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HomeMy WebLinkAboutResolution - 2785 - Utility Joint Use Agreements - TDHPT - Portions Of I27 - 03/24/1988DGV:dw RESOLUTION Resolution #2785 March 24, 1988 Item 20 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 7 Utility Joint Use Agreements with the Texas Department of Highways and Public Transporta- tion for joint usage of a portion of the I-27 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 detail. Passed by the City Council this 24th day of ATTEST: to Boyd, City Sece6tary APPROVED AS TO CONTENT: Ed Bucy, Right-of-Wa Agent APPROVED AS TO FORM: Uonald G. Vandiver, First City Attorney 01 March B. C. Mc IN , MAYOR , 1988. State Department of Highways and Public Transportation Right of Way Division Form D -15-80A Page 1 of 2 Rev. 8-75 UTILITY JOINT USE AGREEMENT (controlled access highway) .Resolution #2785 THE STATE OF TEXAS X COUNTY Lubbock PROJECT 1-27-7 35 301; CSJ #0067-11-017 COUNTY OF TRAVIS ACCT. NO. 9005-27-15 HIGHWAY 1-27 LIMITS: From 40th Si., South To 79th St. in Lubbock WHEREAS, the State of Texas, hereinafter called the State, acting by and through the State Department of Highways and Public Transportation, proposes to make certain highway improvements on that section of the above indicated highway. WHEREAS, the City of Lubbock (Texas) , hereinafter 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 indicated on the plans attached to Utility Agreement as executed by Owner on the 6th day of April , 19 87 , or on location sketches attached hereto except as provided below. 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 facil- ities 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 State Department of Highways and Public 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 State Department of Highways and Public Transportation, such alteration, modification, or new construction will injure the highway or endanger the traveling public using said highway, the State Department of Highways and Public Transportation shall have the right, within 30 days after the receipt of such notice, to prescribe such regulations as necessary for the protection of the highway facility and the traveling public using said highway; provided 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. OWNER hereby agrees that access for servicing its facilities normally will be limited to access via (a) Frontage roads where provided (b) Nearby or adjacent public roads and streets, or (c) Trails along or near the highway right of way lines, connecting only to an intersecting road; from any one or all of which entry may be made to the outer portion of the highway right of way. Where supports, manholes, or other appurtenances of the Owner's facilities are located in medians or interchange areas, access to them from the through -traffic roadways or ramps P Department of Highways nd Public Transportation Right of Way Division Form D -15-80A Page 2 of 2 Rev. 8-75 will be permitted but only by permits issued by the State to the Owner setting forth the conditions for policing and other controls to protect highway users. If an emergency situation occurs, and the usual means of access for service operations as herein provided will not permit the immediate action required by the Owner in making emergency repairs as required for the safety and welfare of the public, the Owner shall have a temporary right of access to and from the through -traffic road- ways and ramp as necessary to accomplish the required emergency repairs. Participation in actual costs incurred by the Owner for any future relocation or adjustment 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 the 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. IN WITNESS HEREOF, the parties hereto have affixed their signatures. STATE OF TEXAS State Department of Highways and Public Transportation District Engineer Right of Way Engineer Date OWNER: CITY OF LUBBOCK (Texas) By Title MAYOR } Date March 24, 1988 AT T: R ette Boyd, City ecretary APPROV D AS TO CONTENT: Ed Bucy, Right- -Way Agent P QVED AS FO Don Van Iver, First Assistant City Attorney PREPARED BY: R.O.W. & LEGAL s, DATE: --_3. 315-A8 DGV:dw 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 7 Utility Joint Use Agreements -with the Texas Department of Highways and Public Transporta- tion for joint usage of a portion of the I-27 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 detail. Passed by the City Council this day of , 1988. B. C. MCMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right-of-Wa Agent APPROVED AS TO FORM: � n• /-I V\txv4< 1, t� SAn-\-1r-'_►I Donald G. Vandiver, First Assistant City Attorney 'O,OAIE I W W, 1 !AY R T + 9A'IIOR NUM TES BAYI ELLM. BATE! AusURN1;15111'. "'•• RAIRIE DOG WADALUPIET _ isr n. ILIT. T WE �� TOWN ©MJMMVMOMMMMMMM■■..� FORT WORT" AND DENVER DEPOt) e4rN IA >AWR T W r-y�� Ippu■■E■■�T W • ]7rN T. IT'S i JaTN $T ITs 39 !T. !i R � 40 N ST 9T. NARWEI NEW DIRECTIONS ELEM. 4 39TN 3T 'i 44TN 13TH 3T. . 14TH 4STN JT 1STN 16TN 9T. 62ND !T. 4STN 54TN T 7TN !T. � mmME sr. RnrN sr an.� er ~ u 411111, a R W AST" a ?STATE !T. M IG DEPT 6TTN lTw .:. ? . 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LU.ROCN CEMETERY mm SOUTHEAST LOOP 2 9 � . e4rN r A 3A „ �`: ,�... .� State Department of Highways and Public Transportation Right of Way Division Form D -15-80A Page 1 of 2 Rev. 8-75 UTILITY JOINT USE AGREEMENT (controlled access highway) THE STATE OF TEXAS X COUNTY Lubbock PROJECT 1-27-7 35 301; CSJ w67-11-01; COUNTY OF TRAVIS ACCT. NO. 9005-27-15 HIGHWAY 1-27 LIMITS From 40th St., South To 79th St. in Lubbock WHEREAS, the State of Texas, hereinafter called the State, acting by and through the.,State Department of Highways and Public Transportation, proposes to make certain highway improvements on that section of the above indicated highway. WHEREAS, the City of Lubbock (Texas) , hereinafter 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 indicated on the plans attached to Utility Agreement as executed by Owner on the 6th day of April , 19 87 , or on location sketches attached hereto except as provided below. 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 facil- ities 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 State Department of Highways and Public 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 State Department of Highways and Public Transportation, such alteration, modification, or new construction will injure the highway or endanger the traveling public using said highway, the State Department of Highways and Public Transportation shall have the right, within 30 days after the receipt of such notice, to prescribe such regulations as necessary for the protection of the highway facility and the traveling public using said highway; provided 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. OWNER hereby agrees that access for servicing its facilities normally will be limited to access via (a) Frontage roads where provided (b) Nearby or adjacent public roads and streets, or (c) Trails along or near the highway right of way lines, connecting only to an intersecting road; from any one or all of which entry may be made to the outer portion of the highway right of way. Where supports, manholes, or other appurtenances of the Owner's facilities are located in medians or interchange areas, access to them from the through -traffic roadways or ramps State Department of Highways and Public Transportation Right of Way Division Form D -15-80A Page 2 of 2 Rev. 8-75 will be permitted but only by permits issued by the State to the Owner setting forth the conditions for policing and other controls to protect highway users. If an emergency situation occurs, and the usual means of access for service operations as herein provided will not permit the immediate action required by the Owner in making emergency repairs as required for the safety and welfare of the public, the Owner shall have a temporary right of access to and from the through -traffic road- ways and ramp as necessary to accomplish the required emergency repairs.. Participation in actual costs incurred by the Owner for any future relocation or adjustment 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 regula'tions as apply to the general public, and (2) The Owner and the State, by the 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. IN WITNESS HEREOF, the parties hereto have affixed their signatures. STATE OF TEXAS State Department of Highways and Public Transportation District Engineer Right of Way Engineer Date OWNER: CITY OF LUBBOCK (Texas) By Title MAYOR Date March 24, 1988 ATTEST: Raynette Boyd, City Secretary APPROV D AS TO CONTENT: Ed Bucy, Right -of -Way Agent APP -ROVED AS FO Don Van Iver, First Assistant City Attorney