2053 RES PUBLIC CONVENIENCE, SAFETY AND NECESSITY OF COP REQUIRE STATE HIGHWAY ROUTES

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Form 1038 (Revised 2/77) 5. It is understood and agreed that this agreement is for the purpose of defining the authority and responsibility of both parties for maintenance of highway routes through the City and shall in no way be considered to cover any present or past obligation either real or anticipated concerning such State Highway routes through the City. 6. The City shall prohibit the movement of loads over State maintain- ed streets which exceed the legal limits for either weight, length, height or width, as prescribed by State law for public highways autside 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 lower 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. 7. The City shall prevent future encroachments within the right of way of the highway routes and assist in removal of any present en- croachments 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 agreement with the State. 8. The City agrees that traffic control devices, such as signs, traf- fic signals and pavement markings, in respect to type of device, points of installation, and necessity will be fixed by agreement with the State after traffic and engineering surveys have been made. The City agrees that it wiil not install or maintain or permit the installation or maintenance of any type of traffic con- trol device which will affect or influence the utility of the State Highway routes without having obtained in writing the prior approval of 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 utility of the State Highway routes unless their continued use is approved in writing by the State. It is understood that future traffic control devices installed as a joint project by the City and State will be the subject of a separate agreement outlining the responsibilities for installation and maintenance. 9. The City agrees to assure the grantee's conformance, for proper construction and maintenance of access driveway facilities, in ac- cordance with "Regulations for Access Driveways to State Highways" adopted by the State Department of Highways and Public Transporta- tion or in accordance with other standards and specifications for the design, construction and maintenance details subject to ap- proval by the State Department of Highways and Public Transporta- tion. -3-