Ordinance 1994-19
ORDINANCE NO.
Clef ..-/f
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING FOR THE
MAINTENANCE OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE
HIGHWAYS IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, (HEREIN
REFERRED TO AS MUNICIPAL MAINTENANCE PROJECT) BY APPROVAL OF A
MAINTENANCE AGREEMENT BETWEEN THE CITY AND THE ST ATE OF TEXAS,
AUTHORIZING THE MAYOR OF THE CITY, OR OTHER AUTHORIZED CITY
OFFICIALS, TO EXECUTE THE MAINTENANCE AGREEMENT AND AFFIX THE
CITY'S CORPORATE SEAL; REPEALING ALL CONFLICTING ORDINANCES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE
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 State Highways or portions thereof located within the City
(Municipal Maintenance Project or Project); and,
WHEREAS, the State of Texas has made it known to the City that the State 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 document entitled "MUNICIPAL
MAINTENANCE AGREEMENT" a copy and form of which being attached hereto and
incorporated herein by reference; and,
WHEREAS, said attached agreement details and indicates those State Highways and/or
portions thereof which are covered by this ordinance and the said agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That the City Council, in its legislative capacity, finds that the state highways, or portions
thereof, located in the City require adequate maintenance to protect the public convenience,
safety, and necessity of the City generally and the people of the City.
SECTION II
That the State of Texas be, and it hereby is, authorized to enter upon and maintain said
maintenance project.
SECTION III
That the Mayor be, and he hereby is, authorized to execute three duplicate originals of
the attached Municipal Maintenance Agreement for and on behalf of the City, for the purpose
of carrying out the terms and provision of this Ordinance; and the City Secretary is hereby
directed to attest such agreement and affix thereto the proper seal of the City of Wylie.
~
SECTION IV
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION V
This ordinance shall be in full force and effect from and after its adoption by the City
Council on the 12th day of July, 1994.
SECTION VI
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
SECTION VII
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinaDce; nor
sball it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
2
DUL Y PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
12th day July, 1994.
f
/
/4
BrJ ~ iJ.
Ja. D. Swartz
Mayor
'ArrEST: ~7f-~
Mary Nichols
City Secretary
Approved:
Steven P. Deiter
City Attorney
3
~
L~~.
Form 1038 Rev. 3194
Previous versions are obsolete.
DHT 1# 122504
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
WYLIE
COLLIN
County, Texas (population
8 . 700 ,19 90 , Federal Census) acting by and through its duly authorized officers,
hereinafter called the "City", party of the second part.
WITNESSETH
WHEREAS, the City has requested the State to assist in the maintenance of State Highway routes within
such City; and
WHEREAS, the Executive Director, acting for and in behalf of the Texas 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:
AGREEMENT
NOW, THEREFQRE, in consideration of the premises and of the mutual covenants and agreements of the
parties hereto to be by them respectively kept and performed, it is agreed as follows:
Coverage
I. This agreement is intended to cover and provide for State participation in the maintenance of the
following classification of State Highway routes within the City:
A. Non-Controlled Access routes or portions thereof which are described 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 Texas
Transportation Commission as Controlled Access Highways and which are described and/or
graphically shown in Exhibit "B", which is attached hereto and made a part hereof.
I of6
@~
Form 1038 Rev. 3194
Previous versions are obsolete.
2. 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 by 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. The City shall retain full responsibility for all items that affect property rights, life, health, etc., of
property owners and dwellers adjacent to the State Highway routes and portions thereof.
3. 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 existing Municipal Maintenance Agreements.
4. Traffic regulations, including speed limits, will be established after traffic and engineering surveys
have been conducted.
5. The State will erect and maintain all traffic signs necessary to regulate, warn and guide traffic on
highway routes in a safe and efficient manner.
6. 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.
7. 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.
8. The City shall prohibit the movement of loads over State Maintained 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.
9. The City shall prevent future encroachments within the right of way of the highway routes and assist
in removal of any present encroachments 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.
20f6
Fonn 1038 Rev. 3194
Previous versions are obsolete.
