Texas Department of Transportation

MUNICIPAL MAINTENANCE AGREEMENT

This Municipal Maintenance Agreement ("Agreement") is made this 30 day of September 2024 , by and between the State of Texas through the Texas Department of Transportation ("State"), and the City of Kress (population 596 , 2020, latest Federal Census) acting by and through its duly authorized officers ("City").

RECITALS

A. Chapter 311 of the Transportation Code gives the City exclusive dominion,
control, and jurisdiction over and under the public streets within its corporate limits and
authorizes the City to enter agreements with the State to fix responsibilities for maintenance,
control, supervision, and regulation of State highways within and through its corporate limits;
and

B. Section 221.002 of the Transportation Code authorizes the State, at its
discretion, to enter agreements with cities to fix responsibilities for maintenance, control,
supervision, and regulation of State highways within and through the corporate limits of such
cities; and

C. The Executive Director, acting for and on behalf of the Texas Transportation
Commission, has made it known to the City that the State will assist the City in the maintenance
and operation of State highways within the City, conditioned that the City will enter into
agreements with the State for the purpose of determining the respective responsibilities of the
parties; and

D. The City has requested the State to assist in the maintenance and operation of
State highways within the City as described herein. The Municipal Ordinance or Resolution
authorizing the undersigned City Official to execute this Agreement on behalf of the City is
attached as Exhibit C.

AGREEMENT

NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, it is agreed as follows;

ARTICLE I. COVERAGE

1. State assumption of maintenance and operations described in this Agreement shall be
effective on the date of execution of this agreement by the Texas Department of
Transportation.

2.  In this Agreement, the use of the words "State Highway" shall be construed to mean all
numbered highways that are part of the State's Highway System.



3. This Agreement is intended to cover and provide for State participation in the
maintenance and operation of the following classifications of State Highways within the
City:
A. Non-Controlled Access highways or portions thereof which are described as "State
Maintained and Operated" highways in the document attached and incorporated as
Exhibit A.

B. All State highways or portions thereof which have been designated by the Texas
Transportation Commission, or are maintained and operated, as Controlled Access
Highways and which are described in the document attached and incorporated as
Exhibit B.

4. In the event that the present system of State highways within the City is changed by
cancellation, modified routing, new routes, or a change to City boundaries, the State
shall terminate maintenance and operation and this Agreement shall become null and
void on those portions of the highways which are no longer on the State Highway
System; and this Agreement shall apply to the new highways on the State Highway
System within the City; and they shall be classified as "State Maintained and Operated"
under paragraph 3 above, uniess the execution of a new agreement on the changed or
new portions of the highways is requested by either the City or the State.

5. Exhibits that are a part of this Agreement may be changed with both parties' written
concurrence. Additional exhibits may also be added with both parties' written
concurrence. The Parties shall periodically update any exhibits to reflect changes to the
State Highway System under paragraph 3. Paragraph 4 shall apply to changes to the
State Highway System regardless of whether an exhibit has been updated under this
Paragraph.

6. The terms of the Agreement apply to a State Highway described by paragraphs 2-4 of
this Article, unless provided otherwise in a specific project agreement.

ARTICLE II. GENERAL CONDITIONS

1. The City authorizes the State to maintain and operate the State highways covered by
this agreement in the manner set out herein.
2. This agreement is between the State and the City only. No person or entity may claim
third party beneficiary status under this contract or any of its provisions, nor may any
non-party sue for personal injuries or property damage under this contract.

3. This agreement is for the purpose of defining the authority and responsibility of both
parties for maintenance and operation of State highways through the City. This
agreement shall supplement any special agreements between the State and the City for
the maintenance, operation, and/or construction of the State highways covered herein,
and this agreement shall supersede any existing Municipal Maintenance Agreements.




4. Traffic regulations, including speed limits, shall be established only after traffic and
engineering studies have been completed by the State or City, as applicable and in
accordance with 43 Tex. Admin. Code Ch. 25, Subch. B, and approved by the State.

5. The State shall install, maintain, and operate, when required, all traffic signs and
associated pavement markings necessary to regulate, warn, and guide traffic on State
highways within the State right-of-way, including main lanes and frontage roads, except
as otherwise provided in this paragraph and elsewhere in this Agreement.

