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<br />e <br /> <br />e <br /> <br />Form 1038 <br /> <br />MUNICIPAL MAINTENANCE AGREEMENT <br />(For Maintenance Only) <br /> <br />STATe: OF TEXAS <br /> <br />() <br />() <br /> <br />" <br /> <br />,.-....... <br /> <br />COUN'rY OF TRAVIS <br /> <br />. <br /> <br />THIS AGREEMENT made this 02 ~fA. day of <br /> <br />~ <br /> <br />, 19 ~lS; by and be- <br /> <br />tween th~' State of Texas, hereinafter referred to as the "State," party of the <br />I <br /> <br />firs~~ part, and the City of <br />.. I <br />Couni1y,' Texas, (population <br /> <br />~~~ <br /> <br />, <br /> <br />~~Ii' <br /> <br />4,429 <br /> <br />, 1950 Federal Census) acting by <br /> <br />and/through its duly authorized officers, hereinafter called the "City," party <br />of .the second part. <br /> <br />WITNESSETH <br /> <br />WHEREAS, the City has requested the State to assume maintenance on State <br />High.,;ray routes within such city; and <br /> <br />WHEREAS, the Legislature of the State of Texas did enact Senate Bill No. 415, <br />''---'-,46th Legislature, effective May 15, 1939, authorizing and empowering the State <br />elighw'ay Commission in its discretion to enter into contracts or agreements with the <br />60verning bodies of incorporated cities, towns, and villages relative to the location, <br />relocation, ~onstruction, reconstruction, and maintenance, control, supervision, <br />and regulation of State Highways within or through the corporate limits of such <br />municipalities; and <br /> <br />WHEREAS, the general policy of the State Highway Commission provides that <br />the State Highway Department may assist in maintenance, control, supervision, and <br />regulation of any or all State Highway routes through municipalities with a population <br />of 15,000 or less, and any or all State Highway routes except the congested or <br />downtown sections of those municipalities with a population in excess of 15,000 as <br />shown by the last available Federal Census, conditioned that the City will enter into <br />agreements with the State for the purpose of determining the liabilitles and respons- <br />ibilities of the parties with reference thereto; and <br /> <br />WHEREAS, the State Highway Engineer, acting for in behalf of the State <br />High~~y CO~ission, has made it known to the City that the State will assist the <br />City in the maintenance, control, supervision, and regulation of certain State Highway <br />route,s within such city, conditioned that the City will enter into agreements with the <br />State for the purpose of determining the liabilities and responsibilities of the <br />..'..--'~artit~s. thereto; and <br /> <br />e <br /> <br />WHEREAS, all such agreements made with cities, towns, and villages are for the <br />purpol~e of maintenance, control, supervision and regulation of State Highway routes, <br />and shall in no way be considered to cover any present or past obligations either <br />real or anticipated concerning such highway routes through municipalities; <br /> <br />1 <br />