Loading...
2053 RES PUBLIC CONVENIENCE, SAFETY AND NECESSITY OF COP REQUIRE STATE HIGHWAY ROUTESRESOLUTION N0. 2053 , WHEREAS, the public convenience, safety and necess.ity of the City of Paris, Paris, Texas, and the people of the City of Paris, re- quire that State Highway routes within the City be adequately man- tained; and, WHEREAS, the City of Paris has requested that the State of Texas, enter upon and contribute financially to the maintenance of said State Highway routes; 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 Highway routes, conditioned upon the provisions concerning liabilities and responsi- bilities Eor maintenance, control, supervision and regulation, which are set out in the "MUNICIPAL MAINTENANCE AGREEMENT", dated September 8, 1980, attached hereto as Exhibit A; and, WHEREAS, said routes consist of those State Highways and/or portions thereof, which are described and included in said Municipal Maintenance Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That Michael E. Malone, Mayor of the City of Paris, be, and he is hereby authorized to execute on behalf of the City of Paris, the contract with the State Department of Highways and Public Transportation, providing for maintenance by the State of Texas of Texas Highways within the corporate limits of the City of Paris, upon the terms and conditions and in the form shown in Exhibit A attached hereto. Passed and adopted this Sth day of September, 1980. Mic ael of4aloneayor , ATTEST: ~ H. C. Gree e, City Clerk jAPPROVED TO FORM: T. K. Haynes, City Attorney Form 1038 (Revised 2/77) MUNICIPAL MATNTENANCE AGREEMENT STATE OF TEXAS X COUNTY OF TRAVIS X THIS AGREEMENT made this 8th day of September , 19 80 , 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 25,148 , 19_77 , Res luti n 12-12-77 ~x~ acting by and through its duly authorized officers, hereinafter called the "City", party of the second part. W I T N E S S E T H WHEREAS, the City has requested the State to assist in the mainte- nance of State Highway routes within such city; and WHEREAS, the Engineer-Director, acting for and in behalf of the State Highway and Public Transportation Commission, has made it known to the City that the State will assist the City in the maintenance, control, supervision, and regulation of State Highway routes 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: A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of the mutual convenants and agreements of the parties hereto to be by them respect- ively kept and performed, it is agreed as follows: Coverage l. This agreement is intended to cover and provide for State partici- pation in the maintenance of the following classification of State Highway routes within the City: -1- EXHIBIT A Form 1038 (Revised 2J77) 1. A. Non-Controlled Access routes or portions thereof w:zich are de- scribed and/or graphically shown as "State Maintained" routes in Exhibit "A", which is attached hereto and made a part hereof. designated by the State Highway and Publi ation Com- mission as Controlled Acce - s and which are described 2. The City shall retain full responsibility for the maintenance of those State Highway routes and portions thereof which are listed and/or graphically shown in Exhibit "A" as "City Maintained" routes, except that the State is hereby authorized by the City to erect and maintain normal route markers and direction- al and destination signs thereon for directian of highway traffic. 3. In the event that the present system of State Highway routes with- in the City is changed by cancellation, modified routing, new routes, or change in the City's corporate limits, the State shall terminate maintenance and this agreement sha11 become null and void on that portion of the routes which are no longer routes of a State Highway; and the full effect and all conditions of this agreement shall apply to the changed routes or new routes of the State Highways within the City and shall be classified as "State Maintained" under paragraph 1 above, unless the execution of a new agreement on the changed portion of the routes is requested hy either the City of the State. GENERAL CONDITIONS 1. The City hereby agrees and does hereby authorize the State to maintain the State Highway routes covered by this agreement in the manner set out herein. 2. This agreement shall supplement any special agreements between the State and the City for the maintenance and/or construction of the highways covered herein and this agreement shall supersede any ex- isting Municipal Maintenance Agreements. 3. Traffic regulations including speed limits, will be established and fixed by agreement with the State after traffic and engineer- ing surveys have been conducted. 