1969-019 Form 1037-1
~-NICIPAL MAINTENANCE ORDINANCE
AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE
HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF
De. gm , COUNTY OF Denton ,
TEXAS, H~REBY 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 ATTFST SAME A CERTAIN
AGREEMENT BETWE~I THE CITY AND THE STATE OF TEXAS, PROVIDING FOR
THE MAINTENANCE AND USE OF THE SAID MAINTENANCE PROJECT AND DE-
CLARING AN ~IV~ERG~NCY AND PROVIDING THAT THIS ORDINANCE SHOULD BE
EFFECTIVE FROM AND AFTER ITS PASSAGE
WEEREAS, 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, tl~e 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 a~d responsibilities for maintenance, control~ supervision, and
regulation which mre 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, BE IT ORDAINED by the (~ fT-~ (~/¢'~
Cf~t:~ oJ~ Denton
SECTION 1 That the public convenience, safety and necessity of the City
and the people of the City require said project be adequately maintained
SECTION 2 That the State of Texas be and is hereby authorized to enter
upon and maintain said maintenance project
SECTION 3 That the Mayor, or proper Czty 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 AGREttVLENT" The C~ty 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 carried 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
Form 1037-2
STATE OF TEXAS
COUNTY OF
I, //~.~/ ~v . , the duly appointed,
qualified and actin~ city secretary of the City of D~o~
Texas, hereby certify that the foregoi~ p~es constitute a t~e and correct
copy of an ordinance du~ passed by the City Council at a meeting held on
~ / ~ ~ A D ~ 19 69 , at T o'clock M
To certify which~ witness ~ hand and seal of the City of
T~, this due /7 / day of , 19 69, at
Texas
f
Texas
Form 1038
(Revased 7-1-67)
MUNICIPAL MAINTENANCE AGREEMENT
STATE OF TEXAS ()
COUNTY OF TRAVIS ()
by and between the State of Texas, hereanafter referred to as the "State",
party of the first part, and the Caty of Ben,on , Den~ea
County, Texas (population 26~ , 1960 Federal Census) actang by
and through its duly authorized officers, hereinafter called the "City",
party of the second part.
WITNE S SETH
WHEREAS, the City has requested the State to assist in the mainten-
ance of State Highway routes withan such caty, and
WHEREAS, the State Highway Engineer, acting for and in behalf of the
State Highway Commission, has made it known to the Caty that the State wall
assist the City in the maintenance, control, supervaslon, and regulation of
State Highway routes within such city, conditioned that the City wall enter
into agreements with the State for the purpose of determaning the responsa-
bllatles of the part~es thereto
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual
convenants and agreements of the parties hereto to be by them respectively
kept and performed, it is agreed as follows
-1-
Form 1038
(Revased 7-1-67)
Coverage
1 Thas agreement as intended to cover and provide for State
partacipation in the maintenance of the following classifi-
cataon of State Haghway routes within the City
A Non-Controlled Access routes or portaons thereof which
are described and/or graphically shown as "qtate Maan-
rained" routes an Exhibit "A", which is attached hereto
and made a part hereof
B All State Haghway routes or portaons thereof whach have
been desagnated by the Texas Haghway Commissmon as Con-
trolled Access Highways and whach are descrabed and/or
graphacally shown in Exhabit "B", whach is attached
hereto and made a part hereof
2 The Caty shall retain full responslbalmty for the mainten-
ance of those State Highway routes and portmons thereof
which are listed and/or graphacally shown an Exhibit "A"
and Exhabit "B" as "Cmty Maantamned" routes, except that
the State is hereby authorazed by the City to erect and
maantain normal route markers and darectaonal and desti-
nation sagns thereon for direction of highway traffic
3 In the event that the present system of State Highway
routes within the City ls changed by cancellation, modified
routing, new routes, or change mn the City's corporate
limzts, the State shall termanate maintenance and this
agreement shall become null and voad on that portion of
the routes which are no longer routes of a State Highway,
and the full effect and all conditzons of thls agreement
shall apply to the changed routes or new routes of the
State Highways wlthin the City and shall be classlfled as
"State Maantained" under paragraph 1 above, unless the
execution of a new agreement on the changed portion of
the routes ms requested by eather the City or the State
