016-94-Ordinance-Municipal Maintenance Agreement with TxDOT-07/18/1994City of Sanger
Ordinance # 016-94�y
SAFETY AND MAINTENANCE OPERATIONS DIVISION MANUAL tGIIV4
COPY
Form 1037-1
MUNICIPAL MAINTENANCE ORDINANCE
AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE
HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF
Sanger , COUNTY OF Benton
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 DECLARING 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
Sander Citv Council
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 autho-
rized 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.
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Plate V-21
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�iy `SCR,
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SAFETY AND MAINTENANCE OPERATIONS DIVISION MANUAL COPY
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.
STATE OF TEXAS i
COUNTY OF Denton 0
I,
Form 1037-2
Rosalie Chavez , the duly appointed,
qualified and acting city secretary of the City of Sanger , 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 July 18th , A.D., 19 94 ,
at 7 : 00 o'clock P.M.
To certify which, witness my hand and seal of the City of Sander , TEXAS,
this due 18th day of July , 19 94 at Sanger Texas.
City Secretary of the City of c_
Sanger Texas
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Plate V-21
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Texer
Oeperfinenf
07 Tnnrpalrflon
Form 1038 Rev. 3/94
Previous versions are obsolete.
DHT # 122504
Municipal Maintenance Agreement
STATE OF TEXAS *
COUNTY OF TRAVIS *
THIS AGREEMENT made this
CITY ECR
ORIGINAL COpyy
18 th day of July , 19 94 , by and
between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City
of
SANGER
DENT 0 N County, Texas (population
3,550 , 19 90 , Federal Census) acting by and through its duly authorized officers,
hereinafter called the "City", party of the second part.
WITNESSETH
WHEREAS, the City has requested the State to assist in the maintenance of State Highway routes within
such City; 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, 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:
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:
Coverage
1. This agreement is intended to cover and provide for State participation in the maintenance of the
following classification of State Highway routes within the City:
A. Non -Controlled Access routes or portions thereof which are described 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 Texas
Transportation Commission as Controlled Access Highways and which are described and/or
graphically shown in Exhibit `B", which is attached hereto and made a part hereof.
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® P.P"
Form 1038 Rev. 3/94
Previous versions are obsolete.
CITY SECRETARY
ORIGINAL CCpY
10, The City agrees that traffic control devices, such as signs, traffic signals and pavement markings, in
respect to type of device, points of installation and necessity will be determined by traffic and
engineering surveys. The City agrees that it will not install, maintain or permit the installation of any
type of traffic control device which will affect or influence the utility of the State Highway routes
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 utility of the State Highway routes unless their continued
use is approved in writing by the State. It is understood that approval for future installations of traffic
control signals by the State or as a joint project with the City, will be indicated by signature of the
plans.
11. 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 Highways"
adopted by the Texas Department of Transportation or in accordance with other standards and
specifications for the design, construction and maintenance details subject to approval by the Texas
Department of Transportation.
12. It is understood that the use of unused right of way and areas beneath structures will be as determined
by a separate agreement.
13. On those State Highway routes and portions thereof which are listed and/or graphically shown on
Exhibit "A" as "City Maintained" routes, the City agrees to provide bridge inspection and inventory
data to the State in accordance with National Bridge Inspection Standards.
Non -Controlled Access Highways
The following specific conditions and responsibilities shall be applicable to non -controlled access highways
in addition to the "General Conditions" contained herein above. Routes of non -controlled access highways or
portions thereof covered by this section are those listed and/or graphically shown in Exhibit "A".
State's Responsibilities
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.
3. Assist in sweeping and otherwise cleaning the pavement.
4. Assist in snow and ice control.
5. Maintain drainage facilities within the limits of the right of way.
6. Install and maintain normal regulatory warning and guide signs and normal markings for directing
highway traffic in a safe and efficient manner. This includes school safety devices, school crosswalks
and crosswalks installed in conjunction with pedestrian signal heads. It does not include other pedestrian
crosswalks. Any other traffic striping desired by the City may be placed and maintained by the City
subject to the approval of the State.
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Form 1038 Rev. 3/94
Previous versions are obsolete.
CI_Y EC E AN y
ORIGINAL Copy
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. Install and maintain all normal markings and signs on the main lanes and frontage roads necessary for
the proper use of the facility and direction of traffic thereon. 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.
7. Maintain all drainage facilities within the limits of the right of way.
City's Responsibilities
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.
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 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 and retain its responsibility for enforcing the control of access to the freeway
facility.
Termination
It is understood and agreed between the parties hereto that all obligations 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 Texas
Department of Transportation.
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EXHIBIT "A"
NON CONTROLLED ACCESS HIGHWAY
I. STATE MAINTAINED
A. BR' 35X .
B. FARM TO MARKET 455:
. CITY MAINTAINED
C"' c_C NARY
ORIGINAL Cc)pY
From the North City Limits over 5th Street to
the intersection of I.H.35 (base, surface, as-
sist in sweeping, mowing)' cleaning litter and
in maintenance of roadway ditches).
From the West City Limits to the EAST CITY
Linn:; . (base, surface, assist in sweeping,
mowing, cleaning litter and in maintenance of
roan ay ditches).
None
EXHIBIT "B"
CONTROLLED ACCESS HIGHWAY
STATE MAINTAINED
A. INTERSTATE HIGHWAY 35 From the North City Limits to the South City
Limits.
CITY MAINTAINED None
E CITY SECRETAnY
o Q ICI A� COPY o
97°I5' 6
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2450 66
455
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4 5 r. i T 1, Mon OL4NE 1,2 16A
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80LIVAR C." I , i <r3e:1� SANGER
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I I 2164
\ 2153
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73 /
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56 LLGLND �.
n oR 54. ` ., ' ! J �� l %Exhibit �I A.. _
Non Controlled Access Highways
CROSS
`State Maintained ROADS
9• I �i . f t POP m0 tE,r) j
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_46_
Mowin Ci6anm Litter And in E T I
9> g
% Maintenance of Roadway Ditches.)
166 City Maintained --- NONE r
DENTON
AIRPORT ct� I
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CITY SECRETARY
K E ORIGINAL COPY 1
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-56
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I — 173 POP\9.674 t� 429 /
POP 451
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CROSS
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9 I .r/ MUNICIPAL I T -_ r_��(�(�I� M
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"_ Legend
Exhibit "B"
-
"'11.E Controlled \
Access Highways
P .�. =—�445 s+ �, / -- _j �� �zrar �► State Maintained
K _
` f'� None- City Maintained