10. The City agrees that traffic control devices, such as signs, traffic signals and pavement markings, in
respect to type of device, points of installation and necessity will be determined by traffic and
engineering surveys. The City agrees that it will not install, maintain or permit the installation of any
type of traffic control device which will affect or influence the utility of the State Highway routes
unless approved in writing by 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 approval for future installations of traffic
control signals by the State or as a joint project with the City, will be indicated by signature of the
plans.
11. The City agrees to assure the grantee's conformance, for proper construction and maintenance of
: access driveway facilities, in accordance with "Regulations for Access Driveways to State Highways"
adopted by the Texas Department of Transportation or in accordance with other standards and
specifications for the design, construction and maintenance details subject to approval by the Texas
Department of Transportation.
12. It is understood that the use of unused right of way and areas beneath structures will be as determined
by a separate agreement.
13. On those State Highway routes and portions thereof which are listed and/or graphically shown on
Exhibit "A" as "City Maintained" routes, the City agrees to provide bridge inspection and inventory
data to the State in accordance with National Bridge Inspection Standards.
Non-Controlled Access Highways
The following specific conditions and responsibilities shall be applicable to non-controlled access highways
in addition to the "General Conditions" contained herein above. Routes of non-controlled access highways or
portions thereof covered by this section are those listed and/or graphically shown in Exhibit "An.
State's Responsibilities
1. Maintain the traveled surface and foundation beneath such traveled surface necessary for the proper
support of same under vehicular loads encountered and maintain the shoulders.
2. Assist in mowing and litter pickup.
3. Assist in sweeping and otherwise cleaning the pavement.
4. Assist in snow and ice control.
5. Maintain drainage facilities within the limits of the right of way.
6. Install and maintain normal regulatory warning and guide signs and normal markings for directing
highway traffic in a safe and efficient manner. This includes school safety devices, school crosswalks
and crosswalks installed in conjunction with pedestrian signal heads. It does not include other pedestrian
crosswalks. Any other traffic striping desired by the City may be placed and maintained by the City
subject to the approval of the State.
30f6
Form 1038 Rev. 3194
Previous versions are obsolete.
7. Install, operate and maintain traffic signals in cities with less than 50,000 population.
8. Install all Federally-funded, off-system traffic signals and on-system traffic signals in cities greater
than 50,000 population.
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. Install and maintain all parking restriction signs, pedestrian crosswalks, parking stripes and special
guide signs when agreed to by the State and traffic signals in cities with over 50,000 population.
Signing and marking of intersecting city streets to State Highway routes will be the full responsibility
of the City.
3. Require installations, repairs, removals or adjustments of publicly or privately owned utilities or services
to be performed in accordance with Texas Department of Transportation specifications and subject to
approval of the State.
4. Maintain highway drainage facilities outside the limits of the right of way.
5. Retain all functions and responsibilities for maintenance, control, supervision and regulation which
are not specifically described 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.
6. Maintenance and operation of all Federally-funded, off-system traffic signals and on-system traffic
signals in cities greater than 50,000 population.
Controlled Access Highways
The following specific conditions and responsibilities shall be applicable to controlled access highways in
addition to the "General Conditions" contained 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 Responsibilities
1. Maintain the traveled surface of the through lanes, ramps and frontage roads and foundations beneath
such traveled 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.
40f6
Form 1038 Rev. 3194
Previous versions are obsolete.
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. Install and maintain all normal markings and signs on the main lanes and frontage roads necessary for
the proper use of the facility and direction of traffic thereon. This includes school safety devices,
school crosswalks and crosswalks installed on frontage roads in conjunction with pedestrian signal
heads. It does not include other pedestrian crosswalks.
6. ~ Install, operate and maintain traffic signals at ramps and frontage road intersections.
7. Maintain all drainage facilities within the limits of the right of way.
City's Responsibilities
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 ordinanc~s and taking 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.
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 tl:e 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 practical.
4. Pass necessary ordinances and retain its responsibility for enforcing the control of access to the freeway
facility.
Termination
1. It is understood and agreed between the parties hereto that all obligations 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 30 days written notice.
Said State assumption of maintenance shall be effective the date of execution of this agreement by the Texas
Department of Transportation.
