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RULE §25.422City Pride Sign Program

(a) Municipality application.

  (1) A municipality may obtain an application for participation in the city pride sign program from the Texas Department of Transportation, Traffic Operations Division, 125 East 11th Street, Austin, Texas 78701-2483, or a district office. The application may contain a request for more than one sign. One city pride, TNRCC, THC, and KTB sign may be placed at each eligible highway entrance.

  (2) An application must be submitted to a district office.

(b) Department approval.

  (1) The district engineer or his or her designee will approve the design and locations of the city pride, TNRCC, THC, and KTB signs if the plans meet department specifications in accordance with §25.424 of this title (relating to Specifications for Signs).

  (2) The department will notify a municipality in writing whether its specifications have met the department's criteria. Deficiencies will be noted in the returned application.

  (3) A municipality may resubmit its application when the noted deficiencies have been corrected.

(c) Written agreement. If the district engineer or his or her designee approves the sign, the municipality must enter into a written agreement with the department. The participation agreement shall be in a form prescribed by the department and shall, at a minimum, contain the requirements of this subchapter.

(d) Cooperation with contractors. While installing or maintaining the sign, the municipality is required to cooperate with any department contractor working on the state highway system at that location.

(e) Installation.

  (1) The municipality or its contractor may install the city pride, TNRCC, THC, or KTB sign. The department will inspect installation to ensure that the sign meets department and Texas MUTCD standards.

  (2) The municipality shall submit as-built plans to the department within 45 calendar days upon completion of the installation of a city pride, TNRCC, THC, or KTB sign.

(f) Maintenance. The municipality shall maintain the city pride, TNRCC, THC, or KTB signs in a safe manner and condition in accordance with department standards.

(g) Sign relocation or removal.

  (1) If the department determines that additional regulatory, warning, or guide signing is needed, it may require the municipality to remove or relocate an existing or planned city pride, TNRCC, THC, or KTB sign at the expense of the municipality. If the department determines that construction or maintenance activities within the state highway right of way will create conditions where an existing city pride, TNRCC, THC, or KTB sign will not be in compliance with the provisions of this subchapter, the municipality shall remove the city pride, TNRCC, THC, or KTB sign at its expense.

  (2) The municipality shall remove a city pride, TNRCC, THC, or KTB sign if it has not provided a replacement sign within 60 calendar days of written notification from the department that the sign is damaged, broken, faded, or has become a hazard due to failure to build to specifications, inclement weather, inadequate maintenance, accidental damage, or other cause.

  (3) A sign not removed in compliance with paragraph (2) of this subsection is subject to removal by the department and the municipality is liable for removal and disposal costs as provided by §25.10 of this title (relating to Signs on State Highway Right of Way).

(h) Fees. The department and the municipality shall not require fees for participation in the city pride sign program.

(i) Termination. The department may terminate the agreement upon default of the municipality.

Source Note: The provisions of this §25.422 adopted to be effective December 16, 1996, 21 TexReg 11834; amended to be effective November 22, 1998, 23 TexReg 11664.

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