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2008-073-RES approving and authorizing the execution of a joint use agreement between the State of Texas, actiong by and through the Texas Department of Transportation and the City of Paris for he Trail de Paris overpass project;RESOLUTION NO. 2008-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVI111G AND AUTHORIZING THE EXECUTION OF A JOINT USE AGREEMENT BETWEEN THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION AND THE CITY OF PARIS FOR THE TRAIL DE PARIS OVERPASS PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBjECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris owns the Trail de Paris, a multi-use all-season asphalt pavement trail which begins at 12th Street SE and extends to US 271, and which it desires to extend eastward by constructing a pedestrian overpass on US 271 south to a location where Old Clarksville Road crosses the abandoned railroad; and, WHEREAS, joint usage for both highway and Trail de Paris project purposes will be made of the area within the overpass limits as such area is defined and to the extent indicated on the plans for said project as set out in the Joint Use Agreement attached hereto as Exhibit "A", and should in all things be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the form of the Joint Use Agreement with the State of Texas, acting by and through the Texas Department of Transportation, attached hereto as Exhibit A, for the joint usage for both highway and Trail de Paris project purposes in the area within the overpass limits be, and the same is hereby, approved. Section 3. That the City Manager be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Joint Use Agreement with the State of Texas upon the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 8th day of September, 2008. sse Ja s Freelen, Mayor ATTEST: Nicki Brown, Deputy City Clerk APPROVED AS TO FORM: W. Kent McIlyar, ' Attorney Joint Use Agreement THE STATE OF TEXAS COUNTY OF LAMAR County: Lamar Highway: US 271 Project: Trail de Paris Overpass WHEREAS, the State of Texas, hereinafter called the State, acting by and through the Texas Department of Transportation, maintains National Highway System (NHS) route US 271 and is responsible for ensuring that this route continues to be maintained for the safe, effective and efficient movement of people and goods; and WHEREAS, the City of Paris, herein after called the Owner, owns the Trail de Paris, a multi-use all-season asphalt pavement trail which begins at 12`h Street SE and extends to US 271, and which it desires to extend eastward by constructing a pedestrian overpass of US 271 in accordance with the plans attached hereto. NOW THEREFORE, it is hereby mutually agreed that joint usage for both highway and Trail de Paris project purposes will be made of the area within the overpass limits as such area is defined and to the extent indicated on the aforementioned plans. Where Owner by reason of right by law has the right to construct'facilities located within the area above described, 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 agees 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 to prescribe such regulation as necessary for the protection of the highway facility and the traveling public using said highway. Additionally, the Owner will ensure that the attached Facility Restrictions are continually maintained. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize properly damage and loss of investment, the Owner at their own responsibility and risk will make necessary emergency repairs, notifying the State 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. 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 Kevin Carruth City Manager, City of Paris P.O. Box 9037 Paris, Texas 75461-9037 Date Bobby G. Littlefield, Jr., P.E. District Engineer, TacDOT 1365 N. Main Street Paris, Texas 75460 Date EXHIBfTA Facilitv Restrictions Attachment 1. The City of Paris (Owner) will be responsible for hiring a qualified inspector who will perform a BRINSAP (structural capacity using Federal Highway Administration (FHWA) inspection methodologies) inspection of all pedestrian facilities crossing over state-maintained routes, at no greater than 24 month intervals. This inspection methodology and interval citation is in accordance with applicable federal statute. 2. The Owner will provide the Texas Department of Transportation (State) with a copy of the inspection report no later than 30 days following the completion of the inspection. 3. The State will review the inspection report and must concur with the structural capacity findings for them to become record. 4. The State will be solely responsible for determining and posting the under structure clearance. 5. Should the State be required to get a permitted northbound over-sized load through this Trail de Paris overpass area, then the Owner's Police Department will handle traffic control, without charge to the State, if contra-flow on the southbound lanes is required. 6. If a non-permitted oversized load using US 271 strikes the pedestrian overpass, the Owner will save TxDOT harmless (unless it is a State-owned vehicle that does this). 7. The only signs which may be displayed from the bridge are clearance signs, and these will be fabricated and posted by the State. This is in accordance with state law.