Section 2: Municipal Maintenance Agreements
Anchor: #i1002138Purpose
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.
Anchor: #i1002151Execution
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.
Anchor: #i1002166Required Documentation
Refer to the table below to identify the appropriate forms for documentation.
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If the city charter requires: |
Then: |
|---|---|
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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.
Anchor: #i1002185Exhibits
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.
Anchor: #i1002195Revision
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.
Anchor: #i1002207Inactive 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.
Anchor: #i1018301Landscape Maintenance Agreements
After execution of a Municipal Maintenance Agreement, the State may also enter into a separate Landscape Maintenance Agreement ( Form 2043) 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.