Resolution 2012-24 RESOLUTION NO. 2012-24(R)
A RESOLUTION APPROVING THE AGREEMENT DATED
AUGUST 14, 2012, BETWEEN THE STATE OF TEXAS AND THE
CITY OF WYLIE, TEXAS, FOR THE MAINTENANCE, CONTROL,
SUPERVISION, AND REGULATION OF CERTAIN STATE
HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE
CITY OF WYLIE, TEXAS; AND PROVIDING FOR THE
EXECUTION OF SAID AGREEMENT; AND DECLARING AN
EMERGENCY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS:
SECTION 1. That the certain agreement dated August 14, 2012, between the State of Texas and
the City of Wylie, Texas for the maintenance, control, supervision, and the regulation of certain
State Highways and/or portions of State Highways in the City of Wylie, Texas be, and the same
is, hereby approved; and that City Manager, Mindy Manson, is hereby authorized to execute said
agreement on behalf of the City of Wylie, Texas and to transmit the same to the State of Texas
W�,�w& for appropriate action.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS on this l4t"day of August, 2012.
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Eric Hogue, a r
ATTESTED TO AND
CORRECTLY RECORDED BY: �� QF ��t
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Carole Ehrlich, ity ecretary �� -�� j �,�?���,,=`
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Resolution No. 2012-24(R)
TxDOT Municipal Maintenance Agreement
� MUNICIPAL MAINTENANCE AGREEMENT Form 1038
(Rev.03/12)
Page 1 of 6
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a tr,nsparrnex.
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT made this day of 2012 , by and between
the State of Texas, hereinafter referred to as the"State," party of the first part, and the City of Wylie, TX
(population 41,427 , 2010, latest Federal Census) acting by and through its duly authorized officers,
hereinafteir called the"City," party of the second part.
WITNESSETH
WHEREAS, Chapter 311 of the Transportation Code gives the City exclusive dominion, control, and jurisdiction
over and under the public streets within its corporate limits and authorizes the City to enter agreements with the State to
fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through its
corporate limits; and
VWHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its discretion, to enter
agreements with cities to fix responsibilities for maintenance, control, supervision, and regulation of State highways ,_,,,,,
within and through the corporate limits of such cities; and
V'VHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation Commission, has made
it known t�� the City that the State will assist the City in the maintenance and operation of State highways 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; and
VVHEREAS, the City has requested the State to assist in the maintenance and operation of State highways
within suclh City:
AGREEMENT
MOW, 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:
For this agreement, the use of the words "State Highway" shall be construed to mean all numbered highways that
are part o1`the State's Highway System.
Form 1038 (Rev.03/12)
Page 2 of 6
�� COVERAGE
1. This agreement is intended to cover and provide for State participation in the maintenance and operation of the
following classifications of State Highways within the City:
A. Non-Controlled Access highways or portions thereof which are described and/or graphically shown as
"State Maintained and Operated" highways in Exhibit"A,"which is attached hereto and made a part hereof.
B. All State highways or portions thereof which have been designated by the Texas Transportation
Commission or maintained and operated 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. In the event that the present system of State highways within the City is changed by cancellation, modified
routing, or new routes, the State will terminate maintenance and operation and this agreement will become null
and void on those portions of the highways which are no longer on the State Highway System; and the full effect
and all conditions of this agreement will apply to the changed highways or new highways on the State Highway
System within the City; and they shall be classified as "State Maintained and Operated" under paragraph 1
above, unless the execution of a new agreement on the changed or new portions of the highways is requested
by either the City or the State.
3. Exhibits that are a part of this agreement may be changed with both parties' written concurrence. Additional
exhibits may also be added with both parties'written concurrence.
GENERAL CONDITIONS
"`"""` 1. The City authorizes the State to maintain and operate the State highways covered by this agreement in the
manner set out herein.
2. This agreement is between the State and the City only. No person or entity may claim third party beneficiary
status under this contract or any of its provisions, nor may any non-party sue for personal injuries or property
damage under this contract.
