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Section 2: Municipal Maintenance Agreements

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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 Transportation Code §203.003. 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.

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Execution

A Municipal Maintenance Agreement 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.

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Required Documentation

Refer to the table below to identify the appropriate forms for documentation.

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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.

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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.

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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.

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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.

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