1996-163
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FILE(S) Date Initials
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Amendment to Agreement [original is attached] 01/22/08
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Amendment to Agreement – Ordinance No. 2009-252 10/06/09
txdotT~%t
ORDINANCE NO ~
AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO
EXECUTE AN AMENDED MUNICIPAL MAINTENAI~CE 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 w~thln 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, th~s ordinance shall
become effective Immediately upon its passage an%approval
JAQ~ MILLER, MAYOR
ATTEST
IF~T~-RS, CITY SECRETkRY
~PPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Form 1037-]
MUNICIPAL MAINT[~2~C] ORDiNA~C~
~N ORDIN~J~CE PROVIDING FOR THC MA1NTLI~ANCL 0t~ CEIITAiN STATt
HIGHWAYS ~D/OR PORTIONS OF STATE HiGRWAY5 IN ~I]{L CITY
~ COUNTY 0I~ ') ~ ~o
T~ H~{~Y R~R~ TO AS ~ICiPAL ~INT~CE PROJECT
AUTHORIZ~G ~{E ~YOR 0F THE CI~ OR 0~ AU~ORI~ CITY O~FIC~,
TO ~UTE ~D ~IX ~{E CORPO~TL S~ ~D ATT~LT S~E A C~TAI~
AGRE~T BETWE~ ~E CI~ ~D ~t STATL OF T~, PROVID~G FOR
THE ~T~CE ~D USE OF ~E SAID ~INT>~C~ PROJmCT ~D DE-
CLUING ~ ~G]~CY ~ PROVID~G THAT THIS O~IN~CE SiIOULD BE
~F~TIVE FROM ~D ~T~ ITS P~SAGE
~ the Publzc convenmenc% safety and necessity o~ the
Czty~ and the people of the Czty require that State Hzghway routes w~th~n the
C~ty be adequately ~nta~ned, and
~ the Cmty has requested that the State of Texas~ enter
upon and contrmbute fmnanc~ally to the maintenance of ~azd pro0ect, and
WH~ the State of Texas has made mt kno~ to the C~ty
that mt wzll~ wmth lts o~ forces ~d equipment and at mts sole cost and ~ens%
enter upon and mamnta~n samd prooect~ cond~tzoned upon the provzszons concern~
liabilities and responsibilities for ~lntenanc% control~ superv~slon~ and
regulatmon whzch are set out ~n the form attached hereto~ made a part hereof~ and
marked "~ICIP~ ~T~CE AGRE~T", and
~ samd pro~ect consmsts of those Stata H~ghways and/or
portzons thereof whmch are described and ~ncluded ~n the form attached hereto and
marked "~ICIP~ ~T~CE AGRE~T"
NOW~ ~ORE~ BE IT 0~A~ by the
S~TION 1 ~at the public convenmence~ safety and necessity of the City
~d the people of the City requmre samd pro~ect be adequately ma~ntamned
S~TION ~ That the State of Texas be and ms hereby authorized to enter
S~TION S That the Mayor~ or proper C~ty offlclal~ o~ the C~ty~ be and
ms hereby authormzed to execute for and on behalf of the 6~ty an agreement wmth
the State of Texas~ mn accordance wmth and for the purpose of carrying out the
terms and prov~smons of thms order~ %n the form at~ached hereto~ made a part hereLo~
and marked "~ICIP~ ~INT~CE ~R~T" The C~ty Secretary ~s hereby dmrected
~o attest the ~reement and to affmx the proper seal of the Cmty thereto
S~TION ~ The Mayor of the Cmty~ having requested ~n ~mtmng that this ordinance
t~e effect forthwmth and there being mn fact an emergency and mmperatmve necessity
that the work here~n provided for be begun and carried on% promptly and w~th expedmt~on
and lhat the agreement aforesamd shall be m~edmately made~ executed and delmvered
to the and that such work here~n provmded for may be begun and carrmed out promptly
grid wlth expedmtmon The readm~ of the ordinance on three several day~ ms hereby
d~spensed w~th and the same shall be ~n full ~orca and efiect from and after mrs
pass~e
Form 1037-2
(~ended)
STATE OF TtlXAS ~
COUNTY OF DLhTO~: ~
I~ ~ ~Of~ ~ ~ ~-~\~- ~ the duly appolnted~
qualified and acting city secretary of the C~ty of
Texas~ hereby certl£y that the £oregomng pages constitute a true and correct
copy of an ordinance duly passed by the City Council at a meeting held on
~! ~ ~ A D , 19 ~0 , at ~ ~ o'clock ~ M
To certify whlch~ witness ~n_d and seal of the C~ty of
Tm~ this due ~ day of ~ ~ 19 ~ at
Texas
Secretary of the City of
Texas
Form 1038
(Revmsed 2/77)
(/%nended)
MUNICIPAL MAINTENANCE AGREEMENT
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT made this ~ .day of ~31~ , 19 ~0,
by and between the State of Texas, hereinafter referred to as the
"State", party of the first part, and the City of DF~TON ,
~ENTON County, Texas (population 39,874 , 19 70 ,
Federal Census) acting by and through mts duly authormzed officers,
hereznafter called the "City", party of the second part
W I TNE S S E T H
WHEREAS, the City has requested the State to assist in the mainte-
nance of State Hzghway routes w~thln such city, and
WHEREAS, the Engmneer-Dlrector, acting for and in behalf of the
State Hlghway and Public Transportation Commission, has made it known
to the Czty that the State wzll assist the City mn the maintenance,
control, supervmslon, and regulatzon of State Highway routes w~thln
such city, condmtloned that the City w~ll enter znto agreements w~th
the State for the purpose of determining the responsibilities of the
part~es thereto
AGREEMENT
NOW, THEREFORE, in conszderatlon of the premises and of the mutual
convenants and agreements of the parties hereto to be by them respect-
zvely kept and performed, it is agreed as follows
Coverage
1. This agreement zs intended to cover and provide for State partlcm-
patlon in the maintenance of the following classmflcatmon of State
Hzghway routes within the City
-1-
Form 1038
(Revised 2/77)
1 A Non-Controlled Access routes or portions thereof which are de-
scrzbed and/or graphically shown as "State Mazntazned" routes
zn Exhlbzt "A", which is attached hereto and made a part
hereof
B Ail 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 zs attached
hereto and made a part hereof
2 The City shall retazn full responslbzl~ty for the maintenance of
those State Highway routes and portions thereof which are listed
and/or graphically shown zn Exhibit "A" and Exhibit "B" as "City
Maintained" routes, except that the State zs hereby authorized by
the City to erect and maintain normal route markers and dzrectlon-
al and destlnatzon szgns thereon for dzrectlon of h~ghway traffic.
3 In the event that the present system of State Hzghway routes with-
in the City zs changed by cancellation, modified routing, new
routes, or change ~n the City's corporate limits, the State shall
termznate maintenance and this agreement shall become null and
void on that portion of the routes which are no longer routes of a
State H~ghway, and the full effect and all conditions of this
agreement shall apply to the changed routes or new routes of the
State H~ghways wzthln the City and shall be classlfmed as "State
Mamntazned" 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 Czty hereby agrees and does hereby authorize the State to
mamntazn the State Hmghway routes covered by this agreement ~n the
manner set out herein.
2. Thzs agreement shall supplement any special agreements between the
State and the Cmty for the maintenance and/or construction of the
highways covered herein and this agreement shall supersede any ex-
lstmng Municipal Maintenance Agreements
3. Traffzc regulations including speed limits, will be established
and fixed by agreement with the State after traffic and engineer-
lng surveys have been conducted
4 It ls 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 speclfzcally covered by separate
agreements between the City and State
-2-
Form 1038
(Revlsed 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 e~ther 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 r~ght 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 wlthln the right of way without prior agreement with
the State.
8. The C~ty 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 devlce which will affect or influence the utility of the
State Highway routes w~thout having obtained ~n 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
th~s agreement and the City agrees to the removal of such devices
which affect or influence the utility of the State Highway routes
unless their contlnued 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 H~ghways and Public Transporta-
tion.
-3-
Form 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-
lng 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 l~tter, 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
~lty'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 15,000 popula-
tion only), pedestrian crosswalks, parking stripes and special
guide signs when agreed to by the State Signing and marking of
-4-
Form 1038
(Revmsed 2-77)
lntersectmng czty streets to State Hzghway routes wzll be the full
respons~bmlmty of the Cmty
3 Requlre mnstallatzons, repamrs, removals or ad]ustments of publmc-
ly or privately owned utmlmtzes or servzces to be performed mn ac-
cordance with State Department of Hzghways and Publmc Transporta-
tion speczflcat~ons and subject to approval of the State
4 Retamn all functions and responslbmlmt~es for mazntenance, con-
trol, supervzszon, and regulatmon whzch are not specmfmcally de-
scrmbed as the respons~b~lmty of the State The assistance by the
State mn mamntenance of roadway ditches does not relieve the C~ty
of mts responsmb~lmty for draznage of the hmghway facmlmty wmthzn
mrs corporate lmmmts except where partmcmpatmon by the State other
than above ~s specmf~cally covered mn a separate agreement between
the Czty and the State
-5-
Form 1038
(Revlsed 2-77)
CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall be appli-
cable to controlled access highways in addition to the "General Condl-
tzons" contazned here~n above. Routes of controlled access highways or
portions thereof covered by this section are those listed and/or graph-
lcally shown in Exhibit "B"
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 vehmcular loads en-
countered.
2. Mow and clean up litter wzthln 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-
szst 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.
-Sa-
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 responslbmllty for en-
forcing the control of access to the Freeway facility.
-5b-
Form 1038
(Revised 2-77)
Termination
1 It ls 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 fall 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 effectmve the date of ex-
ecutzon of this agreement by the Texas Department of TransportatIon
IN WITNESS WHEREOF, the part~es have hereunto affixed their signatures,
the City of 9~T~ on the //~ day of ~ ...'
19~, and theTexas Department of Transportation
on the ~d~ay of ~.-- , 19 9~-
ATTEST. , ~~ CITY OF ~T~
(Title ~'Signing official)
APPROVAL RECOMMENDED STATE OF TEXAS
Certified as being executed for
~ //~ the purpose and effect of actl-
District Engineer, " vatlng and/or carrying out the
orders, established policies,
or work programs heretofore ap-
A proved and authorized bv the
~ ~exas Department of Trans-
En~zneer of Maintenance pq~tatzon.
B D~lct/~nglnee~ . , .
Note To be executed an triplIcate and supported by Municipal Mainte-
nance Ordinance and Certificate of City Secretary
-6-
ATTACHMENT A
Inasmuch as this pro3ect is on the Federal-Aid highway system, the
followlng additional requirements as applicable with the Federal
Hlghway 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. A~y 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
EXttIBI% "A"
NON CONTROLLED ACCESS IIIGHWAt
1 biAIL MA INTA~NLD
A U $ 77 Bus,ness From North City Limit to thc lntcr~ect]on 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 htter, and in maintenance of road-
way d~tches )
B U S 77 Bus,ness From ~ntersectlon of Sherman Dr,vt, over Elm Street
Route (Southbound) to intersection of U q 380 (University Drive)
(Base, surface, and b~loge classification structures
only )
C U S 77 Bus,ness From U S 380 (University Drive) over Elm Street to
Route & U S 377, intersection of McKznney 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 clas~lfl-
Southbound cation structures only )
E U S 77 Bus~ness From intersection of Eagle Drive over Eagle Drive to
Route (Southbound Dallas Dr~ve to Approximately 190' South of Allegre