3. This agreement is for the purpose of defining the authority and responsibility of both parties for maintenance and
operation of State highways through the City. This agreement shall supplement any special agreements between
the State and the City for the maintenance, operation, and/or construction of the State highways covered herein,
and this agreement shall supersede any existing Municipal Maintenance Agreements.
4. Traffic regulations, including speed limits, will be established only after traffic and engineering studies have been
completed by the State and/or City and approved by the State.
5. The State will erect and maintain all traffic signs and associated pavement markings necessary to regulate, warn,
and guide traffic on State highways within the State right-of-way except as mentioned in this paragraph and
elsewhere in this agreement. At the intersections of off-system approaches to State highways, the City shall
install and maintain all stop signs, yield signs, and one-way signs and any necessary stop or yield bars and
pedestrian crosswalks outside the main lanes or outside the frontage roads, if such exist. The City shall install
and maintain all street name signs except for those mounted on State maintained traffic signal poles or arms or
special advance street name signs on State right-of-way. All new signs installed by the City on State right-of-way
shall meet or exceed the latest State breakaway standards and be in accordance with the Texas Manual on
Uniform Traffic Control Devices, latest edition and revision. All existing signs shall be upgraded on a
maintenance replacement basis to meet these requirements
� 6. Subject to approval by the State, any State highway lighting system may be installed by the City provided the City
shall pay or otherwise provide for all cost of installation, maintenance, and operation except in those installations
specifically covered by separate agreements between the City and State.
Form 1038 (Rev.03/12)
Page 3 of 6
7. The� City shall enforce the State laws governing the movement of loads which exceed the legal limits for weight, --�
length, height, or width as prescribed by Chapters 621, 622, and 623 of the Transportation Code for public
highways outside corporate limits of cities. The City shall also, by ordinance/resolution 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 highway and/or for traffic safety.
8. The; City shall prevent future encroachments within the right-of-way of the State highways and assist in removal
of <�ny present encroachments 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 approval in writing from the State.
9. Traffic control devices such as signs, traffic signals, and pavement markings, with respect to type of device,
poi�nts of installation and necessity, will be determined by traffic and engineering studies. The City shall not
insi;all, maintain, or permit the installation of any type of traffic control device which will affect or influence the use
of;3tate highways 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
de��ices which affect or influence the use of State highways unless their continued use is approved in writing by
the State. It is understood that basic approval for future installations of traffic control signals by the State or as a
joirit project with the City, will be indicated by the proper City official's signature on the title sheet of the plans.
Bo1:h parties should retain a copy of the signed title sheet or a letter signed by both parties acknowledging which
siginalized intersections are covered by this agreement. Any special requirements not covered within this
agreement will be covered under a separate agreement.
10. New construction of sidewalks, ramps or other accessibility related items shall comply with current ADA
standards. The city is responsible for the maintenance of these items.
11. If the City has a driveway permit process that has been submitted to and approved by the State, the City will "'°"
iss�ue permits for access driveways on State highway routes and will assure the grantee's conformance, for
prc�per installation and maintenance of access driveway facilities, with either a Local Access Management Plan
that the City has adopted by ordinance and submitted to the State or, if the City has not adopted by ordinance
and submitted to the State a Local Access Management Plan, the State's "Regulations for Access Driveways to
State Highways" and the State's Access Management Manual. If the City does not have an approved city-wide
dri�✓eway permit process, the State will issue access driveway permits on State highway routes in accordance
with the City's Local Access Management Plan, adopted by city ordinance and submitted to the State or, if the
City has not adopted by ordinance and submitted a Local Access Management Plan, the State's"Regulations for
Access Driveways to State Highways"and the State's Access Management Manual.
12. ThE� use of unused right-of-way and areas beneath structures will be determined by a separate agreement
NON-CON'TROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall be applicable to non-controlled access State highways in
additio!n to the "General Conditions" contained herein above. Non-controlled access State highways or portions
thereoi covered by this section are those listed and/or graphically shown in Exhibit"A."
