Res 2003-189 - Laserfiche WebLink

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Texas Department of Transportation Form D-Ih-24A ' Page I of 2Rev, 12/91 26. Utility Joint Use Agreement (Non-Controlled Access Highway) Agreement No. THE STATE OF TEXAS COUNTY OF Hays County Hays Federal Project No. CSJ No 337%01-009 ROW Account No. 8014-2-24 Highway No. FM 3407 Limits From 1500' southeast of Fm 2439 To 1H 35 WHEREAS, the Stale of Texas, hereinafter called the State, acting by and through the Texas Department of Transportation, proposes to make certain highway improvements on thru section of the above-indicated highway; and WHEREAS, the City of San Marcos ., herein-after 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 Standard Utility Agreement as executed by Owner on the day of ,20 , or on location sketches attached hereto except as provided hereinbelow; 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 otherwise 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 Departmem 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 a]termion, modification or new construction will injure the highway or endanger the traveling public using said highway, the Texas Department of Transportation shall have the right, after receipt of such notice, to prescribe such regulations as necessary for the protection of the highway £aciliw and the traveling public using said highway; provided further, however, that such regulations shall no~ 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 part>, 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 utility facilities required by highway construction shah be in accordance with and to the extent possible under applicable laws of the Stale of Texas. Except as expressly provided herein, (1) the Owner's rights of access to the through-n-affic roadways and/or ramps shall be subject to the same rules and regulations as apply to the general public, and (2) the Owner and the Slate, by execution of this agreement, do not waive or relinquish any right which they may have under the law or Constitution. State or Federal.