& Northbound) Vista Street (Base, surface, and bridge classifica-
tion structures only )
F U S 77 Business From approximately 190' South of Allegre V~sta Street
Route (Southbound to IH 35E (Base, surface, assist in mowing, clean-
& Northbound) lng htter, and ~n 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 Eagle Drive and Fort Worth Drive
bound) over Eagle Drive to Locust Street (Base, surface, and
bridge classification sttucture~ only )
J U S 377 & U S From intersection of Eagle Dr~ve and locust 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 ~ntersectlon of McKznney Street over I~cust Street
77 Business Route to intersection of U S 380 (University Drive) (Base,
(Northbound) surface, and bridge classification structure~ only )
Page -2-
EXHIBIT "A"
NON CONTROLLED ALCESS HIG~AY
(Amended)
STATE MAINTAINED
L U S 380 From West C~ty Ltmlt over University Drive to IH 35
(Base, surface, assist zn mowing, c{eanlng litter,
and tn malotenance of roadway d~tches )
M U S 380 From IH 35 over University Drive to intersection ct
U S 377 Northbound (Locust Drive) (Base, surface
and bridge classification ~[ructure~ 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 structores
only )
0 U S 380 & From intersection of Frame Street over University Dr
U S 377 to East City Limit (Base, ~urface, assist lu mowing,
cleaning lltter, and in maintenance of roadway dztche~)
P F M 2181 From IH 35E over Teaslay 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 ~[ 35E, west to Intersection of
Road near Denton Airport (Base, surface, assist
mowing, cleaning litter, and zn maintenance of roadway
ditches )
Woodrow
R F M 426 From ~ntersectlon of .~' Street over E McKlnne5
(Amended) Street to East City Limit (Base, surface, assist in
mowing, cleaning litter, and in maintenance of roadwa}
ditches )
S F M 2164 From North City Limit over N Locust Street to the
Junction of North U S 77 Bus,ness Route (Base, sur-
face, assist ~n mowing, cleaning litter, and in main-
tenance of roadway ditches )
T F M 1830 F~om 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 Junctxon 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 ~n maintenance of roadway ditches )
Page -3-
EXHIBIt "A"
NON CONTROLLED ACCESS
(Amended)
II CITY ~INiAINED
A U S 77 Buslnes~ From intersection of McKlnney 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 ~ 77 Business From intersection of U S 380 (University Dr~ve) and
Route (Northbound) Locust Street, North over Locust Street to the ~nter-
section w~th Sherman Dr~ve, thence West over Sherman
Dr~ve to the intersection w~th Elm Street
C F M 426 From intersection of Northbound U S 77 Business Route
(Amended) and Northbound U S 377 over McK~nney Street to inter-
section of ~R~ Street
Woodro~
D F M 428 From ~ntersect~on of Hercules Street over Sherman Drive
to ~ntersect~on of Locust Street
EXHIBIT "B"
CONTROLLED ACCESS HIGHWAY
I STATE ~INTAINED
A IH 35 From North City Limit to ~nter~ectlon wzth It{ 35E & IH 35%
B IH 35E From intersection w~th IH 35 & IH 35W to Southeast Czty
Lzmzt
C IH 35W From intersectzon wzth IH 35 and IH 35E to Southeast City
L~mlt
II CITY MAINTAINED None
,~ DENTON ~
I,EGFND
EXHIBIT "A"
NON CONTROLLED ACCESS HIGHWAYS
O STATE I~INTAINED (BASE, SURFACE, ASSIST
IN MOWING, CLEANING
LITTER, AND IN MAIN-
TENANCE OF ROADWAY
DITCHES)
O SLATE MAINTAINED (BASE, SURFACE, AND
BRIDGE CLaSSIFICA-
TION STRUCTURES
ONLY)
0 CITY MAINTAINED
...... J ARGYLE
_ " .....-~.~_ ~o= Legend
~--,~)-~ ,, ~o~%%~b~ ,, J; .~ None' Chh t1~;ntomod
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 fitter 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.
AGREEMENT
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 vvith 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 df 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 Abell,
City Manager
Date: . ~~ 3t~ U ~
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. ~/`-~A~ ~Y~
William L. Hale, PE
Dallas District Engineer,
Texas Department of Transportation
Date: 2l i~/,, Q