State's Responsibilities(Non-Controlled Access)
1. Maintain the traveled surface and foundation beneath such traveled surface necessary for the proper support of
saime under vehicular loads encountered and maintain the shoulders.
2. Assist in mowing and litter pickup to supplement City resources when requested by the City and if State
resources are available.
3. Assist in sweeping and otherwise cleaning the pavement to supplement City resources when requested by the
Ciiy and if State resources are available.
Form 1038 (Rev.03/12)
Page 4 of 6
�"�'" 4. Assist in snow and ice control to supplement City resources when requested by the City and if State resources
are available.
5. Maintain drainage facilities within the limits of the right-of-way and State drainage easements. This does not
relieve the City of its responsibility for drainage of the State highway facility within its corporate limits.
6. Install, maintain, and operate, when required, normal regulatory, warning and guide signs and normal markings
(except as provided under "General Conditions" in paragraph 5). In cities with less than 50,000 popu�ation, this
also includes school safety devices, school crosswalks, and crosswalks installed in conjunction with pedestrian
signal heads. This does not include other pedestrian crosswalks. Any other traffic striping desired by the City may
be placed and maintained by the City subject to written State approval.
7. Install, operate, and maintain traffic signals in cities with ►ess than 50,000 population.
8. In cities equal to or greater than 50,000 population, the State may provide for installation of traffic signals when
the installation is financed in whole or in part with federal-aid funds if the City agrees to enter into an agreement
setting forth the responsibilities of each party.
City's Responsibilities(Non-Controlled Access)
1. Prohibit angle parking, except upon written approval by the State after traffic and engineering studies have been
conducted to determine if the State highway is of sufficient width to permit angle parking without interfering with
the free and safe movement of traffic.
2. Install and maintain all parking restriction signs, pedestrian crosswalks [except as provided in paragraph 6 under
"State's Responsibilities (Non-Controlled Access)"], parking stripes and special guide signs when agreed to in
�� writing by the State. Cities greater than or equal to 50,000 population will also install, operate, and maintain all
school safety devices and school crosswalks.
3. Signing and marking of intersecting city streets with State highways will be the full responsibility of the City
(except as provided under"General Conditions" in paragraph 5).
4. Require installations, repairs, removals or adjustments of publicly or privately owned utilities or services to be
performed in accordance with Texas Department of Transportation specifications and subject to approval of the
State in writing.
5. Retain all functions and responsibilities for maintenance and operations which are not specifically described as
the responsibility of the State. The assistance by the State in maintenance of drainage facilities does not relieve
the City of its responsibility for drainage of the State highway facility within its corporate limits except where
participation by the State is specifically covered in a separate agreement between the City and the State.
6. Install, maintain, and operate all traffic signals in cities equal to or greater than 50,000 population. Any variations
will be handled by a separate agreement.
7. Perform mowing and litter pickup.
8. Sweep and otherwise clean the pavement.
9. Perform snow and ice control.
CONTROLLED ACCESS HIGHWAYS
� The following specific conditions and responsibilities shall be applicable to controlled access highways in addition to the
"General Conditions" contained herein above. Controlled access State highways or portions thereof covered by this
section are those listed and/or graphically shown in Exhibit"B."
Form 1038 (Rev.03112)
Page 5 of 6
State's Re�ponsibilities(Controlled Access) —�
1. Maintain the traveled surface of the through lanes, ramps, and frontage roads and foundations beneath such
traweled surface necessary for the proper support of same under vehicular loads encountered.
2. Mow and clean up litter within the outermost curbs of the frontage roads or the entire right-of-way width where no
fror�tage roads exist and assist in performing these operations between the right-of-way line and the outermost
cur'b 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. Rernove 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 grade separation structures or roadways.
5. Exc:ept as provided under "General Conditions" in paragraph 5, the State will install and maintain all normal
markings and signs, including sign operation if applicable, on the main lanes and frontage roads. This includes
school safety devices, school crosswalks and crosswalks installed on frontage roads in conjunction with
peciestrian signal heads. It does not include other pedestrian crosswalks.
