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1978-014 MUNICIPAL MAINTENANCe. ORDINANCE AN ORDINANCE PROVIDING FOR THE MAINT~IANCE OF CERTAIN STATE EIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF DENTON , COUNTY OF DENTON , ~EXAS, HEREBY REFERRED TO AS MUNICIPAL MAINTENANCE PROJECT AND AUTHORIZING THE M~YOR OF THE CITY OR OTHER AUTHORIZED CITY OFFICIAL, TO EXECUTE AND AFFIX THE CORPORATE SEAL AND ATTEST SAME A CERTAIN AGRE~4~NT BETWEEN THE CITY AND THE STATE OF TEXAS, PROVIDING FOR THE MAINTENANCE AND USE OF THE SAID MAINTENANCE PROJECT AND DE- CLARING AN ~/~ERG~CY 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 AGRE~24~NT", 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 M~%INT~ANCE AGRE~T" NOW, THEREFORE, BE IT ORDAINED by the ~'~T¥ O~ DENTON 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 B That the State of Texas be and is hereby authorized to enter upon and maihtain said maintenance project SECTION 3 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 ~rked "MUNICIPAL MAINT~ANCE AGRE~4ENT" The City Secretary is hereby directed to attest the agreement and to affix the proper seal of the City thereto SECTION 4 The Mayor of the City, having requested in writing that this ordinance take effect forthwith and there being in fact an emergency and imperative necessity that the work herein provided for be begun and c~rried out promptly and with expedition and that the, agreement aforesaid shall be immediately made, executed and delivered to the end that such work herein provided for may be begun and carried out promptly and with expedition The reading of the ordinance on three several days is hereby dispensed with and the same shall be in full force and effect from and after its passage PASSED and APPROVED this the 4th day of April, A D 1978 ELINOR HUGHES, MAY~ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM PAUL C~ ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS PASSED and APPROVED this the 4th day of April, A D. 1978 ~LINOR HDGttES, MAYOR CITY OF DENTON, TEXAS A~ lESt BROOKS HOLT, CITY qLCRETAR'Y CITY or DENTON, TEXAS APPROVED AS TO LEGAL FORM PAUL C ISIIAM, CItY AqTORNEY CIIY OF DENTON, TEXAS Fon~ 1037-2 I~ /~ ,~~ ~ the duly ~pointed~ qualified and acti~ city secretly of the C ty of DE~ON Texas, berry certify that the foregoi~ p~es constitute a t~e and correct copy of ~ ordinance ~ passed by the City Council at a meeti~ held on ~ ,~-~ , AD , 19 7a , at ~ .o'cloc~/~. M To certify which~ witness _my hand md seal o,f the City of DE~£ON TEXAS, this ~e ~ day of ~ , 1978 , at DENTON T~as Cit~/Secretary of the Ci y o DENTON Texas Form 1038 (Revised 2/77) MUNICIPAL MAINTENANCE AGREEMENT STATE OF TEXAS X COUNTY OF TRAVIS X THIS AGREEMENT made th~s ~~/~ay °f ~ ' 19 ?8 ' by and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of DENTON , DENTON County, Texas (population 39,874 , 19 70 , Federal Census) acting by and through 1ts duly authorized officers, herelnafter called the "City", party of the second part WI TNES SETH WHEREAS, the City has requested the State to asslst ~n the mainte- nance of State Hlghway routes w~thin such clty, and WHEREAS, the Eng~neer-D~rector, acting for and ~n behalf of the State H~ghway and Public Transportation Commission, has made it known to the City that the State w~ll assist the C~ty ~n the maintenance, control, supervision, and regulation of State H~ghway routes w~thin such c~ty, conditioned that the City wall enter into agreements with the State for the purpose of determining the responsibilities of the part~es thereto AGREEMENT NOW, THEREFORE, ~n conslderatlon of the premises and of the mutual convenants and agreements of the parties hereto to be by them respect- ~vely kept and performed, it is agreed as follows Coverage 1 Th~s agreement is ~ntended to cover and provide for State partici- pation in the malntenance 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 Ail 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 Clty shall retain full responsibility for the maintenance of those State Highway routes and portions thereof which are listed and/or graphioally 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 dlrect~on- 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 condit~ons of th~s 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 C~ty 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 here~n 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- lng 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 C1ty 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 as understood and agreed that this agreement is for the purpose of defining the authority and responsabality of both parties for maantenance of highway routes through the City and shall an no way be considered to cover any present or past obligation either real or anticipated concerning such State Highway routes through the Caty 6 The City shall prohibit the movement of loads over State maintain- ed streets which exceed the legal limits for eather weight, length, height or width, as prescrabed by State law for public h~ghways outside corporate limats of cltaes, except those havang proper permits from the State for such movements The City shall also, by ordinance and enforcement, prescribe and enforce lower