1997-136-RES WHEREAS, PUBLIC CONVENIENCE, SAFETY AND NECESSITY OF COP
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RESOLUTION NO. 97 -136
WHEREAS, the public convenience, safety, and necessity of the City of Paris, Paris,
Texas, and of the citizens of the City of Paris require that State Highways within the City be
adequately maintained; and,
WHEREAS, the City of Paris has requested that the State of Texas enter upon and
contribute financially to the maintenance of said State Highways; and,
WHEREAS, the State of Texas has made it known to the City of Paris that it will, with
its forces and equipment and at its sole cost and expense, enter upon and maintain said State
Highways, conditioned upon the provisions concerning liabilities and responsibilities for
maintenance, control, supervision, and regulation which are set out in the Municipal Maintenance
Agreement attached hereto as Exhibit A; and,
WHEREAS, said routes consist of those United States, State, and Farm-to-Market
Highways which are described on the map attached as Exhibit A to the aforementioned Municipal
Maintenance Agreement; and,
WHEREAS, the form of the Municipal Maintenance Agreement, attached hereto as
Exhibit A, should, in all things be approved, and the Mayor of the City of Paris, Eric S. Clifford,
should be authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the
form of the Municipal Maintenance Agreement with the State of Texas, acting by and through the
Texas Department of Transportation and the Texas Transportation Commission, attached hereto
as Exhibit A, for the maintenance, control, supervision, and regulation by the State of Texas of
certain State Highways and/or portions of State Highways located within the corporate limits of
the City of Paris, be, and the same is hereby, approved; and,
BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be,
and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Municipal
Maintenance Agreement with the State of Texas upon the terms and conditions and in the form
shown in Exhibit A, attached hereto.
PASSED AND ADOPTED this 10th day ofNove~., I 97,
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Eric S. 1 ,ay
ATTEST:
~~~->.~t.~~~ )
Mattie Cunningham, City Cler '"
APPROVEJPAS TO FORM:
P.///
Form 1035
Revised 09-96
MUNICIPAL MAINTENANCE AGREEMENT
STATE OF TEXAS )
)
COUNTY OF TRAVIS )
THIS AGREEMENT is made this 10th day of November, 1997, by and between the State of
Texas, hereinafter referred to as the "State," party of the first part, and the City of Paris, Lpmar County,
Texas (population 25,215, as determined by the Texas Department of Commerce, State Data Center, or
24,699, as determined by the 1990 Federal Census), acting by and through its Mayor, Eric S. Clifford,
duly authorized, hereinafter referred to as 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,
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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 the 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 intend6d to cover and provide for State participation in the maintenance and
operation of the following classifications of State highways within the City:
EXHIBIT A
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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.
n. 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.
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GENERAL CONDITIONS
I. The City authorizes the State to maintain and operate the State highways covered by this agreement
in the manner set out herein.
2. 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 covercd herein, and this agreement shall supersede any existing
Municipal Maintenance Agreements.
3. Traffic regulations, including speed limits, will he established only after traffic and engineering
studies have been completed by the State andlor City and approved by the State.
4. The State will erect and maintain all traflic 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 intersections 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
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Manual on Uniform Traffic Control Devices, latest edition and revision. All existing signs shall
be upgraded on a maintenance replacement basis to meet these requirements.
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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.
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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.
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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
.tA,"
State's Responsibilities (Non-Controlled Access)
I.
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.
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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.
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5. Maintain 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 State highway facility within
its corporate limits.
6. Install, maintain, and operate, when required, normal regulatory, warning and guide signs, and
normal markings (except as provided under "General Conditions" in paragraph number 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 citn:s with less than 50,000 population.
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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)
I. 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 of sufficient width to permit angle
parking without interfering with the free and safe movement of traffic.
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2. Install and maintain all parking restriction signs, pedestrian crosswalks (except as provided in
paragraph number 6 above), 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 number 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. '.
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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 its 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.
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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."
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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.
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3. Sweep and otherwise clean the through lanes, ramps, separation structures or roadways, and
frontage roads.
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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 number 4, the State will install 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)
1.
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.
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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 p.roperty damage and loss of investment, the City,
without the necessity of approv:il 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 retnin its responsibility for enforcing the control of
access to the expresswny/freeway fncility.
5. Install and maintain all parking restriction signs, pedestrian crosswalks (except as mentioned above
in paragraph number 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 the
full responsibility of the City (except as discussed under "General Conditions" in paragraph
number 4).
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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
tenninate this agreement upon 30 days written notice. Upon termination, all maintenance and operations
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 ~ [16 and the State's Interstate Maintenance Guidelines as
approved by the Federal Highway Administration in accordance with 23 CFR ~ 635 Subpa~t E.
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Said State assumption of maintenance and operations shall be effective the date of execution of this
agreement by the Texas Department of Transportation.
IN WITNF..8S WHEREOF, the parties have hereunto affixed their signatures, the City of Paris
on the 10th day of November, 1997, and the Texas Department of Transportation on the _ day of
, 1997.
ATTEST:
THE STATE OF TEXAS
II'
Mattie Cunningham, City Clerk
Certified as being executed for the purpose and
effect of activating and/or carrying out the
orders, established policies, or work programs
heretofore approved and authorized by the Texas
Transportation Commission under the authority
of Minute Order No.
CITY OF PARIS, PARIS, TEXAS
By:
Eric S. Clifford, Mayor
By:
District Engineer
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
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NOTE:
To be executed in duplicate and supported by Municipal Maintenance Ordinance/
Resolution and City Secretary Certificate.
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Page 7 of 7
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Form 1037-2
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STATE OF TEXAS ~
COUNTY OF ~
the
duly
I,
appointed,
qualified and acting city secretary of the City of
, 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 ,A.D., 19_, at o'c1ock~M.
19_, at
To certify which, witness my
, TEXAS, this due
Texas.
hand and
day of
seal of the City of
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City Secretary of the City of
i
, Texas
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