6. Inst,all, operate and maintain traffic signals at ramps and frontage road intersections unless covered by a separate
agreement.
7. Maintain all drainage facilities within the limits of the right-of-way and State drainage easements. This does not
relieve the City of its responsibility for drainage of the highway facility within its corporate limits.
City's Res�onsibilities(Controlled Access)
1. Prahibit, by ordinance or resolution and through enforcement, all parking on frontage roads except when parallel
parking on one side is approved by the State in writing. 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
ordlinances/resolutions 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
ordlinance/resolution 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
praperty damage and loss of investment, the City, without the necessity of approval by the State, may at its own
re�ponsibility and risk make necessary emergency utility repairs, notifying the State of this action as soon as
prsictical.
4. Pa:ss necessary ordinances/resolutions and retain its responsibility for enforcing the control of access to the
expressway/freeway facility.
5. Install and maintain all parking restriction signs, pedestrian crosswalks (except as mentioned above in paragraph
5 under "State's Responsibilities") and parking stripes when agreed to by the State in writing. Signing and
marking of intersecting city streets to State highways shall be the full responsibility of the City (except as
discussed under"General Conditions" in paragraph 5).
Form 1038 (Rev.03112)
Page 6 of 6
""�°'� TERMINATION
All obiigations of the State created herein to maintain and operate the State highways covered by this agreement
shall terminate if and when such highways cease to be officially on the State highway system; and further, should
either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon
30 days written notice. Upon termination, all maintenance and operation duties on non-controlled access State
highways shall revert to City responsibilities, in accordance with Chapter 311 of the Texas Transportation Code. The
State shall retain all maintenance responsibilities on controlled access State highways in accordance with the
provisions of Chapter 203 of the Texas Transportation Code and 23 United States Code Section 116.
Said State assumption of maintenance and operations shall be effective the date of execution of this agreement by
the Texas Department of Transportation.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Wylie, TX
on the day of , 2012 , and the Texas Department of Transportation, on the day
of , 2012 .
THE STATE OF TEXAS
ATTEST:
Executed and approved for the Texas Transportation
Commission for the purpose and effect of activating
`"""` and/or carrying out the orders, and established
CITY OF WYLIE, TEXAS policies or work programs heretofore approved and
BY authorized by the Texas Transportation Commission
(Title of Signing Official) gy
(District Engineer)
Dallas District- DAL- 18 District
The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you
are entitled on request to be informed about the information that we collect about you. Under Sections 552.021 and
552.023 of the Government Code, you also are entitled to receive and review this information. Under Section 559.004 of
the Government Code, you are also entitled to have us correct information about you that is incorrect. For more
information, call 512/416-3048.
NOTE: To be executed in duplicate and supported by Municipal Maintenance Ordinance/Resolution and City Secretary
Certificate.
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��+� p �y� 2w� LEGEND: EXH I B I T "A"
N � STATE MAINTA[NED & OPERATED ac�cESS HIGHWAYS
� SCALE: 1 "=2"' NONE CITY MAINTAINED & OPERATED „� �""°"
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�� EXHIBIT A
Non-Controlled Access Highways
I. STATE MAINTAINED
A. SH 78: From the southwest city limit (creek) to east city limit (creek).
B. FM 544: From the west city limit (McCreary Rd.) to SH 78.
C. FM 1378: From FM 544 to just N. of the DART RRX.
D. FM 2514: From SH 78 to the north city limit (Paul Wilson Rd.).
II. CITY MAINTAINED - None
=--��
Texas Department of Transportation �
P.O. BC3X 133d67• DALLAS,TEXAS 75313-3067•(214)320-6100
a��US�2, 2a�2
F1�1 2514, Control Section 0619-06
Cit:y of Wylie
Callin County
Mr. Mike Sferra
Dir•ector of Public Seroices
Ciiy of Wylie
300 Country Club Road, Bidg. 100
Wwlie, TX 75098
De:ar Mr. Sferra:
As the City and TxDOT will execute a new Municipal Maintenance Agreement (MMA) in
the� near future, I wanted to address your question about the existing angle parking on FM
2514. Paragraph '!, City's Responsibilities (Non-Controlled Access) states:
1. Prohibit angle parking, except upon written approva( by the State after tra�c and """
en;gineering studies have been conducted to determine rf the Sfafe highway is of sufficient
widfh to permit angle parking without interfering with the free and safe movement of traffic.