4. It is mutually agreed that, subject to approval by the State, any street lighting system may be installed by the City provided the City shall pay all cost of installation, maintenance and operation except in those installations specifically covered by separate agreements between the City and State. -2- 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- Form 1038 (Revised 2--77) 10. It is understood that the use of unused right of way and areas be- neath structures will be as determined by a separate agreement. 11. On those State Highway routes and portions thereof which are list- ed and/or graphically shown on Exhibit "A" a-nd "al' as "City Maintained" routes, the City agrees to perform biennial in- spections of all bridges and bridge classified culverts not later than July 1 of each even numbered year, and to provide inspection and inventory data to the State; all in accordance with National Bridge Inspection Standards. NON-CONTROLLED ACCESS HIGHWAYS State's Responsibilities 1. Maintain the pavement, base and its support and maintain the shoulders on those sections where there is no curb and gutter, 2. Install and maintain normal highway markings necessary for direct- ing highway traffic in a safe and efficient manner, which shall include normal route markers, directional and destination signs, city limit signs, school safety devices including school cross- walks (in cities urider 15,000 population on.ly), center line, lane line and no-passing barrier line stripes, and such other pavement markings cansidered necessary for direction of traffic, except pe- destrian crosswalks. Any other traf.fic striping desired by the City may be placed and maintained by the City subject to the ap- proval of the State. 3. Assist the City in sweeping and othe naise cleaning the pavement, in mowing and cleaning of litter; and in maintenance of roadway ditches, on those sections of State Highway routes where and to the extent that such duties are delineated on Exhibit "A". 4. Assist in snaw and ice control as availability of labor and equip- ment will allow. Citv's Responsibilities 1. Prohibit angle parking, except upon-written approval by the State after traffic and engineering surveys have been conducted to de- termine that the roadway is of sufficient width to permit angle parking without interfering with the free movement of L-raffic. 2. Install and maintain all parking restriction signs, school safety devices including school crosswalks (in cities over 15,000 popula- tion only), pedestrian crosswalks, parking stripes and special guide signs when agreed to by the State. Signing and marking of -4- Form 1038 (Revised 2-77) intersecting city streets to State Highway routes will be the full responsibility of the City. 3. Require installations, repairs, removals or ly or privately owned utilities or services cordance with State Department of Highways tion specifications and subject to approval adjustments of public- to be performed in ac- and Public Transporta- of the State. 4. Retain all functions and responsibilities for maintenance, con- trol, supervision, and regulation which are not specifically de- scribed as the responsibility of the State. The assistance by the State in maintenance of roadway ditches does not relieve the City of its responsibility for drainage of the highway facility within its corporate limits except where participation by the State other than above is specifically covered in a separate agreement between the City and the State. -5- Form 1038 (Revised 2-77) Termination l. It is understood and agreed between the parties hereto that all obligation of the State created herein to maintain the State High- way routes covered by this agreement shall terminate if and when they are no longer routes of State Highways; and further, that should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon thirty days written notice. Said State assumption of maintenance shall be effective the date of ex- ecution of this agreement by the State Department of Highways and Pub- lic Transportation. IN WSTNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Paris on the 8th day of September , 1980 , and the State Department of Highways and Public Transportation on the day of ATTEST: H. C. Greene, City Clerk A.PPROVAL RECOMMENDED : District Engineer, District 1 Engineer of Maintenance , 19 . CITY OF PARIS BY tc ae E. a one Mayor (Title of Signing Official) STATE OF TEXAS Certified as being executed for the purpose and effect of acti- vating and/or carrying out the orders, established policies, or work programs heretofore ap- proved and authorized by the State Department of Higfiways and Public