1980-046FILE REFERENCE FORM 80-46
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
X Other
FILES Date Initials
Amendment to Agreement - Ordinance No. 96-163 07/16/96 J R
NO eo.V4
AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE
HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF
DENTON, COUNTY OF DENTON, TEXAS, HEREBY REFERRED TO AS
MUNICIPAL MAINTENANCE PROJECT AND AUTHORIZING THE MAYOR OF THE
CITY OR OTHER AUTHORIZED CITY OFFICIAL, TO EXECUTE AND AFFIX
THE CORPORATE SEAL AND ATTEST SAME A CERTAIN AGREEMENT
BETWEEN THE CITY AND THE STATE OF TEXAS, PROVIDING FOR THE
MAINTENANCE AND USE OF THE SAID MAINTENANCE PROJECT AND
DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHOULD
BE EFFECTIVE FROM AND AFTER ITS PASSAGE
WHEREAS, the public convenience, safety and necessity of
the City, and the people of the City require that State Highway
routes within the City be adequately maintained, and
WHEREAS, the City has requested that the State of Texas,
enter upon and contribute financially to the maintenance of
said project, and
WHEREAS, the State of Texas has made it known to the City
that it will, with its own forces and equipment and at its sole
cost and expense, enter upon and maintain said project,
conditioned upon the provisions concerning liabilities and
responsibilities for maintenance, control, supervision, and
regulation which are set out in the form attached hereto, made
a part hereof, and marked "MUNICIPAL MAINTENANCE AGREEMENT", and
WHEREAS, said project consists of those State Highways
and/or portions thereof which are described and included in the
form attached hereto and marked "MUNICIPAL MAINTENANCE
AGREEMENT"
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, HEREBY
ORDAINS
SECTION I
That the public convenience, safety and necessity of the
City and the people of the City require said project be
adequately maintained
SECTION II
That the State of Texas be and is hereby authorized to
enter upon and maintain said maintenance project
SECTION III
That the Mayor, or proper City official, of the City, be
and is hereby authorized to execute for and on behalf of the
City an agreement with the State of Texas, in accordance with
and for the purpose of carrying out the terms and provisions of
this order, in the form attached hereto, made a part hereto and
marked "MUNICIPAL MAINTENANCE AGREEMENT" The City Secretary
is hereby directed to attest the agreement and to affix the
proper seal of the City thereto
SECTION IV
This ordinance shall become effective from and after its
date of passage
CIT OF D NTON, TEXAS
ATTEST
M40;4AA0!!:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OFFDENTON, TEXAS
BY C.~,
Form 1037-2
STATE OF TEXAS Q
COUNTY OF DEN= G
I, ' a , the duly appointed,
qualified and acting city secretary of the City of nRWMW ,
Texas, hereby certify that the foregoing pages constitute a true and correct
copy of an ordinance duly passed by the City Council at a meeting held on
y12ci,., 9'7 AJ,,, , A D , 19 an , at r/ o o o' clock M
To certify which, witness my hand and seal of the City of DENTON
TEXAS, this due .9 1.6L.,. day of 19_K, at
DMMN Texas
- A tw44.001~~
City Secretary of the City of
DS[7RON Texas
Form 1038
(Revised 2/77)
MUNICIPAL MAINTENANCE AGREEMENT
STATE OF TEXAS X
COUNTY OF TRAVIS X
THIS AGREEMENT made this / ti> day of , 19 80,
by and between the State of Texas, hereinafter referred to as the
"State", party of the first part, and the City of DM=
nvyw x County, Texas (population 39,874 , 19_70-,
Federal Census) acting by and through its duly authorized officers,
hereinafter called the "City", party of the second part
W I T N E S S E T H
WHEREAS, the City has requested the State to assist in the mainte-
nance of State Highway routes within such city, and
WHEREAS, the Engineer-Director, acting for and in behalf of the
State Highway and Public Transportation Commission, has made it known
to the City that the State will assist the City in the maintenance,
control, supervision, and regulation of State Highway routes within
such city, conditioned that the City will enter into agreements with
the State for the purpose of determining the responsibilities of the
parties thereto
A G R E E M E N T
NOW, THEREFORE, in consideration of the premises and of the mutual
convenants and agreements of the parties hereto to be by them respect-
ively kept and performed, it is agreed as follows
Coverage
1 This agreement is intended to cover and provide for State partici-
pation in the maintenance of the following classification of State
Highway routes within the City
-1-
Form 1038
(Revised 2/77)
1 A Non-Controlled Access routes or portions thereof which are de-
scribed and/or graphically shown as "State Maintained" routes
