1997-136-RES WHEREAS, PUBLIC CONVENIENCE, SAFETY AND NECESSITY OF COP

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5. Subject to approval by the State, any State highway lighting system may be installed by the City provided the City shall payor otherwise provide for all cost of installation, maintenance, and operation, except in those installations specifically covered by separate agreements between the City and State. 6. 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. , 7. 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 or shrubbery or the creation or construction of any other obstruction within the right-of-way without prior approval in writing from the State. 8. 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 hereby 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 only after being authorized by resolution of the City Council of the City of Paris. 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 agrcement will be covered under a separate agreement. ill 9. Should the City have a city-wide driveway pennit 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." 10. The use of unused right-of-way and areas beneath structures will be determined by a separate agreement. il ~ Page 3 of 7 I I " "