Ordinance No. 9,234ORDINANCE NO. 9234
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING AN AGREEMENT FOR THE MAINTENANCE,
CONTROL, SUPERVISION AND REGULATION OF CERTAIN STATE
HIGHWAYS AND /OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF
BAYTOWN; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT;
DECLARING AN EMERGENCY; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the certain agreement between the State of Texas and the City of
Baytown for the maintenance, control, supervision and regulation of certain state highways and/or
portions of state highways in the City of Baytown, and the same is, hereby approved. That the City
Manager of the City of Baytown is hereby authorized to execute said agreement on behalf of the City
of Baytown and to transmit the same to the State of Texas for appropriate action. A copy of said
agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and
purposes.
Section 2: The fact that the work contemplated under the above - mentioned agreement is
needed, creates an emergency which for the immediate preservation of the public peace, health,
safety and general welfare requires that this Ordinance take effect immediately from and after its
passage and it is accordingly so ordained.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City
of Baytown this the 13th day of September, 2001.
d& ew, 'eA �
PETE C. ALFARO, Mayor
ATTEST:
`j. MI'II4, City Clerk
APPROVED AS TO FORM:
e4ONACIO RAMIREZ, W, Cit'y Attorney
0 dA1MyDocuments\ Council\ 00 -01\ September\ ApproveMunicipalMaintenanceAgreementWithState
Form 1038
Revised 09/96
MUNICIPAL MAINTENANCE AGREEMENT
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT made this day of ,
20 , 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 66,430 —,20 00 , latest Federal Census) acting by and through its duly
authorized officers, hereinafter called the "City ", party of the second part.
WITNESSETH
WHEREAS, Chapter 311 of the Transportation Code gives the City exclusive dominion,
control, and jurisdiction over and under the public streets within its corporate limits and authorizes the
City to enter agreements with the State to fix responsibilities for maintenance, control, supervision, and
regulation of State highways within and through its corporate limits; and
WHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its discretion,
to enter agreements with cities to fix responsibilities for maintenance, control, supervision, and
regulation of State highways within and through the corporate limits of such cities; 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 and
operation of State highways 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, the City has requested the State to assist in the maintenance and operation of State
highways within such City:
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:
For this agreement, the use of the words "State Highway" shall be construed to mean all
® numbered highways that are part of the State's Highway System.
Page 1 of 8
E"IT A
COVERAGE
® 1. This agreement is intended to cover and provide for State participation in the maintenance and
operation of the following classifications of State Highways within the City:
n
A. Non - Controlled Access highways or portions thereof which are described and/or
graphically shown as "State Maintained and Operated" highways in Exhibit "A ", which is
attached hereto and made a part hereof.
B. All State highways or portions thereof which have been designated by the Texas
Transportation Commission or maintained and operated 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. In the. event that the present system of State highways within the City is changed by
cancellation, modified routing, or new routes, the State will terminate maintenance and
operation and this agreement will become null and void on those portions of the highways
which are no longer on the State Highway System; and the full effect and all conditions of this
agreement will apply to the changed highways or new highways on the State Highway System
within the City; and they shall be classified as "State Maintained and Operated" under
paragraph 1 above, unless the execution of a new agreement on the changed or new portions of
the highways is requested by either the City or the State.
3. Exhibits that are a part of this agreement may be exchanged with both parties written
concurrence. Additional exhibits may also be added with both parties written concurrence.
GENERAL CONDITIONS
1. The City authorizes the State to maintain and operate the State highways covered by this
agreement in the manner set out herein.
2. This agreement is for the purpose of defining the authority and responsibility of both parties
for maintenance and operation of State highways through the City. This agreement shall
supplement any special agreements between the State and the City for the maintenance,
operation, and/or construction of the State highways covered herein, and this agreement shall
supersede any existing Municipal Maintenance Agreements.
3. Traffic regulations, including speed limits, will be established only after traffic and
engineering studies have been completed by the State and/or City and approved by the State.
