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HomeMy WebLinkAbout1996-163FILE REFERENCE FORM 96-163 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILES Date Initials Amendment to Agreement [original is attached] 01/22/08 ) R Amendment to Agreement — Ordinance No. 2009-252 10/06/09 ) R txdotmnt ord ORDINANCE NO %CD -'/63 AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE AN AMENDED MUNICIPAL MAINTENANCE AGREEMENT FOR STATE HIGHWAYS, BETWEEN THE CITY OF DENTON, TEXAS AND THE STATE OF TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is authorized to execute an amended Municipal Maintenance Agreement for State Highways, between the City of Denton, Texas and the State of Texas, acting through the Texas Department of Transportation, under the terms and conditions contained within the amended agreement, which is attached hereto and made a part hereof SECTION II That, upon final execution of the amended agreement, this ordinance shall supersede all prior ordinances or resolutions authorizing agreements between the parties pertaining to this issue, and that in all other respects, this ordinance shall become effective immediately upon ittsppassage an approval PASSED AND APPROVED this the �cll, day of 1996 ATTEST e JACg MILLER, MAYOR , CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Form 1037-1 MUNICIPAL MAINTL'IVANCI ORDINANCE AN ORDINANCE PROVIDING FOR THL MAINTENANCL OI CITTAEN S`i'ATI HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN 'THL CITY OP ri, Im, , COUNTY OP ^n TEXAS, HEREBY REFERRED TO AS MUNICIPAL MAINTENANCE PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OR OTHI,R AUTHORIZED CITY OIFICIAL, TO EXECUTE AND AFFIX THE CORPORATE SLAL AND ATT15T SAME A CERTAIN AGREEMENT BETWLEN THE CITY AND THI STATL OF TEXAS, PROVIDING FOR THE MAINTENANCE AND USE OF THE SAID MAINTENANCI PROJECT AND DE- CLARING AN EMERGINCY AND PROVIDING THAT 'PHIS 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, made a part hereof, and marked "MUNICIPAL MAINTENANCE AGREEDI.ENT", and WHEREAS, said project consists of those Statc Highways and/or portions thereof which are described and included in the form attached hereto and marked "MUNICIPAL MAINTENANCE AGREEMENT " NOW, THEREFORE, BE IT ORDAINED by the "M SECTION 1 That the public convenience, safety and necessity of the City and the people of the City require said project be adequately maintained SECTION 2 That the State of Texas be and is hereby authorized to enter upon and maintain said maintenance project SECTION 3 That the Mayor, or proper City official, of the City, 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 form attached hereto, made a part hereto, and marked "MUNICIPAL MAINTENANCE AGREEMENT " The City Secretary is hereby directed to attest the agreement and to affix the proper seal of the City thereto SECTION 4 The Mayor of the City, having requested in writing that this ordinance take effect forthwith and there being in fact an emergency and imperative necessity that the work herein provided for be begun and carried out promptly and with expedition and that the agreement aforesaid shall be immediately made, executed and delivered to the end that such work herein provided for may be begun and carried out promptly and with expedition The reading of the ordinance on three several day- is hereby dispensed with and the same shall be in full forcc and effect from and after its passage Form 1037-2 (Amended) STATE OF TEXAS Q COUNTY OF DLhT0N the duly appointed, qualified and acting city secretary of the City of T)PNWN , 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 Cau -lk— , A D , 19 90 , at!!Z CT-Lo'clock P M To certify which, witness my hand and seal of the City of BE`7M% TEXAS, this due 0��L- day of 19 $01 at DrUiTOh Texas Clyy Secretary of the City of DE+;Trk, Texas MUNICIPAL MAINTENANCE AGREEMENT STATE OF TEXAS X COUNTY OF TRAVIS X Form 1038 (Revised 2/77) (Amended) THIS AGREEMENT made this�� day of 19 90, by and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of DFNTO); DP!=N County, Texas (population 39,874 , 19 70 Federal Census) 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 assist in the mainte- nance 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 A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of the mutual convenants and agreements of the parties hereto to be by them respect- ively kept and performed, it is agreed as follows Coverage 1. This agreement is intended to cover and provide for State partici- pation in the maintenance of the following classification of State Highway routes within the City -1- Form 1038 (Revised 2/77) 1 A Non -Controlled Access routes or portions thereof which are de- scribed 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 Com- mission 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 The City shall retain full responsibility for the maintenance 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 direction- al and destination signs thereon for direction of highway traffic. 