Ordinance No. 6,508930114 -23
ORDINANCE NO. 6508
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A MUNICIPAL
MAINTENANCE AGREEMENT WITH THE STATE OF TEXAS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the City Manager and City
Clerk of the City of Baytown to execute and attest to an
Municipal Maintenance Agreement with the State of Texas. A copy
of said Agreement is attached hereto, marked Exhibit "A," and
made a part hereof for all intents and purposes.
Section 2: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 14th day of January,
1993.
B BBY J CR 11L , Mayor
ATTEST:
J_
EILEEN 11. HALL, City Clerk
4 Z�La '(�z
eliSgACIO RAMIREZ, SR , City Attorney
legal /council /1- 14- 93authAGREEdeptTRANS
Municipal Maintenance Agreement
STATE OF TEXAS
COUNTY OF TRAVIS *
THIS AGREEMENT made this day of
930114 -23a
Form 11138
Revised 11I89
l9 ' , by and
between the State of Texas, hereinafter referred to as the "State ", party of the first part, and the City
of BAYTOWN
,
CHAMBERS
County, Texas (population
63,500 , 19 90 , 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 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:
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 State
Highwav and Public Transportation Commission as Controlled Access Hiahways and which
are described and/or graphically shown in Exhibit "B ", which is attached hereto and made
a part hereof.
I of 6
EXHiBiT A
930114 -23b
Form 103!4
Revised 11189
1
M12. In the event that the present system of State Highway routes within the City is changed by
cancellation, modified routin,, 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 Highwav; 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.
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 t.-.
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 S !te
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 anv other obstruction within the riuht -of -way without prior
agreement with the State.
2 ofb
930114 --23c
Form 111371
Revised 1 UA9
" `). The Citv 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 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.
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
I. 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 titter 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.
b. Install and maintain normal regulatory warning and guide signs and normal markings for
directing highwav 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.
7. Install, operate and maintain traffic signals in cities with less than 50, {100 population.
3ofb
930114 -23d
Form 1413K
Revised 11189
5. 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 State Department of Highways and Public
Transportafion 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
I. 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 -wav 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.
3. Sweep and othenvise 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 assist in these operations as
the availability of equipment and labor will allow on the frontage roads and separation
structures or roadways.
4of6
930114 -23e
Form 11138
Revked 11189
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.
T 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
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
State Department of Highways and Public Transportation.
5 of 6
930114 -23f
Form 1038
Revised 11189
4 WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of
on the day of , I9 , and the State
Department of Highways and Public Transportation on the day of
19
ATTEST:
APPROVAL RECOMMENDED:
District Engineer
District
CITY OF
ITide of Signing Mciaii
THE STATE OF TEXAS
Certified as being for the purpose and effect
of activating and/or carrying out the orders.
established policies, or work programs
heretofore approved and authorized by the
State Highway and Public Transportation
Commission under the authority of Minute
Order No.
By
Engineer of Maintenance
NOTE: To be executed in triplicate and supported by Municipal Maintenance Ordinance and
Certificate of City Secretary.
6of6
Exhibit "A"
Non - Controlled Access Highways
C I T Y O F B A Y T O W N
(Chambers County)
I. STATE MAINTAINED
930114 -23g
A. STATE HIGHWAY 146: From the north city limits at Junction
Interstate 10 to the Chambers /Harris county line
B. FARM -TO- MARKET 565: From the Junction State Highway 146 to
the east city limits
C. FARM -TO- MARKET 1405:
the east city limits
II. CITY MAINTAINED
N O N E
From the Junction State Highway 146 to
City of
BA Yro W
Chambers County, Texas
Exhibi t °A"
Non - Controlled Access Highways
STATE MAINTAINED:
CITY MAINTAINED: N O N E
Harris County
930114 -23h
Mont Belvieu
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LEGEND
TERSTATE %tGMRAY
j.S. WONDERED %IG%RAT
—<Zq,b.
STATE %IGHWAY
<E!D—
FAR% ROAD
SA
LOOP OR SPUR
! {!
FARM OR MARCH ROAD
MS
RECREATIONAL ROAD
.......r
HK"ATS NOT CORSTROCTE9
930114 -23h
Mont Belvieu
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930114 --23i
Exhibit "B"
Controlled Access Highways
C I T Y O F B A Y T O W N
(Chambers County)
I. STATE MAINTAINED
N O N E
II. CITY MAINTAINED
N O N E