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HomeMy WebLinkAboutO-283-12-79Form 1037-1 MUNICIPAL MAINTENANCE ORDINANCE No. 283 AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF ALUM , COUNTY OF CM11e TEXAS, HEREBY REFERRED TO AS MUNICIPAL MAINTENANCE PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OR OTHER AUTHORIZED CITY OFFICIAL, TO EXECUTE AND AFFIX THE CORPORATE SEAL AND ATTEST SAME. A CERTAIN AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS, PROVIDING FOR THE MAINTENANCE AND USE OF THE SAID MAINTENANCE PROJECT: AND DE- CLARING AN EMERGINCY AND PROVIDING THAT THIS ORDINANCE SHOULD BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, the Public convenience, safety and necessity of the City, and the people of the City require that State Highway routes within the City be adequatev maintained; and WHEREAS, the City has requested that the State of Texas, enter upon a d contribute financially to the maintenance of said project; and WHEREAS, the State of Texas has made it known to the City that it will, with its own forces and equipment and at its sole cost and expense, enter upon and maintain said project, conditioned upon the provisions concerning liabilities and responsibilities for maintenance, control, supervision, and regulation which are set out in the form attached hereto, made a part hereof, and marked "MUNICIPAL MAINTENANCE AGREEMENT"; and WHEREAS, said project consists of those State Highways and/or portions thereof which are described and included in the form attached hereto and marked "MUNICIPAL MAINTENANCE AGREEMENT." NOW, THEREFORE, BE IT ORDAINED by the CiT'Y' OF ALLEN SECTION 1. That the public convenience, safety and necessity of the City and the people of the City require said project be adequately maintained. SECTION 2. That the State of Texas be and is hereby authorized to enter upon and maintain said maintenance project. SECTION 3. That the Mayor, or proper City official, of the City, be and is hereby authorized to execute for and on behalf of the City an agreement with the State of Texas, in accordance with and for the purpose of carrying out the terms and provisions of this order, in the form attached hereto, made a part hereto, and marked "MUNICIPAL MAINTENANCE AGREEMENT." The City Secretary is hereby directed to attest the agreement and to affix the proper seal of the City thereto. SECTION 4. The Mayor of the City, having requested in writing that this ordinance take effect forthwith and there being in fact an emergency and imperative necessity that the work herein provided for be begun and carried out promptly and with expedition and that the agreement aforesaid shall be immediately made, executed and delivered "--o the end that such work herein provided for may be begun and carried out promptly and with expedition. The reading of the ordinance on three several days is hereby dispensed with and the same shall be in full force and effect from and after its passage. STATE OF TEXAS 0 COUNTY OF COLLIE i Form 1037-2 I, Juanelle Cooksey , the duly appointed, qualified and acting city secretary of the City of ALLEN , 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 December 6 , A.D., 19 79 , at 7: 30 o'clock P • M. To certify which, witness my hand and seal of the City of ALM TEXAS, this due 7th day of DecemberJ,1979. , at ALLEN Texas. C3of the City of ALLEN Texas MUNICIPAL MAINTENANCE AGREEMENT STATE OF TEXAS x COUNTY OF TRAVIS X Form 1038 (Revised 2/77) THIS AGREEMENT made this 6th day of December , 19 79 , by and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of ALLEN COLLIN County, Texas (population 1,940 , 19 70 , Federal Census) 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 1. 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- Form 1038 (Revised 2/77) 1. A. Non -Controlled Access routes or portions thereof which are de- scribed and/or graphically shown as "State Maintained" routes in Exhibit "A", which is attached hereto and made a part hereof. B. All State Highway routes or portions thereof which have been designated by the State Highway and Public Transportation Com- mission 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. 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" and Exhibit "B" 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 direction 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 shall 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 by 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 outside 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 will 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" and Exhibit "B" 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 under 15,000 population only), center line, lane line and no -passing barrier line stripes, and such other pavement markings considered necessary for direction of traffic, except pe- destrian crosswalks. Any other traffic 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 otherwise 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 snow and ice control as availability of labor and equip- ment will allow. City'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 traffic. 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 adjustments of public- ly or privately owned utilities or services to be performed in ac- cordance with State Department of Highways and Public Transporta- tion specifications and subject to approval 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) CONTROLLED ACCESS HIGHWAYS The following specific conditions and responsibilities shall be appli- cable to controlled access highways in addition to the "General Condi- tions" contained herein above. Routes of controlled access highways or portions thereof covered by this section are those listed and/or graph- ically shown in Exhibit "B". State's Duties 1. Maintain the traveled surface of the through lanes, ramps and frontage roads and those things beneath such traveled surface nec- essary for the proper support of same under vehicular loads en- countered. 