2005-031-RES JOINT USE AGREEMENT WITH THE TEXAS DEPT OF TRANSPORTATION RELATED TO THE 20TH
RESOLUTION NO. 2005-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF
A JOINT USE AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION (TxDOT) RELATED TO THE 20TH STREET N.E. AND
PINE BLUFF LEFT TURN LANE PROJECT; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Texas Department of Transportation in conjunction with the City of Paris
has designated for completion a project for improvements to 20th Street N,E, and Pine Bluff, the
same consisting of a left turn lane project, within the City Limits of the City of Paris; and,
WHEREAS, TxDOT has proposed a Joint Use Agreement related to the aforesaid project
for approval by the City Council of the City of Paris; and,
WHEREAS, the City Council desires to enter into said Joint Use Agreement with TxDOT
in furtherance of the completion of said project; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved,
Section 2. That a Joint Use Agreement by and between the City of Paris and the Texas
Department ofTransportation (TxDOT) related to the 20'h Street N.E. and Pine Bluff Left Turn Lane
Project, said Joint Use Agreement being attached hereto as Exhibit A and for all purposes
incorporated herein, is hereby in all things approved, and the Mayor is hereby authorized to execute
and the City Clerk to attest to said Joint Use Agreement.
Section 3. That this resolution shall be effective from and after its date of passage,
PASSED AND APPROVED this 14th day ofFebruary, 2005,
ATTEST:
. SchenK, City Attorney
Texas Department of Transportation
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Joint Use Agreement
(Non-Controlled Access Highway)
THE STATE OF TEXAS
COUNTY OF LAMAR
County:
C-S:
Highway:
Project:
Lamar
0730-02
FM 195
Turn lane at Pine Bluff and 20" St NE
(FM 195)
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: to
wit the construction and continued operation of dedicated turn lanes along FM 195 at Pine Bluff Street, thereby
widening the existing pavement onto property which is owned solely by the City of Paris, including the construction
and continued operation ofa traffic signal (including the signal controller and required accessory items) at this
intersection; and
WHEREAS, the City of Paris. herein after called the Owner, proposes to 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 and
sketches attached hereto;
NOW THEREFORE, it is hereby mutually agreed that joint usage for both highway and Owner purposes will be
made of the area within the highway right of way limits as such area is defmed and to the extent indicated on the
aforementioned plans and sketches, Where Owner by reason of right by law has the right to alter, modify or add
facilities presently located within the area above 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 the highway, the Texas Department of Transportation shall have
the right, after receipt of such notice, to prescribe such regulation 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 ofthe placement of intended overhead lines underground or the routing of any facilities outside of
the area of joint usage above described,
In the event ofan 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 the 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 roadway
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
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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 have affixed their signatures,
Owner: The City of Paris
State: Texas Department of Transportation
Curtis R, Fendley
Mayor, City of Paris
P,O, Box 9037
Paris, Texas 75461-9037
Bobby G, Littlefield, Jr" P,E,
District Engineer, TxDOT
1365 N, Main Street
Paris, Texas 75460
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