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06-17-69 TC MinSPECIAL MEETING OF THE BOARD OF ALDERMEN June 17, 1969 A Special Meeting of the Board of Aldermen of the Town of Westlake, Texas, was held at the Guest House, Circle "T" Ranch, on the 17th day of June, 1969, at 7:30 P.M. pursuant to a written Waiver of Notice signed by the Mayor and each and every of the Aldermen. Present were Ben A. Zwald, Mayor, and Messrs. A. L. Odom, H. S. Thrasher, and S. B. Cathey, Aldermen. The Mayor called the meeting to order and announced that a quorum existed for the transaction of business. The Mayor then stated that the first order of business would be to consider the adoption of an Ordinance fixing rentals to be paid by telegraph, telephone, water, and electric companies for the privilege of using the streets and other public ways within the Town of Westlake. He then presented to the meeting a proposed form of Ordinance in con- nection therewith. Each member of the town council was given a copy of the following proposed Ordinance No. 40: 411- ORDINANCE NO. 4o AN ORDINANCE FIXING RENTALS TO BE PAID BY TELEGRAPH, TELEPHONE, WATER, AND ELECTRIC COMPANIES FOR THE PRIVILEGE OF USING WITH THEIR POLES, WIRES, CONDUITS, PIPES AND FIXTURES, THE STREETS, EASEMENTS, AND ALLEYS AND OTHER PUBLIC WAYS WITHIN THE TOWN OF WESTLAKE, TEXAS, PROVIDING PENALTIES FOR VIOLATION, AND PROVID ING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. That all telegraph, telephone, water and electric companies using or maintaining any telegraph, telephone, electric light or other poles, pipes and other fixtures in any of the streets, highways, easements, alleys, parks or other places within the corporate limits of the.Town of Westlake, Texas, shall on the lst day of August of each and every year file with the Town Secretary a sworn report show- ing the gross receipts from the business conducted by such companies within the corporate limitsof the said Town for the preceding year end- ing June 30. SECTION 2. The Board of Aldermen may when it may see fit have the books and records of the company rendering the statement required in Section 1 of this Ordinance examined by a representative of the Town to ascertain whether such statement is accurate, but nothing in this Ordinance shall be construed to prevent the Town from ascertaining the facts by any other method. SECTION 3• That upon the lst day of August of each and every year, each company occupying or using the streets, highways, easements, alleys, parks, or other public places in the Town of Westlake, Texas, with poles, pipes, and/or other fixtures shall as a condition to such further occupancy pay to the city annually for such privileges a rental equal to two per cent (2q) of the gross receipts received by such com- pany from its business conducted in the corporate limits of the Town of Westlake, Texas, for the preceding year, which sums shall be paid to the Town of Westlake, Texas. SECTION 4. That upon receipt of the above rental by the Town, the Town Secretary shall deliver to the company paying the same a re- ceipt for such rental, which said receipt shall authorize such company to use and occupy the streets, highways, easements, alleys, parks and other public ways of the Town in carrying on its business for twelve (12) months from August lst of such year. 4it.. SECTION 5. That the rental for the privilege of using the streets, alleys, highways, easements, and public places of the Town of Westlake, provided for in this Ordinance is not charged as a tax, but is made for the privilege now enjoyed and'to be enjoyed by such companies described in Section 1 of using the streets, easements, alleys and other public ways of the town in the conduct of their re- spective businesses; and such charges are additional to all ad valorem and franchise taxes and to all taxes of every nature whatsoever against the companies mentioned herein. SECTION 6. That nothing herein is' intended to relieve any per- son, association, organization, or corporation of any condition, re- striction or requirement, imposed by any law or ordinance of the said Town of Westlake, Texas. SECTION 7. That this Ordinance does not grant a franchise to any utility or person, association, organization, or corporations to use the streets, easements, alleys, and other public ways, and shall never be so construed by the courts or otherwise, and the Town reserves the right to cancel the privileges granted hereunder and refund the un- earned rentals paid to the Town. SECTION 8. That the Town of Westlake hereby reserves the right to put into effect at anytime other restrictions and regulations as to the erection and maintenance of poles, wires, pipes and other appurten- ances in the streets, easements, alleys and other public ways of the • said Town and from time to time to require such poles, pipes, wires and other property equipment and fixtures as it may deem proper to be re- moved and to require wires to be run in conduits on such terms as the Town may deem proper. SECTION 9. That every telegraph, telephone, water, and electric company which shall operate any business without the payment of the ren- tals provided for herein shall be subject to a penalty of $100.00 for each and every day that such company shall conduct such business using and occupying the streets, easements, alleys, or other public ways of the Town of Westlake without the payment of the said rentals which said sum.may be recovered by the Town of Westlake in a court of competent jurisdiction by a suit filed therein. SECTION 10. That every telegraph, telephone, water, and electric company and the local manager or agent of every such company failing or refusing to make the report required by Section 1 of this Ordinance or failing or refusing to allow the examination provided for in Section 2 herein shall upon conviction in a court of competent