weight lamits 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 wathan the raght 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 devlces, such as sagns, traf- fic signals and pavement markings, ~n respect to type of devace, points of installatlon, and necessity will be f~xed by agreement wath the State after traffic and engineering surveys have been made The City agrees that at will not install or maintain or permit the installatlon or maintenance of any type of traffac con- trol device which will affect or anfluence the utility of the State Highway routes without having obtained an writing the prior approval of the State Traffic control devices anstalled prior to the date of thls agreement are hereby made subject to the terms of thas agreement and the City agrees to the removal of such devices which affect or ~nfluence the utility of the State Highway routes unless their continued use as approved an writing by the State It is understood that future traffac control devices installed as a 3oint project by the City and State wall be the sub]ect 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 draveway facilities, ~n ac- cordance with "Regulations for Access Driveways to State Highways" adopted by the State Department of Highways and Publac Transporta- taon or in accordance with other standards and specifications for the design, constructlon and malntenance detaals sub]ect to ap- proval by the State Department of H~ghways and Public Transporta- tlO~o -3- Form 1038 (Revised 2-77) 10 It ls understood that the use of unused r~ght 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 Exh~bat "A" and Exhibit "B" as "C~ty Maintained" routes, the City agrees to perform baenn~al ~n- spect~ons of all bridges and bridge classified culverts not later than July 1 of each even numbered year, and to provide inspection and anventory data to the State, all in accordance wath National Bridge Inspection Standards NON-CONTROLLED ACCESS HIGHWAYS State's Res~onsibilltaes 1 Maantaln the pavement, base and its support and maantain the shoulders on those sections where there ~s no curb and gutter 2 Install and malntain normal highway markings necessary for d~rect- ang highway traffic in a safe and efflcaent manner, which shall include normal route markers, d~rectional and destination sagns, caty limit signs, school safety devices including school cross- walks (in cities under 15,000 population only), center line, lane lane and no-passang barraer line stripes, and such other pavement marklngs considered necessary for darectaon of traffic, except pe- destrian crosswalks Any other traffic str~plng desired by the City may be placed and ma~ntalned by the C~ty subject to the ap- proval of the State 3 Assast the City in sweeping and otherwase cleanang the pavement, an mowing and cleanang of l~tter, and an maintenance of roadway dltches, on those sections of State Haghway routes where and to the extent that such duties are delineated on Exhibit "A" 4 Assist in snow and 1ce control as availability of labor and equip- ment will allow Caty's Responsibilatles 1 Prohibat angle parkang, except upon written approval by the State after trafflc and eng~neerang surveys have been conducted to de- termine that the roadway is of sufficient wadth to permit angle parklng without ~nterfering wath the free movement of traffic 2 Install and maantaln all parkang restriction slgns, school safety devices ~nclud~ng school crosswalks (~n cities over 15,000 popula- taon 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 3 Require installations, repairs, removals or ad3ustments 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, superv~sion, 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 followlng speclfic 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 highway~ or portions thereof covered by this section are those listed and/or graph- lcally shown in Exhibit "B" State's Duties 1 Malntain 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 l~tter 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, separatlon structures or roadways, and frontage roads 4 Remove snow and control ~ce 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 dlrection of traffic thereon 6 Maintain all drainage facilitles within the limits of the right of way City's Duties 1 Restrict parking on frontage roads to parallel parking on one s~de only and prohibit all parking on ma~n lanes and ramps and at such other places where such restriction ls 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 C~ty 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 -§a- 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 ~s undertaken, crossing over or under the h~ghway facility or entering the right of way In the event of an emergency, ~t being evident that imme- diate action is necessary for protection of the public and to min- imize property damage and loss of ~nvestment, the City, without the necessity of approval by the State, may at ~ts 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 is understood and agreed between the part~es hereto that all obligation of the State created herein to maintain the State H~gh- way routes covered by this agreement shall terminate ~f 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 