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ORD 1985-03 - Municipal MaintenanceORDINANCE NO. 85-3 AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE HIGHWAYS AND /OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, 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 City Council of the City of Huntsville, Texas, that: Section 1. That the public convenience, safety and necessity of the City and the people of the City require said project to 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 hereof, 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 and City Secretary are further authorized and directed to execute a resolution approving said agreement. Section 5. This ordinance shall take effect immediately from and after its passage. PASSED AND APPROVED this the J5' day of 3wir(ar y , 1985. THE CITY OF HUNTSVILLE, TEXAS By William V. Nash, Mayor ATTE .4(.4igi DeShaw, City ecretary APPROVED AS TO FORM: Scott Bounds, City Attorney • • STATE OF TEXAS COUNTY OF Walker I, Form 1037 -2 I e h a ck ) , the duly appointed, qualified and acting city secretary of the City of Huntsville 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 anuary 15 , A.D., 19 35 , at 7'00 o'clock %:› M. To certify which, witness my hand and seal of the City of Huntsville TEXAS, this 4 1 1p Huntsville day of cJar)Cary , 19 &5, at Texas. C y Secretary of the City of Huntsville Texas STATE OF TEXAS X COUNTY OF TRAVIS X MUNICIPAL MAINTENANCE AGREEMENT t THIS AGREEMENT made this day of Manua Form 1038 (Revised 2/77) 1925 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 23,936 , 19 80 , Federal Census) acting by and through its duly authorized officers, hereinafter called the "City ", party of the second part. W I T N E S S E T H WHEREAS, the City has requested the State to assist in the mainte- nance of State Highway routes within such city; and WHEREAS, the Engineer- Director, acting for and in behalf of the State Highway and Public 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: A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of the mutual convenants and agreements of the parties hereto to be by them respect- ively kept and performed, it is agreed as follows: Coverage 1. This agreement is intended to cover and provide for State partici- pation in the maintenance of the following classification of State Highway routes within the City: • Form 1038 (Revised 2/77) 1. A. Non - Controlled Access routes or portions thereof which are de- scribed 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 State Highway and Public Transportation Com- mission 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. The City shall retain full responsibility for the maintenance of those State Highway routes and portions thereof which are listed and /or graphically shown in Exhibit "A" and Exhibit "B" as "City Maintained" routes, except that the State is hereby authorized by the City to erect and maintain normal route markers and direction- al and destination signs thereon for direction of highway traffic. 3. In the event that the present system of State Highway routes with- in 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 of the routes which are no 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 of the State. GENERAL CONDITIONS 1. The City hereby agrees and does hereby authorize the State to maintain the State Highway routes covered by this agreement in the manner set out herein. 2. This agreement shall supplement any special agreements between the State and the City for the maintenance and /or construction of the highways covered herein and this agreement shall supersede any ex- isting Municipal Maintenance Agreements. 3. Traffic regulations including speed limits, will be established and fixed by agreement with the State after traffic and engineer- ing surveys have been conducted. 4. 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. Form 1038 (Revised 7 -83) District 17 10. It is understood that the use of unused right of way and areas be- neath structures will be as determined by a separate agreement. 11. On those State Highway routes and portions thereof which are list - ed and /or graphically shown on Exhibit "A" and Exhibit "B" as "City Maintained" routes, the City agrees to perform biennial in- spections of all bridges and bridge classified culverts not later than July 1 of each even numbered year, and to provide inspection and inventory data to the State; all in accordance with National Bridge Inspection Standards. NON - CONTROLLED ACCESS HIGHWAYS State's Responsibilities 1. Maintain the pavement, base and its support and maintain the shoulders on those sections where there is no curb and gutter. 2. Install and maintain normal highway markings necessary for direct- ing highway traffic in a safe and efficient manner, which shall include normal route markers, directional and destination signs, city limit signs, , center line, lane line and no- passing barrier line stripes, and such other pavement markings considered necessary for direction of traffic, except pe- destrian crosswalks. Any other traffic striping desired by the City may placed and maintained by the City subject to the ap- proval of the State., . Assist the City in sweeping and otherwise cleaning the pavement, in mowing and cleaning of litter; and in maintenance of roadway ditches, on those sections of State Highway routes where and to the extent that such duties are delineated on Exhibit "A ", as availability of labor and equipment will allow. 