The current MMA (dated May 9, 1995) includes this same language, and the angle parking
ha:s been in place and functioning without problems for a number of years on the
do�wntown Wylie section of FM 2514. The angle parking in this area may remain until
comditions change. At that time, the continued use of ang[ed parking will need to be
rewisited, and may no longer be acceptable.
Feel free ta contact me, at 972-542-2345, if needed.
Sinc ly,
� t�'''-�:
�Barry D. Heard, .E.
Collin County Area Engineer
THE TEXAS PLAN
REDUCE CONGESTION•ENHANCE SAFETY•EXPAND ECONOMIC OPPORTUNITY•IMPROVE AIA 4UALITY
PRESERVE THE VALUE OF TRANSPORTA710N ASSETS
An Equa!Opponunity Employer
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. Municipal Maiatenance Agreement
STATE OF TEXAS*
COUNTY OF TRAVIS * .
THIS AGREEMENT made this� �y of �� y . 19 �_,by and
between the State of Texas, hereinafter referred to as the "State", party of the first part, and the Cit3+
o f �,�.� ._, COLLIN County,Texas(population
9:0�8'0 , 19 90 ,Federal Census)acting by aad through its duly authoriud officers,
hereinafter caUed the"City",party of the second part.
WITNESSETH
WHEREAS,the City has requested the State to assist in the maincenance of StaRte Highway routes within
��-° such City;and •
WHEREAS,the Executive Director,actiag•forand in behalf of theTexas'i'cansportation Commission,has
made it Icnown to the City that the State will assist the City in the maintenance, control, supervision and
reguladon of State I-Tighway r�utes within such City,conditioned that the City will enter into agreements with
the State far the purpose of det,e�mining the r.esponsibilities of the parties thereto:
. AGREEMENT
�� : , .
NOW,T'f�P.REFORfi.in consideration of the promiaes and of the mud�al oovenants and agree�nts of the
paities hereto to be by them respectively kept and performed,it is ag�eed as foUows:
Coverage �
. 1. This agreement is intended tu cover and provide for State pazticipation in the maintenance of the
. following ciass'ffica6on of State I�'ighway mutes within the City:
A. Non-Controlled ARxess routes or portioas tt�reof which are d�escribed and/or graphically shown •
as"State Maintaiaed"routes in B,ahibit"A",which is atxached h�reto and mad�a pait hereof
B. All State Highway rontes or portions thereof which have been designated by the Texas
Transportafion Comuaission as Controlled Access H'ighways aad which an� d�cribed and/or
gcaphically shown ia Bahibit'B".which is attached hcreW and ma�de a part hereof.
lof6 .
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Fotm 103�8 Rev.3/94 .
Provious vxsions are obsolete.
2. 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 af the routes which are ao
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 or the State.
Genex�al Conditions
� 1. The City hereby agrees and dces hereby authorize the State to maintain the State Highway routes
covered by this agreement in the manner set out herein.
2. The City shall retain full responsibility for all items that affect property rights, Iife, health, etc., of
property owners and dwellers adjacent to the State Highway routes and portions thereof.�
3. This agreement shall supplement any special agreements between the State and the City for the
mainten�►ce and/or constcvction of the highways covered herein and this agreement shall supersede
any existing Municipal Maintenance Agreements.
4. Traffic reguladons, including speed limits, will be established after braffic and engineering surveys
have been conducted. . ,..�,.
5. The State will erect and maintain all traffic signs necessary to regulate, wam and guide trafFc on
highway routes in a safe and efficient manaer.