Page 2 of 8
4. The State will erect and maintain all traffic signs and associated pavement markings necessary
® to regulate, warn, and guide traffic on State highways .within the State right -of -way except as
mentioned in this paragraph and elsewhere in this agreement. At the intersections of off-
system approaches to State highways, the City shall install and maintain all stop signs, yield
signs, and one -way signs and any necessary stop or yield bars and pedestrian crosswalks
outside the main lanes or outside the frontage roads if such exist. The City shall install and
maintain all street name signs except for those mounted on State maintained traffic signal
poles or arms or special advance street name signs on State right -of -way. All new signs
installed by the City on State right -of -way shall meet or exceed the latest State breakaway
standards and be in accordance with the Texas Manual on Uniform Traffic Control Devices,
latest edition and revision. All existing signs shall be upgraded on a maintenance replacement
basis to meet these requirements.
LJ
5. Subject to approval by the State, any State highway lighting system may be installed by the
City provided the City shall pay or otherwise provide for all cost of installation, maintenance,
and operation except in those installations specifically covered by separate agreements
between the City and State.
6. The City shall enforce the State laws goveming the movement of loads which exceed the legal
limits for weight, length, height, or width as prescribed by Chapters 621, 622, and 623 of the
Transportation Code for public highways outside corporate limits of cities. The City shall
also, by ordinance /resolution 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 highway and/or for traffic safety.
7. The City shall prevent future encroachments within the right -of -way of the State highways 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
approval in writing from the State.
8. Traffic control devices; such as signs, traffic signals, and pavement markings, with respect to
type of device, points of installation and necessity, will be determined by traffic and
engineering studies. The City shall not install, maintain, or permit the installation of any type
of traffic control device which will affect or influence the use of State highways 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 use of State highways unless their
continued use is approved in writing by the State. It is understood that basic approval for
future installations of traffic control signals by the State or as a joint project with the City, will
be indicated by the proper City official's signature on the title sheet of the plans. Both parties
should retain a copy of the signed title sheet or a letter signed by both parties acknowledging
which signalized intersections are covered by this agreement. Any special requirements not
covered within this agreement will be covered under a separate agreement.
Page 3 of 8
C]
9. Should the City have a city -wide driveway permit process, the City will issue permits for
access driveways and will assure the grantee's conformance, for proper installation and
maintenance of access driveway facilities in accordance with "Regulations for Access
Driveways to State Highways" adopted by the Texas Department of Transportation or with
other standards and specifications for the design, construction, and maintenance details subject
to approval in writing by the State. Should the City not have a city -wide driveway permit
process, the State may issue access driveway permits on State highway routes in accordance
with its "Regulations for Access Driveways to State Highways ".
10. The use of unused right -of -way and areas beneath structures will be determined by a separate
agreement.
NON - CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall be applicable to non - controlled access
State highways in addition to the "General Conditions" contained herein above. Non - controlled
access State highways or portions thereof covered by this section are those listed and/or graphically
shown in Exhibit "A ".
State's Responsibilities (Non - Controlled Access)
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 to supplement City resources .when requested by the City
and if State resources are available.
3. Assist in sweeping and otherwise cleaning the pavement to supplement City resources when
requested by the City and if State resources are available.
4. Assist in snow and ice control to supplement City resources when requested by the City and if
State resources are available.
5. Maintain drainage facilities within the limits of the right -of -way and State drainage easements.
This does not relieve the City of its responsibility for drainage of the State highway facility
within its corporate limits.
6. Install, maintain, and operate, when required, normal regulatory, warning and guide signs and
normal markings (except as provided under "General Conditions" in paragraph 4). In cities
with less than 50,000 population, this also includes school safety devices, school crosswalks,
and crosswalks installed in conjunction with pedestrian signal heads. This does not include
other pedestrian crosswalks. Any other traffic striping desired by the City may be placed and
maintained by the City subject to written State approval.
Page 4 of 8
7. Install, operate, and maintain traffic signals in cities with less than 50,000 population.
8. In cities equal to or greater than 50,000 population, the State may provide for installation of
traffic signals when the installation is financed in whole or in part with federal -aid funds if the
City agrees to enter into an agreement setting forth the responsibilities of each party.
City's Responsibilities (Non - Controlled Access)
1. Prohibit angle parking, except upon written approval by the State after traffic and engineering
studies have been conducted to determine if the State highway is of sufficient width to permit
angle parking without interfering with the free and safe movement of traffic.