3 In the event that the present system of State Highway routes with- in 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 of 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. 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 ex- isting Municipal Maintenance Agreements 3. Traffic regulations including speed limits, will be established and fixed by agreement with the State after traffic and engineer- ing 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 installations specifically covered by separate agreements between the City and State -2- Form 1038 (Revised 2/77) 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 obligation either real or anticipated concerning such State Highway routes through the City. 6 The City shall prohibit the movement of loads over State maintain- ed 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. 7. The City shall prevent future encroachments within the right of way of the highway routes and assist in removal of any present en- croachments 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. 8. The City agrees that traffic control devices, such as signs, traf- fic signals and pavement markings, in respect to type of device, points of installation, and necessity will be fixed by agreement with the State after traffic and engineering surveys have been made. The City agrees that it will not install or maintain or permit the installation or maintenance of any type of traffic con- trol 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 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 future traffic control devices 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 assure the grantee's conformance, for proper construction and maintenance of access driveway facilities, in ac- cordance with "Regulations for Access Driveways to State Highways" adopted by the State Department of Highways and Public Transporta- tion or in accordance with other standards and specifications for the design, construction and maintenance details subject to ap- proval by the State Department of Highways and Public Transporta- tion. -3- roan 1038 (Revised 2-77) 10 It is understood that the use of unused right of way and areas be- neath structures will be as determined by a separate agreement 11 On those State Highway routes and portions thereof which are list- ed and/or graphically shown on Exhibit "A" and Exhibit "B" as "City Maintained" routes, the City agrees to perform biennial in- spections of all bridges and bridge classified culverts not later than July 1 of each even numbered year, and to provide inspection and inventory data to the State, all in accordance with National Bridge Inspection Standards. 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 direct- ing highway traffic in a safe and efficient manner, which shall include normal route markers, directional and destination signs, city limit signs, school safety devices including school cross- walks (in cities under 15,000 population only), center line, lane line and no -passing barrier line stripes, and such other pavement markings considered necessary for direction of traffic, except pe- destrian crosswalks. Any other traffic striping desired by the City may be placed and maintained by the City sub3ect to the ap- proval of the State. 3 Assist the City in sweeping and otherwise cleaning the pavement, in mowing and cleaning of litter, and 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 equip- ment 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 de- termine 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, school safety devices including school crosswalks (in cities over and,00 specpapula- tion only), pedestrian crosswalks, p stripes P guide signs when agreed to by the State Signing and marking of -4- Form 1038 (Revised 2-77) intersecting city streets to State Highway routes will be the full responsibility of the City 3 Require installations, repairs, ly or privately owned utilities cordance with State Department tion specifications and sub]ect removals or ad3ustments