6. 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.
� 7. It is understood and agreed that this agreement is for the purpose of defining the authoriry and
respoasibility of both parties for maintenance of highway routes thmugh the City and shall in no way
be coasidered to cover any present or past obligation cither real or anticipated conceraing such State
Highway routes through the City.
8. 'Ihe City shall prohibit the movement of loads over State Maintained 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 tower 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.
9. The City shall prevent future encroachmeats within the rigbt of way of the highway routes and assist
in removal of any present encruachments when requested by the State except where specifically
authorized by separate agreement; and prohibit the planting of trees or shrubbery or the creation or
constcuctioa of any other obstruction witlun the right of way without prior agreement with the State. �,,.
2of5
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.�...�. Foen 103e Rhc 9184
Pn�lout wwions w obsol�ls. � .
10. The City agrees that traffic control devices,such as signs,tcaffic signals and pavemeat 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
tyQe of traff'ic control device wluch will affect or influence the utility of the State Highway routes
unless appmved in writing by the State. T�raffic 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 fumre installations of traffic
control signals by the State or as a joint pmject 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'Pransportation. „_
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 Higttway routes and portions thereof which are listed and/or graplucally shown on
Exhbit"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-Controlied Access Highways � ,
The following specific condidons and responsibilities shall be applicable to non-controlled access highways
ia addition w 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 foundateon 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 pavemenG
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 marldngs for directing
highway traffic in a safe and efficient manner.This i�cludes school safety devices,school crosswalks
�� and crosswalks installed in conjunction with pedestrian signal heads.It does not include other pedesUrian
crosswalks.Aay 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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Provloir wrdw�s.re oe.olel.. _
7. Install,operate and maintain traffic signals in cides with less than 50,000 population.
8. � Install all FeBerally-funded,off-system traffic signals and on-system traffic signals in cities greater
tl�n 50,000 population. ,
City's Re�sponstibilities
1. Prohibit angle pazking,except upon written approval by the State after traffi�c and engineering surveys
hgve been conducted to detercnine tbat the roadway is of sufficient width to permit angle parking
wrthout interfering with the free movement of traffic.
2. Instatl and maintain all parking restriction signs,pedestrian crosswalks, parlang stripes and special
guide signs when agreed to by the State and traffic signals in cicies with over 50,000 population. �
Signing and marldng of intersecting city streets to State Highway routes will be the full responsibility
of'the City.
3. Require installatibns,repairs,removals or adjustments of publicly or privately owned utilities or services
to be pedformed in accordance with Texas Deparnnent of'Pransportation specifications and sub,ject to
approval of the State.
4. M:aintain highway drainage facilities outside the limits of the right of way.
5. Retain all functioas and responsibilities for maintenance,control,supervision and reguladon which
ar�not specifically described as the responsibiliry of the State.The assistance by the State in maintenance
o!'roadway ditches dces 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
cc►vered in a separate agreement between the City and the State.
6. Mlaintenance and operation of all Federally-funded,off-system haffic signals and on-system traffic
si;gnals in ci�ies greater than 50,000 populadon.
Controlled Access Highways
The foYlowing specific conditions and responsibilities shall be applicable to controlled access highvuays in
addition to the"General Conditions"contained herein above.Routes of controlled access highways or portions
thereof cc�vered by this section are those listed andlor graphically shown in Exhibit"B".
State's Itesponsibilities
1. NJ[aintain the traveled surface of the through lanes,ramps and frontage roads and foundations beneath
s«ch traveled surface necessary for the proper support of same under velucular loads encountered.
2. 11�ow and clean up litter within the outermost curbs of the frontage 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.
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prevbus veraio�rs are obsolele.
3. Sweep and otherwise clean the through lanes,ramps,separadon structures or roadways and frontage
roads.
4. Remove snow and coatrol ice on the through lanes and ramps atld as$ist„in,t,he,se aperations as the
availability of equipment and labor wili allow on the frontage roa�and sepa'�atlon structures or
roadways. � �:�.='-"'� .