in Exhibit "A", which is attached hereto and made a part
hereof
B All State Highway routes or portions thereof which have been
designated by the State Highway and Public Transportation Com-
mission as Controlled Access Highways and which are described
and/or graphically shown in Exhibit "B", which is attached
hereto and made a part hereof
2 The City shall retain full responsibility for the maintenance of
those State Highway routes and portions thereof which are listed
and/or graphically shown in Exhibit "A" and Exhibit "B" as "City
maintained" routes, except that the State is hereby authorized by
the City to erect and maintain normal route markers and direction-
al and destination signs thereon for direction of highway traffic
3 In the event that the present system of State Highway routes with-
in the City is changed by cancellation, modified routing, new
routes, or change in the City's corporate limits, the State shall
terminate maintenance and this agreement shall become null and
void on that portion of the routes which are no longer routes of a
State Highway, and the full effect and all conditions of this
agreement shall apply to the changed routes or new routes of the
State Highways within the City and shall be classified as "State
Maintained" under paragraph 1 above, unless the execution of a new
agreement on the changed portion of the routes is requested by
either the City of the State
GENERAL CONDITIONS
1 The City hereby agrees and does hereby authorize the State to
maintain the State Highway routes covered by this agreement in the
manner set out herein
2 This agreement shall supplement any special agreements between the
State and the City for the maintenance and/or construction of the
highways covered herein and this agreement shall supersede any ex-
isting Municipal Maintenance Agreements
3 Traffic regulations including speed limits, will be established
and fixed by agreement with the State after traffic and engineer-
ing surveys have been conducted
4 It is mutually agreed that, subject to approval by the State, any
street lighting system may be installed by the City provided the
City shall pay all cost of installation, maintenance and operation
except in those installations specifically covered by separate
agreements between the City and State
-2-
Form 1038
(Revised 2/77)
5 It is understood and agreed that this agreement is for the purpose
of defining the authority and responsibility of both parties for
maintenance of highway routes through the City and shall in no way
be considered to cover any present or past obligation either real
or anticipated concerning such State Highway routes through the
City
6 The City shall prohibit the movement of loads over State maintain-
ed streets which exceed the legal limits for either weight,
length, height or width, as prescribed by State law for public
highways outside corporate limits of cities, except those having
proper permits from the State for such movements The City shall
also, by ordinance 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 street and/or
for traffic safety
7 The City shall prevent future encroachments within the right of
way of the highway routes and assist in removal of any present en-
croachments 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 agreement with
the State
8 The City agrees that traffic control devices, such as signs, traf-
fic signals and pavement markings, in respect to type of device,
points of installation, and necessity will be fixed by agreement
with the State after traffic and engineering surveys have been
made The City agrees that it will not install or maintain or
permit the installation or maintenance of any type of traffic con-
trol device which will affect or influence the utility of the
State Highway routes without having obtained in writing the prior
approval of 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 utility of the State Highway routes
unless their continued use is approved in writing by the State
It is understood that future traffic control devices installed as
a joint project by the City and State will be the subject of a
separate agreement outlining the responsibilities for installation
and maintenance
9 The City agrees to assure the grantee's conformance, for proper
construction and maintenance of access driveway facilities, in ac-
cordance with "Regulations for Access Driveways to State Highways"
adopted by the State Department of Highways and Public Transporta-
tion or in accordance with other standards and specifications for
the design, construction and maintenance details subject to ap-
proval by the State Department of Highways and Public Transporta-
tion.
