The URL can be used to link to this page

Home My WebLink AboutResolution - 1538 - Utility Joint Use Agreement - TDHPT - Underground Water Lines, FM 2641 & FM 2378 - 12/08/1983JWF:da RESOLUTION RESOLUTION 1538 - 12/8/83 WHEREAS, the City Council of the City of Lubbock finds it would be to the best interest of the public -transportation, safety and general welfare to execute a Utility Joint Use Agreement with the State Department of Highways and Public Transportation; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Utility Joint Use Agreement on behalf of said City to be entered into by and between said City and the State Department of Highways and Public Transportation of the State of Texas on Form D -15-24A of said State Department concerning underground water lines on the City of Lubbock and FM 2378 (Highway) of the State of Texas, 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 Resolu- tion as if fully copied herein in detail. Passed by the City Council this ATTEST: 8th day of December , 1983. � XL_ e --2Z, 4 ALAN ENRY, MA fF A Evelyn Ga fga, Cit S r ary-Treasurer 27 APPROVED AS TO CONTENT: I-- Z L'(� " I � -) , .- I - _'W "l Wi or D. Watson, Chief Engineer, WaterNJtilities APPROVED AS TO FORM: ►'J RESOLUTION 1538 - 12/8/83 Form D -15-24A UTILITY JOINT USE AGREEMENT (non -controlled access highway) THE STATE OF TEXAS § COUNTY Lubbock --- — ------------------------ PROJECT 29_3_3-1-_3__ COUNTY OF TRAVIS §ACCT. 10. - lerlby HIGHWAY FM 2378 _ � LIMITS: From US 84-5 _.4 p mi . Nle of Shallowater, South to Jct. of FM 2641 and FM 2378 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 , hereinafter called the Owner, proposes to retain, locate o� reTocate certain of its facilties 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 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 , 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; provided further, however, that such regulations shall not extend to the requiring of the place- ment of intended overhead lines underground or the routing of any lines outside of the area of joint usage above desribed. Furthermore, the Owner may at no time injure the highway to gain access to the facilities for any reason. Access to an underground facility shall be obtained by boring underneath the highway and at that time the present facility should be replaced by installing a new facility which is properly encased. In the event of an emergency, it being necessary for protection of the public of investment, either party hereto may necessary emergency repairs, notifying soon as is practical. evident that immediate action is and to minimize property damage and loss at their own responsibility and risk make the other party hereto of this action as UTILITY JOINT USE AGREEMENT Page 2 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. PASSED BY THE CITY COUNCIL this 8th day of December, 1983. IN WITNESS HEREOF, the parties hereto have affixed their signatures. STATE OF TEXAS State Department of Highways and Public Transportation OWNER City of Lubbock By District Engi neer ALAN HENRY Title MAYOR ------------------------------------------- ------------------- ---- -- Right of Way Engineer DEC 8 1983 Date Date TEST: EV ELI -N OA FGA-' ' CITY SECRETARY -TR` ASURER APPROYI. Djj AJS TO CONTENT: WIL�'ORD D. WATSON CHIEF ENGINEER, WATER UTILITIES APPR� - D S O �M: . LA`WORTH F TLLINGIA SSISTANT CITY ATTORNEY COMMISSION ROBERT H. DEDMAN, CHAIRMAN A. SAM WALDROP JOHN R. BUTLER, JR. STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P.O. Box 771 Lubbock, Texas 79408-0771 November 10, 1983 Utility Joint Use Agreement Lubbock County Control: 2933-1-3 Highway: FM 2378 from US 84, 5.4 mi. NW of Shallowater, South to the Jct. with FM 2641 Jim Bertram, Assistant City Manager City of Lubbock P.O. Box 2000 Lubbock, Texas 79401 ENGINEER -DIRECTOR MARK G. GOODE IN REPLY REFER TO FILE NO. Dear Si r: Enclosed are four (4) prints each of ou<mapm -15-24A, ility Joint Use Agreement, covering City of Lubbockies o e above cap- tioned project. Also, we have enclosed a County of Lubbock showing the approximate location of the subject crossing. We ar;FM c s of finalizing our right-of-way map for this sec- tion 2378 an need an executed Joint Use Agreement to complete our re . Please be informed that after the last inspection of the area it was reported that you have not yet placed water line markers at the edge of the right-of-way. However, realizing that you must be anxious to do so, we have shown them on the sketch attached to the agreement. lease have the Mayor or City Manager to our office in Lubbock, Texas, P.O. We will also need a copy of the City aut orizing the Mayor or City Manage L ock. One fully executed copy of ater for your files. sign these forms and return them Box 771, for further handling. Council meeting minutes Manager to sign in behalf of the -City of the agreement will be returned I Utility Joint Use Agreement Page 2 of 2 November 10, 1983 Your help in this matter is greatly appreciated. Yours truly, Ben Alley District Engineer By: GYJ/GAD/pjw Attachments Glenn Y. Johnson Right of Way Engineer District Five WOODROW L ■ I--------- " — i f i ;„ sAr w uwA�wn•+.an LEGEND r- � r a lEDTON Ml4RVKJA d� A9m5{VELr ±IP esnac•DD I •cv�m GENERAL HIGHWAY MAP LUBBOCK COUNTY TEXAS ..r.unm w w STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TRAN"TATIGN PLANNING DIVISION wmmnur.m. wr. n! U.S. DEPARTMENT OF TRANSPORTATION FEDERAL NIGmAr AmmsTRAT IoN w h 1978 ImCMADl,- wanwn Ierum ro maul.asp wv LUB80C COUNTY .n=•3 152