Res 1783 3/16/1976RESOLUTION NO. 47e45
RESOLUTION PROVIDING FOR THE MAINTENANCE OF CERTAIN
STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN
THE CITY OF WICHITA FALLS, COUNTY OF WICHITA, TEXAS,
HEREBY REFERRED TO AS MUNICIPAL MAINTENANCE PROJECT,
AND APPROVING A CERTAIN AGREEMENT BETWEEN THE CITY
AND THE STATE OF TEXAS, PROVIDING FOR THE MAINTENANCE
AND USE OF THE SAID MAINTENANCE PROJECT, AND AUTHOR-
IZING THE CITY MANAGER TO EXECUTE THE SAME.
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 adequately maintained; and,
WHEREAS, the City has requested that the State of Texas
enter upon and 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 RESOLVED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The public convenience, safety and necessity
of the City and the people of the City require said project
be adequately maintained.
SECTION 2. The State of Texas be and is hereby authorized
to enter upon and maintain said maintenance project.
SECTION 3. The City Manager of the City be and he 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 hereof, and marked "MUNICIPAL
MAINTENANCE AGREEMENT" . The City Clerk is hereby directed to
attest the agreement and to affix the proper seal of the City
thereto.
SECTION 4. This resolution is effective immediately upon
its passage.
PASSED AND APPROVED this the 16th day of March, 1976.
M
ATTEST:
OP
411P
CITY CLERK
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MUNNICIPAL MAINTENANCE AGREEMENT
STATE OF TEXAS O
COUNTY OF TRAVIS O
THIS AGREEMENT made this day of 19
by and between the State of Texas, hereinafter referred to as the "State", party
of the first part, and the City of Wichita Falls Wichita
County, Texas (population 97,564 1970 Federal Census) acting by and
through its duly authorized officers, hereinafter called the "City", party of the
second part.
WITNESSETH
WHEREAS, the City has requested the State to assist in the maintenance
of State Highway routes within such city; and
WHEREAS, the State 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 responsi-
bilities of the parties thereto:
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual
convenants and agreements of the parties hereto to be by them respectively kept
and performed, it is agreed as follows:
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Coverage
1 . This agreement is intended to cover and provide for State participation
in the maintenance of the following classification of State Highway
routes within the City.
A. Non-Controlled Access routes or portions thereof which are described
and/or graphically shown in Exhibit "A" , which is attached hereto
and made a part hereof.
B. All State Highway eutes or portions thereof which have been designated
by the State i gh .;ay and Public Transportation Commission as Controlled
Access Hir'Hways ar;d which are described and/or graphically shown in
Exhibit 13' , wki c'l i attached hereto and made a part hereof.
2. The City shall retain full responsibility fns' the maintenance of those
State Highway routes and portions thereof which are listed and/or graphically
shown in Exhibit "A" as "Congested Downtown Sections" , except that the
State is hereby authorized Ly the City to erect and maintain signs thereon
for direction of highway traffic.
3. In the event that the present system of State Highway routes within 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 unless the execution of a
new agreement on the changed portion of the routes is requested by either
the City or 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 existing agreements between the State and the
City for the maintenance or construction and maintenance of the highways covered
herein.
3. Traffic regulations including speed limits , will be established and fixed by
agreement with the State after traffic and engineering 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 bettleen the City and the State.
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
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tnrough 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 maintained streets
which exceed the legal limits for either weight, length, height or width, as
prescribed in Vernon's Penal Code 827a for public highways outside coporate
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 encroachments when requested
by the State except where spe :iically authorized by separate agreement; and
prohibit the planting of tees shrubbery or the creation or construction of
any other obstruction widhi°1 the right of way without prior agreement with the
State.
8. The City agrees that traffic control devices , such as stop and slow signs, traffic
signal lights and other types of devices for traffic control , in respect to type
of device, point 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 control device which will affect or influence the utility
of the State Highway routes without having obtained in 'iriting the prior approval
of the State. Traffic control devices installed prior '.o the date of this agree-
ment 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 theState. It is understood that future traffic signal lights installed as a joint
project by the City and State will be the subject of a separate agreement out-
lining the responsibilities for installation and maintenance.
9. The City agrees to continue its responsibility for proper construction, mainte-
nance and control of access driveway facilities in accordance with "Regulations
for Access Driveways to State High!-ways" adopted by the State Department of
Highways and Public Transportation or in accordance with other standards and
specifications for the design, construction and maintenance details subject to
approval by the State Department of Highways and Public Transportation.
10. It is understood that the use of unused right of way and areas beneath structures
for parking, will be the responsibility of the City as determined by a separate
agreement.
NON-CONTROLLED ACCESS HIGHWAYS (EXHIBIT A)
State's Responsibilities
1 . Maintain the pavement, base and its support, except on the "Congested Downtown
Section". Maintain the shoulders on those sections thin are basically "Non-
Curb and Gutter Type Sections" (See Exhibit "A").
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2. On "Basically Non-Curb and Gutter Sections", and on "Basically Curb and Gutter
Sections", install and maintain normal highway markings necessary for directing
highway traffic in a safe and efficient manner, which shall include normal route
markers, directional and destination signs, center line, lane line and no-passing
barrier line stripes, and such other pavement markings considered necessary for
direction of traffic, except crosswalks. Any other traffic striping desired by
the City may be placed and maintained by the City subject to the approval of the
State.
3. Assist the City in mowing and cleaning of litter on "Basically Non-Curb and
Gutter Type Sections" (See Exhibit "A").
4. Assist the City in maintenance of roadway ditches on "Basically Non-Curb and
Gutter Type Sections" (See Exhibit "A") .
5. Assist in snow and ice control as availability of equipment and labor will allow,
except on "Congested Downtown Sections".
6. Installation and maintenance of route markers and directional and destination signs
for direction of highway traffic on "Congested Downtown Sections" (See Exhibit
A").
City's Responsibilities
1 . Prohibit angle parking, except upon written approval by the State after traffic
and engineering surveys have been conducted to determine that the roadway is of
sufficient width to permit angle parking without interfering with the free move-
ment of traffic.
2. Require installations, repairs, removals or adjustments of publicly or privately
owned utilities or services to be performed in accordance with the State
Department of Highways and Public Transportation specifications and subject to
approval of the State.
3. Retain all functions and responsibilities for maintenance, control , supervision,
and regulation which are not specifically described 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.
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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. Routes of controlled access highways or portions thereof covered by this
section are those listed and/or graphically 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 necessary for the proper support
of same under vehicular loads encountered.
2. Mow and clean-up litter on the entire right of way width.
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, ramps, 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. Rettricted 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 taking other appropriate action in addition to full
compliance with current laws on parking.
2. 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.
3. Secure or cause to be secured the approval of the State before any utilityinstallation, 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 practicable.
4. Pass necessary ordinances and retain its responsibility for enforcing the control
of access to the Freeway facility.
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Termination
1. It is understood and agreed between the parties hereto that all obligation of
the State created herein to maintain the State Highway 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 execution of
this agreement by the State Department of Highways and Public Transportation.
I"d WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City
of on the day of
19 __, and the State Department of Highways and Public Transportation on the
day of 19
ATTEST: CITY OF
BY
Title of Signing Official)
STATE OF TEXAS
APPROVAL RECOMMENDED: 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
District Engineer, District by the State Highway and Public Transportation
Commission.
By:
Chief Engineer of Maintenance Operations
Note: To be executed in triplicate and supported by Municipal
Maintenance Ordinance and Certificate of City Secretary.
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