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Section 2: Contract Standards

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When an Agreement Is Required

The most common instances requiring an agreement are when:

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  • the responsibility for maintenance and operation of a traffic signal is transferred from one governmental body to another,
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  • a proposed installation involves the use of utility poles or other physical objects owned by someone other than TxDOT,
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  • a traffic signal or lighting installation encroaches upon, beneath, or in the air space above private property,
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  • TxDOT installs a traffic signal, safety lighting, or a continuous lighting installation within the corporate limits of a city,
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  • a proposed installation involves a city or other entity providing materials, labor, or engineering for which TxDOT will reimburse the city or entity,
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  • a county requests continuous or safety lighting on-system and agrees to pay for operation and maintenance, or
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  • a city wishes to erect a city pride sign.
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When an Agreement Is Not Required

A written agreement is not necessary when:

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  • the traffic signal, safety lighting or continuous lighting system is installed by TxDOT in an unincorporated area completely within TxDOT right of way, or
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  • a minute order covers the responsibilities of both TxDOT and city, and the city has passed an ordinance or resolution accepting the minute order of the Texas Transportation Commission. A minute order may be used in lieu of an agreement depending on the level of detail addressing the responsibilities of each entity.
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Ordinance or Resolution

Agreements with cities must be accompanied by an ordinance or resolution authorizing the elected head of the city or a designated representative to sign the agreement.

Agreements with counties must be accompanied by an order of the commissioner’s court authorizing the county judge to sign the agreement.

The city or county secretary’s certificate must also accompany all agreements to verify that the ordinance or resolution was passed by the city or county. If the secretary has signed and sealed the resolution or ordinance, then a separate secretary’s certificate is not required.

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