2002-118-RES APPROVE/AUTHORIZE EXECUTION OF MUNICIPAL MAINTENANCE AGREEMENT BETWEEN THE STATE OF TEXAS AND COP
RESOLUTION NO. 2002-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF
A MUNICIPAL MAINTENANCE AGREEMENT BETWEEN THE STATE
OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF
TRANSPORTATION AND THE TEXAS TRANSPORTATION
COMMISSION, AND THE CITY OF PARIS; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
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 should be authorized to execute the
same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 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.
Section 3. That the Mayor 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.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 8th day of July, 2002.
~p;~
Michael J. Pfiest ,M r
ATTEST:
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Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
STATE OF TEXAS ~
COUNTY OF LAMAR ~
I, Mattie Cunningham, the duly appointed, qualified, and acting city clerk of the City of
Paris, Paris, Texas, hereby certify that the foregoing pages constitute a true and correct copy of
a resolution duly passed by the City Council at a meeting held on July 8, 2002, at Paris, Texas.
To certify which, witness my hand and seal of the City of Paris, Paris, Texas, this due 8th
day of July, 2002, at Paris, Texas.
~
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Mattie Cunningham, City Clerk
City of Paris, Paris, Texas
MUNICIPAL MAINTENANCE AGREEMENT
STATE OF TEXAS ~
COUNTY OF LAMAR ~
THIS AGREEMENT made this 8th day of July, 2002 by and between the State of Texas, hereinafter
referred to as the "State," party of the first part, and the City of Paris, Lamar County, Texas (population
25,898, as per year 2000 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 considered to mean all
numbered highways that are part of the State's Highway System.
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.
EXHIBIT A
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 liB,'
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.
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
Page 2 of 8
exceed the latest state breakaway standards and be in accordance with tht'fexas 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 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.
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 fight-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 accessability related items shall comply
with current ADA standards. The city is responsible for the maintenance of these items.
11. Should the City have a city-wide driveway permit 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
Page 3 of 8
permit process, the State may issue access driveway permits on State highway routes in
accordance with its "Regulations for Access Driveways to State Highways."
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.
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.
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 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 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 .
Page 4 of 8
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 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.
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 mGHW A YS
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"
Page 5 of 8
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 Condition in paragraph 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 paring.
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
Page 6 of 8
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 4).
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, 23 United States
Code ~ 116 and the State I s Interstate Maintenance Guidelines as approved by the Federal Highway
Administration in accordance with 23 CFR ~ 635, Subpart E.
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 Paris
on the 8th day of July, 2002, and the Texas Department of Transportation on the _day of
2002.
CITY OF PARIS, PARIS, TEXAS
THE STATE OF TEXAS
Michael J. Pfiester, Mayor
Executed and approved for the Texas Transportation
Commission for the purpose and effect of activating
and/or carrying out the orders, and established policies
or work programs heretofore approved and authorized
By the Texas Transportation Commission.
ATTEST:
By:
District Engineer
Mattie Cunningham, City Clerk
District
Page 7 of 8
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
NOTE: To be executed in duplicate and supported by Municipal Maintenance Ordinance/Resolution and
City Secretary Certificate.
Page 8 of 8
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EXHIBIT .A