of public - or services to be performed in ac- of Highways and Public Transporta- to approval of the State 4 Retain all functions and responsibilities for maintenance, con- trol, supervision, and regulation which are not specifically de- scribed 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 -5- Form 1038 (Revised 2-77) CONTROLLED ACCESS HIGHWAYS The following specific conditions and responsibilities shall be appli- cable to controlled access highways in addition to the "General Condi- tions" contained herein above. Routes of controlled access highways or portions thereof covered by this section are those listed and/or graph- ically shown in Exhibit "II" State's Duties 1 Maintain the traveled surface of the through lanes, ramps and frontage roads and those things beneath such traveled surface nec- essary for the proper support of same under vehicular loads en- countered. 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 ex- ist, 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 as- sist in these operations as the availability of equipment and la- bor 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 tak- ing 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. -5a- Form 1038 (Revised 2-77) 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 imme- diate action is necessary for protection of the public and to min- imize property damage and loss of investment, the City, without the necessity of approval by the State, may at its own responsibi- lity 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- Form 1038 (Revised 2-77) Termination 1 It is understood and agreed between the parties hereto that all obligation of the State created herein to maintain the State High- way 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 ex- ecution of this agreement by the Texas Department of Transportation IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of D€MTn on the11�day of I 191,&_, and ttheTexas Department of Transportation on the l�day of 19�. ATTEST. �yy / q APPROVAL RECOMMENDED �j / A DxstYict Engineer, N lA Engineer of Maintenance CITY OF Iv3TaQ BY MAYOR c Title of Signing Official STATE OF TEXAS Certified as being executed for the purpose and effect of acti- vating and/or carrying out the orders, established policies, or work programs heretofore ap- proved and authorized by the Texas Department of Trans- p tation. n BY D t ict Engineer Note To be executed in triplicate and supported by Municipal Mainte- nance Ordinance and Certificate of City Secretary -6- ATTACHMENT A Inasmuch as this project is on the Federal -Aid highway system, the following additional requirements as applicable with the Federal Highway Administration's Title 23, Code of Federal Regulations, Section 713. 1. Any significant revision in the design or construction of the facility shall receive prior approval by the Texas Department of Transportation subject to concurrence by the FHWA. 2. Any change in the authorized use of airspace shall receive prior approval by the Texas Department of Transportation subject to concurrence by the FHWA 3. The airspace shall not be transferred, assigned or conveyed to another party without prior Texas Department of Transportation approval subject to concurrence by the FHWA. 4. This agreement will be revokable in the event that the airspace facility ceases to be used or is abandoned. EXHIBIT E EXHIBI1 "A" NON CONPROLLED ACCESS IIIGIIWAI 1 b1A1L MAINTAINLD A U S 77 Business From North City Limit to the intersection of Sherman Route (Southbound Drive which includes only those sections of U S 77 & Northbound) within the City Limit (Base, surface, assist in mowing, cleaning litter, and in maintenance of road- way ditches ) B U S 77 Business From intersection of Sherman Drive over Elm Street Route (Southbound) to intersection of U S 380 (University Drive) (Base, surface, and biioge classification structures only ) C U S 77 Business From U S 380 (University Drive) over Elm Street to Route & U S 377, intersection of McKinney Street (Base, surface, and Southbound bridge classification structures only ) D U S 77 Business From Mulberry Street over Elm Street to intersection Route & U S 377, of Eagle Drive (Base, surface, and bridge classifi- Southbound cation structures only ) E U S 77 Business From intersection of Eagle Drive over Eagle Drive to Route (Southbound Dallas Drive to Approximately 190' South of Allegro & Northbound) Vista Street (Base, surface, and bridge classifica- tion structures only ) F U S 77 Business From approximately 