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5. Install and maintain all normal markings and signs on tne main lan " an�'�aii€�ge roads necessary for
the proper use of the fxility and direction of trafFic thereon. Thi's 'naludes sch,�bl safery devices,
school crosswalks and crasswallcs installed on frontage roads in cod'junat�a�v�th p�`destrian signal
heads.It daes not include other pedestrian crosswalks. � � �,„ ' �
6. Install,operate and maintain traffic signals at ramps and frontage road intersectioas.
7. Maintain all drainage facilities within the limits of the right of way. �
City's Responsibilities
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 aaffic,by passing and enforcing ordinancrs and talcing 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 pro�►iding 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 t�e highway facility or entering the right of way.
In the event of an emergency,it beiag evident that immediate action is necessary for protection of the
+ public and to minimize pmperiy damab�and loss of investment, the City, without the necessity of
� approval by the State,may at its own responsibility and risk mak�e necessary emergency uality 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.
�ermination
� 1. It is understood and agreed between the parties hereto that all obligations of the State created herein to
maintain the State Ii'ighway routes covened by this agreement shall terminate if and when they are no
longer routes of State I�'ighways;and fiuther,that should either padY fail to Properly fiilfill its obliga�ions
� as herein outlined,the other pacty may teimin�►te this aSreement upon 30 days written notice.
Said State assumption of maintenance sha11 be effective the date of execution of thig agreement by the Texas
,,�, Departmeut of'nransportation.
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Pravioun versions are obsote�e_
IN �1VITNESS. WHEREOF, the part"es have hereunto affixed their sign ty,r•es, the City of �
A�L.T�'i�- on the�.day of Q.0 , 19 � ,and the Texas
Dep�ent � � n� day of M , 19
� � ,� s� _
ATTEST: !. � F"``�' 'r''`�� . CTTY OF :
� ���,�
By .
� ,
� . `���, �y,��'��� g (TIUe o[Sigeing pRIcL�
��°`"" "FClE•� . � THE STATE OF TEXAS
AP OVAL RE NDED: ��� � be�g for the purpose and effect of
activating andlor carrying out the orders,
' established policies,or wcrk programs heretoforc
approved and authorized by the Tex4s
� � � . ' � Transportation Commission under the anthority
DAI.L�,S ���t of Minute Order No. /��Oo�
Br
' D astructi Ma
NUTE: To be executed in triplicate and supported by Municipal Maintenance Ordinance and Certificate of
� Ciry Secretary.
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EXHIBIT "A"
NON CONTROLLED ACCESS HIGHWAY
I. STATE MAINTAINED
A. STATE HIGHWAY 78: From the East City Limit to the Southwest
City Limit(base, surface, assist in sweep-
ing, mowinq, cleaning litter and in main-
tenance of roadway ditches)
B. FARM TO MARKET 1378: From the North City Limit to the
intersection of F.M. 544 (base, surface,
assist in sweepir�g, mowinq, cleaning litter
and in maintenance of roadway ditches)
C. FARM TO MARRET 2514: From the North City Limit to the
intersection of F.M. 3412 (base, surface,
assist in sweeping, mowing, cleaning litter
and in maintehance of roadway ditches)
D. FARM TO MARKET 3412: From the intersection of F.M. 1378 to the
beginning of curb and gutter section (base,
surface, assist in sweeping, mowing,
cleaning litter and in maintenance of
roadway ditches)
E. FARM TO MARKET 3412: From the beqinning of curb and gutter
section to junction of SH 78(base, surface
and bridge classification structures onlyj
F. FARM TO MARKET 544: From F.M. 1378 to junction SH 78, from SH
78 junctioh with F.M. 3412 south to South
City Limit (base, surface, assist in sweep-
inq, mowing, cleaning litter and in mainte-
. nance of roadway ditches)
II. CITY MAINTAINED None
EXHIBIT "B"
CONTROLLED ACCESS HIGHWAY
I. STATE MAINTAINED None
II. CITY MAINTAINED None �