Section 2: Municipal Maintenance Agreements
Purpose
Jurisdiction of highways, streets, or roads within an incorporated
city rests with the governing body of the incorporated city except
on those declared as controlled access highways by the Texas Transportation
Commission, according to
. It is necessary to enter into an agreement
with each incorporated city for authority to construct, reconstruct,
maintain, control, supervise, and regulate the designated highways
within the city's limits and to establish the responsibilities of
the department and the city, in accordance with Minute Order 58588
dated October 28, 1966.
Execution
A
should be executed with every incorporated
city within the state that is crossed by a state highway. The Municipal
Maintenance Agreement should be executed in duplicate; one copy
is required for the city and one for the district. In addition to
the agreement, it is necessary to secure a copy of the authorization
for the city to enter into an agreement. Typically, this authorization
is a resolution or ordinance officially verified by the city secretary.
Required Documentation
Refer to the table below to identify the appropriate
for documentation.
If the city charter requires: | Then: |
|---|---|
a resolution | Form 1037 (Resolution) is the only documentation required. |
an ordinance, and the city has a mayor, | Form 1037 (Ordinance) is the only documentation required. |
an ordinance, and the city has no mayor, | Forms 1037-1 and 1037-2 are required. |
When the responsibilities of each party have been defined and are in accordance with the policy, then the agreement with the appropriate exhibits should be presented to the city for approval. Upon approval by the city, the district engineer should execute the agreement for the state, provided the agreement is satisfactory and in accordance with policy.
Exhibits
Exhibits delineating the division of responsibilities between
the state and city may be shown in the form of a map or a detailed
listing of highways and duties.
Revision
Approximately every two years, and after census results are
released, the Municipal Maintenance Agreements should be reviewed.
If changes are required, the exhibits to the agreement should be revised
to include the changes. These changes should reflect the addition
of new routes, revised routes, changes in city limits and abandoned
routes. Revisions to the general requirements or to the municipality's
or the state's responsibilities should not be made. New agreements
should be executed.
Inactive Cities
A number of communities have incorporated for purposes of
securing federal grants for water and sewer systems or other purposes,
but they do not have an active city government. In these cases,
a Municipal Maintenance Agreement cannot be executed; therefore,
the highways within these cities should be treated as rural sections.
Landscape Maintenance Agreements
Landscape Maintenance Agreements
After execution of a Municipal Maintenance Agreement, the State may also enter into a separate Landscape Maintenance Agreement (
) with an incorporated city to maintain all or particular landscape elements for various segments on certain non-controlled access state highways. In some instances, the State may elect to provide landscape improvements and the City would take over maintenance of the landscape improvements or a City may elect to make the improvements and maintain the landscape improvements.
The City is responsible for all utility costs associated with the maintenance of all landscape improvements.