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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. (1 of 2) Plate V-21 5-108 �iy `SCR, R/ /jV, 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 (2of2) Plate V-21 5-109 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. 1of6 ® 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. 3of6 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. 5of6 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 4� I ♦ O /97°I0' I 97. oc, Jones 312 - Tyson y + i I u 77 Union Hitl _ h o JCr-; � � Foirrlen 2450 66 455 \ I I l I ., A. r .AA V A Iwil O I 3,1 455 'L FIELDFAS 4 5 r. i T 1, Mon OL4NE 1,2 16A I p k .i�WT A I N e Devi s 80LIVAR C." I , i <r3e:1� SANGER POP 1,603 °fRrAn.cn rr t � Ours \� I Duck �t{l creek I I 2164 \ 2153 zzz- LLI I _ 11 G,;bD - -- — _ _ _...�-_ --P— — !ti 2450 v--- J / 1F FAT 4.3' . 1 27 a. 21, b. 156 73 / I% I MosCn \+ I'.3 \L NARTLEE _ /. �• 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 ��• —A (gase, Surface, Assist In Sweeping, _46_ Mowin Ci6anm Litter And in E T I 9> g % Maintenance of Roadway Ditches.) 166 City Maintained --- NONE r DENTON AIRPORT ct� I /17 "- / `t Y_ I 21tl1 V 11 r1 E t t i""�-•�'�' _ ' / - ,/IcHA7Y Q. .Of2EsTl ro. ..t . \ /r _ tiri. i I i Tr CITY SECRETARY K E ORIGINAL COPY 1 �{ C 0 N N Fo I T Y o 97°I5 C 9t°I0, ♦ c 1 _ 97°I OS, N Q.tk It 1 35 Tyson 371^ r < /7 Q ' 1 UNillnion t I s O FObritw 2450 66 v 455 e4e V• I I I� •k AAMC ■ ,evti BOLIVAq i -^ 138 3,7 455 i -.s t• OIL FIELD FA 455 .I Mun OLANE ;, W T 1 e ` Ak _ BOLrvAR vX A138 SANGER \�' "0C11T•'r I _ 1 POP 1.603 rarn.w<° p 1 01°vTl 1 � iJl \ I O.tk Creek ' N I 1 aE \2153 A 2,64 { T �— \ ,o I — 1 � GribDle 420 2450 I 1 b\ 4�i+♦u * 27 3163 It 1 \, .I 2 6 a If -56 1r73 fj I MOstH 1, \L ' ('\` HARTLEE j 0 Gibrom J I r36 fA$ o if, l \DENTON I � � I — 173 POP\9.674 t� 429 / POP 451 1 j / CROSS r 4 I \ o 1i 7 Yo ROADSEs I .. R FAP _r I � 7 0r 56 I \f\ 11 DENTON f - 9 I .r/ MUNICIPAL I T -_ r_��(�(�I� M ` .. it 7 I/jj �. \•�I \ F. "_ Legend Exhibit "B" - "'11.E Controlled \ Access Highways P .�. =—�445 s+ �, / -- _j �� �zrar �► State Maintained K _ ` f'� None- City Maintained