HomeMy WebLinkAboutResolution - 2671 - Utility Joint Use Agreement - TDHPT - I27 Project - 10/22/1987Resolution #2671
October 22, 1987
Agenda Item #28
DGV: dw
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY CF 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 State Department of Highways and
Public Transportation Right of Way Division and associated documents
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 22nd day of nrtoAr , 1987.
ATTEST:
City
41Y y 0 l0+r o ll�kl�AWN�t
e
Carroll McDonald, Dir6cEor of
Electric Utilities
t V;0 060 Dg
bdMld G. Vandiver, First Assistant
City Attorney
B. C. McMWj MAYOR
COMMISSION
ROBERT H. DEDMAN, CHAIRMAN
ROBERT C. LANIER
RAY STOKER, JR.
STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
Box 771
Lubbock, Texas 79408-0771
December 1, 1987
Utility Adjustment, U-7469
Pity of Lubbock ( Power & Light)
Lubbock County
1'!27-7(8)305
9005-27-13
TH 27: From Loop 289 North
South to 19th St. in Lubbock
Mr. Jim Bertram
Assistant City Manager
City of Lubbock
Lubbock Power and Light
P.O. Box 2000
Lubbock, Texas 79457
Attn: Wes Mitchell
Dear Sir:
Attached for your files is
Utility Joint Use Agreement
captioned project.
ENGINEER -DIRECTOR
R. E. STOTZER, JR.
IN REPLY REFER TO
one (1) fully executed copy of City of Lubbock's
(D-15-80A/w Resolution copy enclosed) on the above
Your assistance in this regard has been certainly appreciated.
Sincerely,
William M. Pope
District Engineer
�.
By:
Claude C. Kneisley
Right of Way Superviso
District Five
CCK/TEM/dvl
Attachment
Spate Department of Highways
r� and Public Transportation
a •f
Right of Way Division
Form ,D-15-80A
Page 1 of 2
Rev. 8-75
a
THE STATE OF TEXAS
COUNTY OF TRAVIS
Res. 2671
Dt S7-"
UTILITY JOINT USE AGREEMENT
(controlled access highway)
COUNTY Lubbock U -,0246 C/
PROJECT 1-27-7(8)30S-CSJ #0067-07-063
ACCT. N0, gooS-27-13
HIGHWAY 1-27
LIMITS: From Broadway
To 4th Street 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 rirY of lithhock (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 �_ day of -Augus - , 19 $5 , 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
line's, 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
i
' r Resolution #2671
f ti State Department of Highways
and.Public Transportation
Right of Way Division
Form D -15 -SOA
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 OWNER: CITY OF LUBBOCK, (TEXAS)
and Publ4c Transpation