-3-
Form 1038
(Revised 2-77)
10 It is understood that the use of unused right of way and areas be-
neath structures will be as determined by a separate agreement
11 On those State Highway routes and portions thereof which are list-
ed and/or graphically shown on Exhibit "A" and Exhibit "B" as
"City Maintained" routes, the City agrees to perform biennial .in-
spections of all bridges and bridge classified culverts not later
than July 1 of each even numbered year, and to provide inspection
and inventory data to the State, all in accordance with National
Bridge Inspection Standards
NON-CONTROLLED ACCESS HIGHWAYS
State's Responsibilities
1 Maintain the pavement, base and its support and maintain the
shoulders on those sections where there is no curb and gutter
2 Install and maintain normal highway markings necessary for direct-
ing highway traffic in a safe and efficient manner, which shall
include normal route markers, directional and destination signs,
city limit signs, school safety devices including school cross-
walks (in cities under 15,000 population only), center line, lane
line and no-passing barrier line stripes, and such other pavement
markings considered necessary for direction of traffic, except pe-
destrian crosswalks Any other traffic striping desired by the
City may be placed and maintained by the City subject to the ap-
proval of the State
3 Assist the City in sweeping and otherwise cleaning the pavement,
in mowing and cleaning of litter, and in maintenance of roadway
ditches, on those sections of State Highway routes where and to
the extent that such duties are delineated on Exhibit "A"
4 Assist in snow and ice control as availability of labor and equip-
ment will allow
City's Responsibilities
1 Prohibit angle parking, except upon written approval by the State
after traffic and engineering surveys have been conducted to de-
termine that the roadway is of sufficient width to permit angle
parking without interfering with the free movement of traffic
2 Install and maintain all parking restriction signs, school safety
devices including school crosswalks (in cities over 15,000 popula-
tion only), pedestrian crosswalks, parking stripes and special
guide signs when agreed to by the State Signing and marking of
-4-
Form 1038
(Revised 2-77)
intersecting city streets to State Highway routes will be the full
responsibility of the City
Require installations, repairs, removals or adjustments of public-
ly or privately owned utilities or services to be performed in ac-
cordance with State Department of Highways and Public Transporta-
tion specifications and subject to approval of the State
4 Retain all functions and responsibilities for maintenance, con-
trol, supervision, and regulation which are not specifically de-
scribed as the responsibility of the State The assistance by the
State in maintenance of roadway ditches does not relieve the City
of its responsibility for drainage of the highway facility within
its corporate limits except where participation by the State other
than above is specifically covered in a separate agreement between
the City and the State
-5-
Form 1038
(Revised 2-77)
CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall be appli-
cable to controlled access highways in addition to the "General Condi-
tions" contained herein above Routes of controlled access highways or
portions thereof covered by this section are those listed and/or graph-
ically shown in Exhibit "B"
State's Duties
1 Maintain the traveled surface of the through lanes, ramps and
frontage roads and those things beneath such traveled surface nec-
essary for the proper support of same under vehicular loads en-
countered
2 Mow and clean up litter within the outermost curbs of the frontage
roads or the entire right of way width where no frontage roads ex-
ist, and assist in performing these operations between the right
of way line and the outermost curb or crown line of the frontage
roads in undeveloped areas
3 Sweep and otherwise clean the through lanes, ramps, separation
structures or roadways, and frontage roads
4 Remove snow and control ice on the through lanes and ramps and as-
sist in these operations as the availability of equipment and la-
bor will allow on the frontage roads and separation structures or
roadways
5 Erect and maintain all normal markings and signs necessary for the
proper use of the facility and direction of traffic thereon
6 Maintain all drainage facilities within the limits of the right of
way
City's Duties
1 Restrict parking on frontage roads to parallel parking on one side
only and 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 and tak-
ing other appropriate action in addition to full compliance with
current laws on parking
2 When considered necessary and desirable by both the City and the
State, the City shall pass and enforce an ordinance providing for
one-way traffic on the frontage roads except as may be otherwise
agreed to by separate agreements with the State
-5a-
Form 1038
(Revised 2-77)
3 Secure or cause to be secured 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 imme-
diate action is necessary for protection of the public and to min-
imize property damage and loss of investment, the City, without
the necessity of approval by the State, may at its own responsibi-
lity and risk make necessary emergency utility repairs, notifying
the State of this action as soon as practicable
4 Pass necessary ordinances and retain its responsibility for en-
forcing the control of access to the Freeway facility
-5b-
Form 1038
(Revised 2-77)
Termination
1 It 1s understood and agreed between the parties hereto that all
obligation of the State created herein to maintain the State High-
way routes covered by this agreement shall terminate if and when
they are no longer routes of State Highways, and further, that
should either party fail to properly fulfill its obligations as
herein outlined, the other party may terminate this agreement upon
thirty days written notice
Said State assumption of maintenance shall be effective the date of ex-
ecution of this agreement by the State Department of Highways and Pub-
lic Transportation
IN WITNESS WHEREOF, the parties have hereunto affixed they signatures,
the City of BERM on the a t; day of ,
19 So and the State De artment of Highways and Public Transportation
on the ' day of Ls~,i (L~ , 1930-
ATTEST CITY OF 1EBgi
BY
CITY SZO RTARY
T tle of Signing Official
RECOMMENDED
try.