A. At the intersections of off-system approaches to State highways, the City shall install
and maintain (1) all stop signs, yield signs, and one-way signs to regulate, warn, and
guide traffic on the off-system street, even if such signs are to be installed on State
right-of-way, and (2) any necessary stop or yield bars and pedestrian crosswalks
outside the main lanes or outside the frontage roads, if such exist. These signs and
markings must meet or exceed the latest State breakaway standards, if applicable,
and be in accordance with the latest edition/revision of the Texas Manual on Uniform
Traffic Control Devices

B. The City shall install and maintain all street name signs except for those mounted on
State-maintained traffic signal poles or arms or special advance street name signs
on State right-of-way.

C. Any other signs or pavement markings desired by the City on State right-of-way shall
require prior written authorization by the State, and shall be installed and maintained by the City.

D. All signs and markings installed by the City under this Paragraph must meet or
exceed the latest State breakaway standards, if applicable, and be in accordance
with the latest edition/revision of the Texas Manual on Uniform Traffic Control
Devices. All existing signs or markings shall be upgraded on a maintenance
replacement basis to meet these requirements.

6. Traffic control devices such as signs, traffic signals, and pavement markings, with
respect to type of device, points of installation, and necessity, shall be determined by
traffic and engineering studies as provided by regulation in the Texas Administrative
Code.

A. The City shall not install, maintain, or permit the installation of any type of traffic
control device which will affect or influence the use of State highways unless
approved in writing by the State. Traffic control devices 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 use
of State highways unless their continued use is approved in writing by the State.

B. It is understood that basic approval for future installations of traffic control
signals by the State or as a joint project with the City, shall be indicated by the



proper City official's signature on the title sheet of the plans. Both parties should
retain a copy of the signed title sheet or a letter signed by both parties
acknowledging which signalized intersections are covered by this agreement.
Any special requirements not covered within this agreement shall be covered
under a separate agreement.

C. This Agreement satisfies the agreement requirements of 43 Tex. Admin. Code
§ 25.5 concerning traffic signal installation, unless the parties determine a
separate agreement is necessary to address project-specific issues that are not
otherwise addressed by this Agreement.

7.  Subject to approval by the State, any State highway lighting system may be installed by
the City provided the City shall pay or otherwise provide for all cost of installation,
maintenance, and operation, except in those installations specifically covered by
separate agreements between the City and State.

A. For all highway lighting system projects, including those covered by separate
agreements uniess provided otherwise therein, (1) costs shall include the
electricity required to construct and operate the lighting system, (2) the State
shall not begin the trial phase of a newly installed lighting system until the
applicable utility account is established by the City.

B. Attached as Exhibit D is a list of lighting installations subject to this Agreement,
but which do not have a separate agreement. Exhibit D shall be updated as
necessary pursuant to Article 1, Section 6.

8. The City shall enforce the State laws governing the movement of loads which exceed
the legal limits for weight, length, height, or width as prescribed by Chapters 621, 622,
and 623 of the Transportation Code for public highways outside corporate limits of
cities. The City shall also, by ordinance/resolution 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 highway and/or for traffic safety.

9. The City shall prevent future encroachments within the right-of-way of the State
highways and assist in removal of any present encroachments when requested by the
State except where specifically authorized by separate agreement; and prohibit the
planting of trees or shrubbery or the creation or construction of any other obstruction
within the right-of-way without prior approval in writing from the State. Permitted
landscaping and public art installations shall be handled through separate agreements.

10. New construction of sidewalks, shared use pathways, curb ramps, or other accessibility-
related items by either Party shall comply with current ADA standards. Except as
otherwise provided in this paragraph, the City is responsible for the maintenance of
these items, regardless of whether the City or the State constructed the item.
Maintenance includes keeping sidewalks clear of debris and vegetation, but does not




include pavement work except as provided in the next sentence. If a Party's highway
project is considered an "alteration" under the ADA that triggers the requirement to
construct or upgrade accessibility-related items, that Party is responsible for the
construction or upgrade, unless provided otherwise in a separate agreement.

