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08-87-Ordinance-Municipal Maintenance Ordinance of State Highways-08/17/1987:. ORD 08-87 Form 1037-1 CITY SECRETARY MUNICIPAL MAINTENANCE ORDINANCE ORIGINAL COPY AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF SANGER , COUNTY OF DENTON , 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 EMERG1]NCY AND PROVIDING THAT THIS ORDINANCE SHOULD BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, the Public convenience, saf ety 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, tyre 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." 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 4. 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. ', Form 1037-2 ' Ci7Y E F ETA'RY C kGINAL COPY STATE OF TEXAS I, Rosalie Sheffield , the duly appointed, qualified and acting city secretary of the City of s 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 August 17, , A.D., 19 $7 , at 7:00 o'clock P. M. To certify which, witness my hand and seal of the City of Satigex' TEXAS, this due 17 th day of August , 19 $ 7, at City Secretary of the C% of 5 n r Texas Form 1038 CITY SECRETARY (Revised 2/77) ORIGINAL COPY MUNICIPAL MAINTENANCE AGREEMENT STATE OF TEXAS X COUNTY OF TRAVIS X THIS AGREEMENT made this 17thday of August , 19 87 , bI and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of Sanger ► Denton County, Texas (population 2574 , 19 PO , Federal Census acting by and through its duly authorized officers, hereinafter called the "City", party of the second part. 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 MEN 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 following classification of State Highway routes within the City: -1- 1. A. Non -Controlled scribed and/or in Exhibit "A" hereof. Form 1038 (Revised 2/77) Access routes or portions thereof which are de - graphically shown as "State Maintained" routes which is attached hereto and made a part 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 GIr SECRETARY (Revised 2/77) € RIGINAL COPY 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 other 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 %a 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". 4. Assist in snow and ice control as availability of labor and equip- ment will allow. it Is 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 Cin 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 1038 (Revised 2-77) intersecting city streets to State Highway routes will be the full responsib�.lity 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) 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- ;. � , The attached Exhibits) nAii , which consists of route chances on Loop 138 , is the amendment to the unicipal Maintenance Agreement dated December 21, �.979 IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the City of Saner on the 17,E-h day of August , 19 87, and the State Department of Highways and Public Transportation on the 17th day of August 19 87. ATTF�ST: � `- CITY OF BANGER APPROVAL RECOMMENDED: for District Engineer, District 18 Engineer of Maintenance, D-18M BY �� `� (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 program hretofore approved and authorized by the State Department�of Highways and Public Transportation. BY: Chief Engineer of Safety and Maintenance Operations AN AMENDMENT TO THE MUNICIPAL MAINTENANCE AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY OF SANGER The Municipal Maintenance Agreement between the State of Texas and the City of Sanger, Denton County, Texas, dated December 21, 1979, is hereby amended as follows: EXHIBIT "A" NON CONTROLLED ACCESS HIGHWAY I. STATE MAINTAINED C. FARM TO MARKET 455: From the intersection of Loop 138 in Sanger over Bolivar Road to the East City Limits. (Base, surface, assist in sweeping, mowing, cleaning litter and in maintenance of roadway ditches). CITY SECRETARY" 0,. K E ORIGINAL COPY •r•I�: 4c�/ I / 0 U N 7 y A GDuck IN ttt= -aJ II o did p 97.OG - - - do35rtold 'a or ` 11 Tr son 2 l / ! 1 Union HIMjo i i 1450 1 °j I \ _ iclrriew A q p 1 66 • •SS odd OAS rr I Ivil D CLIVAR ! JJJ 455 OIL FIELD rvrd1�itj 1S3� J 17 Add At I 4 S .Or "�Mun O�ANE II H. _ .. �WT Fto a ti ilaircr 4' ,, 1 tond �I !, ! -�� if .._��t •F: I iat.c::> ..— is 13OLIVAR tolls ' I- </ e, d SANGER y Davis I(6�j./ L�I POP 1.603 1� •s.y":,c»,.r // D (4 ' .Ir 1 5 9 1 Creek I I to \� + + Grpotdlde Add - IS J axT_�—•. ( t S — P !.. / " ' has 2 7 rd J 4.3 jet I P 1 y�R Mq scLn v 1 tiy I I Nl is 1 I I /• r p •1 ;1 told ,rZ �-,•- , F! ,=ram-��� / O N ifG �o'ofn �:Ai o'. I(`I �— s� ,__'_'F�-i;' L I�. V c_ N u r �''—Q kaun' 1�, , F . . POP Aye ,_/ 1'� ` I ;, o r `�N r I _ ? Exhibit A•• o::, r to It -��-, t Non Controlled Access Highways I �0 r CROSS ��� i l\//,�� 'date Maintained .. ROAnS Ir °�*P�'�'y rAP 11 1 J POP 20C '.i.fl ( I ' (Base, Surface, Assist in Sweeping `- -=- --s ! g, Craning L.it_ter, And in Maintenance of Roadway Ditches.) _ i \r - City Maintained --- NONE l(_-1 rill {/LIRPORT....-1 t\ r�+ IrJ 11 I 1 1J \'Illy 1 11 ^ I\� r 1 �• t r^ \ J 7 PAS i `r i44 re I+k [[L ° r_6 job , I mrot ac 1r \P,1 `7/ es L lit ftdm� Ali tkil 71q ':rn ,� - \ , �;..44 \.e,4' \ NOT mIt Alt j �., ,� n nl i %�j-����—� t (� 4 �1 ��\,�. a �• �• r r n a.r r a-ta r.m&,.iilrL r.. n..r.,1 r / \ ell i ABU e�urtl.ia:{r�rc-ru / r�Yr" - i �,// - li r 2 B�,/r ^y�l,\� rr\tY� I I f r i ,i ! 11 f C. Iv t �yn7Y :11 RFe; 1 r"' N And .. not ..d.a mot v ( 0 ' \\ +` • rr eP •r .4t i. 1 ) ��; FORM 1038 (Revised 2/86) e MUNICIPAL MAINTENANCE AGREEMENT • STATE OF TEXAS * �`iY I IN �Y ' COUNTY OF TRAVIS THIS AGREEMENT made this /�� day of_ ������')'?�� ® 19�_, by and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of Sanger , Denton County, Texas (population 2574 19 80 , Federal Census) acting by and through its duly authorized officers, hereinafter called the "City", party of the second part. W I T N E S S E T H WHEREAS, the City has requested the State to assist in the main- tenance 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 mutu- al covenants and agreements of the parties hereto to be by them re- spectively kept and performed, it is agreed as follows: Coverage 1. This agreement is intended to cover and provide for State parti- cipation in the maintenance of the following classification of State Highway routes within the City: 1 of 7 Non-Cont�tolled Access routes described and/or graphically routes in Exhibit "A", which part hereof. FORM 1038 (Revised ?./86) or portions thereof which are shown as "State Maintained" is attached hereto and made a B. All State Highway routes or portions thereof which have been designated by the State Highway and Public Transportation Commission as Controlled Access Highways and which 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 direc- tional and destination signs thereon for direction of highway traffic. 