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HomeMy WebLinkAboutResolution - 2410 - Utility Joint Use Agreement - TDHPT - I27 - 08/28/1986HW:js Resolution #2410 August 28, 1986 Agenda Item #26 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 Uti- lity Joint Use Agreement with the Texas Department of Highways and Public Transportation 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 _ 28th day of August , 1986. 0ek B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City APPROVED AS TO CONTENT: Tom Nivens, Right-of-way Agent Harold Willard, Assistant City Attorney 'State Department of Highways. Resolution #2409 �`-•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 COUNTY LUBBOCK PROJECT I 27-7 130305 CSJ #006707063 COUNTY OF TRAVIS ACCT. NO. 9005-27-13 HIGHWAY I-27 LIMITS: From Loop 289 (N), South To 19th 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 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 12th day of April , 19 84 , 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 (cY 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 ,r 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 OWNER: City of .Lubbock (Texas) L By _�5. __t- '..* Right of Way Engineer _ Title Mayor Date - �r Date August 28, 198- T: Ranett Boyd, ity Secretary APPROVED AS TO CONTENT: APP u� Harold Willard, Assistant City Attorney