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