94-14 O - Municipal Maintenance Ordinance with Texas Department of Transportation •
SAFETY AND MAINTENANCE OPERATIONS DIVISION MANUAL
Form 1037-1
MUNICIPAL MAINTENANCE ORDINANCE #9 4- 14
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AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF- CERTAIN STATE
HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF
PROSPER , COUNTY 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 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 DECLARING AN EMERGENCY 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 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 ORDAINED by the CITY OF PROSPER
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 i, 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 autho-
rized 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 propegseal of the City
thereto. (1 of 2)
Plate V-21
.5-108
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SAFETY AND MAINTENANCE OPERATIONS DIVISION MANUAL
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 to 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.
Form 1037-2
STATE OF TEXAS
COUNTY OF COLLIN
SHIRLEY JACKSON , the duly appointed,
qualified and acting city secretary of the City of PROSPER , 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 SEPTEMBER 13, , A.D., 19 94
at 7:00 o'clock P• M.
To certify which, witness my hand and seal of the City of PROSPER , TEXAS,
this due 13th day of SEPTEMBER 19 94 , at PROSPER Texas.
City ecret of t i
/
PROSPER Texas
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(2 of 2) 'f
Plate V-21
. 5-109
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Depsp9
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oy 7mnspafsWnn -
Form 1038 Rev.3/94
Previous versions are obsolete.
DHT#122504
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Municipal Maintenance Agreement
STATE OF TEXAS *
COUNTY OF TRAVIS *
THIS AGREEMENT made this • ... C day o, , 19 9 L ,by and
between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City
of PROSPER , C O L L I N County,Texas (population
1 , 10 0 19 9 0 ,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 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, 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:
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:
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
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 Texas
Transportation Commission as Controlled Access Highways and which are described and/or
graphically shown in Exhibit`B", which is attached hereto and made a part hereof.
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Form 1038 Rev.3/94
Previous versions are obsolete.
2. 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 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 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.
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2. The City shall retain full responsibility for all items that affect property rights, life, health, etc., of
property owners and dwellers adjacent to the State Highway routes and portions thereof.
3. 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 existing Municipal Maintenance Agreements.
4. Traffic regulations,including speed limits, will be established after traffic and engineering surveys
have been conducted.
5. The State will erect and maintain all traffic signs necessary to regulate, warn and guide traffic on
highway routes in a safe and efficient manner.
6. 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.
7. 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.
8. • 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 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. -
9. 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 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.
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Form 1038 Rev.3/94
Previous versions are obsolete.
10. The City agrees that traffic control devices, such as signs, traffic signals and pavement markings, in
respect to type of device, points of installation and necessity will be determined by traffic and
engineering surveys.The City agrees that it will not install,maintain or permit the installation of any
type of traffic control device which will affect or influence the utility of the State Highway routes
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 utility of the State Highway routes unless their continued
use is approved in writing by the State.It is understood that approval for future installations of traffic
control signals by the State or as a joint project with the City, will be indicated by signature of the
plans.
11. The City agrees to assure the grantee's conformance, for proper construction and maintenance of
access driveway facilities,in accordance with"Regulations for Access Driveways to State Highways"
adopted by the Texas Department of Transportation or in accordance with other standards and
specifications for the design, construction and maintenance details subject to approval by the Texas
Department of Transportation.
12. It is understood that the use of unused right of way and areas beneath structures will be as determined
by a separate agreement. -
13. On those State Highway routes and portions thereof which are listed and/or graphically shown on
Exhibit"A" as "City Maintained"routes, the City agrees to provide bridge inspection and inventory
data to the State in accordance with National Bridge Inspection Standards.
Non-Controlled Access Highways
The following specific conditions and responsibilities shall be applicable to non-controlled access highways
in addition to the"General Conditions"contained herein above.Routes of non-controlled access highways or
portions thereof covered by this section are those listed and/or graphically shown in Exhibit"A".
State's Responsibilities
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.
3. Assist in sweeping and otherwise cleaning the pavement.
� 4. Assist in snow and ice control.
5. Maintain drainage facilities within the limits of the right of way.
6. Install and maintain normal regulatory warning and guide signs and normal markings for-directing
highway traffic in a safe and efficient manner.This includes school safety devices,school crosswalks
and crosswalks installed in conjunction with pedestrian signal heads.It does not include other pedestrian
crosswalks.Any other traffic striping desired by the City may be placed and maintained by the City
• subject to the approval of the State.
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Form 1038 Rev.3/94
Previous versions are obsolete.
7. Install, operate and maintain traffic signals in cities with less than 50,000 population.
8. Install all Federally-funded, off-system traffic signals and on-system traffic signals in cities greater
than 50,000 population.
