AGENDA CAPTION:
Title
Consider approval of Resolution 2019-24R, approving a Municipal Maintenance Agreement with the State of Texas that fixes responsibility for the maintenance of State Highways within and through the corporate limits of the City; authorizing the City Manager to execute said agreement on behalf of the City; and declaring an effective date.
Body
Meeting date: February 5, 2019
Department: Eng/CIP
Amount & Source of Funding
Funds Required: N/A
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Fiscal Note:
Prior Council Action: Ordinance 1978-8
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Master Plan: [Please select the corresponding Master Plan from the dropdown menu below (if applicable)]
Transportation Master Plan
Background Information:
Chapter 311 of the Texas Transportation Code states that when a City incorporates (or, any existing City extends its city limits), the city government becomes responsible for all the roads within their City limits, which includes the State System numbered routes. Chapter 211.002 of the Texas Transportation Code states the Texas Transportation Commission’s ability to enter into an agreement with cities to assume liabilities and responsibilities for State System highways within the boundaries of a City. Texas Transportation Commission Minute Order 58588 dated October 28, 1966 provides the parameters of what can be included in the MMA.
The original Municipal Maintenance Agreement (MMA) between TxDOT and the City of San Marcos was signed on February 6, 1978. It has not been updated since its original execution.
Since the 1978 MMA went into effect additional state system roadways have been incorporated into the city limits of San Marcos. These state system roadways include:
• RM 12/Wonder World Drive - from old RM 12/SH 80 to SH 123
• FM 110 - from I-35 South to the eastern city limit
Additionally, TxDOT and the City have executed agreements during the past decade where several state system roadways have been turned back the City (via TTC Minute Order 114831, dated January 26, 2017). These roadways need to be removed from the MMA:
• Old RM 12/SH 80 - from RM 12 to Loop 82/Guadalupe Street
• FM 2439/West Hopkins Road - from Moore Street to RM 12/Wonder World Drive
City staff has worked with TxDOT Austin District staff to develop this new MMA for City Council consideration.
2019 MMA Elements:
• Uses updated TxDOT MMA form, March 2012 version
• Updates exhibits and maps outlining TxDOT and City responsibilities in the maintenance of State System highways within the San Marcos city limits
• New Exhibit C which identifies existing operational and Multiple Use Agreements (MUA) between TxDOT and the City (will assist future City and TxDOT staff in identifying existing agreements).
• New Exhibit D which provides a map of storm (drainage) channels maintained by TxDOT and the City (will assist City and TxDOT in identifying maintenance responsibilities)
Council Committee, Board/Commission Action:
None
Alternatives:
This is standard state-wide agreement template with limited opportunities for modifications
Recommendation:
Approve agreement