4. Assist in snow and ice control as availability of labor and equip- ment will allow. City's Responsibilities 1. Prohibit angle parking, except upon written approval by the State after traffic and engineering surveys have been conducted to de- termine that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. 2. Install and maintain all parking restriction signs, school safety devices including school crosswalks (in cities over 15,000 popula- tion only), pedestrian crosswalks, parking stripes and special guide signs when agreed to by the State. Signing and marking of Form 1038 (Revised 2-77) intersecting city streets to State Highway routes will be the full responsibility of the City. 3. Require installations, repairs, removals or adjustments of public- ly or privately owned utilities or services to be performed in ac- cordance with State Department of Highways and Public Transporta- tion specifications and subject to approval of the State. 4. Retain all functions and responsibilities for maintenance, con- trol, supervision, and regulation which are not specifically de- scribed as the responsibility of the State. The assistance by the State in maintenance of roadway ditches does 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 covered in a separate agreement between the City and the State. Form 1038 (Revised 2 -77) CONTROLLED ACCESS HIGHWAYS The following specific conditions and responsibilities shall be appli- cable to controlled access highways in addition to the "General Condi- tions" contained herein above. Routes of controlled access highways or portions thereof covered by this section are those listed and /or graph- ically shown in Exhibit "B ". State's Duties 1. Maintain the traveled surface of the through lanes, ramps and frontage roads and those things beneath such traveled surface nec- essary for the proper support of same under vehicular loads en- countered. 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 ex- ist, 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 as- sist in these operations as the availability of equipment and la- bor will allow on the frontage roads and separation structures or roadways. 5. Erect and maintain all normal markings and signs necessary for the proper use of the facility and direction of traffic thereon. 6. Maintain all drainage facilities within the limits of the right of way. City's Duties 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 traffic, by passing and enforcing ordinances and tak- ing 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. Form 1038 (Revised 2-77) 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 imme- diate action is necessary for protection of the public and to min- imize property damage and loss of investment, the City, without the necessity of approval by the State, may at its own responsibi- lity and risk make necessary emergency utility repairs, notifying the State of this action as soon as practicable. 4. Pass necessary ordinances and retain its responsibility for en- forcing the control of access to the Freeway facility. • Form 1038 (Revised 7 -83) District 17 Termination 1. It is understood and agreed between the parties hereto that all obligation of the State created herein to maintain the State High- way 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 thirty days written notice. Said State assumption of maintenance shall be effective the date of ex- ecution of this agreement by the State Department of Highways and Pub- lic Transportation. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Huntsville on the 1 5 4 day of 3a n uA r y� 19g5, and the State Department of Highways and Public Transportation 19g . CITY OF Huntsville on the r%' day of e b r ut Vii` y TTEST lg L . -i // ,,r BY > W�Iliarn \i, gash Ma / )(- (Title of Signing Official) APPROVAL RECOMMENDED: STATE OF TEXAS District E er, District 17 Engineer of Maint :f -nce D -18M Certified as being executed for the purpose and effect of acti- vating and /or carrying out the orders, established policies, or work programs heretofore ap- proved and authorized by the State Department of Highways and Public Transportation. By Engineeerpof Safety & ORIITTYpFOORNEpX. ECUTIO- a -AUGUMPLISHW UNDER Note: To be executed in triplicate and s iportea by Municipal Mainte- nance Ordinance and Certificate of City Secretary. A veep 5 TO FORM ... Cott Bcxtnds, c ►ty Ar- rorney Route and Description US 75: From the west city limit of Huntsville, Texas to the intersec- tion of IH 45. From the intersection of IH 45 to the inter- section with FM 2821. From the intersection with FM 2821 to the intersection with US 190 (west). From the intersection with US 190 (west) to approximately 1455 feet southeast of SH 19. From approximately 1455 feet southeast of SH 19 to the south city limit of Huntsville, Texas. US 190: From the inter- section with IH 45 east frontage road to the intersection with US 75 (north). From the intersection with US 75 (south) to the west right-of-way of SH 19. EXHIBIT "A" Non-Controlled Access Highways State's