HomeMy WebLinkAbout17442 ORD - 01/19/1983AN ORDINANCE
AUTHORIZING THE EXECUTION OF A MUNICIPAL MAINTENANCE
AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY OF
CORPUS CHRISTI FOR THE MAINTENANCE, CONTROL, SUPERVISION,
AND REGULATION OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS
OF STATE HIGHWAYS IN THE CITY OF CORPUS CHRISTI; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute a
Municipal Maintenance Agreement between the State of Texas and the City of
Corpus Christi for the maintenance, control, supervision, and regulation of
certain state highways and/or portions of state highways in the City of
Corpus Christi, all as more fully set forth in the Municipal Maintenance
Agreement, a substantial copy of which is attached hereto and made a part
hereof, marked Exhibit "A."
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need to
take immediate action to preserve and protect public property by expediting
the execution of the abovementioned agreement, such finding of an emergency
is made and declared requiring suspension of the Charter rule as to
consideration and voting upon ordinances or resolutions at three regular
meetings so that this ordinance is passed and shall take effect upon first
reading as an emergency measure this the 1(A day of
1983.
ATTEST:
Cit ec� ry
7F
ED:
DAY OF JANUARY, 1983
4,2',Iaruce Aycock, CJ ty Attorney
MAYOR
THE CI OF CORPUS CHRISTI, TEXAS
17442
SEP 2 81984
MICROFILI "ED
MUNICIPAL MAINTENANCE AGREEMENT
STATE OF TEXAS X
_COUNTY OF TRAVIS X
V
(Revised 2/7''
THIS AGREEMENT made this day of , 19 ,
by and between the State of Texas, hereinafter referred to as the
"State", party of the first part, and the City of Corpus Christi
Nueces County, Texas (population , 19 ,
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 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:
AGREEMENT
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 1035
. (Revised 2/-
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 Cityofthe 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 Cityfor 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.
Forth 1038
(Revised 2/
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-
Form 1038
(Revised 2-
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
141 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 subject to the ap-
proval of 'the„ -Stats.
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 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
,(Revised 2 -
intersecting city streets to State Highway routes will be the full
responsibility of the City.
Require installations, repairs, removals or adjustments of public-
ly or privately owned utilities or services to be performed in ac-
cordance with State Department of Highways and Public Transporta-
tion specifications and subject 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 10'
(Revised
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 "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 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.
S. 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-'
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 103P
(Revised 2
Termination
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 State Department of Highways and Pub-
lic Transportation.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures,
the City of
on the day of
19 , and the State
-on the day of
ATTEST:
Department of Highways and Public Transportation
City Secretary
APPROVED:
c214
aneRECOMMENDE
, 19
CITY OF Corpus Christi
BY
District Engineer, District
Engineer of Maintenance
ger
Edward A. Martin
City Manager
(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
State Department of Highways
and Public Transportation.
BY
Chief Engineer of Maintenance
Operations
Note: To be executed in triplicate and supported by Municipal Mainte-
nance Ordinance and Certificate of City Secretary.
-6-
"EXHIBIT A"
CITY OF CORPUS CHRISTI, TEXAS
NON -CONTROLLED ACCESS HIGHWAYS
I. State Maintained - Base, traveled surface, structures, highway markings and
assist in sweeping, mowing, cleaning up litter, snow and ice control and
maintenance of roadway ditches. (BLUE on map)
A. U.S. 77: from City Limits to I.H. 37.
B. S.H. 286: from S.H. 358 to City Limits.
C. S.H. 357: from F.M. 665 to S.H. 358.
D. S.H. 358: from end of S.H. 44 Interchange to Bush Street, and from end of
Expressway lanes, near Clare Drive, to U.S. Naval Air Station.
E. F.M. 24: from I.H. 37 to City Limits.
F. F.M. 624: from west City Limits to U.S. 77.
G. F.M. 665: from City Limits to S.H. 358.
H. F.M. 763: from S.H. 44 to City Limits.
I. F.M. 1694: from I.H. 37 to City Limits.
J. F.M. 2292: from S.H. 9 Business Route (Loop 407) to City Limits.
K. P.R. 22: from S.H. 358 to Kleberg County Line.
L. P.R. 53: from North boundary of Mustang Island State Park to its South
boundary.
II. State Maintained - Base, traveled surface, structures and highway markings.
(RED on map)
A. S.H. 44: from City Limits to S.H. 358.
B. F.M. 665: from S.H. 358 to S.H. 44 Business Route (Loop 443).
C. F.M. 43 (Weber Road): from S.H. 358 to City Limits.
D. F.M. 2444 (Staples Street): from S.H. 357 to City Limits.
III. City Maintained - State will erect and maintain route markers and directional
and destination signs for through highway traffic. (GREEN on map)
A. S.H. 9 Business Route (Loop 407): from Shoreline Blvd. to I.H. 37 at Calallen.
B. S.H. 44 Business Route (Loop 443): from I.H. 37 intersection on Shoreline
Blvd. to intersection with S.H. 358.
C. SPUR 72: from I.H. 37 to Loop 407 (S.H. 9 Business).
1 of 2
"EXHIBIT B"
CITY OF CORPUS CHRISTI, TEXAS
CONTROLLED ACCESS HIGHWAYS
I. State Maintained - Base, traveled surface, structures, sweeping, highway
markings and drainage facilities within the limits of the right-of-way.
Mowing and litter clean-up within the outer most curbs of the frontage
roads and the entire right-of-way where no frontage roads exist. Snow
and ice control on the through lanes and ramps and assist on frontage
roads. (ORANGE on map)
A. I.H. 37: from Shoreline Blvd. to North City Limits.
B. S.H. 286: from I.H. 37 to S.H. 358.
C. S.H. 358: from I.H. 37 to South of S.H. 44 Interchange, and from Bush
Street to end of Expressway lanes at Claire Drive.
D. U.S. 181: from North end of Nueces Bay Causeway to I.H. 37.
II. City Maintained - None.
2 of 2
Corpus Christi, Texas
)a day of
9
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
THE CIT OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by following vote:
Luther Jones 5: 1
Betty N. Turner it 1
Jack K. Dumphy '
Bob Gulley II. 1
Herbert L. Hawkins, Jr. 1 r L.
Dr. Charles W. Kennedy 1 ' . 0 4
Cliff Zarsky i
1744