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2021-014 - Approving an Agreement with the State of Texas for maintenance, control, supervision and regulation of certain State Highways
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2021-014 - Approving an Agreement with the State of Texas for maintenance, control, supervision and regulation of certain State Highways
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5/12/2021 9:58:54 AM
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CITY CLERK
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Form 1038 (Rev. 03112) <br />Page 3 of 6 <br />7. The City shall enforce the State laws governing the movement of loads which exceed the legal limits for weight, <br />length, height, or width as prescribed by Chapters 621, 622, and 623 of the Transportation Code for public <br />highways outside corporate limits of cities. The City shall also, by ordinance/resolution and enforcement, <br />prescribe and enforce lower weight limits when mutually agreed by the City and the State that such restrictions <br />are needed to avoid damage to the highway and/or for traffic safety. <br />8. The City shall prevent future encroachments within the right-of-way of the State highways and assist in removal <br />of any present encroachments when requested by the State except where specifically authorized by separate <br />agreement; and prohibit the planting of trees or shrubbery or the creation or construction of any other obstruction <br />within the right-of-way without prior approval in writing from the State. <br />9. Traffic control devices such as signs, traffic signals, and pavement markings, with respect to type of device, <br />points of installation and necessity, will be determined by traffic and engineering studies. The City shall not <br />install, maintain, or permit the installation of any type of traffic control device which will affect or influence the use <br />of State highways unless approved in writing by the State. Traffic control devices installed prior to the date of this <br />agreement are hereby made subject to the terms of this agreement and the City agrees to the removal of such <br />devices which affect or influence the use of State highways unless their continued use is approved in writing by <br />the State. It is understood that basic approval for future installations of traffic control signals by the State or as a <br />joint project with the City, will be indicated by the proper City official's signature on the title sheet of the plans. <br />Both parties should retain a copy of the signed title sheet or a letter signed by both parties acknowledging which <br />signalized intersections are covered by this agreement. Any special requirements not covered within this <br />agreement will be covered under a separate agreement. <br />10. New construction of sidewalks, ramps or other accessibility related items shall comply with current ADA <br />standards. The city is responsible for the maintenance of these items. <br />11. If the City has a driveway permit process that has been submitted to and approved by the State, the City will <br />issue permits for access driveways on State highway routes and will assure the grantee's conformance, for <br />proper installation and maintenance of access driveway facilities, with either a Local Access Management Plan <br />that the City has adopted by ordinance and submitted to the State or, if the City has not adopted by ordinance <br />and submitted to the State a Local Access Management Plan, the State's "Regulations for Access Driveways to <br />State Highways" and the State's Access Management Manual. If the City does not have an approved city-wide <br />driveway permit process, the State will issue access driveway permits on State highway routes in accordance <br />with the City's Local Access Management Plan, adopted by city ordinance and submitted to the State or, if the <br />City has not adopted by ordinance and submitted a Local Access Management Plan, the State's "Regulations for <br />Access Driveways to State Highways" and the State's Access Management Manual. <br />12. The use of unused right-of-way and areas beneath structures will be determined by a separate agreement <br />NON -CONTROLLED ACCESS HIGHWAYS <br />The following specific conditions and responsibilities shall be applicable to non -controlled access State highways in <br />addition to the "General Conditions" contained herein above. Non -controlled access State highways or portions <br />thereof covered by this section are those listed and/or graphically shown in Exhibit "A." <br />State's Responsibilities (Non -Controlled Access) <br />1. Maintain the traveled surface and foundation beneath such traveled surface necessary for the proper support of <br />same under vehicular loads encountered and maintain the shoulders. <br />Assist in mowing and litter pickup to supplement City resources when requested by the City and if State <br />resources are available. <br />3. Assist in sweeping and otherwise cleaning the pavement to supplement City resources when requested by the <br />City and if State resources are available. <br />
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