v
ng ee of Maintenance
STATE OF TEXAS
Certified as being executed for
the purpose and effect of acti-
vating and/or carrying out the
orders, established policies,
or work programs heretofore ap-
proved and a orized the
State De pa f g ways
and P ra ion
BY
Operations
Note To be executed in triplicate and supported by Municipal Mainte-
nance Ordinance and Certificate of City Secretary
-6-
EXHIBIT "A"
NON CONTROLLED ACCESS HIGHWAY
I STATE MAINTAINED
A U S 77 Business From North City Limit to the intersection of Sherman
Route (Southbound Drive which includes only those sections of U S 77
& Northbound) within the City Limit (Base, surface, assist in
mowing, cleaning litter, and in maintenance of road-
way ditches )
B U S 77 Business
Route (Southbound)
C U S 77 Business
Route & U S 377,
Southbound
From intersection of Sherman Drive over Elm Street
to intersection of U S 380 (University Drive)
(Base, surface, and bridge classification structures
only )
From U S 380 (University Drive) over Elm Street to
intersection of McKinney Street (Base, surface, and
bridge classification structures only )
D U S 77 Business From Mulberry Street over Elm Street to intersection
Route & U S 377, of Eagle Drive (Base, surface, and bridge classifi-
Southbound cation structures only )
E U S 77 Business From intersection of Eagle Drive over Eagle Drive to
Route (Southbound Dallas Drive to Approximately 190' South of Allegre
& Northbound) Vista Street (Base, surface, and bridge classifica-
tion structures only )
F U S 77 Business From approximately 190' South of Allegre Vista Street
Route (Southbound to IH 35E (Base, surface, assist in mowing, clean-
& Northbound) ing litter, and in maintenance of roadway ditches )
G U S 377 (South- From intersection of Elm Street and Eagle Drive over
bound & North- Fort Worth Drive to intersection of South Roselawn
bound) Drive (Base, surface, and bridge classification
structures only )
H U S 377 (South-
bound & North-
bound)
I U S 377 (North-
bound)
J US 377&US
77 Business Route
(Northbound)
K U S 377 & U S
77 Business Route
(Northbound)
From intersection of South Roselawn Drive to South-
west City Limit (Base, surface, assist in mowing,
cleaning litter, and in maintenance of roadway ditches )
From intersection of Eagle Drive and Fort Worth Drive
over Eagle Drive to Locust Street (Base, surface, and
bridge classification structures only )
From intersection of Eagle Drive and Locust Street over
Locust Street to intersection of Mulberry Street
(Base, surface and bridge classification structures only)
From intersection of McKinney Street over Locust Street
to intersection of U S 380 (University Drive) (Base,
surface, and bridge classification structures only )
race -2-
EXHIBIT "A"
NON CONTROLLED ACCESS HIGHWAY
STATE MAINTAINED
L U,S 380 From West City Limit over University Drive to IH 35
(Base, surface, assist in mowing, cleaning litter,
and in maintenance of roadway ditches )
M U S 380
From IH 35 over University Drive to intersection of
U S 377 Northbound (Locust Drive) (Base, surface,
and bridge classification structures only )
N U S 380 &
From intersection of U S 377 Northbound (Locust St )
UPS 377
over University Drive to intersection of Frame Street
(Base, surface, and bridge classification structures
only )
0 U S 380 &
