2004-100-RES APPROVING AND AUTHORIZING OF UTILITY JOINT USE ACKNOWLEDGEMENT
RESOLUTION NO. 2004-100
A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS,
APPROVING AND AUTHORIZING THE EXECUTION OF A UTILITY
JOINT USE ACKNOWLEDGMENT NON-REIMBURSABLE UTILITY
ADJUSTMENT BETWEEN THE CITY OF PARIS AND THE TEXAS
DEPARTMENT OF TRANSPORTATION IN CONJUNCTION WITH
THE TEXAS DEPARTMENT OF TRANSPORTATION-FUNDED
PROJECT TO WIDEN LAMAR A VENUE BETWEEN 20TH STREET
N.E. AND NORTH COLLEGIATE DRIVE; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the Texas Department of Transportation (TxDOT) has undertaken a
project to widen Lamar Avenue between 20th Street N.E. and North Collegiate Drive; and,
WHEREAS, the City Council of the City of Paris did heretofore on the 8th day of
September, 2003, in Resolution No. 2003-149 acknowledge its wholehearted support of the
TxDOT-funded project to widen Lamar Avenue between 20th Street N.E. and North
Collegiate Drive; and,
WHEREAS, the City of Paris will be replacing existing water and sewer lines in the
Lamar A venue right-of-way as a part of said street widening project; and,
WHEREAS, in order to assure that joint usage for both highway and utility purposes
will be made of the area within the highway right-of-way limits TxDOT requires that the
City of Paris approve and execute the Utility Joint Use Acknowledgment Non-Reimbursable
Utility Adjustment in the form attached hereto as Exhibit A, and the same should be
approved; and,
WHEREAS, the form of the Utility Joint Use Acknowledgment Non-Reimbursable
Utility Adjustment attached hereto as Exhibit A, should in all things be approved, and the
City Manager should be authorized to execute the same; 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 of this resolution are hereby in
all things approved.
Section 2. That the Utility Joint Use Acknowledgment Non-Reimbursable Utility
Adjustment in the form attached hereto as Exhibit A, to assure that joint usage for both
highway and utility purposes will be made of the area within the highway right-of-way limits
for the Texas Department of Transportation-funded project to widen Lamar A venue between
20th Street N.E. and North Collegiate Drive is hereby in all things approved.
Section 2. That the City Manager of the City of Paris be, and he is hereby
authorized and directed to execute, on behalf of the City of Paris, the Utility Joint Use
Acknowledgment Non-Reimbursable Utility Adjustment attached hereto as Exhibit A.
Section 3. That this resolution shall be effective from and after the date of passage.
PASSED AND APPROVED this 14th day of June, 2004.
ATTEST:
~~
Slierian Dixon, Assistant City Clerk
APPROVED AS TO FORM:
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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
Form ROW-U-JUAB
Rev. 3/2004
Page 2 of 2
Except as provided herein, Utility and the State, by execution of this Acknowledgement, do not waive or
relinquish any right which they may have under the law.
Utility will, by written notice, advise the State of the beginning and completion dates of the adjustment,
removal, or relocation, and, thereafter, agrees to perform such work diligently, and to conclude said
adjustment, removal, or relocation by the stated completion date.
It is expressly understood that Utility conducts the adjustment, removal, and/or relocation at its own risk,
and that Utility agrees to indemnify and hold the State harmless for damage to existing facilities caused by
Utility's conduct. Utility additionally agrees to indemnify and hold the State harmless for any injuries or
damages resulting from Utility's or its agent's failure to install the facility as shown on the aforementioned
plans or to properly maintain its facilities.
The State Auditor may conduct an audit or investigation of any entity receiving funds from the State directly under
this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this
contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State
Auditor, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection
with those funds.
In the event Utility fails to comply with the requirements as set out herein, the State may take such action as it
deems appropriate to compel compliance.
The signatories to this Acknowledgement warrant that each has the authority to enter into this Acknowledgement
on behalf of the party represented.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures.
Utility:
EXECUTION RECOMMENDED:
Utility Name
By:
Authorized Signature
Right of Way Administrator, Paris District
Title:
THE STATE OF TEXAS
Date:
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:
District Engineer, TxDOT
Date: