Ordinance No. 3,98641 —
025 2
3
x'w�aP�
v ORDINANCE NO. 3986
y < Ai+l O AND DilFtECT1NG THE CITY MANAGER
ITS OIE94 AND THE CITY CLERK TO ATTEST TO AN AGREEMENT
k THE STATE DEPARTMMT OF HIGHWAYS AND PUBLIC
TATION wim REGARD TO Tw JOINT USE OF HO WAY
SAY FOR UTILITY PURIKMESS
AND PROVIDING, FOR THE
,FFEC791fir DATE HEREOF.
t
8E 1T [3RDAiHED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN„
} Section 1: That the City Council of the City of Baytown, Texas, hereby
�p roves an reement with the State Department of Highways and Public
F� s
A ' ` Tr`anaportat:on and .authorizes the City Manager and City Clerk of the City of
a
3 88ytown bo execute and attest to said agreement with regard to the joint use of
highway right of way for utility purposes. A copy of said agreement is attached
hereto, marked Exhibit "A ", and made a part hereof for all intents and purposes.
Section 3: This ordinance shall take effect immediately from and after its
passage by the City Council of the City of Baytown.
® ,�{ INTRODUCED, READ and PASSED by the affirmative vote of the City
v Council of the City of Baytown, this the 25th day of October, 1984.
, CANNON, Mayw
n
. ;4 �.Stste Departmene of;Higbvaye 41025 -2a
WHEREAS, the State of Texas, hereinafter called the State, acting by and through
the State Department of *Rio ways and Publiz -transportation, proposes to make certain
highway improvements on that section of the above indicated highway.
WHEREAS, the City of Baytown , heceinafter called the Weser,
w` proposes to retaia,` 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 Weser on the day of , 19 , 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 otherwise under law has the right to alter, modify or add to facilities
presently located within the area above described or construct additional facil-
ities 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 State Department of Highways and Public
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 State Department of Highways and Public Transportation,
such alteration, modification, or new construction will injure the highway or
endanger the traveling public using said highway, the State Department of Highways
and Public Transportation shall have the righi, within 30 days 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.
LJ
OWNER hereby agrees that access for servicing its facilities normally 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 any one or all o= which
entry may be made to the outer portion of the highway right of way. Where supports,
manholes, or other appurtenances of the owner's facilities are located in medians
or interchange areas, access to them from the through- traffic roadways or ramps
n
r
J
ru
State Department of Highways
and Public Transportation
Right of Way Division
Form D-15 -BOA
_ Page 2 of 2
Rev. B -75
will be permitted but only by permits• 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 permit t'ne 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 road-
ways and ramp as necessary to accomplish the required emergency repairs.
f` Participation in actual costs incurred by tLe 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 as expressly provided herein, (1) The Owner's rights of access to
the through - traffic 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 State, by
the 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 HEREOF, the parties hereto have affixed their signatures.
STATE OF TEXAS
State Department of Highways
and Public Transportation
District Engineer
Right of Way Engineer
Date
OWNER: City of Baytown
By
Fritz Lanham
Title City Manager
Date
El
C