Transportation. BY Chief Engineer of Safety and Ma,intenance Opera.tions Note: To be executed in triplicate and supported by Municipal Mainte- nance Kesolut.iotl and Certificate of City Clerk. -6- EXEIBIT "A" Non-Controlled Access Highways I. State Maintained: (base) surface, structures, and assist in mowing, clean up litter, sweeping, and maintena.nce of roadway ditches.) A. US Highway 82: From the west City limit to the east City limit. B. US Highway 271: FYom the junction with US Highway 82 east to the southeast City limit. C. Loop Highvray 286: From the junction with US Highway 82 west to the junction with US Highway 271 southeast. D. Loop Highway 469: From the junction with US Highway 82 west along Bonham Street to the junction with Thirty-Fourth Street; and From the junction with Thirty third Street Southeast along Lamar Avenue to the junction with US Highway 82 east. E. Loop Highway 480: From the junction with Thirty Third Street Sou.theast along Clarksville Street to the junction with US Highway 271 Southeast. F. Spur Highway 139: From the junction with US Highway 82 to the junction with Fri xignWgy 195. G. FM Highway 137: From the southwest City limit a.long Ninteenth Street Southwest to the junction with West Sherman Street. H. FM Highway 79: From the north City limit along Ninteenth Street Northwest to the junction with Bonham Street. I. FM Highway 195: F'rom the northeast City limit a1ong Twentieth Street Northeast to the junction with Harrison Street. J. ifii Highway 905: 1rom the sout'rleast City limit to the junction with Loop Highway 286. K. FM Highway 11+97: From the south City limit to the ,junction with State Highway 19. L. FM Highway 1507: From the junction with FM Highway 905 to 700 feet west of the junction with South Collegiate Drive. M. FM Highway 1508: From the junction with US Ilighway 271 Lo the ea.st City limit. II. State Mainta.inted: (base, surface, structures, and assist in sweeping.) A. US Highway 271: From the north City limi.t along North Main Street to the junction with US Highway 82. B. Loop Highway 469; From the junction with Thirty rourth Street along Bonham Street to the junction with Seven+h Street; arld From the junction with Twelfth Street along Lamar Avenue to the ju_nction with Thirty Third Street Southeast. C. Loop Highway 480: From the junction with iJS Highway 82 along North Main Street to the junction with Pine Bluff Street; and From the ,junctian with Twelfth Sf,reet Southeast along Clarksville Street to the ,junction with Thirty Third Street Southeast. D. Sttite IIighway 19: From the ,junction with Shr}rm<in Street along South Main Street to the junction with Hearn Avenue, alorig Heurn Avenue to the junction wit:i South Cnurch Street, and along South Church Street to the south City limit. E. F'M Highway 137: From the ,junction with West Sherman Street along Ninteenth Street Southwest to the junction with Bonham Street: F. FM Highway 195: From the junction with Harrison Street along Twentieth Street Northeast to the junction with Lama.r Avenue. G. Fhi Highway 1507: From the junction with :'Oouth Church Street along Evergreen Street and Jefferson Road to 700 feet west of the Junction with South Collegiate Drive. III. City Maintained: (sta.te will install and maintain route markers and destination signs for through traffic.) A. Loop Highway 4E9: From the junction with Twelfth Street along Lamar Avenue, North Side Plaza, and Bonham Street to the junction with Seventh Street; From the junction of Bonham Street and Seventh Street along Seventh Street Southwest to the junction with Grand Avenue; From the junction of seventh Street Southwest and Grand Avenue along Grand Avenue, South Side Plaza, and Clarksville Street to the junetion with Twelfth Street Southeast; and From the junction of Clarksville Street and Twelfth Street Southeast along Twelftn Street 5outheast to Lamar Avenue. B. Loop Highway 480: From the junction of North Main Street and Graham Street along Graham Street to the junction with First Street Northwest; From the junction of Uraham Street and First Street Northwest along F'irst Street Northwest and west side Plaza to the southwest corner of the Ylaza; and From the southeast corner of the Plaza along the east side Ylaza and Pdorth DSain Street to the Junr_tion with Pine Bluff Street. C. State Highway 19: From the southwest corner of the Plaza along First Street Southwest to the iunction with Hearn Avenue; From the junction of First Street Southwest and 3fearn Avenue along Hearn Avenue to the junction with South Main Street; and From the junction of Sherman Street and Sout}1 Main SLreet along South ?Zain Street to the southeast corner of the Plaza.