3. 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 11State 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 1. The City hereby agrees and does hereby authorize maintain the State Highway routes covered by this the manner set out herein. 2. This agreement shall th'e State and the City the highways covered any existing Municipal the State to agreement in supplement any special agreements between for the maintenance and/or construction of herein and this agreement shall supersede 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 street lightin City shall pay tion except in rate agreements agreed that, subject to approval by the State, any g system may be installed by the City provided the all cost of installation, maintenance and opera - those installations specifically covered by sepa- between the City and State. 2 of 7 FORM 1038 CITY SECRETARY (Revised 2/86) ORIGINAL COPY 5e It is understood and agreed %that this agreement is for the pur- pose 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 ei- ther real or anticipated concerning such State Highway routes through the City. 6. 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 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 encroachments when requested by the State except where specifi- cally 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. S. The City agrees that traffic control devices, such as signs, traffic signals and pavement markings, in respect to type of de- vice, 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, main- tain or permit the installation 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 ap- proval 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 de- vices 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 in- stalled as a joint project by the City and State will be the sub- ject 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 accordance with "Regulations for Access Driveways to State High- ways" adopted by the State Department of Highways and Public Transportation or in accordance with other standards and specifi- cations for the design, construction and maintenance details sub- ject to approval by the State Department of Highways and Public Transportation. 3 of 7 FORM 1038 (Revised 2/86) 10. It is understood that the use of 'unused right-of-way and areas ,beneath structures .will be as determined by a separate agreement. 11. On those State Highway routes and portions thereof which are listed 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 direc- ting 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 pedestrian crosswalks. Any other 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 ditehes, on those 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 equipment will allow. Cit�!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 popu- lation on1yD, pedestrian crosswalks, parking stripes and special 4 of 7 ak,<' FORM 1038 ' (Revised 2/86) I I Ia Y guide signs when agreed to��by t�� State. Signing and marking of intersecting city streets t,o State Highway routes will be the full responsibility of the City. 3. Require installations, repairs, removals or adjustments of pub- licly or privately owned utilities or services to be performed in accordance with State Department of Highways and Public Transpor- tation specifications and subject to approval of the State. 9�. 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. 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 graphically 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 necessary for the proper support of same under vehicular loads encountered. 2. Mow and clean up litter within the outermost curbs of the front- age 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 separation structures or roadways. 5 of 7 FORM 10 3 8 ' (Revised 2/86) �i"Y TA C�iI COPY 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 sueh other places where such restriction is necessary for satis- factory operation of traffic, by passing and enforcing ordinances and taking other appropriate action in addition to full compli- ance 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. 3. 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 zesponsibility and risk make necessary notifying the State of this action as Pass necessary ordinances and retain forcing the control of access to the Termination emergency utility repairs, soon as practicable. its responsibility for en - freeway facility. 1. It is understood and agreed between the parties hereto that all obligation of the State created herein to maintain the State Highway 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 30 days written notice. Said State assumption of maintenance shall be effective the date of execution of this agreement by the State Department of Highways and Public.Transportation. 6 of 7 P FORM 1038 (Revised 2/86) IN WITNESS WHEREOF, the parties have hereunto affixed their signa- • 'tures, the City of_ Sa„ P� on the 3 � da of__ _� � Y %�%y�iYru� , ��� 19 �/ , and the State Department of Highways and Public Transporta- tion on the day of , 19 APPROVAL RECOMMENDED: n Weer, CITY OF BANGER (Title�of Signing Official) THE STATE OF TEXAS Certified as being executed for the purpose and effect of acti- rict 18 eating and/or carrying out the orders, established policies, or work programs heretofore ap- proved and authorized by the State Department of Highways and Public Transpgrtation. Chief Engineer oir'`�afety & Maintenance Operations Executed and approved for the State Highway and Public Trans- portation Commission under au- thority of Commission Minute No._ '�® �; � and Administrative Order No. �3�_�?, � . NOTE; To be executed in triplicate and supported by Municipal Mainte- nance Ordinance and Certificate of City Secretary. 7 of 7 �• ,.a. � _ _. ,. Revised 2-87