jursidiction be fined in any stun not to exceed $100.00 and every dayt failure or refusal, as mentioned in this Section, shall be deemed a separate offense. - 2 - 4m. SECTION 11. The Town Marshal of Westlake and any other person designated by the Town shall have power and it shall be their duty to examine and inspect from time to time all telegraph, telephone, elec- tric light, or other poles, and pipes and other fixtures in the public places within the Town fcr the purposes of seeing that all of same are in a safe and suitable condition, and whenever any such item is found to be unsafe or unsuitable for the purpose for which it is used, the person so using, possessing or maintaining same shall be notified and required to place same in a safe and suitable condition. SECTION 12. If any section, paragraph, subdivision, clause, phrase, or provision found within this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provisions thereof other than the parts so decided to be invalid or unconstitutional. SECTION 13. This Ordinance shall become effective and be in full force and effect from and after its passage and approval by the Mayor, duly attested by the' Town Secretary, and the entry of said Order on the Minutes of the Town Council. PASSED AND APPROVED on this the day of June, A. D. 1969. ATTEST: Secretary - Mayor Town of Westlake, Texas STATE OF TEXAS COUNTY OF DENTON COUNTY OF TARRANT I, A. L. ODOM, Secretary of the Town of Westlake, Denton and Tarrant Counties, Texas, do hereby certify that the above and foregoing is a true and correct copy of an Ordinance passed by the Board of Alder- men of the Town of Westlake at a regular session held on the day of June, 1969, as it appears of record in the Minutes of said Board of Aldermen, in Book Page WITNESS MY HAND AND SEAL OF SAID TOWN, this the ----day of June, A. D. 1969. Secretary Following a full discussion of the proposed Ordinance and upon motion duly made by Mr. Cathey and seconded by Mr. Odom, the foregoing Ordinance No. 40 was unanimously adopted by the Board of Aldermen. The Mayor then presented to the meeting two proposed municipal maintenance Ordinances submitted to the Town of Westlake by the Texas Highway Department, one providing for the maintenance of State highways located within Westlake in Tarrant County, and the second providing for the maintenance of State highways within Westlake in Denton County. After a full discussion bf the provisions of the proposed Ordinances, the Mayor requested the Secretary to read to the meeting the following proposed Ordinances Nos. 41 and 42: -4 fit_ Form 1037-1 ORDINANCE N0. 41 MUNICIPAL MAINTENANCE ORDINANCE AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF Westlake , COUNTY OF Tarrant , TEXAS, HEREBY REFERRED TO AS MUNICIPAL MAINTENANCE PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OR OTHER AUTHORIZED CITY OFFICIAL, TO EXECUTE AND AFFIX THE CORPORATE SEAL AND ATTEST SAME. A CERTAIN AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS, PROVIDING FOR THE MAINTENANCE AND USE OF THE SAID MAINTENANCE PROJECT: AND DE- CLARING.AN EMERGENCY AND PROVIDING THAT THIS 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 AGREEMENT"; and WHEREAS, said project consists of those State 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 C.i +fir r+ -f Gloc+l afro 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 days is hereby dispensed with and the same shall be in full force and effect from and after its passage. -4- xVb.W (Revised 7-1-67) MUNICIPAL MAINTENANCE AGREEMENT STATE OF TEXAS O COUNTY OF TRAVIS () THIS AGREEMENT made this 17th day of June by and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of Westlake T=ant County, Texas (population ll? 1960 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 mainten- ance of State Highway routes within such city; and 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: 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 respectively kept and performed, it is agreed as follows: -1- corm 1038 (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 anew 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- rurm IU -ib (Revised 7-1-67) any 2.. This agreement shall supplement and,.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 indluding 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 thati subject to.approval by the State, T 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. 5. r 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 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 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- 1 . MILL L.V.J0 (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.l.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- Form 1038 (Revised •7-1-67) 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 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 or adjustments of publicly or privately owned utilities or services to be per- formed in accordance with State Highway 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 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 speci- fically covered in a separate agreement between the City and the State. -5- 4XI r�rm 1U38 (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- (Revised 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 a5 soon as practicable. 4. Pass necessary ordinances and retain its responsibility for en- forcing the control of access to the Freeway facility. _(Revised 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- tures, the City of-----iir3s$�",rn on the 17th day of June 19 69, and the Highway Department on the day of 19 ATTEST: CITY OF Westlakediv BY (Title of Signing Official) STATE OF TEXAS APPROVAL RECOMMENDED: Certified as being executed for the purpose and effect.of activating and/or carrying out the orders, established District Engineer, District policies, or work programs heretofore approved and authorized'by the State Highway Commission. Engineer of Maintenance By: Chief Engineer of Maintenance. Operations Note: To be executed in triplicate and supported by Municipal Maintenance Ordinance and Certificate of City Secretary. 