Ord 2513 6/17/1969 r
ORDINANCE NO. 02,. 2.3
AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN
STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE
CITY OF WICHITA FALLS, COUNTY OF WICHITA, TEXAS, HEREBY
REFERRED TO AS MUNICIPAL MAINTENANCE PROJECT AND AUTHOR-
IZING THE MAYOR OF THE CITY OF WICHITA FALLS TO EXECUTE
AND AFFIX THE CORPORATE SEAL AND ATTEST SAME. A CERTAIN
AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS, PRO-
VIDING 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, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE CITY OF WICHITA FALLS, TEXAS, THAT:
I.
That the public convenience, safety and necessity of the City
and the people of the City require said project be adequately maintained.
II.
That the State of Texas be and is hereby authorized to enter
upon and maintain said maintenance project.
.
III.
That the Mayor 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 Clerk
is hereby directed to attest the agreement and to affix the proper seal
of the City thereto.
IV.
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 afore-
said 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 17th day of June, 1969.
M A Y O R
ATTEST:
oft(4)144e4j.
CITY CLERK
Form 1038
(Revised 7-1-67)
•
MUNICIPAL- MAINTENANCE AGREEMENT
STATE OF TEXAS ()
COUNTY OF TRAVIS () •
THIS AGREEMENT made this day of , 19
by and between the State of Texas, hereinafter referred to as the "State" ,
party of the first part, and the City of Wichita Falls • , Wichita
• County, Texas (population 101,724 , 1960 Federal Census) acting by
and through its duly authorized officers, hereinafter called the "City" ,
party of he second part.
W I T N E S S E T H
WHEREAS, the City has requested the State to assist in the mainten-
ance of State Highway routes within such city; and
WHEREAS, the State Highway Engineer, acting for and in behalf of the '
State Highway 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 responsi-
bilities. of the parties thereto:
A G R E E M E N T
NOW, THEREFORE, in c nsideration 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
• (Revised 7-1-67)
Coverage
1. This agreement is intended to cover and provide for State
participation in the maintenance of the following classifi-
cation of State Highway routes within the City:
A. Non-Controlled Access routes or portions thereof which
are described and/or graphically shown as "State Main-
tained" 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 Texas Highway Commission as Con-
trolled 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 mainten-
ance 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 directional and desti-
nation signs thereon for direction of highway traffic.
3. In the event that the present system of State Highway
routes within 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 1?y either the City or 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-
Form 1038
(Revised 7-1-67)
2 . This agreement shall supplement any existing agreements between
the State and the City for the maintenance or construction and
maintenance of the highways covered herein and this agreement
shall supersede such existing agreements only in respect to
points of conflict.
3 . Traffic regulations including speed limits, will be established
and fixed by agreement with the State after traffic and -engi-
neering 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. installation specifically covered by
separate agreements between the City and State.
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 obli-
gation either real or anticipated concerning such State Highway
routes through the City.
6. The City shall prohibit the movement of loads over State main-
tained streets which exceed the legal limits for either weight,
length, height or width, as prescribed in Vernon's Penal Code
827a for public highways outside coporate 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
P g
. way of the highway routes and assist in removal of any present
encroachments when requested by the State except where specifi-
cally authorized by separate agreement; and prohibit the plant-
.
ing 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 stop
and slow signs, traffic signal lights and other types of
devices for traffic control, in respect to type of device,
points of installation, and necessity will be fixed by agree-
-3-
Form 1038
(Revised 7-1-67)
•
ment with the State, after traffic and engineering surveys have
been made ,- The City agrees that it will not install or main-
tain or permit the installation or maintenance of any type of
traffic control 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 de-
vices 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 signal lights 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 continue its responsibility for proper con-
struction, maintenance and control of access driveway facilities
in accordance with "Regulations for Access Driveways to State
Highways" adopted by the Texas Highway Department or in accord-
ance with other standards and specifications for the design,
construction and maintenance details subject to approval by the
Texas Highway Department.
10. It is understood that the use of unused right of way and areas
beneath structures for parking, will be the responsibility of
the City as determined by a separate agreement.
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
directing highway traffic in a safe and efficient manner, which
shall include normal route markers, directional and destination
signs, center line, lane line 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 City subject to the approval of the State.
•
-4-
• Form 1038
(Revised 7-1-67)
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
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 is of sufficient width to permit
angle parking without interfering with the free movement of
traffic.
2. Require installations, repairs, removals or adjustments of
publicly or privately owned utilities or services to be per-
formed in accordance with State Highway Department specifi-
cations and subject 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 Stater 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 limit>3 except
where participation by the State other than above is speci-
fically covered in a separate agreement between the City and
the State.
-5-
Form 1038
•
(Revised 7-1-67)
•
CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall be applicable
to controlled access highways in addition to the "General Conditions" con-
tained 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 loads
encountered.
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 in 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 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 s 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.
•
-5a-
Form 1038
(Revised 7-1-67)
•
2. Pass and enforce an ordinance providing for one way traffic on
the frontage roads except as may be otherwise agreed to by separ-
ate agreements with the State.
3. Secure or cause to be secured the approval of the State before
any utility installation, repair, removal or adjustment is under-
taken, crossing over or under the highway facility or entering
the right of way. In the event of an emergency, it being evident
that immediate action is necessary for protection of the public
and to minimize property damage and loss of investment, the City,
• without the necessity of approval by the State, may at its own
responsibility 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 7-1-67)
Termination
1. It is understood and agreed between the parties hereto that all
obligation of the State created herein to maintain the State
Highway 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
execution of this agreement by the Highway Department.
IN WITNESS WHEREOF, the parties have hereunto affixed their signa-
tures, the City of on the day of
19 , and the Highway Department on the day of
19
ATTEST: CITY OF .
•
BYE
(Title of Signing Official)
STATE OF TEXAS
APPROVAL RECOMMENDED: Certified as being executed for the
purpose and effect of activating and/or
carrying out the orders, established
District Engineer, District policies, or work programs heretofore
approved and authorized by the State
Highway Commission.
Engineer of Maintenance
By:
Chief Engineer of Maintenance
Operations
•
Note: To be executed in triplicate and supported by Municipal
Maintenance Ordinance and Certificate of City Secretary.
-6-
•
Wichita Falls
•
_ "EXHIBIT A"
NON CONTROLLED ACCESS HIGHWAYS
I. STATE MAINTAINED:
A. 11111111 Mow, clean-up litter, sweep and assist in maintenance of
roadway ditches.
1. U.S. HIGHWAY 281: From end of controlled access to south
city limit.
2. U.S. HIGHWAY 277-82: From VanBuren Street to west city limit.
\( 3. STATE HIGHWAY 79: From east city limit to junction with
SH 240 (Business US 287-82) AND from Chester Street to junction
with U.S. 287-281 Expressway AND from end of controlled
access to west city limit near FM 369.
4. STATE HIGHWAY 240: From north city limit to Houston Street
AND from junction with Loop 370 (Business US 287-82) to east
city limit.
5. LOOP HIGHWAY 11: From junction with Loop 370 to junction
with US 277-82.
6. SPUR HIGHWAY 325: From junction with SH 240 to beginning
of controlled access near Locke Lane.
7. LOOP HIGHWAY 370(Business US 287) : From west city limit to
Jefferson Street AND from end of curb and gutter near Texas
Street to beginning',of curb and gutter near Perigo Street
AND from end of curb- and gutter near Hilltop Drive to
junction with SH 240.
8. LOOP HIGHWAY 473 (US 281 Business) : From junction US 287-
281-82 Expressway to 32nd Street AND from 38th Street to
Rathgeber Road and junction with US 281 Expressway west
frontage road.
