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12-17-79-Ordinance-Municipal Maintenance Ordinance 07.18.1994-12/17/1979Form 1OP-1 MUNICIPAL MAINTENANCE ORDINANCE AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF COUNTY OF _ , TEXAS, HER ERRED TO AS MUNICIPAL MAIN 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 EMERGENCY 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 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 STATE OF TEXAS COUNTY OF DEMI � the duly appointed, qualified and acting city secretary of the City of 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 3 peo �-i , A.D., 19 *0 , at O'clock P M. To certify which, witness my hand and seal of the City of SA%�"_ TEXAS, this due day of M6Q �- , 19 at SA=A Texas. Ci,y Secretar f the City of 5 "`:�1".fib. Texas n COMMISSION ROBERT H. DEDMAN, CHAIRMAN JOHN R. BUTLER, JR., P.E. RAY STOKER, JR. STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION 2624 W. Prairie; Denton, Texas 76201 March 15, 1990 Control: 0195-02-035 Highway: I.H. 35 County : Denton Mr. John Hamilton City Manager City of Sanger P.O. Box 578 Sanger, Texas 76266 Dear Mr. Hamilton: ENGINEER -DIRECTOR R. E. STOTZER, JR., P.E. IN REPLY REFER TO: Attached is a copy of the Municipal Maintenance Agreement dated December 21, 1979 and an amended agreement dated December 4, 1989. /9 Paragraph 9 under the GENERAL CONDITIONS in these agreements indica the City assures the proper construction and maintenance of access driveway facilities. The drainage problem along the west frontage road between Pecan Street and Elm Street appears to be the result of culvert pipes for access driveways being placed too high and thus blocking the drainage ditch. If the City of Sanger will assume the responsibility of removing the existing culverts and replacing these culverts at a propose grade, the State's Maintenance Forces will regrade this ditch to correct this problem. Please contact me at 1-817-387-1414 if additional information is required. Sincerely, Dwight"S. Bird, P.E. Resident Engineer DSB:js Attachments cc: Buz Elsom Tommy Houchin COMMISSION STATE DEPARTMENT OF HIGHWAYS _ ENGINEER -DIRECTOR A. SAM WALDROP. CHAIRMAN AND PU1PL1C0 T jWj6WTATION B. L. DEBERRY DEWITT C. GREER Dallas, Texas, 75221 RAY A. BARNHART December 31, 1979 IN REPLY REFER TO FILE NO. MUNICIPAL MAINTENANCE AGREEMENT Honorable Ralph B. Cole Mayor, City of Sanger P.O. Sox 578 Sanger, TX 76266 Dear Mayor Cole: Attached for your file* is an executed copy of the above agreement which covers all highway routes in the City of Sanger. This is an important document in that it outlines the respective maintenance responsibilities of the State and the City of Sanger. Attachment KW cc: Milton Watkins Mel Hodges RF Yours very truly, n G. Keller District Engineer 1