11. If the City has a driveway permit process that has been submitted to and approved by
the State, the City shall issue permits for access driveways on State highway routes
and shall assure the grantee's conformance, for proper installation and maintenance of
access driveway facilities, with either a Local Access Management Plan that the City
has adopted by ordinance and submitted to the State or, if the City has not adopted by
ordinance and submitted to the State a Local Access Management Plan, the State's
Access Management Manual. If the City does not have an approved city-wide driveway
permit process, the State shall issue access driveway permits on State highway routes
in accordance with the City's Local Access Management Plan, adopted by city
ordinance and submitted to the State or, if the City has not adopted by ordinance and
submitted a Local Access Management Plan, the State's Access Management Manual.

12. The use of unused right-of-way and areas beneath structures for public functions, such
as parking, recreation, and law enforcement use, shall be determined by a separate
agreement.

13. The State shall be responsible for installation, repair, and maintenance of any mailbox
supports installed on the State highway system, including any markings needed on the
mailbox supports.

14. The State shall be responsible for installation, repair, and maintenance of any roadside
barriers including guardrail, guardrail end treatments, cable barriers, and concrete barriers
needed for traffic safety on the state highway system.

15. The State shall be responsible for any structural repairs needed at bridges, culverts,
drainage pipes, embankments, and retaining walls on the state highway system.

16. For purposes of this Agreement, "grade separation structure" is defined as any bridge,
overpass, or similar structure that raises the roadway above ground level, regardless of
what is underneath the structure.

ARTICLE III. NON-CONTROLLED ACCESS HIGHWAYS

The following specific conditions and responsibilities shall apply to the non-controlled access
State highways described in Exhibit A, In addition to the General Conditions in Article II above.

1. State's Responsibilities (Non-Controlled Access)

A. Maintain the traveled surface and foundation beneath such traveled surface
necessary for the proper support of vehicular loads encountered, and maintain the
shoulders.



B. Assist in mowing and litter pickup within the right of way to supplement City
resources, when requested by the City and if State resources are available.

C. Assist in sweeping and otherwise cleaning the traveled surface and shoulders to
supplement City resources, when requested by the City and if State resources are
available.

D. Assist in snow and ice control to supplement City resources, when requested by the
City and If State resources are available.

E. Structural maintenance and repairs of dralnage facilities within the limits of the right-
of-way and State drainage easements. This does not relieve the City of its
responsibility for drainage of the State highway facility outside of the right of way or
State easements but within its corporate limits.

F. In cities with less than 50,000 population, the State shall install and maintain school
safety devices, school crosswalks, and crosswalks installed in conjunction with
pedestrian signal heads. This does not include other pedestrian crosswalks.

G. Install, operate, and maintain traffic signals in cities with less than 50,000 population.

H. In cities equal to or greater than 50,000 population, the State may provide for
installation of traffic signals when the installation is financed in whole or in part with
federal-aid funds, if the City agrees to enter into an agreement setting forth the
responsibilities of each party.

2.      City's Responsibilities (Non-Controlled Access)

A. Prohibit angle parking, except upon written approval by the State after traffic and
engineering studies have been conducted to determine if the State highway is of
sufficient width to permit angle parking without interfering with the free and safe
movement of traffic.

B. Install and maintain all parking restriction signs, pedestrian crosswalks (except as
provided in Art. II.5), parking stripes, and special guide signs when agreed to in
writing by the State. Cities greater than or equal to 50,000 population shall also
install, operate, and maintain all school safety devices and school crosswalks.

C. Signing and marking of intersecting city streets with State highways shall be the full
responsibility of the City (except as provided under Art. I1.5).

D. Require installations, repairs, removals or adjustments of publicly or privately owned
utilities or services to be performed in accordance with Texas Department of
Transportation specifications and subject to approval of the State in writing.





E. Regular cleanups and litter control to ensure drainage facilities are clear. Further,
State structural maintenance and repair of drainage facilities within the right-of-way
does not relieve the City of its responsibllity for drainage of the State highway facility
outside of the right-of-way or State easements but within its corporate limits, except
where participation by the State is specifically covered in a separate agreement
between the City and the State.

