Ord. 0005 1960-01-14COMMISSION
HERBERT C. PETRY. JR
C F. HAWN
HAL WOODWARD
CHAIRMAN TEXAS HIGHWAY DEPARTMENT
P. 0. Box 1286
Houston 1, Texas
February 1, 1960
STATE NIGHWAT ENGINEER
D. C. GREER
IN REPLY REFER TO
FILE NO.
Municipal Maintenance Agreement and Ordinance — Pearland, Brazoria County
7-
Hon. Earl1L Gibbons
Mayor, City of Pearland
Pearland, Texas
Dear Sir:
Attached hereto for your information and files are copies of Municipal
Maintenance Agreement (For Maintenance Only) and Municipal Maintenance
Ordinance, which have been duly executed by the City Officials of Pear —
land and by the Highway Department.
Thank you for your cooperation in this matter. If this Office can be
of assistance to you at any time, please notify us.
Very truly yours
W. E. Carmichael
District Engineer
District No. 12
DIM : et
Attachment
Fora 1037
MUNICIPAL MAID ORDINANCis
AN OBDINAIVE PROVIDING FOR TEX MAIIIT+ENAMIE OF CRIAI! MATS MIME
AND/OR POi!lIOi6 OF STATE HI0eL1AI3 IN THE Cali OF p Y N
COUNTY t OF ,Bra z qq re AL , TEXAS, HEREBY it7tvnr iID
MAID PROJE[ ? Am Atmermin TIIE MAYOR OYES CITT on 03ISR (,BCC
AUTHORIZED CITY OFFICIAL TO EXECUTE AND AFFIX TOE CORPORATE SAL AND j, /
ATTEST SAME. A CERTAIN AGBEIGIENT BETWEEN ffi CITY AND 'BEE STATE OF
TEXAS, PROVIDING FOR TIE *unNANN AND USE OF TEN SAID IDOMM UOIC
PROTECT; AND DECLARING AN MMERGENCY AND FROVIIMEI TEAT THIS anunamon
asaum S EFFECTIVE FROM AND AFTER ITS PASSAGE.
WH REAS, the ptlic 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 Terns, enter upon
and contribute fiaanerally to the aatintenanee of said project; and
WHEREAS, the State of Texas has ands it kaotu 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, comditioned upon the provisions concerning responsibilities
for maintenance, control, supervision, end re i1etioa which are set out in the form
attached hereto, made a part hereof, and marked "MUNICIPAL MAXSIUkNCE AGREEMENT"; and
WHEREAS, said project consists of those State Highways and/or
portions thereof which are described and NMleeed La the fora attached hereto and marked
'}UNTICI?AL MAINTENANCE AGREEMENT.'
210e, TUREFOdee BE IT O$?1A18D by the
Board off' A/Serrhavn
SECTION 1. Tbn.t the pue:niencc, safety and necessity of t're:: City and the
people of the City require said project be adequately maintains".
emuilON 2. That the State of Texas be and is hereby authorized to cater 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 vith the State of Pexas,
in accordance with and for the purpose of carrying out the term and privets/Deis of this
:ardor, in the form attached hereto, wade a part hereto, and narked "PLEICIPAL MINTMIANCE
AGa P. The City Secretary is hereby directed to attest the agreement and to affix
the Draper seal of the City thereto.
SECTION h. The Mayor of the City, having requested in writing that this ordinance
take effect forthwith and there Ming in fact an emergency end iterative necessity that
the work herein provided Ter be begin and carried cut promptly and with expedition and
that the a regiment aforesaid shall be Saetivtely made, executed and delivered to the end
that such work herein provided for may be begun and carried out promptly and with expedition.
The reeding of the ordinance on three several days is hereby despaaased with and the same
shall be in fU11 force and effect from and after its passage.
Form 1037
STATE OF TEXAS
COUNTY OF 490104604/4
ro_t A. ,l/oc_.6
qualified and acting city secretary of the City of
the duly appointed,
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
JAa/rIAR.`/ /, A.D., 19 60 , at 9'/S o'clockL M.
To certify which, witness my hand and seal of the City of fr/li-(„AIAJA
TEXAS, this dueJ444,44//Yay of , 1940, at
Texas.
Ci y Secretary of the C y of
Texas
Form 1038
STATE OF TELLS
COUNTY OF TRAVIS
Y
MUNICIPAL MAINThNANC% AGR&±MEIT
(For Maintenance Only)
d
Tins kale'laaaf made this ,oa ' _ay of VI anaa.r e , 1960 , by and be—
et
Crean the State of Texas, hereinafter referred to as the "State", party of the
first part, and the City of 0e a r /an od , Bra. o ri a
County, Texas, (population / 7S0 (Es%) , 1:5 gederal Census) acting by
and through its duly authorized officers, hereinafter called the "City," party
of the second part.