50f6
Form 1038 Rev. 3194
Previous versions are obsolete.
parties have hereunto
day of
day of
affixed
their signatures, the City of
, 19 , and the Texas
, 19
IN WITNESS WHEREOF, the
lJYT T F on the
Department of Transportation on the
ATTEST:
CITY OF WYL IE
By
(fide of Signing OfficiaO
THE STATE OF TEXAS
APPRoVAL RECOMMENDED:
~~ ti#----
. District En . .
nATTAC::
District
Certified as being for the purpose and effect of
activating and/or carrying out the orders,
established policies, or werk programs heretofore
approved and authorized by the Texas
Transportation Commission under the authority
of Minute Order No.
By
Director, Construction and Maintenance
NOTE: To be executed in triplicate and supported by Municipal Maintenance Ordinance and Certificate of
City Secretary.
60f6
l.,
I. STATE MAINTAINED
A. STATE HIGHWAY 18:
B . FARM TO MARIO."T 1318:
C. FARM TO MARKET 2514:
II
D. FARM TO MARKET 544:
E. . FARM TO MARKET 544:
F. FARM TO HARKET 544:
II. CITY MAINTAINED
I. STATE MAINTAINED
II. CITY MAINTAINED
EXHIBIT "A"
NON COtITROLLED ACCESS HIGI~AY
From the East City Limit to the Southwest City
Limit (Base, surface, assist in sweeping, mowing,
cleaning litter and in maintenance of roadway ditche
Froin North City Limit to the intersection of F .M. 54
(Base, surface, assist in sweeping, mowing, cleaning
litter and in maintenance of roadway ditches)
From North Ci.ty Limit to the intersection of F .M. 54
(Base. surface, assist in sweeping, mowing. cleaning
litter and in maintenance of roadW=-ay ditches)
From West City Limit to beginning of curb and gutter
section (Base. surface, assist in sweeping, mowing,
cleaning litter and in maintenance of roadway ditche
From beginning of curb and gutter section over Brown
Street to Ballard Avenue, over Ballard Avenue to
junction of S.H. 78 (Maintain base, surface and
bridge classification structures only)-
From junction of S.H. 78 to South City Limit (Base,
surface, assist in sweeping. mowing. cleaning litter
and in maintenance of roadway ditches)
None
EXHIBIT "B"
CONTROLLED ACCESS HIGHWAY
None
None
()
'. I
r{ '~--L '
00 't> tf)--~1 'U -,... -- -..... --...
~oo p
r- r 't>
,r n "~.'
~- --.I I
CIl Z =:! If) i \
l") g IT)
0'
(J.
-..j
-..j
-r--
I
>- '"
~ u/'\
; ? rTl
, fT1 -n ..:::;::J.. "I
' CIl..v ,/ ~ ~ ~.
-i ..r---
. ~ . - _-:- -... I- - :f\.)1.-- I
,f=- ~'~Ol ...,..
i~' ., '. lUll l:.
. . l'. L=:.J
:\ .
I' .
f
j:
-~J
~:..
I,.
,;-
,~(
'-l,t
.....~ .
.
,j
0
<D
(J.
0
C v.
Ul
Z
--i
-<
~
.
'.~
',-
..
.
I
I
(/)
-j
LEGEND
EXHIBIT "A"
NON CO~7ROLLED ACCESS
""D
, l>
g' ,,1/ C y
~' ,/h r--f
\ /1 (fl.
'- " -T' - \ ~ .;i ::j..J.. .
., ' - ~ ,... J \ \ !, I ". t'~.1 , .- 'j, 'l'/
"'0 <:: /, ,...'\...,\, I ,. _ _-.," I\.
o <:::: r '. ~ ~ ,,;-~ 'I - ~.,' -f' ,
"1J :< c; . _ __ \ '~"I ~I ,,~,../ -....:' \~~.
!V .....r t "J YO '~:' ~ ~.",:_iJ ....~~~...... 'f--;;:'
0) " -', /.\ ; I '~~~~.f':\.~0
~ U; fll. .~I" .... \; 'I, J!:;~~~' -~~~~/
~ ''29- ~" '''I~~~~'
. . ~, : ~ ....,~1 I JI-::::::=~~~'--=:-~__
~~- . -', 'J, \,\1\( (1/ ~~
- *, \_.! -r ~~ " "'~~~\~/~
":::Z. I . .' I" I. ~5n~ :.. /- -.;. ~'; 1- \~ ~ '~J)~~\~~~~\r\\ 'if //,/(/(/ ;1(~lr1f~~
I ''TO' ,//)/'! \111" '-1
. A~. e ,.'- . _ ~ b -~ ~(I(I 1/) ;~\ \\\\' "_.
