OR 95-688 Maintenance agreement with TX DOT MUNICIPAL MAINTENANCE ORDINANCE
ORDINANCE NO. 95688
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, PROVIDING
FOR THE MAINTENANCE OF CERTAIN STATE HIGHWAYS AND/OR
PORTIONS OF STATE HIGHWAYS IN THE CITY OF COPPELL,
COUNTIES OF DALLAS AND DENTON, TEXAS; AUTHORIZING THE
MAYOR OF THE CITY TO EXECUTE AND THE CITY SECRETARY TO
AFFIX THE CORPORATE SEAL AND ATTEST THE AGREEMENT
BETWEEN THE CITY AND THE STATE OF TEXAS, ATTACHED
HERETO AS EXHIBIT "A" ; AND PRO VIDING 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 as Exhibit "A",
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 "MUNICIPAL MAINTENANCE AGREE~IENT";
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the public convenience, safety and necessity of the City and the people
of the City require that State highways in the City be adequately maintained.
SECTION 2. That the State of Texas be, and is hereby, authorized to enter upon and
maintain said highways, subject to the provisions of the "MUNICIPAL MAINTENANCE
AGREEMENT".
SECTION 3. That the Mayor of the City of Coppell be, and 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 forrn attached
hereto as Exhibit "A", made a part hereof, and marked "MUNICIPAL MAINTENANCE
AGREEMENT". The City Secretary is hereby directed to attest the agreement and to affix the
1 AGG0655B
proper seal of the City thereto.
SECTION 4. That should any word, phrase, paragraph, section or portion of this
ordinance be held to be void or unconstitutional, the same shall not affect the validity of the
remaining portions of said ordinance, which shall remain in full force and effect.
SECTION 5. That this ordinance shall become effective from and after its passage as the
law and charter in such cases provide.
U Y PASSED by the City Council of the City of Coppell, Texas, this the fl ?/ day
of -* '~-~.,-v',.- ' , 1995.
~ ~ APPR VED:
TOM MORTON, MAYOR
ATTEST:
APPROVED AS TO FORM:
PETER G. SMITH, CITY X~Y
(PGS/jd 1-18-95)
2 AGG0655B
STATE OF TEXAS §
COUNTIES OF DALLAS §
AND DENTON §
I, Linda Grau, the duty appointed, qualified and acting City Secretary of the City of
Coppell, 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 ~-[ j~day of
~, ,Zd "-~ certify which,
'$ ~ < 199 ,S at 9 ~]c5
(_ ~ , , - o'ciock / . m., to
witness my hand and seal of the City of Coppell, Texas this /5'/ day of
/
' · ,~ at Coppetl, Texas.
"..c~. ~ e, , 199.5~,,
( ,.x-~<d A- ('
Linda brau, City Secretary of the City of
Coppell, Texas.
3 AGG0655B
STATE OF TEXAS *
COUNTY OFTRAVIS *'
TI-~IS AGREEMENT made this c~'z'/'~ dayof '~c-L-r'uc.~cTj~ ,19 ?,5"' ,byand
between the Sate of Texas, bereinafter referred to as the "State", party of am first part, and thc City
of fC01~P. KLL D~LEKS/DENTON Count,, Texas (population
Z2,,..ESO , 19 90 .., Federal Census) acting by and through its duly authorized officers,
hereinafter calIed the "City", party of the second part.
WITNESSETH
WHEREAS, the Ci~ 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 beha/f 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 Sate Highway routes within such City, conditioned that the City will enter into agreements with
the State for the purpose of determining the responsibilities of thc p~u'ties thereto:
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual coveuant~ and agreements of the
parries 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-Conlzolled AcceSs mutes or portions thereof which axe d~cribed and/or graphically shown
as "State Maintained" mutes in Exhibit "A", which ts attached hcrcto 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 nmdc a past hereof.
lot6 4
.q;~% EXHIBIT./ii~':
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2. In [tic event that tile prec~ent system of State Hiahway routes wid~in the City is changed by cancellation.
modi.r]ed routing. new routes or change in the City's corporut~= limits, the State shall tersnina[e
maintenance and this agreement shall become null and void on [hat portion of the routes which are no
longer routes of a State Highway; and tile full effect and all conditions of this agreement ~hall apply to
the changed routes or new route~ of tl~e State Highways within the City and shall be classified as
"State Maintel ned'i under paragraph 1 above, unless the execution uf a new agreement on the chang~
peaion of the rout~ i~ requ~stcd by eider ~c City or the St~tc.
Gene~l Conditions
1. ~e City hereby agrees and do~ hereby nutboOze the Sum to maintain the State Highway routes
covered by this agremnent in the manner set out herein.
2. The City shall retain full responsibility for all items that affect pru~ay righB, life, health, etc.,
pmpe~y owners and dwellers adjacent to ~e State Highway rout~ and peaions the~oF.
3. ~is a~reement shall supplement any special agr~menu between th~ State and the City for the
maintenance anger construction of the highways covetea herein and [hi5 agreement shall supersede
any existing Municipal Mainten~mcc A~men~.
4. ~affic regulations, including speed limit, will ~ established after ~ffic and engineering surveys
have been conducted.
5. ~e State will erect and maintain all ~ffic signs neckssty tu regulate, w~ and guide traffic on
highway rout~ in a safe and efficient manner.
6. [t iS mutually agreed that. subject to approval by ~e State, any strut lighting system may be installed
by the City provided the City shall pay all cost of installation, maintenance and operation except
those installations specifically covered by separate agreements between the City and State.
7. It is understood and agreed that this agr~ment is For the pu~ose of defining the authority and
responsibility of bo~ p~ies ~br maintenance of highway routes through ~e City and shall in no way
be considered to cover any pr~ent or past obligation either real or anticipated concerning ~uch
Highway routes through the City.
8. The City shall prohibit the movement of loads over S~ate Maintained strums which exceed the legal
limits for either weight, length, height or width, as prescribed by State law for public highways outside
co~oratc limits of cities, except ~ose having proper ~its from the State for such movements.
City shall also, by ordinance and enforcement, prescribe and enforce lower weight li~ when mutually
agreed by the City and the State that such restrictions are needed to avoid d~age to ~e s~eet anger
for traffic safer.
9. The City shall prevent future encroachmeats within ~he fight of way of ~e highway routes and assist
in removal of any present encroachmems when requested by {he State except where specifically
authorized by separate agreement; and prohibit the planling of trees or $~bbery or the creation or
construction of any other obstruction within the fighi Of way without prior agreement with Ihe Sate.
10. The City agrees that traffic control devices, such as signs, traffic signals and pav~.rncnt markjugs, in
respect to ~ipe of device, points of installation and necessity will be dctern~incd by traffic and
engineering su~eys. ~e City agecs that it will not install, maintain or permit the installation of any
type of ~af~c con~ol device which will affect or in~uen~ the utility of the State Highway routes
unless approved fin writing by the S~te. Tra~c con~ol devices installed prior to the date of
Agreement arc hereby made subject to tim tot'illS Of this Agr~m~nt and the City agrees to the fenloyal
of such devices which affect or influence fl~e utility of the S~tc Highway routes unless ~eir continued
use is approved in writing by the State. It is understud ttlat approval for future installations of traffic
control signals by the State or as a joint project widl the City, will bc indicated by signatm'c of the
pl~s.
11. ~e City agrees to assure ~e grantee's confomancc, for proof construction and maintenance of
ac~ss driveway hcilities, in a~ord~ce with "Regulations for Access Driveways to State Highways"
adopted by the Tex~ Department of Tr~spo~ation or in accordance with other stan~rds and
specifications for the design, ~ns~c~on and malntenan~ derails subject to approval by the Texas
Depmcnt of ~spomtion.
12. It is unde~to~ that the use of unused fight of way and ~eas beneath ~tructurcs will be ~ d¢tcnuined
by a sopcram ag~ment.
13. On ~ose State Highway routes and po~ons thereof wl~ich are list~ anger graphicall~ shown on
~hibit "A" as "City Maintainea" routes, the City agrees to provide bridge insertion and invento~
dam to ~e S~m in accordance wi~ National Bridge Insetion Standards.
Non-Con~olled Acc~ Itlghways
The following s~cific conditions and responsibiliti~ shall be applicable to non-controlled access highways
in addition to ~e "Gene~ Conditions" coached heroin above. Routes of non-con~oll~d access higt~ways or
po~ons ~of covered by this section ~e those list~ anger graphically shown in Exhibit "A".
S~'s Respo~fbiltti~
1. Maintain ~e ~veled su~ace and foundation beneath such ~av¢led surhcc ncccssm~ for ~¢ proper
suppo~ of same under vehicul~ loads encountered and maint~n the shoulders.
2. Assist in mowing and litter pic~p.
3. A~ist in swiping and edgewise cl~ning the pavement.
4. ~sist in snow and i~ conwol.
5.. Malaria d~nage facilities within the limits of the fight of way.
'" 6: I~l and rainrain actual m~iai6~ war~ng and guide signs and normal markings for direring
,~ .~ highway ~ffic in a safe and efficient m~ner. ~lis includes school safety devices. school cw~walk~
~ ' :; ,,, ~ - ~d ~osswalB install~ in conjunction with p~t~an signal h~nds. h d~s not include other
i:~{~~ ""'.' "7C~:crosswalks. Any o~her traffic striping d~ired by the City may be placed and maintained by the City
. - ....~:~t~$ubj~t to thc approval of ~ tam.:, :'..'- ' - .~ ~.~ .
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7. Install, operate and maintain traffic signals in cities with less than 50,000 population.
8. Install all Fedorally-funded, off-system traffic signals and on-system traffic signals in cities greater
than 50,000 population.
Clty's Responsibilities
1. Prohibit angle parking, except upon written approval by the State after traffic and engineering sutweys
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. Requir~ 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, conu'ol, 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 Fedorally-funded, off-system traffic signals and on-system traffic
signals in cities greater than 50,0OO population.
Controlled Access Highways
The following specific conditions and responsibilities shall be applicable to controlled access highways in
addition to the "General Conditions" contained heroin above. Routes of controlled access hi ghwuys 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 clear up litter within the out~'nlost curbs of the frontage roads or th~ entire right of way
width where no frontage roads exist, and assist in performing these operatiot~s between the fight of
way line and the outgrmost curb or crown line of the frontage roads in undeveloped areas.
Page 4'
3. Swcc[3 and vthcrwiSc clean the through lanes, ranges, sol)station st~ctu~s or roadways and frontag~
roads,
4. acznovc snow and COULEO[ ice OIl [Jl~ []lI'Oagil ]silos and l'alllp5 and assist in these operaions as the
availabilky of equipment and labor will allow on Ehe frontage roads and separation structures or
roadways.
5. Install and maintain nil no~al m~ngs and signs ou die main lanes ad frontage roads acccssa~ for
the proper us~ of the hcility and direction oC ~'affic {hercon. This includes school safety devices,
school crosswalks and crosswalks installed on frontage roads in conjunction with pcdest~an signal
heads. It does not include o~cr ~dea~an croaawalB.
6. Install, o~rate and m~ntain ~affic signals at romps and fi'o nmge road intersections.
7. Maintain all drainage hcili~es wiihin ~e limi~ of ~he ~gh~ or way.
City~s R~ponsibillti~
1. Res~ict p~ng on frontage roads to par~lel paring on one side only and prohibit all p~ng on
main lan~ and ramps and at such o~cr places wher~ such restriction is ~lecc5sary for
operation of ~ffic, by p~sing ~d enforcing ordinauc~ and m~ng osier appropriate action in addition
to full compliance wi~ cu~nt laws on p~ng.
2. When considerea necess~ and deskable by ~th ~e City and ~e State, the City shall p~s and
enforce an ordinance providing for one-way ~ffic on the frontage roads except as may be othemise
agreed to by septate agreements wi~ ~e State.
3. Secure or cause to be secured ~e approval of the State before any utility installation. repair, ramoval
or adjusteat is undeH~en, cross~g over or under ~e highway facility or entering the right of way.
In the event of an eme~ency, it ~ing evident that immolate actiun is nccessa~7 for proration of the
public and to ~ni~ze property damage and loss of investment. the City, wi~out the neckairy of
approval by ~e Seam, may at iB own r~ponsibility aud risk make accessre7 emergency utility mpai~.
notifying ~e Sm~ of this action as s~n as practical.
4. P~s ne~ss~ orainnnces an~ re~in i~ ~nsibility for eufoming ~= control of a~s to the freeway
facility.
~rmination
I. It is unde~t~ and agr~d ~tw~n ~e p~i~ hereto that aH obligations of the State created heroin to
maintain ~e SIam Highway mut~ covered by this agreement shall teminate if and when they are no
longer mut~ of State Highways; and ~er, ~at should either p~y fail to pm~rly ~lfil l i~ obligations
as heroin outing, ~e o~er pray may sinam ~is agreen~ent upon 30 days wallten notice.
.8aid State assumption of maintenanc~ shall be eff~tive ~e date of execution of this aguemeat by th~ Texas
~paflmenl of Trans~rtation.
,~.,~. -'.-<,.t ...:~ · -, ~. ,.
i~C;O:ELP,,Jj;.LL , - on {he ,2"-/
.... - 19 ~?~""' ,andtheTcxas
Depamnent of Transportation on the f ~ day of ~e~Tq~
. , 19 [L.
THE STATE OF TEXAS
APPROV~L~EN~ CetIifiM as being for the purpose and cff~t of
activating and/or carrying out lhe orders,
~ esIablish~ policlcs, or work programs heretofore
approved and authorized by the Tcxaa
D Trans~ation Commission under the anrhority
D~L~S DiS~ict of Minute Order No.
By
NOTE: To be executed in triplicate and supported by Municipal Maintenance Ordinance and Certificate of
City Secretary.
~,95 16:a7 808
EXHIBIT "A"
NON CONTROLLED ACCESS HIGHWAY
I, STATE MAINTAINED
A. STATE HIGHWAY 121: FROM THE NORTHEAST CITY DIMIT TO THE SOUTHWEST
CITY LIMIT (BASE, SURFACE, ASSIST IN MOWING,
CLEANING LITTER AND IN MAINTENANCE OF ROADWAy
DITCHES AND DRAINAGE STRUCTURES
If. CITY MAINTAINED NONE
EXHIBIT
CONTROLLED ACCESS HIGHWAY
I. STATE MAINTAINED
A. STATE HIGHWAY 635: FROM THE SOUTHEAST CITY LIMIT TO THE TARRANT C0. LINE
II. CiTY MAINTAINED NONE
EXHIBIT
OENTON COUNTY
. : ,~ , ,, , . ,' =,.'~ ~ , :..
~ ~ _- -' ,:',. ;:1::.:',:.';- .. ' LEGEND ~ ~: ,
~ ~. ~ -., , ,,,, ~.~ ~::~::~,::, ':~. ,~,:,:; · Non Controhed Access H~gnwgys
~; I ~~¢~2~(~.,~,~,7~,Y~a~%~'r~I ~ (Bese, Surface, Assisl in Sweeping,
~ :,, G Cily Mc~jnlained~ NONE