9. . FARM TO MARKET ROAD 171: From junction SH 240 at Houston
Street to north east city limit.
10. FARM TO MARKET ROAD 367: From west city limit to junction
with Loop 11.
11. FARM-TO MARKET ROAD 369: From north city limit to east city
limit in Seymour Heights Addition.
12. FARM TO MARKET ROAD 890: From west frontage road US 277-281
Expressway to east frontage road US 277-281 Expressway
AND from west line of Spur 325 Expressway to junction SH 240.
13. FARM TO MARKET ROAD 1634: From north city limit to junction
with US 277-82.
14. FARM TO MARKET ROAD 2380: From junction with FM 369 to
south city limit near Archer County Line.
15. FARM TO MARKET ROAD 2650: From junction with FM 369 to
south city limit in Seymour Heights Addition.
•
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"EXHIBIT A" Page 1
Wichita Falls
B.J5 Base and surface only.
1. U.S. HIGHWAY 277-82: From Holliday Street vest to Vanburen
Street.
2. STATE HIGHWAY 79: From junction with Loop 370 (Business
US 287-82) south to Chester Street AND the un-logged "Y"
on Galveston Street from East Scott Street to Old Jacksboro
Highway (Virginia Street) .
3. STATE HIGHWAY 240: From Burkburnett Highway to junction
with Loop 370 at East Scott Street.
4. LOOP HIGHWAY 370 (Business US 287) : From Jefferson Street
to Warren Street AND from 13th Street to end of curb and
gutter near Texas Street AND from beginning of curb and
gutter near Perigo Street to end of curb and gutter near
Hilltop Drive.
5. LOOP HIGHWAY 473 (Business US 281) : From 32nd Street to
38th Street.
6. FARM TO MARKET ROAD 171: From junction Loop 370 (Business
US 287 - N. Scott Street) to junction SH 240 (Houston Street) .
7. FARM TO MARKET ROAD 369: From west city limit at Barnett
Road to beginning of controlled access at Loop 473 (Business
US 281) overpasses AND west bound lanes only from junction
with SH 79 Expressway west bound main lanes to junction
with US 281 Expressway east frontage road.
II. CITY MAINTAINED:
•
A.
1. U.S. HIGHWAY 287: From 8th Street to 16th Street.
2. U.S. HIGHWAY 82: From Broad Street to Scott Street.
3. LOOP HIGHWAY 370: From Warren Street to 13th Street.
•
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"EXHIBIT A" Page 2
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I
I • "EXHIBIT A” �'•
.
�. �_
Wichita Falls
•
"EXHIBIT B"
CONTROLLED ACCESS HIGHWAYS
4 `
I. STATE MAINTAINED:
a. U.S. HIGHWAY 287 EXPRESSWAY: From west city limit at East
Grandview to 8th Street•AND from 16th Street to east city limit.
b. U.S. HIGHWAY 281 EXPRESSWAY: From junction US 287 Expressway
to end of controlled access near south city limit.
c. U.S. HIGHWAY 277 EXPRESSWAY: From first north city limit to
MKT Railroad and first south city limit AND from north city limit
at north line of FM 890 (Airport Drive) to junction with US 287--
Spur 325 interchange.
d. STATE HIGHWAY 79 EXPRESSWAY: From junction with US 281 Expressway
to junction with FM 369 Expressway.
e. SPUR HIGHWAY 325 EXPRESSWAY: From beginning of controlled access
near Locke Lane to junction US 277-287 interchange.
f. FARM TO MARKET ROAD 369 EXPRESSWAY: From beginning of controlled
access to junction SH 79 main lanes:
•
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"EXHIBIT B" -
•
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CONTROLLED ACCESS �1S. S. `_. ••. %'tit. ` - ,i'S `` `-
t i t' t
k":-? -,. State Maintained 1
• t 1 None City Maintained J "EXHIBIT B" • " ,
•