2004-100-RES APPROVING AND AUTHORIZING OF UTILITY JOINT USE ACKNOWLEDGEMENT

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~ ~'_n --. ,,-.... Form ROW-U-JUAB Rev. 3/2004 Replaces Forms 0-15-43 and 0-15-44 GSD-EPC Page 1 of 2 UTILITY JOINT USE ACKNOWLEDGEMENT NON-REIMBURSABLE UTILITY ADJUSTMENT District: Paris Federal Project No.: ROW CSJ: 0045-09-082 Projected Highway Letting Date: August 2004 U-Number: U-10148 County: Lamar Highway: US 82 From: FM 195 To: Collegiate Drive WHEREAS, the State of Texas ("State"), acting by and through the Texas Department of Transportation ("TxDOT"), proposes to make certain highway improvements on that section of the above-indicated highway; and WHEREAS, the CITY OF PARIS WATER AND SEWER, ("Utility"), proposes to retain, locate, or relocate, if applicable, certain of its facilities along or across, and within or over such limits of the highway right of way as indicated on the plans attached hereto except as provided herein 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. If the facilities shown in the aforementioned plans need to be altered or modified or new facilities constructed, Utility agrees to notify TxDOT at least 30 days prior thereto, and to furnish necessary plans showing location, type of construction and methods to be used for protection of traffic. If, in the opinion of TxDOT, such alteration, modification or new construction is in conflict with the current highway or planned future highway improvements could endanger the traveling public using said highway, TxDOT 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. Such regulations shall not extend, however, to requiring the placement of intended overhead lines underground or the routing of any lines outside of the area of joint usage above described. It Utility's facilities are located along a controlled access highway, Utility understands and agrees that ingress and egress for servicing the installation will be limited to frontage roads where provided, (b) nearby or adjacent public roads or streets, or (c) trails along or near the highway right of way lines, connecting only to an intersecting road; from anyone or all of which entry may be made to the outer portion of the highway right of way for normal service and maintenance operations. The Utility's rights of access to the through-traffic roadways and ramps shall be subject to the same rules and regulations as apply to the general public except, however, if an emergency situation occurs and usual means of access for normal service operations will not permit the immediate action required by Utility in making emergency repairs as required for the safety and welfare of the public, Utility shall have a temporary right of access to and from the through-traffic roadways and ramps as necessary to accomplish the required emergency repairs, provided that TxDOT is immediately notified by Utility when such repairs are initiated and adequate provision is made by Utility for convenience and safety of highway traffic. If Utility's facilities are located along a non-controlled access highway, the Utility's rights of access to the through-traffic roadways and/or ramps are subject to the same rules and regulations as apply to the general public. By executing this Acknowledgement, TxDOT does not purport to grant any right, claim, title, or easement in or upon this highway. TxDOT, pursuant to state law, may require the Utility to relocate this facility by giving Utility thirty (30) days written notice. All work on the highway right of way shall be performed in accordance with TxDOT instructions. Subsequent installations shall not damage any part of the highway and adequate provisions must be made to cause minimum inconvenience to traffic and adjacent property owners. EXHIBIT L