Res 1992-123 - Laserfiche WebLink

Home Browse Search

- -. 75F . - Texas Department of Transportation Form D-15-80A Page 1 of 2 Rev. 12/91 Utility Joint Use Agreement (Controlled Access Highway) Agreement No. THE STATE 0 F TEXAS } County Hays J Federal Project No. 0016-03-070 COUNTY OF Hays J CSJ No. ROW Account No. 9014-5-22 Highway No. I.H. 35 Limits S.H. 123 to Carnal County Line -, WHEREAS, the State of Texas, hereinafter called the State, acting by and through the Texas Depart- ment of Transportation, proposes to make certain highway improvements on that section of the above- indicated highway; and WHEREAS, the city of San Marcos , herein- after called the Û'wner, 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 indicted on the plans attached to Standard Utility Agreement as executed by Owner on the 16 day of september , 19~, or on location sketches.attached hereto except as provided hereinbe~ow; 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 Department of Transportation príor 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'J'ransportation, such alteration, 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 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. Owner hereby agrees that access for servicing its facilities nonnally will be limited to access via: (a) frontage'roads where provided, (b) nearby or adjacent public roads and 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. Where supports, manholes or other ap- purtenances of the Owner's facilities are located in medians or interchange areas, access to them from the through-traffic roadways or ramps will be pemÜtted but only by pemÜts issued by the State to the Owner setting forth the conditions for policing and other controls to protect highway users. If an emergency situation occurs and the usual means of access for service operations as herein provided will not pennit the immediate action required by the Owner in making emergency repairs as required for the safety and welfare of the public, the Owner shall have a temporary right of access to and from the through- traffic roadways and ramp as necessary to accomplish the required emergency repairs.