F. install, maintain, and operate all traffic signals in cities equal to or greater than
50,000 population. Any variations shall be handled by a separate agreement.

G. Perform mowing and litter pickup.

H. Sweep and otherwise clean the pavement, including grade separation structures.
This includes cleaning and removing litter, trash, discarded personal property,
unauthorized temporary shelters, or any other unauthorized item from all areas within
the right of way, including underneath a grade separation structure.

I. Perform snow and ice control.

J. Retain all functions and responsibilities for maintenance and operations which are
not specifically described as the responsibility of the State.


ARTICLE IV. CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall apply to the controlled access State
highways described in Exhibit B, in addition to the General Conditions in Article Ii above.

1. State's Responsibilities (Controlled Access)

A. Maintain the traveled surface and foundations of the main lanes, ramps, and frontage
necessary for the proper support of vehicular loads encountered.

B. 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. Assist in performing these
operations between the right-of-way line and the outermost curb or crown line of the
frontage roads on the City's request and if State resources are available.

C. Sweep and otherwise clean the traveled surface and shoulders of the main lanes,
ramps, grade separation structures, and frontage roads.

D. Remove snow and control ice on the main lanes and ramps. Assist in these
operations on the frontage roads and grade separation structures on the City's
request and if State resources are available.






E. Install and maintain school safety devices, school crosswalks, and crosswalks
installed in conjunction with pedestrian signal heads on frontage roads. This does not
inciude other pedestrian crosswalks
.
F. Install, operate and maintain traffic signals at ramps and frontage road intersections,
unless covered by a separate agreement.

G. Structural maintenance and repair of drainage facilities within the limits of the right-
of-way and State drainage easements. This does not relieve the City of its
responsibility for drainage of the State highway facility outside of the right-of-way or
State easement but within its corporate limits.

2.   City's Responsibilities (Controlled Access)

A. Prohibit, by ordinance or resolution and through enforcement, all parking on frontage
roads except when parallel parking on one side is approved by the State in writing.
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 or resolution and taking other appropriate action in addition to full
compliance with current laws on parking.

B. When considered necessary and desirable by both the City and the State, the City
shall pass and enforce an ordinance or resolution providing for one-way traffic on the
frontage roads except as may be otherwise agreed to by separate agreements with
the State.

C. Secure the approval of the State before any utility installation, repair, removal or
adjustment is undertaken, 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 practical.

D. Pass necessary ordinances or resolutions and retain responsibility for enforcing the
control of access to an expressway/freeway facility.

E. Sweep and otherwise clean the pavement other than the traveled surface and
shoulders, including underneath grade separation structures. This includes cleaning
and removing litter, trash, discarded personal property, unauthorized temporary
shelters, or any other unauthorized item.

F. Mow and clean up litter between the right-of-way line and the outermost curb or
crown line of the frontage roads, Including drainage facilities in this area.





G. Install and maintain all parking restriction signs, pedestrian crosswalks (except as
provided by Art. Il.5), and parking stripes when agreed to by the State in writing.

H. Signing and marking of intersecting city streets to State highways shall be the full
responsibility of the City (except as provided by Art. II.5).

I. Retain all functions and responsibilities for maintenance and operations which are
not specifically described as the responsibility of the State. State maintenance of
drainage facilities within the right-of-way does not relieve the City of its responsibility
for drainage of the State highway facility outside of the right-of-way but within its
corporate limits except where participation by the State is specifically covered in a
separate agreement between the City and the State.

ARTICLE V. TERMINATION

1. All obligations of the State to maintain and operate a State highway covered by this
agreement shall terminate if and when such highway ceases to be designated as part of
the State highway system.

2.  Should either party fail to properly fulfill its obligations under this Agreement, the other
party may terminate this agreement upon 30 days written notice

3. Upon termination, all maintenance and operation duties on non-controlled access State
highways shall revert to City responsibilities, except that the State shall retain all
maintenance and operation responsibilities on controlled access State highways.



SIGNED: 

City of Kress
Johnny Taylor
Mayor
September 30th  2024

State of Texas
Steven P. Warren, P.E.
TxDOT District Engineer 
February, 6th 2025