ORD 14 05/21/1969 • .� ' 0 III 410 111P
Form No , 1037
Ordinance
Feb . ' 61
ORDINANCE NO. /4/ :
AN ORDINANCE APPROVING THE AGREEMENT DATED /19/7Y -24 /969
BETWEEN THE STATE OF TEXAS AND THE CITY OF CWoIo
FOR THE, MAINTENANCE, CONTROL, SUPERVISION AND REGULATION OF
CERTAIN STATE HIGHWAYS AND/OR 'PORTIONS OF STATE HIGHWAYS IN THE
CITY OF ' Cibo + ; PROVIDING FOR THE EXECUTION OF
SAID AGREEMENT; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CQ10
SECTION 1 , That the certain agreement dated „ . '/4si < /, /9 c ,-
between the State of 'texas and the City of Moto
for the maintenance , control.,,,,supervision and regulation of certain
State Highways and/or portions, of' S'tate Highways locatedin the
City of tabolobe , and the same is , hereby approved ;
and that C f fC/1L47410? is hereby authorized to execute
said agreement on behalf of the City of CH to and
to transmit the same to the State of Texas for appr.opxiate action .
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 .
PASSED:' ' "0/ 2 / , /9b c
APPROVED: JM , V 2 / , /'1 7
/44W,74-2t;
Mayor
ATTST:
4 Sii7(Y
-A141— .
Secretary
City
Clerk
APPROVED AS TO FORM:
City Attorney
ORDINANCE NO. 14
An Ordinance Approving the ,
Agreement Dated May 21, 1969, 5 , 0P' O fp O t-3
kt id Between the State of Texas and
the City of Cibolo for the Main- nPO
tenance, Control, Supervision and �O 0 N CD
CD
ci- En
Regulation of Certain State High- ci N, 0 11 III e< c+
III
ways and/or Portions of State
Highways in the City of Cibolo; ,`.• o' O W c< -- p,t0-+b O c�i—
Providing for the Execution of CD 0 0 1-43 CD
Said Agreement:. and Declaring ! 0 �'
H p U2 CD 0 O
An Emergency. H. t3' Co
BE IT ORDAINED BY THE CD N. 0' to
W
CITY COUNCIL OF THE CITY SI ,O'3' cwt- pi CD pp CD
OF CIBOLO. 1:0F,, CD rn c+ H M
SECTION 1 That the certainfl)
agreement dated May 21, 1969 be- ~ a CD o y �' CCD C t
tween the State of Texas and the '• • 0 R' fc; ¢' 1-S
City of Cibolo for the mainte- , c+ 6, • 0
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nance, control, supervision and •p 0 CD
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regulation of certain State High- O` I-I ct F-1. CD L-+
ways and/or port.ons of State `� f O bd
Highways located in the City of c1W CD H f,, t-H
Cibe_o be, and the same is here- CD
H
by approved, and that F. S. • O c- ¢ fD 0 tom]
Schlather is hereby authorized a' W W (D t1
0
to execute said agreement on N ` O `+ ¢' III
CD
behalf of the City of Cibolo and CCD !b co
to transmit the same to the State N 10, 0
of Texas for appropriate action. H. CD
SECTION 2. The fact that the o o 0 1-4
work contemplated under the N CD p) m 0 II }—I
above ment.oned agreement is H ' - 0 t''' g H. ti
needed, creates an emergency f, 1 b O ci-
cc
which for the immediate preser- b N. P 1-3
vation of the public peace, health, Q a-' Cl) CrCrm 0 y
safety and general welfare re- H0
quires that this Ordinance take 0- P. CD ~'
effcct immediately from and S-, n� CD p
after its passage and-it is accord- tv HcD �' 0' III
ingly so ordained. t--'' tZ HI a H.
PASSED: May 21, 1969. ( CD irk
f,, m H
APPROVED: May 21, 1969, j cD W - 0 cG Cu
F. S Schlather, Mayor
ATTEST: �' `< -
Ray Corbett, City Secretary (1-c CQ M 'f' ,. E,, W
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COMM ISSION STATE HIGHWAY ENGINEER
-.-
J. H. KULTGEN, CHAIRMAN J. C. DINGWALL
HERBERT C. PETRY, JR TEXAS HIGHWAY DEPARTMENT
GARRETT MORRIS P. O. Box 5250
San Antonio, Texas 78201
June 12, 1969
IN REPLY REFER TO
FILE NO.
