2021-014 - Approving an Agreement with the State of Texas for maintenance, control, supervision and regulation of certain State HighwaysRESOLUTION N0. 2021-0314
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING AN AGREEMENT DATED MAY 10, 2021, BETWEEN THE
STATE OF TEXAS AND THE CITY OF PARIS, TEXAS, FOR THE
MAINTENANCE, CONTROL, SUPERVISION, AND REGULATION OF
CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS
1N THE CITY OF PARIS, TEXAS; PROVIDING FOR THE EXECUTION OF
SAID AGREEMENT; DECLARING AN EMERGENCY, MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby
in all things approved.
Section 2. That the certain agreement dated May 10, 2021, between the State of
Texas and the City of Paris, Texas, for the maintenance, control, supervision, and regulation
of certain State Highways and/or portions of State Highways in the City of Paris, Texas be
and the same is, hereby approved; and that the City Manager is hereby authorized to
execute said agreement of behalf of the City of Paris, Texas and to transmit the same to the
State of Texas for appropriate action.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 10th day of May, 2021.
®,® �,�I CITY
ATTEST: µ
nice Ellis, City Clerk
APPROVED AS TO FORM:
w.-
Ste.._ ...........,..
ph me H. Harris, City Attorney
Steven J "lifford, M.D., Mayor
MUNICIPAL MAINTENANCE AGREEMENT Form 1038
(Rev. 03112)
Page 1 of 6
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT made this day of 20 , by and between
the State of Texas, hereinafter referred to as the "State," party of the first part, and the City of
(population , 2010, latest Federal Census) acting by and through its duly authorized officers,
hereinafter called 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
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.
Forth 1038 (Rev. 03/12)
Page 2 of 6
COVERAGE
1. This agreement is intended to cover and provide for State participation in the maintenance and operation of the
following classifications of State Highways within the City:
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.
B. 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 changed with both parties' written concurrence. Additional
exhibits may also be added with both parties' written concurrence.
GENERAL CONDITIONS
1. 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 between the State and the City only. No person or entity may claim third party beneficiary
status under this contract or any of its provisions, nor may any non-party sue for personal injuries or property
damage under this contract.
3. 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 covered herein,
and this agreement shall supersede any existing Municipal Maintenance Agreements.
4. Traffic regulations, including speed limits, will be established only after traffic and engineering studies have been
completed by the State and/or City and approved by the State.
5. The State will erect and maintain all traffic 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 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
6. Subject to approval by the State, any State highway lighting system may be installed by the City provided the City
shall pay or otherwise provide for all cost of installation, maintenance, and operation except in those installations
specifically covered by separate agreements between the City and State.
Form 1038 (Rev. 03112)
Page 3 of 6
7. 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.
8. 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.
9. 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.
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
agreement will be covered under a separate agreement.
10. New construction of sidewalks, ramps or other accessibility related items shall comply with current ADA
standards. The city is responsible for the maintenance of these items.
11. If the City has a driveway permit process that has been submitted to and approved by the State, the City will
issue permits for access driveways on State highway routes and will assure the grantee's conformance, for
proper installation and maintenance of access driveway facilities, with either a Local Access Management Plan
that the City has adopted by ordinance and submitted to the State or, if the City has not adopted by ordinance
and submitted to the State a Local Access Management Plan, the State's "Regulations for Access Driveways to
State Highways" and the State's Access Management Manual. If the City does not have an approved city-wide
driveway permit process, the State will issue access driveway permits on State highway routes in accordance
with the City's Local Access Management Plan, adopted by city ordinance and submitted to the State or, if the
City has not adopted by ordinance and submitted a Local Access Management Plan, the State's "Regulations for
Access Driveways to State Highways" and the State's Access Management Manual.
12. The use of unused right-of-way and areas beneath structures will be determined by a separate agreement
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 "A."
State's Responsibilities (Non -Controlled Access)
1. 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.
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.
Form 1038 (Rev. 03112)
Page 4 of 6
4. Assist in snow and ice control to supplement City resources when requested by the City and if State resources
are available.
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 5). 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 cities with less than 50,000 population.
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)
1. 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.
2. Install and maintain all parking restriction signs, pedestrian crosswalks [except as provided in paragraph 6 under
"State's Responsibilities (Non -Controlled Access)', 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 5).
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.
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.
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."
Form 1038 (Rev. 03/12)
Page 5 of 6
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.
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 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 5, 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.
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
property damage and loss of investment, the City, without the necessity of approval 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 retain its responsibility for enforcing the control of access to the
expressway/freeway facility.
5. Install and maintain all parking restriction signs, pedestrian crosswalks (except as mentioned above in paragraph
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 5).
Form 1038 (Rev. 03112)
Page 6 of 6
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 terminate this agreement upon
30 days written notice. Upon termination, all maintenance and operation 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 and 23 United States Code Section 116.
Said State assumption of maintenance and operations shall be effective the date of execution of this agreement by
the Texas Department of Transportation.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of
on the day of .20 and the Texas Department of Transportation, on the day
of , 20
THE STATE OF TEXAS
ATTEST:
Executed and approved for the Texas Transportation
Commission for the purpose and effect of activating
and/or carrying out the orders, and established
CITY OF policies or work programs heretofore approved and
BYauthorized by the Texas Transportation Commission
(Title of Signing Official) BY
_._..__.......................................................m..m........................
mw.....mw�°r.----- ......
(District Engineer)
District
The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you
are entitled on request to be informed about the information that we collect about you. Under Sections 552.021 and
552.023 of the Government Code, you also are entitled to receive and review this information. Under Section 559.004 of
the Government Code, you are also entitled to have us correct information about you that is incorrect. For more
information, call 512/416-3048.
NOTE: To be executed in duplicate and supported by Municipal Maintenance Ordinance/Resolution and City Secretary
Certificate.
TRM: 194+1.891
TRM: 658+0.894
TRM: 702+0.084
TRM: 204+0.509
STATE OF TEXAS
DEPARTMENT OF TRANSPORTATION
EXHIBIT "A"
NON -CONTROLLED ACCESS HIGHWAYS
TRM: 204+0.968
IKM: ZV9+U.b31
STATE MAINTAINED AND OPERATED HIGHWAYS
ROADWAY LIMITS OUTSIDE OF LOOP 286
TRM: 6604-0.282
TRM: 710+1.761
TRM: 206+0. 157
US 82 (WEST): LP 286 TO 1.66 MILES WEST OF LP 286
US 82 (EAST): LP 286 TO 1.25 MILES EAST OF LP 286
US 271 (NORTH): LP 286 TO 3.54 MILES NORTH OF LP 286
US 271 (SOUTH): LP 286 TO 2.15 MILES SOUTH OF LP 286
SH 19/24: LP 286 TO 0.13 MILES SOUTH OF LP 286
FM 79: LP 286 TO 2.02 MILES NORTH OF LP 286
FM 195: LP 286 TO 3.05 MILES NORTH OF LP 286
FM 905: LP 286 TO 2.16 MILES SOUTH OF LP286
FM 1497: LP 286 TO 0.13 MILES SOUTH OF LP 286
FM 137: LP 286 TO 0.90 MILES SOUTH OF LP 286
FM 1508 US 271 TO 1.62 MILES NORTHEAST OF US 271
SP 139: LP 286 TO FM 195
TRM: 204+0.856
TRM: 206+0.122
PARIS, TEXAS
CITY LIMITS: ------
MARCH, 2013
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STATE OF TEXAS
DEPARTMENT OF TRANSPORTATION
EXHIBIT "B"
NO CONTROLLED ACCESS HIGHWAYS