2. Install and maintain all parking restriction signs, pedestrian crosswalks (except as provided in
paragraph 6 above), parking stripes, and special guide signs when agreed to in writing by the
State. Cities greater than or equal to 50,000 population will also install, operate, and maintain
all school safety devices and school crosswalks.
3. Signing and marking of intersecting city streets with State highways will be the full
responsibility of the City (except as provided under "General Conditions" in paragraph 4).
4. 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 in writing.
5. Retain all functions and responsibilities for maintenance and operations which are. not
specifically described as the responsibility of the State. The assistance by the State in
maintenance of drainage facilities does not relieve the City of its responsibility for drainage of
the State highway facility within its corporate limits except where participation by the State is
specifically covered in a separate agreement between the City and the State.
6. Install, maintain, and operate all traffic signals in cities equal to or greater than 50,000
population. Any variations will be handled by a separate agreement.
7. Perform mowing and litter pickup.
8. Sweep and otherwise clean the pavement.
9. Perform snow and ice control.
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. Controlled access
State highways or portions thereof covered by this section are those listed and/or graphically
shown in Exhibit `B ".
Page 5 of 8
C
State's Responsibilities (Controlled Access)
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
underdeveloped 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 assist in these operations as
the availability of equipment and labor will allow on the frontage roads and grade separation
structures or roadways.
5. Except as provided under "General Conditions" in paragraph 4, the State will install and
maintain all normal markings and signs, including sign operation if applicable, on the main
lanes and frontage roads. 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 unless
covered by a separate agreement.
7. Maintain all drainage facilities within the limits of the right -of -way and State drainage
easements. This does not relieve the City of its responsibility for drainage of the highway
facility within its corporate limits.
City's Responsibilities (Controlled Access)
1. Prohibit, by ordinance or resolution and through enforcement, all parking on frontage roads
except when parallel parking on one side is approved by the State in writing. 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 /resolutions 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 /resolution providing for one -way traffic on the frontage roads except
as may be otherwise agreed to by separate agreements with the State.
Page 6 of 8
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 /resolutions and retain its responsibility for enforcing the control of
access to the expressway /freeway facility.
5. Install and maintain all parking restriction signs, pedestrian crosswalks (except as mentioned
above in paragraph 5 under "State's Responsibilities "), and parking stripes when agreed to by
the State in writing. Signing and marking of intersecting city streets to State highways shall be
the full responsibility of the City (except as discussed under "General Conditions" in
paragraph 4).
TERMINATION
All obligations of the State created herein to maintain and operate the State highways covered by
this agreement shall terminate if and when such highways cease to be officially on the State highway
system; and further, should either party fail to properly fulfill its obligations as herein outlined, the
other party may terminate this agreement upon 30 days written notice. Upon termination, all
maintenance and operation duties on non - controlled access State highways shall revert to City
responsibilities, in accordance with Chapter 311 of the Texas Transportation Code. The State shall
retain all maintenance responsibilities on controlled access State highways in accordance with the
provisions of Chapter 203 of the Texas Transportation Code, 23 United States Code § 116 and the
State's Interstate Maintenance Guidelines as approved by the Federal Highway Administration in
accordance with 23 CFR § 635, Subpart E.
Said State assumption of maintenance and operations shall be effective the date of execution of this
agreement by the Texas Department of Transportation.
0 Page 7 of 8
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures,
the City of BAYTOWN on the. day of ,
20 , and the Texas Department of Transportation, on the day of , 20
ATTEST:
CITY OF BAYTOWN
:1
(Title of Signing Official)
THE STATE OF TEXAS
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 by the Texas
Transportation Commission under the authority of
Minute Order 85383 .
District Engineer
BEAUMONT District
NOTE: To be executed in duplicate and supported by Municipal Maintenance Ordinance/Resolution
and City Secretary Certificate.
Page 8 of 8
v
Exhibit "A"
Non - Controlled Access Highways
C I T Y O F B A Y T O W N
(Chambers County)
I. STATE MAINTAINED
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: From the Junction State Highway 146 to
the east city limits
II. CITY MAINTAINED
N O N E
Ll
IE
City of
B A Y T O W N
Chambers County, Texas
Exhsbi t "A"
Non -Con t. rolled Access Highways
STATE MAINTAINED:
CITY MAINTAINED: N O N E
Harris County
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