District 15
Municipal Maintenance Agreement and
Municipal Maintenance Ordinance
The Honorable F. S. Schlather
Mayor, City of_Cibolo
Cibolo, Texas
Dear Mayor Schlather:
We are attaching a copy of Municipal Maintenance Agreement and Mun-
icipal Maintenance Ordinance properly executed by both the City of
Cibolo and the State Highway Department for filing with your records.
This agreement was executed by the State on June 10, 1969.
' Very truly yours,
R. 0. Lytton
District Engineer
By /tom. 11,-� _
Wa ter B. Collier
District Maintenance Engineer
WHF:df
Attachment
• -
• • Form 038
(Revised 7-1-67)
MUNICIPAL MAINTENANCE AGREEMENT
STATE OF TEXAS O -
•
COUNTY OF TRAVIS O -
-
THIS AGREEMENT made this 2� —• day of 1l/I Y , 19 o9
by' and between the State of Texas, hereinafter referred to as the " State" , _
party of ,the .first part:, and the City of - 141,00 , tiati0400,
County, : Texas (population; ,r . , 1960 Federal Ce'nsus) 'acting by '
and .through its duly authorized officers, hereinafter called the "City" ,
party of the second, part.
• -
- •• - , -W I T N E .S S E. T 'H -
WHEREAS,' the, City has' requested the State to 'assistin 'the mainten-
ance of State Highway routeswithin ' such' city;' and "
r r r
' WHEREAS, the State Highway Engineer, acting for and in behalf of the
State Highway 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 responsi-
bilities of the parties thereto:
AGREEMENT
NOW, THEREFORE,' in consideration of the premises and -of the mutual
conVenants and agreements of the parties hereto to be by them respectively '
kept and performed, it is agreed as follows:
•
-1-
pr.
•
• • FormO38
•
r (Revised 7-1-67)
Coverage
1. This agreement is intended to cover and provide for State
participation in the maintenance of the following classifi-
cation of State Highway routes within the City:
_ A. Non-Controlled Access routes or portions thereof which
are described and/or graphically shown as "State Main- '
tained" 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 Highway Commission as Con-
trolled Access Highways and which are described and/or
graphically shown in Exhibit "B" , which, is attached- "
hereto and made a part hereof.
2. The City shall retain full responsibility for -the. mainten-
ance of those State Highway routes and portions thereof
which are listed and/or graphically shown in Exhibit "A"
and. Exhibit "B" as "City Maintained" routes, except that
the State is hereby authorized by the City to erect and
maintain normal route markers and directional and desti-
nation signs thereon for direction of highway traffic:
3. 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- -
• Alb
• i For038
(Revised 7-1-67)
2 . This agreement shall supplement any existing agreements between
the State and the City for the maintenance or construction and
maintenance of the highways covered herein and this agreement
shall supersede such existing agreements only in respect to
points of conflict.
3 . Traffic regulations including speed limits, will be established
and fixed by agreement with the State after traffic and engi-
neering surveys have been conducted.
4. 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 installation specifically covered by
separate agreements between the City and State.
5 . 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 obli-
gation either real or anticipated concerning such State Highway
routes through the City.
6. The City shall prohibit the movement of loads over State main-
tained streets which exceed the legal limits for either weight,
length, height or width, as prescribed in Vernon's Penal Code
827a for public highways outside coporate 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.
7. 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 specifi-
cally authorized by separate agreement; and prohibit the plant-
ing of trees or shrubbery or the creation or construction of
any other obstruction within the right of way without prior
agreement with the State.
8. The City agrees that traffic control devices, such as stop
and slow signs, traffic signal lights and other types of
devices for traffic control, in respect to type of device,
points of installation, and necessity will be fixed by agree-
-3-
•
_ • , • Form ill8
(Revised 7-1-67)
ment with the State after traffic and engineering surveys have
been made . The City agrees that it will not install or main-
tain or permit the installation or maintenance of any type of
traffic control device which will affect or influence the
utility of the State Highway routes without having obtained in
writing the prior approval of the State . Traffic control de-
vices 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
future traffic signal lights installed as a joint project by
the City and State will be the subject of a separate agreement
outlining the responsibilities for installation and maintenance .
9. The City agrees to continue its responsibility for proper con-
struction, maintenance and control of access driveway facilities
in accordance with "Regulations for Access Driveways to State
Highways" adopted by the Texas Highway Department or in accord-
ance with other standards and specifications for the design,
construction and maintenance details subject to approval by the
Texas Highway Department.
10. It is understood that the use of unused right of way and areas
beneath structures for parking, will be the responsibility of
the City as determined by a separate agreement.