GENERAL CONDITIONS
1 The Caty hereby agrees and does hereby authorize the State to
maintaan the State Highway routes covered by this agreement in
the manner set out herein
-2-
Form 1038
(Revased 7-1-67)
2 This agreement shall supplement ~ existang agreements between
the ,State and the City for the maantenance or construction and
maintenance of the highways covered herein and thas agreement
sha~l supersede such existang agreements only in respect to
points of conflict
3 Traffac regulations including speed limats, will be establashed
and fixed by agreement with the State after traffac and engi-
neering surveys have been conducted
4 It as mutually agreed that, subject to approval by the State,
any street lighting system may be installed by the Caty provided
the City shall pay all cost of installation, maintenance and
operation except an those anstallations specaflcally covered by
separate agreements between the City and State
5 It is understood and agreed that this agreement is for the
purpose of defaning the authority and responsabllity of both
partaes for maintenance of highway routes throughthe Caty and
shall an no way be consadered to cover any present or past obli-
gation either real or anticipated concernang such State Highway
routes through the City
6 The City shall prohabit the movement of loads over State main-
tanned streets which exceed the legal l~mlts for eather weight,
length, height or w~dth, as prescribed in Vernon's Penal Code
827a for publac highways outsade corporate llmats of cities,
except those having proper permits from the State for such
movements The City shall also, by ordanance and enforcement,
prescribe and enforce lower weight limits when mutually agreed
by the City and the State that such restrictaons are needed to
avoad damage to the street and/or for traffic safety
7 The City shall prevent future encroaohments within the right of
way of the highway routes and assist in removal of any present
encroachments when requested by the ~tate except where specifi-
cally authorized by separate agreement, and prohibit the plant-
lng of trees or shrubbery or the creation or construction of
any other obstruction wathan the raght of way wathout prior
agreement wath the State
8 The Caty agrees that traffic control devices, such as stop
and slow signs, traffic signal lights and other types of
devices for traffic control, an respect to type of device,
points of anstallataon, and necessaty will be faxed by agree-
-3-
Form 1038
(Revised 7-1-67)
men~ w~th the State after traffic and engineering surveys have
been made The City agrees that ~t w~ll not ~nstall or main-
tain or permit the ~nstallat~on or maintenance of any type of
traffic control device which w~ll affect or ~nfluence the
utility of the State H~ghway routes w~thout having obtained ~n
writing the prior approval of the State Traffic control de-
vlces ~nstalled prior to the date of th~s agreement are hereby
made subDect to the terms of th~s agreement and the City agrees
to the removal of such devices whlch affect or ~nfluence the
utll~ty of the State Highway routes unless their continued use
· s approved ~n writing by the State It ~s understood that
future traffic s~gnal lights ~nstalled as a joint project by
the City and qtate w~ll be the subject of a separate agreement
outlining the responsibilities for ~nstallat~on and maintenance
9 The C~ty agrees to continue its responsibility for proper con-
struct~on, maintenance and control of access driveway facilities
· n accordance w~th "Regulations for Access Driveways to State
Hlghways" adopted by the Texas H~ghway Department or ~n accord-
ance w~th other standards and spec~flcatlons for the design,
construction and maintenance detalls subject to approval by the
Texas Highway Department
10 It is understood that the use of unused r~ght of way and areas
beneath structures for parking, w~ll be the responsibility of
the C~ty as determined by a separate agreement
NON-CONTROLLED ACCESg HIGHWAYS
State's Responsibilities
1 Maintain the pavement, base and lts support and maintain the
shoulders on those sections where there ~s no curb and gutter
2 Install and maintain normal highway markings necessary for
d~recting h~ghway traffic in a safe and efficient manner, which
shall include normal route markers, d~rect~onal and destination
s~gns, center l~ne, lane l~ne and no-passing barrier line
stripes, and such other pavement markings considered necessary
for direction of traffic, except crosswalks Any other traffic
striping desired by the City may be placed and maintained by
the C~ty subject to the approval of the State
-4-
Form 1038
(Revised 7-1-67)
3 Assist the City in sweeping and otherwise ~leaning the pavement,
an mowing and cleaning of litter, and an maintenance of roadway
d~tches, on those sections of State Highway routes where and to
the extent that such duties are delineated on Exhablt "A"
4 Assist in snow and ace control as avaalabllaty of labor and
equipment 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 determine that the roadway ~s of suff~caent width to permat
angle parking without interfering wath the free movement of
traffic
2 Require installations, repairs, removals or ad]ustments of
publacly or privately owned utilatles or services to be per-
formed in accordance with State Highway Department speclf~-
cations and sub3ect to approval of the State
3 Retain all functions and responsibilities for maintenance,
control, supervision, and regulation which are not specifi-
cally described as the responsibility of the State The
assistance by the State in maintenance of roadway datches
does not relieve the City of its responsibility for drainage
of the highway facility within its corporate llmats except
where partlcipation by the State other than above is spec~-
flcally covered in a separate agreement between the Caty and
the State
-5-
Form 1038
(Revised 7-1-67)
CONTROLI~ED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall be applicable
to controlled access highways in addition to the "General Conditions" con-
rained herein above Routes of controlled access highways or portions
thereof covered by this section are those listed and/or graphically shown
in Exhibit "B"
State's Duties
1 Maintain the travelled surface of the through lanes, ramps and
frontage roads and those things beneath such travelled surface
necessary for the proper support of same under vehicular lo~ds
encounte red
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
exist, 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
assist an these operations as the availability of equipment and
labor will allow on the frontage roads and separation structures
or roadways
5 Erect and maintain all normal markings and s~gns necessary for
the proper use of the facility and direction of traffic thereon
6 Malntaln 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 taking other appropriate action in addition to
full compliance with current laws on parking
-Sa-
Form 1038
(Revised 7-1-67)
2 Pass and enforce an ordinance provldlng for one way trafflc on
the f~ontage roads except as may be otherwlse agreed to by separ-
ate agreements wlth the State
3 Secure or cause to be secured the approval of the State before
any u~l~ty ~nstallatlon, repair, removal or adjustment is under-
taken, crossing over or under the h~ghway facility or entering
the right of way In the event of an emergency, ~t being evident
that ~mmediate action ~s necessary for protection of the public
and to minimize property damage and loss of lnvestment, the Clty,
wlthout the necessity of approval by the etate, may at ~ts own
responsibility and risk make necessary emergency utlllty repairs,
notifying the State of this action as soon as practicable
4 Pass necessary ordinances and retain ~ts responsibility for en-
forcing the control of access to the Freeway facility
-5b-
Form 1038
(Revised 7-1-67)
Termznatlo~
1 It zs lunderstood and agreed between the partzes hereto that all
oblzgatzon of the State oreated herezn to malntaln the gtate
H~ghway routes covered by th~s agreement shall terminate if and
when they are no longer routes of State H~ghways, and further,
that should ezther party fall to properly fulfill ~ts obligations
as here~n outlined, the other party may terminate thzs agreement
upon thirty days written notice
Sa~d State assumption of maintenance shall be effective the date of
execution of th~s agreement by the Highway Department
IN WITNESS ~E~OF, the part,es have hereunto affzxed their szgna-
19 ~ , an~the ~ghway Department on the ~ day of
Offzelal)
~PR~V~ ~~D~ Certzf~ed as being executed for the
/~ /~ purpose and effect of activating and/or
carrying out the orders, establzshed
Distr~Ct Engzneer, Distrzct policies, or work programs heretofore
" a~~r~zed by the State
~neer of Maintenance ~~ance
Operations
Note To be executed in triplicate and supported by Municipal
Maintenance Ordinance and Certificate of C~ty eecretary
-6-
NON GOHT~OLLHD ACGESS iiZG~AY
ote~/~ lt~ter, a~ tn ~e o~
~ad~y diCa~s )
(AeratOr tn ~i~, ot~t~ litter, ~ ~
min~e~e of r~ay d/co~s )
D. ~ ~ ~g ~lSlt ~rm t~ intersection of S.B, ~ U.S 77
m~te~e o~ r~y ditches.)