Responsibility Maintain Base, surface support, and highway markings; sweep or otherwise clean the pavement and mowing. Maintain base, surface support, and highway markings; and sweep or otherwise clean the pavement and mowing. Maintain base, surface, support, and highway markings; and sweep or otherwise clean the pavement. Maintain base, surface support, and highway markings; and sweep or otherwise clean the pavement. Maintain base, surface, support, and highway markings; and sweep or otherwise clean the pavement and mowing. Maintain base, surface, support, and highway markings; and sweep or otherwise clean the pavement. Maintain base, surface, support, and highway markings; and sweep or otherwise clean the pavement. * City's Responsibility Litter pick up and maintenance of roadway ditches. Maintain drainage of highway facility. Litter pick up and maintenance of roadway ditches. Maintain drainage of highway facility. Mowing , litter pick up, and maintenance of the roadway ditches and median. Maintain facility. Mowing, litter pick up, maintain drainage of highway facility and sweeping or otherwise cleaning curbs and gutters. Litter pick up and maintenance of roadway ditches. Maintain drainage of highway facility. Mowing, litter pick up, maintain drainage of highway facility and sweeping or otherwise cleaning curbs and gutters. Mowing, litter pick up, maintain drainage of highway facility and sweeping or otherwise cleaning curbs and gutters. EXHIBIT '"A" Non - Controlled Access Highways Route and Description From the east right - of -way of SH 19 to the east city limit of Huntsville. SH 19: From the north city limit of Huntsville, Texas to the junction with IH 45. SH 30: From the west city limit of Huntsville to the west frontage road of IH 45. From the intersection with US 190 (east) to the intersection with SH 19. From the intersection with SH 19 to the north city limit of Huntsville, Texas. FM 247: From the north city limit to the inter- section of FM 2821. From the intersection of FM 2821 to Eighth Street. From Eighth Street to the intersection of US 75 . State's Responsibility Maintain base, surface, support, and highway markings; and sweep or otherwise clean the pavement and mowing. Responsible for all maintenance. Maintain base, surface, support, and highway markings; and sweep or otherwise clean the pavement and mowing. Maintain base, surface, support, and highway markings; and sweep or otherwise clean the pavement. Maintain base, surface, support, and highway markings; and sweep or otherwise clean the pavement and mowing. Maintain base, surface, support, and highway markings; and sweep or otherwise clean the pavement and mowing. Maintain base, surface, support, and highway markings; and sweep or otherwise clean the pavement. Maintain base, surface, support, and highway markings; and sweep or otherwise clean the pavement. * City's Responsibility Litter pick up and maintenance of roadway ditches. Maintain drainage of highway facility. See Note * Litter pick up and maintenance of roadway ditches. Maintain drainage of highway facility. Mowing, litter pick up, and maintenance of roadway ditches. Maintain drainage of highway facility. Litter pick up and maintenance of roadway ditches. Maintain drainage of highway facility. Litter pick up and maintenance of roadway ditches. Maintain drainage of highway facility. Mowing, litter pick up, and maintenance of roadway ditches. Maintain drainage of highway facility. Mowing, litter pick up, maintain drainage of highway facility and sweeping or otherwise cleaning curbs and gutters. • * EXHIBIT '"A" Non-Controlled Access Highways Route and Description FM 1374: From the south city limit of Huntsville, Texas to the intersection of IH 45 west frontage road. From the intersection of IH 45 east frontage road to the intersection of US 75. FM 2821: From the inter- section of US 75 to the intersection with SH 30. From the intersection with SH 30 to the east city limit of Huntsville, Texas. Spur 94: From the inter- section of US 190 to Ninth Street. All city designated truck and/or hazardous cargo routes along highways in Huntsville, Texas. State's Responsibility Maintain base, surface, support, and highway markings; and sweep or otherwise clean the pavement and mowing. Maintain base, surface, support, and highway markings; and sweep or otherwise clean the pavement. Responsible for all maintenance. Maintain base, surface support, and highway markings; and sweep or otherwise clean the pavement and mowing. Maintain base, surface, support, and highway markings; and sweep or otherwise clean the pavement. None * City's Responsibility Litter pick up and maintenance of roadway ditches. Maintain drainage of highway facility. Mowing, litter pick up, and maintenance of roadway ditches. Maintain drainage of highway facility. See Note * Litter pick up and maintenance of roadway ditches. Maintain drainage of highway facility. Mowing, litter pick up, maintain drainage of highway facility and sweeping or otherwise cleaning curbs and gutters. Responsible for all signing and marking of truck routes. * Responsible for proper construction, maintenance and control of access driveway facilities. City to furnish a copy of each approved access driveway permit to the State for approval.