NON-CONTROLLED ACCESS HIGHWAYS
State ' s Responsibilities
1. Maintain the pavement, base and its support and maintain the
shoulders on those sections where there is no curb and gutter.
2. Install and maintain normal highway markings necessary for
directing highway traffic in a safe and efficient manner, which
shall include normal route markers, directional and destination
signs, center line, lane line and no-passing barrier line
stripes, and such other pavement markings considered necessary
for direction of traffic, except crosswalks. Any other traffic
striping desired by the City may be placed and maintained by
the City subject to the approval of the State.
-4-
r �' •
• -- Fo rm•3 8
(Revied 7-1-67)
3. Assist the City in sweeping and otherwise cleaning the pavement,
in, mowing and cleaning of litter; - arid in maintenance of roadway
ditches, on those sections of State Highway routes where and to
the extent that such ,duties are delineated on Exhibit "A" .
4:• Assist in snow and ice control as availability of- labor and
equipment will allow. -
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: Require installations, repairs, removals oradjustmentsof
publicly or privately owned utilities or services to be per= -
formed `in accordance withStateHighway Department specifi-
cations and `subject -to_ approval of the State. •
3. Retain all functions and responsibilities for maintenance,
control, supervision, and regulation which are not specifi-
cally described as the responsibility of the State. The
assistanceby 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 theStateother than above is speci-
fically covered in a separate agreement between the City and
the State. - •
-5--
• /II Form.38
(Revised 7-1-67)
CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall be applicable
to controlled access highways in addition to the "General Conditions" con-
tained 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 Duties -
1. =Maintain the travelled surface of the through lanes, ramps and
frontage , roads and those things beneath such travelled 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.
5. Erect and maintain all normal markings and signs necessary for
the proper use of the facility and direction of traffic thereon.
6. Maintain all drainage facilities within the limits of the right
of way.
City' s Duties
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.
-5a-
! • • •
Form8
(Revis d 7-1-67)
2. Pass and enforce an ordinance providing for one way traffic on
the frontage roads except as may be otherwise agreed to by separ-
ate 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 under-
taken, 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 practicable.
4. Pass necessary ordinances and retain its responsibility for en-
forcing the control of access to the Freeway facility.
-5b-
•
w �' • 411 411 Fo`rin 8
(Revi 7-1-67)
•
Termination
1. It is understood and agreed between the parties hereto that all
obligation 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 thirty days written notice .
Said State assumption of maintenance shall be effective the date of
execution of this agreement by the Highway Department.
IN WITNESS WHEREOF, the parties have hereunto affixed their signa-
/17
tures, the City of Cibta0 on the 2/ -- day of Mia
19 , and the Highway Department on the /D. " day of
______ae,e,,,,i___,J 19 t9 ,
ATTEST: CITY OF Ctbs io
w' BY f 6021
t
(Title of Sagning Official)
STATE OF TEXAS
APOVAL RECO NDED: Certified as being executed for the
purpose and effect of activating and/or
carrying out the orders, established
istrict �� gine-r, District policies, or work programs heretofore
' . approved and—authorized by the State
�` Z yc- - Highway Commission.
Engineer of Maintenance /
04/ Byt.. ) '.-*'-'Xi
Chief Engi/n er of Maintenance
Operations
AUTHORITY FOR EXECUTION IS ACCOMPLISHED UNDER
MINUTE ORDER NO, 60394
Note: To be executed in triplicate and supported by Municipal
Maintenance Ordinance and Certificate' of City Secretary.
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• . •
r
EXHIBIT "A"
NON-CONTROLLED ACCESS HIGHWAY
I. STATE MAINTAINED
A. Developed Areas:
1 . FM 78: From Pecan Street to FM 1103
(Base, Surface, & Assist in Sweeping)
2. FM 1103: From Bee Alley Street to FM 78
(Base, Surface, & Assist in Sweeping)
B. Undeveloped Areas:
1 . FM 78: From West City Limits to Pecan Street
(Base; Surface; Assist in Sweeping, Mowing, Cleaning Litter, and
Maintenance of Roadway Ditches.)
2. FM 78: From FM 1103 to East City Limits
(Base; Surface; Assist in Sweeping, Mowing, Cleaning Litter, and
Maintenance of Roadway Ditches.)
3. FM 1103: From North City Limits to Bee Alley Street
(Base; Surface; Assist in Sweeping, Mowing, Cleaning Litter, and
Maintenance of Roadway Ditches.)
II. CITY MAINTAINED
A. None -