Sa~d State assumption of maintenance shall be effective the date of ex- ecution of this agreement by the State Department of Highways and Pub- l~c Transportation IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the Clty of DL~£0N on the day of , 19 78 , and the State Department of Hlghways and Public Transportation on the day of , 19 78 ATTEST CITY OF DENTON BY CI~S~C~ETARY ~Y0~ (Title of Signing Official} APPROVAL RECOMMENDED STATE OF TEXAS Certified as being executed for the purpose and effect of act~- bistrict Engineer, District ~$ vat~ng and/or carrying out the ' orders, established policies, or work programs heretofore ap- proved and authorized by the State Department of H~ghways Engineer of Maintenance and Public Transportation BY Chief Engineer of Maintenance Operations Note To be executed in triplicate and supported by Municipal Mainte- nance ordinance and Certificate of C~ty Secretary -6- EXHIBIT "A" NON CONTROLLED ACCESS HIGHWAY I STATE MAINTAINED A. U.S. HIGHWAY 380 From the West City Limits over University Drive to Malone Street (assist in mowing, cleanin§ litter and in maintenance of roadway ditches). B U S. HIGHWAY 380 From Malone Street to Frame Street (maintain base, surface and bridge classification struc- tures only). C U.S. HIGHWAY 380 From Frame Street to the East City Limits (as- sist in mowinE, cleaning litter and in mainte- nance of roadway ditches) D FARM TOMARKET 2181 From the intersection of S B lane U S 77 Business Route to the South City Limits (as- sist in mowing, cleaning litter and in main- tenance of roadway ditches) E FARM TO MARKET 1515 From IH 35E west to intersection of County Road near Denton Airport (assist in mowing, cleaning litter and in maintenance of roadway ditches) F FARM TO MAP. KET 426 From Hettie Street over E. McKinney Street to the East City Limits (assist in mowing, clean- lng litter and in maintenance of roadway ditches) G FAS~dTO MARKET 2164 From the North City Limits over N Locust St to the intersection of U S 77 Business Route (assist in mowing, cleaning litter and in main- tenance of roadway ditches). H FARM TO MAP. K~T 1830 From the intersection of U S 377 to the South City Limits (assist in mowing, cleaning litter and in maintenance of roadway ditches). I LOOP 288 From the intersection of U S 380 to the inter- section of IH 35E (assist in mowing, cleaning litter and in maintenance of roadway ditches) J FARM TO MARKET 428 From the North City Limits to the intersection of Hercules Street (assist in mowing, cleaning litter and in maintenance of roadway ditches). K U S 77 BUSINESS ROUTE From the North City Limits to the intersection of Henry Street (assist in ~wing, cleaning litter and in maintenance of roadway ditches). L U S 77 BUSINESS ROUTE From the intersection of Henry Street to US 380 (maintain base, surface and bridge classifica- tion structures only), M U S. 77 BUSINESS ROUTE From US 380 over Elm Street to McKinney Street (southbound traffic)(maintain base, surface and bridge classification structures only). N U.S 77 BUSINESS ROUTE From U S 380 over Locust Street to intersec- tion of McKinney Street (northbound traffic) (maintain base, surface and bridge classifi- cation structures only) O U S 77 BUSINESS ROUTE From Mulberry Street over Locust Street to Mill Street (northbound traffic)(maintain base, surface and bridge classification strut- Cures only) P U S 77 BUSINESS ROUTE From Mill Street over Dallas Drive to one block North of Willow Springs Drive (maintain base, surface and bridge classification structures only) q U S 77 BUSINESS ROUTE From one block North of willow Springs Drive to IH 35E (Assist in mowing, cleaning litter and in maintenance of roadway ditches). R U S. HIGHWAY 377 From Mulberry Street over Elm Street to Mill Street (southbound traffic)(Matntain base, surface and bridge classification structures only). S U S HIGHWAY 377 From Mill Street over Elm Street to intersec- tion of Roselawn (maintain base, surface and bridge classification structures only) T U S HIGHWAY 377 From inte~section of Roselawn to the South City Limits (assist in mowing, cleaning litter and in maintenance of roadway ditches) U U.S HIGHWAY 377 From South Elm Street to South Locust Street over Mill Street (northbound traffic)(main- rain base, surface and bridge classification structures only) II CITY MAINTAINED A. U S. 77 BUSINESS ROUTE From McKinney Street over Elm Street to Hickory Street (southbound traffic). -2- B U S 77 BUSINESS ROUTE From McKinney over Locust Street to Mulberry Street (northbound traffic) C, U S H[GHWAY 377 From Hickory Street over Elm Street to Mul- berry Street (southbound traffic). D. FARM TO MARKET 426 From Locust Street to Hettie Street E FARM TO MARKI~T 428 From intersection of Hercules Street to US 380 EXHIBIT CONTROLLED ACCESS RIGHWAY I STATE MAINTAII{ED A INTERSTATE HIGh'~AY 35E From the North City Limits to the South City Limits , I1 CITY MAINTAINED None -3- Legend Exhibit "~' Non Con~rolled Access H~ghwoys ...... 0 store Mo~ntd~ned (B~se And Surfece Only) 0 Stole Mo~nto~ned (Bose,Surfoce, Ass[st In Mowmg, Cleonmg Litter, And In MQintenonce Of Roedwoy D~tchesJ / , ;_~ Legend L_, t EXhibit "~" -. Conholled Access HJghway* ., ~ Sfaf~ [~olnta~ned ' .... Non(,- C~iy t,3omfoinod