WIT MESS A1`H
aH.fti:AS, the City has requested the State to assume mainten"nre on State
highway routes within such city; and
WHiR A6, the Legislature of the State of Texas did enact ienate 9111 No. 415,
46th Legislature, effective May 15, 1939, authorizing and empowering the State
Highway Commission in its discretion to enter into contracts or agreements with the
governing bodies of incorporated cities, towns, and villages relative to the location,
relocation, construction, reconstruction, and maintenance, control, supervision,
and regulation of State Hi;gbways within or through the corporate limits of such
municipalities; and
:1kthlEAS, the general policy of the State Highway Commission provides that
the State Highway Department may assist in maintenance, control, supervision, and
regulation of any or all State Highway routes through municipalities with s population
of 15,000 or less, ana any or all _Mate Highway routes except the congested or
downtown sections of those municipalities with a population in excess of 15,000 as
shown by the last available Feders]. Census, conditioned that the City will enter into
agreements with the State for the purpose of .determining the responsibilities of
the parties with reference thereto; and
"wEFitMS, the State Highway angineer, acting for in behalf of the State
highway Comm ssion, las made it known to the City that the State will assist the
City in the maintenance, control, supervision, and regulation of certain 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; and
WHEREAS, all such agreements made with cities, towns, and villages are for the
purpose of maintenance, control, supervision an ra¢nl9tion of State Highway routes,
and shall in no way be considered to cover any present or past obligations either
real or anticipated concerning such highway routes through municipaliti2 ;
Form 1038
Rev 9-1-53
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 that maintenance will be assumed by the State over the specified State
Highway routes within said city, as set out in the following provisions.
Coverage
1. State assumption of maintenance under this agreement covers the State
Highway routes and portions thereof which are listed and described as
follows:
All State designated highways.
2. It is mutually agreed that on the portions of City Streets listed
below, along which marked highway routes have been located as
authorized by the City, the City shall retain full responsibility
and control for maintenance, improvement, and regulation; and the
State shall not be required or obligated to participate therein,
except that the State is hereby authorized and hereby agrees to
erect and maintain normal route markers and directional and des-
tination signs for direction of highway traffic thereon.
tee
3. In the event 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 of
the State Highways within the City, unless the execution of a new agree-
ment 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. It is mutually agreed that this agreement shall supplement any existing agree-
ments between the State and the City for the maintenance or construction and
maintenance of the highways covered herein and that this agreement shall
supersede such existing agreements only in respect to points of conflict.
2
p
Form 1038
Rev. 6-15-56
3. The City agrees that 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. The City agrees to 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.
5. The City agrees to prohibit parking where such restrictions are necessary
for satisfactory operation of traffic, by passing ordinances and taking
other appropriate action in addition to full compliance with current laws
on parking.
6. The City agrees that traffic control devices, such as stop and slow signs,
traffic signal lights, parking meters, and other types of devices for traffic
control, 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 control
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 signal lights 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.
7. 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.
State's Duties
1. The State agrees to maintain normal route markers and directional and desti-
nation signs for direction of highway traffic.
2. The State agrees to maintain center line, lane line, and no -passing barrier
line stripes. Any other traffic striping desired by the City may be placed
and maintained by the City subject to the approval of the State.
3. The State agrees to maintain the pavement, base, and its support, and to
maintain the normal shoulders on those sections where there is no curb and
gutter.
3
Isv
Form 1038
Rev 9-1-53
.City's Duties
1. The City agrees to prohibit the movement of loads over State maintained
streets which exceed the legal limits for designated State highways for
either weight, length, height or width except those having proper permits
from the State for such movements.
2. The City agrees to prohibit the servicing of vehicles within the normal
width of streets and to prohibit signs, except official traffic signs,
extending into the streets beyond the curb line, except on any streets
and/or portions of streets for which an existing agreement between the
State and the City specifies the control of sign location, in which in-
stances those provisions of such agreement covering control of sign location
shall remain in full force and effect.
3. The City agrees to prevent future encroachments within the right-of-way of
the highway routes and assist in removal of any present encroachments if and
when requested by the State.
4. The City agrees to require installations, repairs, removals or adjustments
of publicly or privately owned utilities or services to be performed in
accord with State Highway Department specifications and subject to approval
of the State; and further agrees to pay to the State promptly the cost of
making repairs to the subgrade or surfacing made necessary by such work
on utilities or services.
5. The City agrees to retain and continue the responsibility for all
drainage, except where participation by the State is specifically
covered in an agreement between the City and the State, and to retain
and continue its duties of sweeping, flushing, and otherwise keeping
the State Highway routes covered herein in a clean and sanitary condition.
6. It is mutually agreed and acknowledged that the City shall retain all functions
and responsibilities for maintenance, control, supervision, and regulation
which are not specifically described as the responsibility of the State.
7. The City agrees to 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 to continue its responsibility for proper construction,
maintenance, and control of private entrance facilities.
4
feria 1038
Terminntiop
1. It 1s understood and agreed between the parties hereto that all obligation
of the State created herein to naistain the State nanny restos mired by
this agrssseat shall terminate if and when they ere so 1enger routes of Stets
Highways; mad further, that ahould either party fail to properly fulfill its
obligations as herein outlined, the other party nay terminate this agrssssat
upon thirty days written notice,
Snit State assumption of maintenance to be effective the date of mention of
this agreement by the Highway Department.
Is iI1'Nr. .J1I EOt, the parties have herewith affixed their signatures, tbs
City of
on the
AA 2I-4,t/O
nt
day of ` Ii}A/J4•4y . 19AI, and the Hi,.
partaen. on the Z.`>' ay of 77 19 &7'171
AT'srs
ZIA.-.44 V) lot
en, ycIZZ7-eteLy
-/ t72-'
District sneer, District. 12
g- ?✓.�.-Flat.
if oo nt Maintenance Engineer
Note:
To be executed in triplicate and
supported by lita+ioipal Maintenance
urcinance and Certificate of City
oeeretary
ay
CITY Of 2c.ALAO
(Title ci' Signing Official'
S[<;5r. OF T LAS
Certified a* beiaj executed for the
purpoes and effect of activating and/or
carrying out the orders, established
policies, or verk programs heretofore
appr9k}d agd,authorised by t¢s State
Hi
By:
ntenases Operations