190' South of Allegre Vista Street Route (Southbound to IH 35E (Base, surface, assist in mowing, clean- & Northbound) ing litter, and in maintenance of roadway ditches ) G U S 377 (South- From intersection of Elm Street and Eagle Drive over bound & North- Fort Worth Drive to intersection of South Roselawn bound) Drive (Base, surface, and bridge classification structures only ) H U S 377 (South- From intersection of South Roselawn Drive to South - bound & North- west City Limit (Base, surface, assist in mowing, bound) cleaning litter, and in maintenance of roadway ditches ) I U S 377 (North- From intersection of Nagle Drive and Fort Worth Drive bound) over Eagle Drive to Locust Street (Base, surface, and bridge classification structures only ) J U S 377 & U S From intersection of Eagle Drive and Iocust Street over 77 Business Route Locust Street to intersection of Mulberry Street (Northbound) (Base, surface and bridge classification structures only) K U S 377 & U S From intersection of McKinney Street over Locust Street 77 Business Route to intersection of U S 380 (University Drive) (Base, (Northbound) surface, and bridge classification structures only ) Page -2- EXHIBIT "A" NON' CONCROLLED ACCESS HIGHWAY STATE MAINTAINED (Amended) L U S 380 From West City Limit over University Drive to I11 35 (Base, surface, assist in mowing, cleaning litiei, and in maintenance of roadway ditches ) M U S 380 From IH 35 over University Drive to intersection of U S 377 Northbound (Locust Drive) (Base, surface, and bridge classification structures only ) N U S 380 & From intersection of U S 377 Northbound (Locust St ) U S 377 over University Drive to intersection of Frame Street (Base, surface, and bridge classification structures only ) 0 U S 380 & From intersection of Frame Street over University Dr U S 377 to East City Limit (Base, surface, assist in mowing, cleaning litter, and in maintenance of roadway ditches) P F M 2181 From IH 35E over Teasley Lane to the Southeast City Limit, which includes only those sections of F M 2181 within the City Limits (Base, surface, assist in mow- ing, cleaning litter, and in maintenance of roadway ditches ) Q F M 1515 From Junction of Ill 35E, west to intersection of Count, Road near Denton Airport (Base, surface, assist in mowing, cleaning Litter, and in maintenance of roadway ditches ) Woodrow R F M 426 Fiom intersection of W)OH", Street over E McKinney (Amended) Street to East City Limit (Base, surface, assist in mowing, cleaning litter, and in maintenance of roadway ditches ) S F M 2164 From North City Limit over N Locust Street to the Junction of North U S 77 Business Route (Base, sur- face, assist in mowing, cleaning Litter, and in main- tenance of roadway ditches ) T F M 1830 Fiom Junction of U S 377 to the South City Limit. (Base, surface, assist in mowing, cleaning litter, and in maintenance of roadway ditches ) U Loop 288 From Junction of U S 380 to Junction of IH 35E (Base, surface, assist in mowing, cleaning litter, and in main- tenance of roadway ditches ) V F M 428 From North City Limit over Sherman Drive to intersection of Hercules Street (Base, surface, assist in mowing, cleaning litter, and in maintenance of roadway ditches ) Page -3- EXHIBIT "A" NON CONTROLLED ACCESS HIGHWAY (Amended) II CITY MAINIAINP.D A U S 77 Business from intersection of McKinney Street over Elm Street Route & U S 377 to Mulberry Street for southbound traffic, and from intersection of Mulberry Street over Locust Street to McKinney Steet for northbound traffic B U S 77 Business From intersection of U S 380 (University Drive) and Route (Northbound) Locust Street, North over Locust Street to the inter- section with Sherman Drive, thence West over Sherman Drive to the intersection with Elm Street C F M 426 From intersection of Northbound U S 77 Business Route (Amended) and Northbound U S 377 over McKinney Street to inter- section of 1(§tR*)V Street Woodrow D F M 428 From intersection of Hercules Street over Sherman Drive to intersection of Locust Street EXHIBIT "B" CONTROLLED ACCESS HIGHWAY I STATE MAINTAINED A IH 35 From North City Limit to intersection with IH 35E & IH 35V B IH 35E From intersection with IH 35 & IH 35W to Southeast City Limit C IH 35W From intersection with IH 35 and IH 35E to Southeast City Limit II CITY MAINTAINED None 1 \ 31]] N p - .30 FAS �;--� fit I x c I I 1 1 rJeit I s6 M� cn 0 / J �U.xi0C I % a" r0 —A "I � \ i�DENgONI 1x p '1 .x. wIj i KRUM_I ] a� ��r II ol 58 A6_ c AS bwo. 1 �eMinionr 1 4a axc zl i°] Marxol PONDER