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 ex- ist, 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 as- sist in these operations as the availability of equipment and la- bor will allow on the frontage roads and separation structures or roadways. 5. Erect and maintain all normal markings and signs necessary for the proper use of the facility and direction of traffic thereon. 6. Maintain all drainage facilities within the limits of the right of way. City's Duties 1. Restrict parking on frontage roads to parallel parking on one side only and 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 and tak- ing 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 providing for one-way traffic on the frontage roads except as may be otherwise agreed to by separate agreements with the State. -5a- Form 1038 (Revised 2-77) 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 imme- diate action is necessary for protection of the public and to min- imize property damage and loss of investment, the City, without the necessity of approval by the State, may at its own responsibi- lity and risk make necessary emergency utility repairs, notifying the State of this action as soon as practicable. 4. Pass necessary ordinances and retain its responsibility for en- forcing the control of access to the Freeway facility. -5b- Form 1038 (Revised 2-77) Termination 1. 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 WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of ALLEN on the 6th day of December , 19 X79, and the State Department of Highways and Public Transportation on the_ ay of 11 C'_ oA , in A EST : CITY OF LisN r` � BY CITY SEUSTARY MAYOR Title of Signing Official) APPROVAL RECO NDED: r District Engineer, District 18 Engineer of Maintenance 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 thorized b the State De t of g ways and P ran on. BY ie&FEnginee'r of Safety & Maintenance Operations Note: To be executed in triplicate and supported by Municipal Mainte- nance Ordinance and Certificate of City Secretary. -6- EXHIkT""A" z 3 F -NON CONTROLLED ACCESS HIGHWAYS' ` M I`:-. STATE `MAINTAINED M A•. STATE HIGHWAY 5 From northeast city' Limit .to southwest city limit, h •_(base,,surfacs, assist in sweeping, mowing, clean-+ • ing litter and in maintenance of.roadway ditches). rt r ME. FARM TO MARKT 2170' From west city limit along south Third Street -to '� West"Avenue "C";_aldng.Weit Avenue "C" to First a z Street; along First, Street td east city limit= (base, surface, -assist ins sweeping, mowing, dean-- '. in&'litter and in maintenance bf roadway ditches).. ` • C: -FARM TO RARRET'.2551 From south city limit to inter4'ection of,F.M.2170 ' (base, -surface, desist -in sweeping, mowing, clean- s" ing litter and in maintenance of roidway.ditiches)'. • as -• ,r . : �+` � . _ II. CITY MAINTAINED None _ • gXHIBIT- "g•► ,. • c . • ,. • ." ! 231 � ' ., r � v,, • ' � 4 + a ... • i 1. ..., CONTROLLED ACCESS HIGHWAYS ' • r ., I. -ST&E. MAINTAINED !� A; U,. S' 75 -Fromx south city i1mit to i►orth' city limit y Ii. CITY MAINTAINED ,' - •None r ' • tl:. + • N poP 5.1935; 1 I X001 5J Pop a f,3 l CIL r W% I tl 75 %K -mfful . ' uLL ALLEN I 2478 / _ - ''POP 1.940 r. I r ,l 1 1' � ,rc,r 2170 - -- r 2170 i en � ti' •_ r h , 'O } -rnsi ri rsr,I -.'" '�.= rz`�'•' i. - t rr t 5_ t 1 r- alpPORT POP 5Q0(IST } ` I LEGEND owmaB� EXHIBIT "A" NON CONTROLLED ACCESS HIGHWAYS 2478 __/ 11 O STATE MAINTAINED (BASE, SURFACE, ASSIST IN SWEEPING31 `— MOWING, CLEANING LITTER, AND IN �c I b 75 5 ^7 MAINTENANCE OF ROADWAY DITCHES) � •� O CITY MAINTAINED - NONE ;'—J I I I' J \ —'•`• 1 `1—t 1 L 5 a 4�--La.,_ � - � !_—�•r,.,,,.,.„ L( v / _ t 4 /FAIRVIEW , 3'8 1 POP 462 r•n �-r. I � �f / �v f J KiTI — '--. 1 Wes75 el :ALLEN 2478 POP 1,940 J _ 2170 1 ll J�� 1 ( t- 2170 i �fIL 1 /Aien 1 t t , 1 , n r -i1 r _ •ter rc PARKER L POP 500 (E 5' b � � 1 \ Owrno Br 25 1 j •'• r i _ _ �p II 2478 - - { _ , I Legend - 5.7� �_ Exhibit "B75 L •' Controlled Access Highways l Q State Maintained None- City Maintained 544 �• —� . — — 4 1� �' AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing of which the attached is a true and written copy,, and which was published in THE ALLEN AMERICAN on dLC�f'l/� Ufa. 2 9,,/ and which was issued on/, by of Collin County, Texas. A printed copy of said pubhcation is attached hereto. SUBSCRIBED AND SWORN to before me this / Publisher's Fee $ 12, , A.D. 19 90. Public in and for Collin County LEGAL NOTICES ==------ MUNICIPAL MAINTENANCE ORDINANCE NO. 283 An .Ordinance providing for the Maintenance of Car. 1 lain State Highways and -or Portions of State Highways In the City of Allen, County`s of Collin, Texas, hereby referred to as Municipal Maintenance Project and authorizing the Mayor of the City or other authorized city, Official, to execute and affix the Corporate Seal and At. test same. A certain agree- ment between the City and the State of Texas, pro. viding for the maintenance and use of the said maintenance project: and declaring an emergency and providing that this Or. dinance should be effective from -and after Its passage. Said State assumption of maintenance shall be effec. tive the date of execution of this agreement by the State Department of Highways and Public Transportation. IN WITNESS WHEREOF, the parties have •.hereunto, - affixed their signatures, the City of Allen on the 6th day of December, 1979, and the State Department of Highways and Publib Transportation. — M F i City of Allen, M.B. Pierson, Mayor ,Attest: Annelle Cooksey, Clty Secretary (Published In The Alien American, Wednesday, December 26, 1979).