREEMENT
THIS AGREEMENT made this <D day ofee,�, 19 78 ,
by and between the State of Texas, hereinafter referred to as the
"State", party of the first part, and the City of WESTIAM ,
DENTON & TARiZANT County, Texas (population 129 �, 19 70
Federal Census) acting by and through its duly authorized officers,
hereinafter called the "City", party of the second parte
Form 1038
(Revised 2/77)
W I T N E S S E T H
WHEREAS, the City has requested the State to assist in the mainte-
nance of State Highway routes within such city; and
WHEREAS, the Engineer -Director, acting for and in behalf of the
State Highway and Public Transportation 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 responsibilities of the
parties thereto:
A G R E E M E N T
NOW, THEREFORE, in consideration of the premises and of the mutual
convenants and agreements of the parties hereto to be by them respect-
ively kept and performed, it is agreed as follows:
Coverage
1, This agreement is intended to cover and provide for State partici-
pation in the maintenance of the fallowing classification of State
Highway routes within the City:
-1-
Form luj6
(Revised 2/77)
1. A. Non -Controlled Access routes or portions thereof which are de-
scribed and/or graphically shown as "State Maintained" routes
in Exhibit "A", which is attached hereto and made a part
hereof.
B. All State Highway routes or portions thereof which have been
designated by the State Highway and Public Transportation Com-
mission 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. The City shall retain full responsibility for the maintenance 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 direction-
al and destination signs thereon for direction of highway traffic.
3. In the event that the present system of State Highway routes with-
in 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 of the State.
GENERAL CONDITIONS
1. 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. This agreement shall supplement any special agreements between the
State and the City for the maintenance and/or construction of the
highways covered herein and this agreement shall supersede any ex-
isting Municipal Maintenance Agreements.
3. Traffic regulations including speed limits, will be established
and fixed by agreement with the State after traffic and engineer-
ing surveys have been conducted.
4. 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 State.
-2-
Form 1038
(Revised 2/77)
5. 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 obligation either real
or anticipated concerning such State Highway routes through the
City.
6. The City shall prohibit the movement of loads over State maintain-
ed streets which exceed the legal limits for either weight,
length, height or width, as prescribed by State law 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.
7. The City shall prevent future encroachments within the right of
way of the highway routes and assist in removal of any present en-
croachments 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 agreement with
the State.
8. The City agrees that traffic control devices, such as signs, traf-
fic signals and pavement markings, in respect to type of device,
points of installation, and necessity will be fixed by agreement
with the State after traffic and engineering surveys have been
made. The City agrees that it will not install or maintain or
permit the installation or maintenance of any type of traffic con-
trol 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 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 utility of the State Highway routes
unless their continued use is approved in writing by the State.
It is understood that future traffic control devices installed as
a joint project by the City and State will be the subject of a
separate agreement outlining the responsibilities for installation
and maintenance.
9. The City agrees to assure the grantee's conformance, for proper
construction and maintenance of access driveway facilities, in ac-
cordance with "Regulations for Access Driveways to State Highways"
adopted by the State Department of Highways and Public Transporta-
tion or in accordance with other standards and specifications for
the design, construction and maintenance details subject to ap-
proval by the State Department of Highways and Public Transporta-
tion.
-3-
Form 1038
(Revised 2-77)
10. It is understood that the use of unused right of way and areas be-
neath structures will be as determined by a separate agreement®
11. On those State highway routes and portions thereof which are list-
ed and/or graphically shown on Exhibit "A" and Exhibit "B" as
"City Maintained" routes, the City agrees to perform biennial in-
spections of all bridges and bridge classified culverts not later
than July 1 of each even numbered year, and to provide inspection
and inventory data to the State; all in accordance with National
Bridge Inspection Standards.
NON -CONTROLLED ACCESS HIGHWAYS
State's Responsibilities
1. Maintain the pavement, base and its support and maintain the
shoulders on those sections where there is no curb and gutter.
2. Install and maintain normal highway markings necessary for direct-
ing highway traffic in a safe and efficient manner, which shall
include normal route markers, directional and destination signs,
city limit signs, school safety devices including school cross-
walks (in cities under 15,000 population only), center line, lane
line and no -passing barrier line stripes, and such other pavement
markings considered necessary for direction of traffic, except pe-
destrian crosswalks. Any ether traffic striping desired by the
City may be placed and maintained by the City subject to the ap-
proval of the State.
3. Assist the City in sweeping and otherwise cleaning the pavement,
in mowing and cleaning of litter; and in maintenance of roadway
ditches, on these sections of State Highway routes where and to
the extent that such duties are delineated on Exhibit "A".
4. Assist in snow and ice control as availability of labor and equip-
ment will allow.
City's Responsibilities
1. Prohibit angle parking, except upon written approval by the State
after traffic and engineering surveys have been conducted to de-
termine that the roadway is of sufficient width to permit angle
parking without interfering with the free movement of traffic.