SMAOY eRORES t I _ y a 1 I N L. Nag / S. 1CORINTH NORTHLANE y �yvxmo dl OP I I 1 - rB1UCREEKJ h^ \ P 310 LEGFND - �» EXHIBIT "A" �s NON CONTROLLED ACCESS HIGHWAYS. -' —^ COPPER a� CANYON 1 tl 'a, 3POIC5x1 STATE MAINTAINED (RASE, SURFACE, ASSIST \\44 IN MOWING, CLEANING LITTER AND IN MAIN- M' I HIGHLAND TENANCE OF ROADWAY DOUBLE OAK i 1 VILLAcfi �+I„ rHa,l DITCHES) __ Y r�aa�olC],I o7 FAS156 I SPATE MAINTAINED (BASE, SURFACE, AND 1 BRIDGE CLASSIFICA—TION STRUCTURES '— — 1 — 14_ ONLY) A,- 4'aslr I Q CITY MAINTAINED -I " FLOWER IS �1110gJIN Is WIWI13M S IdOY wAotll W.N9NIM]fl9 I I 1 I I I I _I I �a z T-' 2-ISO , is p rvlxov a I I I i I 1 I t Ig— f[OZ 1 C., .IW NCB ue + T "LAKE sr za � 0 F j o yyN MM A, 0 KRUGER, H POF..3 -_____ l , Legend Ot�c \ ` \ 3 z � II 11 GOp, ER ll� l!�� `—POss..IT3 ConProlic-ci Access Ilighv�ayJ co R RAL M \OILY s zooasilIi Slot- f1-,rrrfameJ r ` \ L�oousLe OAK 1 f Scinfained 6 reoARTONVII LE STATE OF TEXAS § COUNTY OF TRAVIS § AMENDMENT TO MUNICIPAL MAINTENANCE AGREEMENT WHEREAS, on the 25th day of July 1996, the Texas Department of Transportation, the "State" and the City of Denton, the "City" entered into a Municipal Maintenance Agreement intended to cover and provide for State participation in the maintenance of state routes within the City; and WHEREAS, the State provides mowing and/or litter control maintenance of certain state routes within the City, including IH 35, IH 35E, and Loop 288; and WHEREAS, the State conducts this mowing and litter control maintenance through its mowing and litter control contractors; and WHEREAS, the City desires to perform additional mowing and/or litter control. maintenance on the aforementioned state routes for a pilot period from January to July 2008; and WHEREAS, the State agrees that the City may independently contract .for additional mowing and/or litter control maintenance; and WHEREAS, the City and the State . agree to amend the existing Municipal Maintenance Agreement. ITc77��ird��ir NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements of the parties hereto to be. by them respectively kept and performed, as hereinafter set forth, the City and State do mutually agree to the amendment as follows: 1. The State will continue to mow and perform litter control on the state routes in accordance with its current vegetation management policy. The State and City agree to amend the Municipal Maintenance Agreement specifically, Paragraph 2 under Controlled Access Highways as follows: CONTROLLED ACCESS HIGHWAYS State's Duties 2. The City and State agree that the City may mow and clean up litter, by and through its own employees or by and through a contractor(s) selected by the City through its selection process and paid for by the City, within the outermost curbs Of the frontage roads and assist in performing these operations between the right of way line and in the outermost curb or crown line of the frontage road in undeveloped areas. Routes of controlled access highways are as shown in Exhibit "B" of the Municipal Maintenance Agreement. The City agrees that for mowing and litter clean up, if performed by employees of the City, the City shall show proof of self-insurance. If mowing and/or litter clean-up is performed by a contractor(s) selected by the City through its selection process, the City shall require the contractor(s) to have in place, insurance as evidenced by the State's Certificate of Insurance form. Prior to any mowing or litter clean up by the City, such evidence of self-insurance or certificate of insurance shall be provided to State. The City shall coordinate its mowing schedule with the State at the beginning of any growing season in which it desires to perform additional mowing and/or litter clean-up. IN TESTIMONY WHEROF, the parties hereto have caused this amendment to be executed in duplicate. The Amendment becomes effective when last executed. In all other respects, the Municipal Maintenance Agreement shall remain in full force and effect without change. This amendment shall expire seven (7) months following the final execution of the agreement. Any further mowing and litter control activities by the City shall be addressed in a future amendment. THE CITY OF DENTON By: George C. Ca pbell, City Manager Date: .1\ A U Z Attested by: . ity S retary THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders and established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Approved-- By. William L. Hale, PE Dallas District Engineer, Texas Department of Transportation Date: