Number 10y
Texas Department of Transportation
P.O. BOX 3067 • DALLAS, TEXAS 75221 -3067 • (214) 320 -6100
October 19, 1998
Honorable Candy Sheehan
Mayor � �, OCT i Q M City of Coppell �! LO
PO Box 478
Coppell, TX 75019 CITY {CF COPPELL
RE: Letter of Understanding
Dear Mayor Sheehan:
In accordance with the attached Municipal Maintenance Agreement between TxDOT and the City
of Coppell dated February 17, 1995, TxDOT is responsible for the installation, operation and
maintenance of traffic signals on the State highway system in municipalities with population less
than 50,000. In our effort to reduce the response time for the signal malfunctions and to allow
coordination of timing plans across city boundaries, TxDOT will be transferring the maintenance
and operation responsibilities for the traffic signal at Spur 553 (SH 121 Bypass) and Denton Tap
Road in the City of Coppell to the City of Lewisville. However, the City of Coppell will continue
to be responsible for the installation, maintenance and operation of any emergency preemption
equipment.
TxDOT will continue to require all requests for new traffic signals or other traffic control devices
to come from the City of Coppell. TxDOT will forward all traffic signal plans to the City of
Coppell for their review and signature of concurrence on the project title sheet.
If the City's population ever exceeds 50,000, the traffic signal maintenance and operation
responsibilities will be transferred to the City of Coppell.
If you find this agreement acceptable, please sign below where indicated, fill in the date and return
the original copy for our files. If you have any questions, please contact Ms. Melanie Young, P.E.,
(214)320 -6229.
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R. Nelson, P.E.
las D strict Engineer
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form 1038 Rev. U94
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Municipal Maintenance Agreement
STATE OF TEXAS *
COUNTY OF TRAVIS *
THIS AGREEMENT made this ?414 1 day of
between the State of Texas, hereinafter referred to
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19 21---. , by and
as the "State", party of the first part, and thc. City
of :CORFELL DALLAS/DE=N County, Texas (population
22, 150 , 19 90 , Federal Census) acting by and through its duly authorized officers,
hereinafter called the "City ", party of the second part.
WYTNESSETH
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 Elie 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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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 alt 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 requests d 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 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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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 terns 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
11. The City agrees to assure the grantees 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 arc 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 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 approvni of the Statc.
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Form 1098 Rov. 3104
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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 frill 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 arc 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 waft
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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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 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 trafi-ic thereon. This includes school safety devices,
school crosswalks and crosswalks installed on frontage roads in conjunction with pedestrian sipal
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 ail parking on
main lanes and ramps and at such other places where such resuiction 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 tl:e 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 4he necessity of
approval by the State, may at its own responsibility and risk snake 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 Texas
:partmcnt of Transportation.
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IN WITNESS WHEREOF, the parties have herclu5to affixed their signatures, the City of
._ _:.Cp Baal ,L on the day of , 19 .�"' , and the Texas
Department of Transportation on the day of '19
A=,S7 : ,
APPROVAL MMBNDED:
Dinlrtcl Weer
DALLAS District
B
CIF
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('title of Signing official)
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 Texas
Transportation Commission under the authority
of Minute Order No.
By
Dircetor, Con truction and Maintenaum
NOTE: 7Ib be executed in triplicate and supported by Municipal Maintenance Ordinance and Certificate of
City Secretary.
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EXHIBIT- -.
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EXHIBIT "A"
NON CONTROLLED ACCESS HIGHWAY
R STATE MAINTATNRn
A. STATE HIGHWAY 121: FROM THE NORTHEAST CITY LIMIT TO THE SOUTHWEST
CITY LIMIT (BASE, SURFACE, ASSIST IN MOWING,
CLEANING LITTER ANU IN MAINTENANCE OF ROADWAY
DITCHES AND DRAINAGE STRUCTURES!.
II. CITY MAINTAINED NONE
EXHIBIT "B"
CONTROLLED ACCESS HIGHWAY
I. STATE MAINTAINED
A. STATE HIGHWAY 635: FROM THE SOUTHEAST CITY LIMIT
TO THE TARRANT CO. LINE
II. CITY MAINTAINED NONE
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Legend
Exhibit 'lair
Controlled Access Highways
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State Maintained
None- City Maintained
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