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 movement of traffic.
2. Install and maintain all parking restriction signs, pedestrian crosswalks, parking stripes and special
guide signs when agreed to by the State and traffic signals in cities with over 50,000 population.
Signing and marking of intersecting city streets to State Highway routes will be the full responsibility
of the City.
3. 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.
4. Maintain highway drainage facilities outside the limits of the right of way.
5. 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.
6. Maintenance and operation of all Federally-funded, off-system traffic signals and on-system traffic
signals in cities greater than 50,000 population.
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 Responsibilities
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.
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Form 1038 Rev.3/94 • •
Previous versions are obsolete.
3. Sweep and otherwise clean the through lanes,ramps, separation structures or roadways and frontage
roads.
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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 separation structures or
roadways.
5. Install and maintain all normal markings and signs on the main lanes and frontage roads necessary for
the proper use of the facility and direction of traffic thereon. 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.,
7. Maintain all drainage facilities within the limits of the right of way.
City's Responsibilities
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 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 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 and retain its responsibility for enforcing the control of access to the freeway
facility.
Termination
r-.
1. It is understood and agreed between the parties hereto that all obligations 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 30 days written notice.
Said State assumption of maintenance shall be effective the date of execution of this agreement by the Texas
Department of Transportation.
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Form 1038 Rev.3/94
Previous versions are obsolete.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of
PROSPER on the 13th day of S PTEMBER , 19 94 , and the Texas
Department of Transportation on the 02/-P'rday of L-<- , 19 .
ATT ST: CITY OF PROSPER
By
MAYOR
(Title of Signing Official)
THE STATE OF TEXAS
APPROVAL COMMENDED:
Certified as being for the purpose and effect of
activating and/or carrying out the orders,
established policies,or wcrk programs heretofore
approved and authorized by the Texas
District En Transportation Commission under the authority
DALLAS . District of Minute Order No. 100002
By r
Director,Construction and Maintenance
NOTE: To be executed in triplicate and supported by Municipal Maintenance Ordinance and Certificate of
City Secretary.
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EXHIBIT "A" '
NON-CONTROLLED ACCESS HIGHWAY
I. STATE MAINTAINED
A. S.H. 289:
From the North City Limit to the South City, Limit (Base,
pavement, highway markings, assist in mowing and cleaning
' up litter, sweeping and assist in maintenance of roadway
ditches) . -
B. B.S. 289-D:
From the North City Limit over Coleman - Street to the
South City Limit (base, pavement, highway markings,,
assist in mowing and cleaning up litter, sweeping and
assist in maintenance of roadway ditches) .
C. F.M. 1193.:
From the intersection of B.S. 289 , over Broadway
Street, to the East City Limit (Base, pavement, highway
markings, assist in mowing and cleaning up litter,
sweeping and assist in maintenance of roadway 'ditches) .
II. CITY MAINTAINED S
None ,
EXHIBIT "B"•
S
CONTROLLED ACCESS HIGHWAY
I. STATE MAINTAINED
\/
None
II. CITY MAINTAINED -
None
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—33'20—— : _ ,1 /s.�II — : !_,,. FAST ": NON-CONTROLLED ACCESS HIGHWAY •
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... r I a '!!4,11 4,•,glat* -.7; • ) '•.r•.. .. ,,u 'I I. STATE MAINTAINED
r '.
'- ., -`... 1�1,I , ; , ,O �,' - I ' I, 'i A. S.H. 289:
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{;i II) / • 124781 -'f .� �� r,;;� - From the North City Limit to the South City Limits (Base,
KEEI ' - ) / ���'�,11` I'J° pavement, highway markings, assist in mowingand cleaning
IYYY' u litter, sweeping and assist in maintenance of roadway
'/ l) /' SCS J 2 ,,' B. B.S. 289-D: -
f ,
s / I l 11 h .,.•
c I �, i i i�/ 1 i/ • I ( / • f / From the North City Limit over Coleman Street to the
if 1 £ { ,, f;, South City Limit (base, pavement, highway markings,
_ / '� • assist in mowing and cleaning up litter, sweeping and,
Zx 0 11 s.�` assist in maintenance of roadway ditches).
Br ...1NI / Cel Ina 4 [ . j C. F.M. 1193:
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SCS/5 From the intersection of B.S. 289-D, over Broadway
I i \�,_� • 1 / / f• / Street, to the East City Limit (Base, pavement, highway
1, 1 .. �... / / markings, assist in mowing and cleaning up litter,
r -< / - sweeping and assist in maintenance of roadway ditches).
\ _ --- J ( / Ila6ll II. CITY MAINTAINED
•
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:ai:ii None
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