J' ..-1 :1; I. Vl\ \ ~~)liYIi!r(I\' 111!\i'~';:';:
~:~ / ),) . !'""" i J ~:I uo 'U \ ~~~~~\\\\ ~n"\t~~~,
~ ~"'\1, - 1: ... -j i ' 1 G) 1} , ~;~ '\\\~\, \"r ')'ir '\~"
.h. ~~~'\ ---~1-----::-g-, --- t ~~ " ;'~~\\\I'\!I,I !i'(f:L-
"i: ~~\~~I.[" " ,\'; < ~ t~ . '~),:! '.~'\\'>.\\\\\~'\"
r'- ",---",,>,~..:=._~ "'~'. '\T1) ~~",J, /' II?,' \\I~'1'.,.>-
h "~~~---~~4~i~1~~. ;'~.' ~# " \. '\'~ l8~~'~/~~~~/,;?:d;:'~'ij;, '~
~ ~ '--~,:-:;?).)?~ "I""S!J~. <.r L~ ~~'l~ . /.j::{?'-:;/d .
---..., / /. ,\ '!'~'~I: ".iT ~ ~ ~ ~,;;;:);. --~. ~~,. i;ft /f((:f;/ I~i'( <<(~ '.V ~: __
:':C<'r ) , / I '....z,W// 1/: ~) \ ,\\, <i.~,.. r.-
~.:;:: 'i? t ), f~'/I/ (.f) 2 ~ >))\ ,)1 'I"': \..)~ ~'-".
~'~ V~,;;::.. 'ifrFtm6~~ J t'~~~~:tY~~
- /' '111'r,~ r (::E a ~1I('II,t'vfl/'~
~ /. ~I'll' II ' ~ : "" \\~i i I .~1&f~~
I I' '1" 'JC) \~'\: i 'f/ /
· STATE MAINTAINED (BASE , SURFACE, ASS 1ST IN _--.......!., f ,:!! I: I I i ~ ~ .\ / (
SWEEPING, MOWING, CLEANING I': i I, i! : rTJ rn ~" / _
LITTER AND IN MAINTENANCE , 1:/'/1111 ' ~ ro f'. ~.' /:-
OF ROADWAY DITCHES.) ,;-\ /' :1,li: I < h /_____ :/,,/.~_
0., i I" I ~ ~ //_-:::-:::::.// '((;::./
-" I !'III i to ~ ~ (//-- ~~,.: >~'~,
,I,., I' 0 -.,j ." //'~______J, ""''''''''\
1,1,1:, _N II '//~_-~ "F. "'\i\t
) lii.~~"0~~"'" - ii, i/i;';~~-?;,// ~
.~,~. "-----1 !r\':l(~'~:-:L_J~'~ t:::
~~>,----.-~l\)ll(tfl'; ,~0'; \
. ~':::--~'~\\0'~'::;" \ 'c'i
o \ ~..~,,.. ..~~, '\ 'I: -, 1)(lr
w ~ '~'''''~~'):-:'\: "(~"'-(' \, 'It
;/ l '--..,~ .\~::.;~::~ 1(; (~' . i...., '<r.:t-
-- -;~~-~ "'j\\\~~~, ID ',~
----.J '-........".. -', )....,;;;;~_~. ()_
\ I ,. , ~,,,...,,,,,.."I- ~
. , . '"' . II ": ""r.,,I,' --....rc=-..' ,
4-l ,", ...." I '_ '. ....,. _ ,
""--
<D
CT,
o-
r....
o
;0
"2
00
o .,
0.3
o
()
OIJ
::lo
::;-0
0-
o
HIGHWAYS
. STATE MAINTAINED
(BASE, SURFACE, AND BRIDGE
CLASSIFICATION STRUCTURES
ONLY)
o CITY MAINTAINED
NONE
-II
I
J
"
.---11
" ',I
__"_'~'__~'''~'''''''''''''''~'''''''''''''~''';'''''M.'_'_''_'_'