HomeMy WebLinkAboutResolution - 3939 - Utility Joint Use Agreement - TDOT - Portion Of Slide Road Right Of Way - 08_13_1992Resolution No. 3939
August 13, 1992
Item # 18
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Utility
Joint Use Agreement with the Texas Department of Transportation for joint
usage of a portion of the Slide Road (F.M. 1730) right-of-way for both
highway and utility purposes, attached herewith, which shall be spread upon
the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein
in datail _
Passed by the City Council this
ATTEST:
nexte boya, u,ty �,ecrevary
APPROVED AS TO CONTENT:
Ed Bucy, RigNt--6f9Way Agent
APPROVED AS TO FORM:
Ffaftld Willard; Assistant City
Attorney
9W:js/JNTUSEAG.RES/D1-Agenda
At'.SU1ul.1U11 1VU. J7.J7
August 13, 1992
Texas Department of Transportation Item #18
Form D-15-24A
Page 1 of 2 Rev. 12/91
Utility Joint Use Agreement
(Non -Controlled Access Highway)
Agreement No.
THE STATE OF TEXAS }
}
COUNTY OF LUBBOCK }
County Lubbock
Federal Project No.
CSJ No. 1344-2-9,10
ROW Account No.
Highway No. F.M. 1730
Limits From: Loop 289
To: 1.1 mi. S. of 82nd St.
WHEREAS, the State of Texas, hereinafter called the State, acting by and through the Texas Depart-
ment of Transportation, proposes to make certain highway improvements on that section of the above -
indicated highway; and
WHEREAS, the CITY OF LUBBOCK , herein-
after called the Owner, proposes to retain, locate or relocate certain of its facilities and retain title to any
property rights it may have on, along or across, and within or over such limits of the highway right of way
as indicted on the plans attached to Standard Utility Agreement as executed by Owner on the 13 th
day of August , 19 9 , or on location sketches attached hereto except
as provided hereinbelow;
NOW, THEREFORE, it is hereby mutually agreed that joint usage for both highway and utility
purposes will be made of the area within the highway right of way limits as such area is defined and to the
extent indicated on the aforementioned plans or sketches. Where Owner by reason of ownership of an
easement or fee title or otherwise under law has the right to alter, modify or add to facilities presently
located within the area above described or construct additional facilities therein, such right is hereby
retained, provided, however, if existing facilities are to be altered or modified or new facilities constructed
within said area the Owner agrees to notify the Texas Department of Transportation prior thereto, to
furnish necessary sketches showing location, type of construction and methods to be used for protection
of traffic, and if, in the opinion of the Texas Department of Transportation, such alteration, modification or
new construction will injure the highway or endanger the traveling public using said highway, the Texas
Department of Transportation shall have the right, after receipt of such notice, to prescribe such regulations
as necessary for the protection of the highway facility and the traveling public using said highway; pro-
vided further, however, that such regulations shall not extend to the requiring of the placement of intended
overhead lines underground or the routing of any lines outside of the area of joint usage above described.
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, either party hereto may at their own
responsibility and risk make necessary emergency repairs, notifying the other party hereto of this action
as soon as is practical.
Participation in actual costs incurred by the Owner for any future adjustment, removal or relocation of
utility facilities required by highway construction shall be in accordance with and to the extent possible
under applicable laws of the State of Texas. Except as expressly provided herein, (1) the Owner's rights
of access to the through -traffic roadways and/or ramps shall be subject to the same rules and regulations as
apply to the general public, and (2) the Owner and the State, by execution of this agreement, do not
waive or relinquish any right which they may have under the law or Constitution, State or Federal.
In the event the Owner fails to comply with the requirements as set out herein, the State may take such
action as it deems appropriate to compel compliance.
Texas Department of Transportation
Form D-15-24A
Page 2 of 2 Rev. 12/91
IN WITNESS WHEREOF, the parties hereto have affixed their signatures.
Owner:l the ITY o LUBBOCK_,---1 EXECUTION RECOMMENDED:
/�)dtility Name
0
DAVID R. LA%; STON v
Title: MAYOR
Date: August 13, 1992
Ran tte Boyd, City Secre r
APPROVED AS TO CONTENT:
Ed Bucy, Right —of —Way Agent
APPROVED AS TO FORM:
Harold Willard, Assistant City
Attorney
District Engineer, Texas Department of Transportation
THE STATE OF TEXAS
Certified as being executed for the purpose and effect of
activating and/or carrying out the orders, established
policies or work programs heretofore approved and
authorized by the Texas Transportation Commission.
M
Date:
Director of Right of Way
Texas Department of Transportation