HomeMy WebLinkAboutRES 90-021 R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUTNIONT:
THAT the City Manager be, and he is hereby, authorized to execute
a revised municipal_ maintenance agreement with the State Department
of Highways and Public Transportation, a copy of which is attached
hereto as Exhibit "A" .
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of - , 1990.
Mayor -
Form 1038
Revised 9/88
Municipal Maintenance Agreement
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT made this 9th day of March 1990 by and
between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City
of BEAUMONT JEFFERSON County, Texas (population
118,102 , 19 80 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 cogsideration 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
Highway and Public 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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Form 1038'
Revised 9188 '
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 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 tiat, subject to approval by the State, any street lighting system may be
tilled by the City provided the City shall pay all cost of installation, maintenance and
. Y-,oration 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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Form 1038
Revised 9/88
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 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
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.
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 approval of the State.
7. Install, operate and maintain traffic signals in cities with less than 50,000 population.
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Form 1038
Revised 9/88
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
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
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 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 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
undeveloped 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 separation
structures or roadways.
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Form 1038
Revised 9188
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.
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 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.
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Form 1038
Revised 9/88
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of
Benixnont on the 23rd day of February , 19 90 , and the State
Department of Highways and Public Transportation on the 9th day of March
19 90
ATTEST: CITY OF '&AUMdtNT
By
C Ar�A
(Title of Signing Official)
THE STATE OF TEXAS
APPROVAL RECOMMENDED:
Certified as being for the purpose and effect
of activating and/or carry;ng out the orders,
established policies, or work programs
heretofore approved and authorized by the
"_ gineer State Highway and Public Transportation
Distric n
\ / Commission under the authority of Minute
\ - Order No. 513
a District
By PE
ngineer of Maintenance
NOTE: To be executed in triplicate and supported by Municipal Maintenance Ordinance and
Certificate of City Secretary.
M
6 of 6
EXHIBIT A"
NON CONTROLLED ACCESS HIGHWAYS
I . STATE MAINTAINED HIGHWAYS
A. U.S. 69,96,287 : From Pan American Road to the south city
limits.
B. U.S. 90 : From the west city limits to I .H. 10.
C. S.H. 105: From the west city limits to U.S. 69 ,96, 287 .
D. S.H. 124: From the west city limits to U.S. 69,96,287.
E. S.H. 347 : From Spur 380 to the south city limits.
F. F.M. 364: From Tram Road to S.H. 124.
G. Spur 380: From S.H. 347 to Alabama Street; Villiva
Street to Irving Street; Neches and Easy Streets to
Evalon; Evalon to I .H. 10; Evalon along Gulf to I .H. 10 .
II . CITY MAINTAINED HIGHWAYS
A. U.S. 90: College Street, from I .H. 10 to Orleans Street
along Orleans Street to Pearl Street along Pearl Street
to the north Right-of-Way line of North Street to Laurel
and Park Streets along Park Street to College Street.
LEGE EXHIBIT A"
_.;�... �NTERS TAI( NR,14WAY NON CONTROLLED ACCESS
.�1+•7}_ J S NJMFi11ll D 111r..1WAY
-.24 j.... STATE NIc14WAY
-,P PARK ROAD
7G LOOP OR SPUR
TARM OR RANCH ROAD
S+o t-, Mai r, Ain r� Hiot.ra;aY
Ci+y Ma'intalncd Hi rr
ot� 1
/ � t
Jr
l 105 L \,
a
9lo
v L 364 2B7
1%
..�
i_ 4o
�.. bg 9b
C+y Li—. 45
1Z4
BEAU
3(05
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"EXHIBIT B"
CONTROLLED ACCESS HIGHWAYS
I . STATE MAINTAINED HIGHWAYS
A. I .H. 10: From the west city limits to the east city
limits.
B. U.S. 90: From the north Right-of-Way line of North
Street north to I .H. 10 .
C. U.S. 69,96,287 : From the south end of Pine Island Bayou
Bridge to the north junction with I .H. 10. The south
junction with I .H. 10 to Pan American Road.
D. Spur 380: From Alabama Street to Villiva Street; Irving
Street to Neches and Easy Streets.
II . CITY MAINTAINED HIGHWAYS
NONE
• LEGEN— —AHIBIT " 8"
—r�sl-- INrERST►fE NIfNNA• CONTROLLED ACCESS Hl( 1H sJA'r�_
-Z' US f MpI Nl O #UGHWAY
11124 STATE HIGHWAY
�P22 PARK ROAD
1G LOOP OR SPUR
252 FARM OR RANCH ROAD
ixx�>c'\ Stote Ma;r,t�u:c.d H:�rrl;-„
None City MQMta(r,-.:� 3,i,-u> .
j 1 t
J� •
� y
os 9 to
- r ,
- u L 364 287
10
i_ 90
1
�.. •.J
-• b9 qb �
10 m
' 1...�'.—• 287_ � �"-----''�
c;�y lim�t5 �:•�„�
124
BEAU
AMENDMENTS TO THE MUNICIPAL MAINTENANCE AGREEMENT
FOR THE CITY OF BEAUMONT
AMENDMENT I
WHEREAS, the City landscaped and beautified the area between the
Business U.S. 90 main lanes (Central Distributor) from North
Street to Harrison Street, hereinafter called the "Park" .
NOW THEREFORE, in recognition of this work the Controlled Access
Highways portion of said Municipal Maintenance Agreement is
amended under City' s Duties as follows:
1. Mow, clean up litter, and maintain the Park
2. Erect and maintain all signs necessary for the proper use of
the Park
3 . Maintain all drainage within the Park
This amendment is currently in effect in accordance with the
Amendment dated April 15, 1986 to the Municipal Maintenance
Agreement executed November 9, 1982.
AMENDMENT II
WHEREAS, the City desires to maintain the landscaping on
Spur 380 (M. L. King, Jr. Pkwy) from SH 347 to IH 10.
NOW, THEREFORE, in recognition of this proposed work the
Controlled and Non-Controlled Access Highways portion of said
Municipal Maintenance Agreement is amended under City' s Duties as
follows:
1. Mow, clean up litter, and maintain landscaping within the
entire right-of-way width.
This amendment will become effective immediately for the section-
of Spur. 380 presently completed, and effective at the time of
completion of future sections.
1
AMENDMENT III
WHEREAS, the State desires to operate and maintain the storm
water lift stations with submergible pumps, hereinafter call the
"System" , located on the north side of Spur 380 between Park
Street and Pennsylvania Avenue and at Royal Street, from the time
the Contractor is released from the contract to an unspecified
period of time which will include a rain with a duration and
intensity to cause the System to fully operate to the
satisfaction of the State. WHEREUPON, the State being completely
satisfied with the operations of the System shall transfer full
responsibility of said operation and maintenance to the City.
NOW, THEREFORE, in recognition of this proposed work the
Controlled and Non-Controlled Access Highways portion of said
Municipal Maintenance Agreement is amended under City' s Duties as
follows:
1. Operate and maintain the System upon transference of
responsibility from the State. Provide electrical energy to the
System from the time the contractor is released from the
contract, including the period the State has responsibility.
2. Not allow storm sewers, sanitary sewers or surface drainage
to enter the storm sewer system, including the lift station
outfall line, from any areas not specifically provided for on the
drainage area layout in the plans.
This amendment will become effective upon completion of the
section of Spur 380 that includes the System.
2