ORD 2005-13 -Unsigned TXDOT Maintenance Agreement 08-16-2005ORDINANCE NO. 2005,98—S-1
AN ORDINACE APPROVING THE AGREEMENT DATED August 16th, 2005
BETWEEN THE STATE OF TEXAS AND THE CITY OF Huntsville, Texas
FOR THE MAINTENANCE, CONTROL, SUPERVISION, AND REGUALTION OF CERTAIN STATE
HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF Huntsville, Texas;
AND PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Huntsville, Texas:
SECTION 1. That the certain agreement date August 16th, 2005 , between the State of Texas
and the City of Huntsville, Texas for the maintenance, control, supervision, and
regulation of certain State Highways and/or portions of State Highways in the City of Huntsville,
Texas,
and the same is, hereby approved; and that J. Turner, Mayor is hereby authorized to execute
said agreement on behalf of the City of Huntsville, Texas and to transmit the same to the State
of Texas for appropriate action.
SECTION 2. The fact that the work contemplated under the above mentioned agreement is
needed, creates an emergency which for the immediate preservation of the public peace, health,
safety, and general welfare requires that this Ordinance take effect immediately from and after
its passage and it is accordingly so ordained.
PASSED:
1. Turner, Mayor
ATTEST:
Danna Welter, City Secretary
City of Huntsville, Texas
Thomas A. Leeper, City Attorney
EXHIBIT "A"
State Highwa
City Limits
� a
Non Controlled Access Highways
State Highways .....
City Limits �---
Controlled Access (I -45)
Form 1038
(Rev. 3/2002)
Texae
of
MUNICIPAL MAINTENANCE AGREEMENT
STATE OF TEXAS
COUNTY OF TRAVIS §
THIS AGREEMENT made this 16th day of August 2005
by and between the State of Texas, hereinafter referred to as the "State," party of the first part,
and the City of Huntsville , Walker
County, Texas (population 35,078 , 2000, latest Federal Census) acting by and through
its duly authorized officers, hereinafter 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
WHEREAS, 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
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 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
WHEREAS, the City has requested the State to assist in the maintenance and operation
of State highways within such City:
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:
For this agreement, the use of the words "State Highway" shall be construed to mean all
numbered highways that are part of the State's Highway System.
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 exchanged 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 our 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 sure 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
intersection 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 Manuel 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.
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 any present encroachments when requested by the
State except where specifically authorized by separate agreement; and prohibit the
planting of trees and 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, points of installation and necessity, will be determined by traffic and
engineering studies. The City shall not install, maintain, or permit the installation of any
type of traffic control device which will affect or influence the use of State highways
unless approved in writing by the State. Traffic control devices installed prior to the date
of this agreement are herby made subject to the terms of this agreement and the City
agrees to the removal of such devices 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
joint project with the City, will be indicated by the proper City official's signature on the
title sheet of the plans. Both parties should retain a copy of the signed title sheet or a
letter signed by both parties acknowledging which signalized 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. Should the City have a city-wide driveway permit process, the City will issue permits for
access driveways and will assure the grantee's conformance, for proper installation and
maintenance of access driveway facilities in accordance with "Regulations for Access
Driveways to State Highways" adopted by the Texas Department of Transportation or
with other standards and specifications for the design, construction, and maintenance
details subject to approval in writing by the State. Should the City not have a city-wide
driveway permit process, the State may issue access driveway permits on State highway
routes in accordance with its "Regulations for Access Driveways to State Highways."
12. The use of unused right -of -way and areas beneath structures will be determined by a
separate agreement.
NON - CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall be applicable to non - controlled
access State highways in addition to the "General Conditions" contained herein above.
Non - controlled access State highways or portions thereof 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 same 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 City and if State resources are available.
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 it's responsibility for drainage of the State
highway facility within its corporate limits.
Install, maintain, and operate, when required, normal regulatory, warning and guide
signs and normal markings (except as provided under "General Conditions" in paragraph
4). In cities with less than 50,000 population, 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 less 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 sufficient
width to permit angle parking without interfering with the free and safe movement of
traffic.
2. Install and maintain all parking restrictions signs, pedestrian crosswalks [except as
provided in paragraph 6 under "State's Responsibilities (Non - Controlled Access)' J,
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 4).
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 it's 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."
State's Responsibilities (Controlled Access)
1. Maintain the traveled surface of the through lanes, ramps, and frontage roads and
foundations 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 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.
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
grade separation structures or roadways.
5. Except as provided under "General Conditions" in paragraph 4, the State will insist 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 pedestrian signal heads. It
does not include other pedestrian crosswalks.
6. Install, 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 Responsibilities (Controlled Access)
Prohibit, 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
ordinances /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 ordinance /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 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 /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 (expect 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 full responsibility of the City (except as discussed under
"General Conditions" in paragraph 4).
TERMINATION
All obligations 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, 23 United
States Code § 116 and the State's Interstate Maintenance Guidelines as approved by the Federal
Highway Administration in accordance with 23 CFR § 635, Subpart E.
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
Huntsville, Texas on the 16th day of August
the Texas Department of Transportation, on the
, 20_.
ATTEST:
CITY OF
Huntsville
LWV
(Title of Signing Official)
day of
THE STATE OF TEXAS
Executed and approved for the Texas
Transportation Commission for the purpose and
effect of activating and /or carrying out the
orders, and established policies or work programs
heretofore approve and authorized by the Texas
Transportation Commission.
BY
District Engineer
District
NOTE: To be executed in duplicate and supported by Municipal Maintenance
Ordinance /Resolution and City Secretary Certificate.
�. CITY COUNCIL Item No. 5b
Ilk AGENDA ITEM August 16, 2005
Requested By: Bill Daugette
Prepared By: Bill Daugette, Operations Manager Department Head Approval: GEI
ITEM DESCRIPTION:
The City of Huntsville has exclusive dominion and control over all streets within the city limits. This
agreement authorizes the Texas Department of Transportation (TxDot) to work on and maintain their streets
with the city limits.
ENDS POLICY:
Roadways provide safe passage for people and goods
Transportation system is adequate to meet traffic flows
RESULT to be ACHIEVED:
Satisfy TxDot's requirement to have a Municipal Maintenance Agreement in place with every city that has
state highways within their current city limits.
BACKGROUND:
This agreement is updated on an "as requested" basis as determined by TxDot. It was last update in 1997
and TxDot wants to insure that every city in the state has approved the same version.
FISCAL IMPACT / FUNDING SOURCE:
None
RECOMMENDED MOTION:
Adopt Ordinance 2005 -08 -16.1 approving the "Municipal Maintenance Agreement" with the Texas
Department of Transportation.
ATTACHMENT(S):
Municipal Maintenance Agreement
Map of State Highways within Huntsville city limits
CITY COUNCIL APPROVED
Vt Wo 6-
4;d