6 NON CONTROLLED ACCESS HIGHGIAYS I. STATE MAINTAINED A. STATE HIGIVAY 114 -From Northwest City Limits to Southeast City Limits (Assist in sweeping and . otherwise cleaning the pavdment, in mowing and cleaning of litter, and in maintenance of roadway ditches). II. CITY MAINTAINED: None CONTROLLED ACCESS HIGWAYS I. STATE MAINTAINED: None II. CITY MAINTAINED: None N T 0 N O 97° 15• 2° r 0 970 10' J � ,Q ..... .. .. LAK .� . .��. w f EST, 112 3 77 � ( DEN ON CO. POP. 45 • TA RANT CO. POP. 67 • ; :' • k �k • j L I • •�: 114 , r... • .. _ .. � ;, ■ l:::''':'�'::�: Vine N •; Florence •;,., �N... SOUTHLAKE • �'-` POP.'1,023 ` ■I `�J ,� r I• i; ,f J t ...• • �' •• ■t. 4.5 FAS I I l . 1709 Kell .-1. .. FLYING CAP • •\ 3.9 '. __1 j a (PVT.) •( ,� SOUTHLAKE • • \~ 411 KELLER Q I POP. 827 r•====- + . ►938 Lt :fl WRIGHT FARM } \ l ) t AIRFIELD \, I _ a t . ;. J • • .+�� i�i 121 AIRFIEL1) •,1 • 3 r��{� r»�: -(PVT,• 7 77 7i 71 w h • ........ .. C a . .: •I M G K H 151T A ,' c .... ............ IW' tr ::::m::::::::::: 1377 o ■ . 1 NoW e I.. LO i imit •Ofd I!`::::; :: Enlarged D, )tau nrr EE SMITHFII r wn�-nlfr_n _n111�/� MANGHAh•1'jL3�� f Form 1037-1 ORDINANCE N0. 42 MUNICIPAL MAINTENANCE ORDINANCE AN.ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF Westlake , COUNTY OF Denton , TEXAS, HEREBY REFERRED TO AS MUNICIPAL MAINTENANCE PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OR OTHER AUTHORIZED CITY OFFICIAL, TO EXECUTE AND AFFIX THE CORPORATE SEAL AND ATTEST SAME. A CERTAIN AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS, PROVIDING FOR THE MAINTENANCE AND USE OF THE SAID MAINTENANCE PROJECT: AND DE- CLARING AN EMERGENCY AND PROVIDING THAT THIS 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 AGREEMENT"; and WHEREAS, said project consists of those State 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 City of Westlake 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 days is hereby dispensed with and the same shall be in full force and effect from and after its passage. STATE OF TEXAS COUNTY OF Denton r Form 1037-2 Y PP I A. L. ODOM the duly appointed., , � , qualified and acting city secretary of the City.of Westlake 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 June 17th A.D., 19 69 , at 7:jo o'clock P. M. To certify which, witness my hand and seal of the City of Westlake TEXAS, this due 1h day of June , 19 69, at 1 Westlake Texas. City Secretary of the City of. Westlake Texas Form 1038 (Revised 7-1-67) MUNICIPAL MAINTENANCE AGREEMENT STATE OF TEXAS O COUNTY OF TRAVIS O THIS AGREEMENT made this 17th day of June 19 69 by and between the State of Texas, hereinafter referred to as the "State party of the first part, and the City of Westlake Denton County, Texas (population 112 1960 *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 mainten- ance of State Highway routes within such city; and 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: 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 respectively kept and performed, it is agreed as follows: Form 1038 (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. -437-o Form 1038 (Revised 7-1-67) any 2. This agreement shall supplement nd,.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 thati 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. 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 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 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. B. 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- _40 Form 1038 (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. me - A-44- Form 1038 (Revised 7-1-67) 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 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 or adjustments of -publicly or privately owned utilities or services to be per- formed in accordance with State Highway Department specifi- eations 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 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 speci- fically covered in a separate agreement between the City and the State. Form 1038 (Revised 7-1-67) q 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. j 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- d XLI (Revised 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. (Revised 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- tures, the City of Westlake on the 17th day of jnnQ 19.69 and the Highway Department on the day of 19 69 ATTEST: `n City secretary APPROVAL RECOMMENDED: District Engineer, District 18 CITY OF Westlake BY Mayo r (Title of Signing Official) STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission. Engineer of Maintenance By: Chief Engineer of Maintenance Operations Note: To be executed in triplicate and supported by Municipal Maintenance Ordinance and Certificate of City Secretary. -6- EXHIBIT "A" NON CONTROLLED ACCESS HIGHWAY I. STATE MAINTAINED A. STATE HIGHWAY 114: From the West City Limits to the Dallas, Tarrant County Line. (Assist in sweeping, mowing, cleaning litter, and in maintenance of roadway ditches.) B. FARM TO MARKET 1171: From the West City Limits to the East City Limits. (Assist in sweeping, mowing, cleaning litter, and in maintenance of roadway ditches.) II. CITY MAINTAINED None EXHIBIT "B" CONTROLLED ACCESS HIGHWAY I. STATE MAINTAINED None II. CITY MAINTAINED None Thereafter, upon motion duly made by Mr. Odom and seconded by Mr. Cathey, the foregoing Ordinances Nos. 41 and 42 were unanimously adopted. There being no further business, the meeting was adjourned by Mayor Zwald. i` ,' • ,�G _____ A. L. ODOM, SECRETARY APPROVED: --J-�), A, -�- jeZ BEN A. ZWALD, MAYOR -.44s-