2. Install and maintain all parking restriction signs, school safety
devices including school crosswalks (in cities over 15,000 popula-
tion only), pedestrian crosswalks, parking stripes and special
guide signs when agreed to by the State. Signing and marking of
-4-
Form 1035
(Revised 2-77)
intersecting city streets to State Highway routes will be the full
responsibility of the City.
3. Require installations, repairs, removals or adjustments of public-
ly or privately owned utilities or services to be performed in ac-
cordance with State Department of Highways and Public Transporta-
tion specifications and subject to approval of the State.
4. Retain all functions and responsibilities for maintenance, con-
trol, supervision, and regulation which are not specifically de-
scribed 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 specifically covered in a separate agreement between
the City and the State.
-5-
Form 1038
(Revised 2-77)
CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall be appli-
cable to controlled access highways in addition to the "General Condi-
tions" contained herein above. Routes of controlled access highways or
portions thereof covered by this section are those listed and/or graph-
ically shown in Exhibit "B".
State's Duties
1. Maintain the traveled surface of the through lanes, ramps and
frontage roads and those things beneath such traveled surface nec-
essary for the proper support of same under vehicular loads en-
countered.
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 ex-
ist, 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 as-
sist in these operations as the availability of equipment and la-
bor will allow on the frontage roads and separation structures or
roadways.
5. Erect and maintain all normal markings and signs necessary for the
proper use of the facility and direction of traffic thereon.
6. Maintain all drainage facilities within the limits of the right of
way.
City's Duties
1. 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 tak-
ing 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 providing for
one-way traffic on the frontage roads except as may be otherwise
agreed to by separate agreements with the State.
-5a-
Form 1038
(Revised 2--77)
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 imme-
diate action is necessary for protection of the public and to min-
imize property damage and loss of investment, the City, without
the necessity of approval by the State, may at its own responsibi-
lity and risk make necessary emergency utility repairs, notifying
the State of this action as soon as practicable.
4. Pass necessary ordinances and retain its responsibility for en-
forcing the control of access to the Freeway facility.
-5b--
Form 1038
(Revised 2-77)
Termination
1. it is understood and agreed between the parties hereto that all
obligation of the State created herein to maintain the State High-
way routes covered by this agreement shall terminate if and when
they are no longer routes of State Highways; and further, that
should either party fail to properly.fulfill its obligations as
herein outlined, the other party may terminate this agreement upon
thirty days written notice.
Said State assumption of maintenance shall be effective the date of ex-
ecution of this agreement by the State Department of Highways and Pub-
lic Transportation.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures,
the City of
on the- = Q___-aay
19 78 , and the State Department of Highways and
r�
on theday of ,' C� _ _+ 19 7S
ATTEST:
CXrY SEC ETAU
APPROVAL RECOMMENDED:
=district Engineer, bistrict Ia
ngineer of Ma ntenance
of r
Public Transportation
CITY OF iMSTT A'tt'F
BY
1V AY0'
(Title of Signing Official)
STATE OF TEXAS
Certified as being executed for
the purpose and effect of acti-
vating and/or carrying out the
orders, established policies,
or work programs heretofore ap-
proved and a horized i�hays the
State Depa f
and P ran .
BY
epgEnginee-i�- of Maintenance
Operations
AUTHORIT'-�' i -0l E'CECUTiON IS AiCOh1F1_15Ht-D UNDER
MINUTE ORDER NO. 30104.
Note: To be executed in triplicate and supported by Municipal Mainte-
nance Ordinance and Certificate of City Secretary.
EXHIBIT "A"
NON CONTROLLED ACCESS HIGHWAY
I. STATE MAINTAINED
A. STATE HIGHWAY 114: From the West City Limits to the Dallas/Tarrant
County Line (base, surface, assist in sweeping,
mowing, cleaning litter and in maintenance of
roadway ditches).
B. FARM TO MARKET 1171: From the West City Limits to the East City
Limits (base, surface, assist in sweeping,
mowing, cleaning litter and in maintet:,:ance
of roadway ditches).
II. CITY MAINTAINED None
EXHIBIT "B"
CONTROLLED ACCESS HIGHWAY
I. STATE MAINTAINED None
II. CITY MAINTAINED None
or 0
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COMMISSION STATE DEPARTMENT OF HIGHWAYS
REAGAN HOUSTON. CHAIRMAN AND PUBLIC TRANSPORTATION
DEWITT C. GREER P 0• Dox 3067
CHARLES E- SIMONS Dallas, Texas, 75221
October 18, 1978
MAINTENANCE AGREEMENT
TOWN OF WESTLAKE
Honorable Dale L. White
Mayor, Town of Westlake
P.O. Box 27
Roanoke, TX 76262
Dear Mayor White:
ENGINEER -DIRECTOR.
R, L DEBERRY
Enclosed is one fully executed copy of the Municipal Maintenance Agreement
and Ordinance covering all highway routes in the Town of Westlake.
This is an important document in that it outlines the respective mainte-
nance responsibilities of the State and the Town, of Westlake.
Yours very truly,
'.�
John G. Keller
District. Engineer
Enclosure