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HomeMy WebLinkAboutRES 03-146 i RESOLUTION NO. 03-146 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby authorizes the City Manager to execute Form D-15-24PR, the Utility Joint Use Agreement for the City of Beaumont Water Utilities Department on the FM 364 Major Drive Improvement Project. The agreement is attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of July, 2003. - Maytw Evelyn M. Lord - I Texas Department of Transportation Form D-15-24PR Page 1 of 2 Rev. 06/94 Utility Joint Use A mment (Non-Controlled Access Highway) Agreement No. U1-4023 THE STATE OF TEXAS County JEFFERSON Federal Pro'ect No, D R 0057 001 couNTY OF JEFFERSON csi 0786-0-064 ROW Account No. _ 9120-00-001 Highway NO. FM 164 Limits_ FROM: HUMBLE ROAD —' - eg 12� WHEREAS, the State of Texas, hereinafter called the State, acting by and through the Texas .Department of Transportation, proposes to make certain highway improvements on that section of the above indicated highway; and WHEREAS, the CITY OF BEAUMONT hereinafter called the owner, purposes to relocate certain of its facilities on, along or across, and within or over such limits of the highway right of way as indicated on the plans attached to Standard. utility Agreement as executed by owner on the _ 17 day of OCTOBER 1-98 200; or on location sketches attached hereto except as provided below; NOW TSERE!'ORE, it is hereby mutually agreed that joint use for both highway and utility purposes will be made of the area within the 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 within the area described above of an easement or fee title or otherwise under the law has the right to alter, modify or add to facilities presently located within the area 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; 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. 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 this agreement 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. EXHIBIT "A" Texas Department of Transportation Form 0-15-24PR Page 2 of 2 Rev. 06/94 This Agreement is executed by Owner subject to the specific condition that Owner is not relinquishing any of its prior rights which are referred to on the attached Affidavit (TxDOT Form D-15-U1) concerning this project and with the understanding that, insofar as the State is affected, such prior rights are valid at the new location as indicated on the aforementioned plans or sketches insofar only as such new location is within the limits of the project referred to hereinabove. 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 WHEREOF, the parties hereto have affixed their signatures. Owner CITY OF BEAUMONT EXECUTION RECOMMENDED By: District Engineer,Texas Department of Transportation Title: CITY MANAGER Date: 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. By: Director of Right of Way Texas Department of Transportation Date: