1593 RES ST OF TX PROPOSES TO MAKE CERTAIN HIGHWAY IMPROVEMENTS ON LOOP 480RESOLUTION NO. 1593
WHEREAS, the State of Texas, acting by and through the Texas
Highway Department, proposes to make certain highway improvements
on Loop 480, designated Project C-221-134; and,
WHEREAS, the City of Paris wishes to cooperate with the Texas
Highway Department and does propose to retain, locate or relocate
certain of its facilities and 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 location sketch attached to Utility Joint Use
Agreement executed this 17th day of December, 1973, attached hereto
as Exhibit A; and,
WHEREA.S, in order to retain such rights, it is necessary that
said Utility Joint Use Agreement, heretofore described, be executed
by the Mayor of the City of Paris; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the Mayor of the City of Paris, F. D. Mallory, III, be,
and he is hereby authorized and directed to execute on behalf of the
City of Paris the Utility Joint Use Agreement between the State of
Texas and the City of Paris attached hereto as Exhibit A.
Passed and adopted this 17th day of December, 1973.
ory, III, Mayor
ATTEST:
,
;
H. C. reene, City Clerk
y OV:F,.~YTO FORM:
-'j
T. K. Haynes, ity ttorney
Tcx1s liighway DepartmenC
I:ight of Way Division Form D-15-24A
Page 1
UTILITY JOINT USE AGREEMENT
(non-controlled access highway)
THE STATE OF TEXAS X COUNTY LAMAR
~ PROJECT C-221-1-34
COUNTY OF TRAVIS X ACCT. N0.
HIGHWAY LOOP 480, Clarksville Street
LIrrITS : Fron► C1 arksvi 11 e
To approximatelv 100 East or
STA 44+09
WHEREAS, the State of Texas, hereinafter called the State, acting by and through
the Texas Highway Department, proposes to make certain highway improvements on
that section of the above indicated highway.
WHEREAS, the Clty Of Pdl^iS , hereinafter called the Owner,
proposes to retain, locate or relocate certain of its facilities and 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 attached to Utility
Agreement as executed by Owner on the 17th day of December , 19 73 ,
or on location sketches attached hereto except as provided 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 or
sketches. Where Owner by reason of ownership of an easement or fee title or other-
wise under law has the right to alter, modify or add to 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 Highway Department 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 Highway Department, such alteration, modification,
or new construction will injure the highway or endanger the traveling public using
said highway, the Texas Highway Department shall have the right, after the 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 herto 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 relocation or
adjustment of utility facilities required by highway construction shall be in accordance
with and to the extent possible under applicable laws of the State of Texas. Except
EXHIBIT A
'1'oxas ilit;liway llcpartment
" i:i„ht or Way Division
Form D-I5-24A
Pabe 2
ns exPressly provided herein, (1) The Owner's rights of access to the through-tcaffic
roadloays and/or ramps shall be subject to the same rules and regulations as apply to
tl~o general public, and (2) The Owner and the State, by the execution of this agree-
ment, do not waive or relinquish any right which they may have under the law or
Constitution, State or Federal.
In tlte event the Owner fails to comply with the-requirements as set out herein,
tlle State may take such action as it deems appropriate to compel compliance.
IN [JITNESS HEREOF, the parties hereto have affixed their signatures,
S TATE Or TEXAS
Texas Highway DeparCment:
pwxER: CITY OF PARIS, PARIS, TEXAS
District EnginEer
Klght of Way Engineer
Uate
By
F. D. Mallory, ITT
Title Mayor
Date December 17, 1973
ATTEST:
H. C. Greene, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
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