E. ~ ~ ~ l~t ~m ~ Ueo~ City L~ts tO X.H. 3~E (~otat
O~ r~ay alit=hts.)
F. F~ ~ ~ 426s ~ ~CCie Street ~er g ~K~y Scoot co
~ ~C CtCy Lt~to (Agorot ~
~t~nt~ lt~ter, a~ tn m~te~e of roa~ay
dittos. )
S~eC co ~ intersection of U.S. ~7 ~o~os
~ tn mtn~o o~ r~y dttoheo.)
CtCy L~to. (Assist ~ ~,
licker, ~ ~ m~t~e o~ r~y dttc~o )
eee~t~ oi Z.H, ~E. (Assist tn ~tnS,
dittos .)
titter, a~ ~ mhce~e of ~ay d~cc~9 )
L. U.S. 77 BUSIL~SS ~OUT'~ From the North City L~mite ce lnt:ereaction
Henry Street (Aastot tn ~n~, clea~
lttto~, and tn mtnte~nce o~ read, ay ditches )
N U.S. 77 ~S~SS R~t From SH 2~ ~er Elm Street to McKi~y Street
(Southbound T~a~ic) (~tnCetn baas, surface
a~ s~c~ures only )
of ~E~n~y Street (NorChbo~d ~a~ic )
P. U.S. 77 ~9~88 ~'~l Fr~ Hulber~ Street ~er ~c~t Street to
base, our~mce, and s~ruc~ureo only,)
q U.S. 77 BUS~SS ~1 ~ Mill Street ~er ~llae ~iva ~o o~ bl~k
NoF~ o~ ~ill~ Sprt~9 Drive (~ntain
surface, ~ atr~ture9 only )
~. U.S. 77 ~8~8~ ~ ~ ~ bilk Hor~h of ~lll~ Spr~a Drive
I.H, 35E. (Aao~st ~ ~p cLeanl~ litter,
~d tn m~n~e~nce of r~ay dicchoo )
S. U.S. 3771 ~ Mulbe~y St~e~ ~ar g~ Street to
Street (Southbound ~fto), (~tneatn ~se,
e~ace, a~ atruct~eo ~ly )
T U.~. ~ Fr~ ~ ~treee over Elm Street to
eect~en c[ ~eeela~ (~intein base, sub,ace,
and structure~ only )
U U.S. ~ From ~eraection of ~osela~ to the Sou~h
C~ty L~lta (Assist in ~, cleanin~
lister, e~ In ~lnte~nce o~ roed~ey dteches )
V. U.~ 377~ ~ ~outh Elm Stress eo Sou~h ~cust Street
~er Mill S~reet (Northbo~d ~affic)
tarn bess, 8ur~ace and 9cr~tureo only )
A. U.S. 77 BUS.SS K~ From ~Ki~ey Street over Elm Street to
Hicko~ SCree~ (SouChbou~
a. u.$, 77 n~l~s8 l~ FF~ ~Klnney over ~usc Street to ~lberry
Street (~rthbo~d Traffic)
C U.S. 377t ~r~ Hickory Street over E~ Street to Mulberry
Street (Southbe~d ~attic )
D F~ ~ ~ 426~ ~r~ ~ust Street to ~ttie Street
CO~ROL/~D ACC]aSS HXGIG~AY
r~oor
Legend \ / t_,
· Exhibit '~'
B~.~ Moun Non Controlled Access Highways
· · , G State Maintained (Base And Surface Only)
--., O State Maintained (Bose,Surface, Assist In Mowing, Cleaning Dtter,
And In Mmntenance Of Roadway D~tches~
'~ G Qty Maintained
/,
' DENTON
FAS POP 26 844
~ / '
[ L
'DENTON
~,IRFIELD
DENTON
~IRFI£LD
Confrolled Access Highways
~) State Mmnltmned