From intersection of Frame Street over University Dr
U S 377
to East City Limit (Base, surface, assist in mowing,
cleaning litter, and in maintenance of roadway ditches)
P F M 2181
From the Junction of South U S 77 Business Route
(Dallas Drive) over Teasley Lane to the Southeast City
Limit, which includes only those sections of F M 2181
within the City Limits (Base, surface, assist in mow-
ing, cleaning litter, and in maintenance of roadway
ditches )
Q F M 1515
From Junction of Ill 35E, west to intersection of County
Road near Denton Airport (Base, surface, assist in
mowing, cleaning litter, and in maintenance of roadway
ditches )
R F M 426
From intersection of Jennie Street over E McKinney
Street to East City Limit (Base, surface, assist in
mowing, cleaning litter, and in maintenance of roadway
ditches )
S F M 2164 From North City Limit over N Locust Street to the
Junction of North U S 77 Business Route (Base, sur-
face, assist in mowing, cleaning litter, and in main-
tenance of roadway ditches )
T F M 1830 From Junction of U S 377 to the South City Limit
(Base, surface, assist in mowing, cleaning litter and
in maintenance of roadway ditches )
U Loop 288 From Junction of U S 380 to Junction of IH 35E (Base,
surface, assist in mowing, cleaning litter, and in main-
tenance of roadway ditches )
V F M 428 From North City Limit over Sherman Drive to intersection
of Hercules Street (Base, surface, assist in mowing,
cleaning litter, and in maintenance of roadway ditches )
Page -3-
EXHIBIT "A"
NON CONTROLLED ACCESS HIGHWAY
II CITY MAINTAINED
A U S 77 Business From intersection of McKinney Street over Elm Street
Route & U S 377 to Mulberry Street for southbound traffic, and from
intersection of Mulberry Street over Locust Street
to McKinney Steet for northbound traffic.
B U S 77 Business From intersection of U S 380 (University Drive) and
Route (Northbound) Locust Street, North over Locust Street to the inter-
section with Sherman Drive, thence West over Sherman
Drive to the intersection with Elm Street
C F M 426 From intersection of Northbound U S 77 Business Route
and Northbound U S 377 over McKinney Street to inter-
section of Jennie Street
D F M 428 From intersection of Hercules Street over Sherman Drive
to intersection of Locust Street
EXHIBIT "B"
CONTROLLED ACCESS HIGHWAY
I STATE MAINTAINED
A IH 35 From North City Limit to intersection with IH 35E & IH 35W
B IH 35E From intersection with IH 35 & IH 35W to Southeast City
Limit
C IH 35W From intersection with IH 35 and IH 35E to Southeast City
Limit
II CITY MAINTAINED None
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a1P
PS OF
w
COMMISSION STATE DEPARTMENT OF HIGHWAYS
A SAM WALDROP CHAIRMAN AND PUBLIC TRANSPORTATION
DEWITT C GREER P 0 Box 3067
RAY A BARNHART Dallas, Texas, 75221
June 26, 1980
MUNICIPAL MAINTENANCE AGREEMENT
CITY OF DENTON
Honorable Richard 0 Stewart
Mayor, City of Denton
215 East McKinney Street
Denton, TX 76201
Dear Mayor Stewart
ENGINEER DIRECTOR
B L DEBERRY
IN REPLY REFER TO
FILE NO
Attached for your files is an executed copy of the above agreement which
covers all highway routes in the City of Denton
This is an important document in that it outlines the respective mainte-
nance responsibilities of the State and the City of Denton
Yours very truly,
~ia zo, a,
Robert L Yielding 67
District Engineer
Attachment