R-04-03-11-11D2 - 3/11/2004RESOLUTION NO. R -04-03-11-11D2
WHEREAS, the Texas Turnpike Authority Division of the Texas
Department of Transportation ("TTA") proposes to design, construct, and
operate a turnpike project generally described as SH 45 from McNeil
Road to High Country Boulevard ("Project"), and
WHEREAS, the City of Round Rock proposes to relocate certain of
its facilities on, along or across, and within or over the Project
right-of-way, and
WHEREAS, the City of Round Rock. wishes to enter into a Utility
Joint Use Agreement with the TTA for the joint use of utilities in
connection with the Project, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
. That the Mayor is hereby authorized and directed to execute on
behalf of the City a Utility Joint Use Agreement with the Texas
Turnpike Authority Division of the Texas Department of Transportation
in connection with the construction of SH 45 from McNeil Road to High
Country Boulevard, a copy of said Agreement being attached hereto as
Exhibit "A" and incorporated herein for all purposes.
The City Council hereby:finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
,PFDesxtop : ODMA/WORLDOX/O.;WDOX/RESOli ^'1/R4o311D2.WPD/sc
RESOLVED this llth day of March, 2004.
NYI; MAXW , Mayor
City ound Rock, Texas
CHRISTINE R. MARTINEZ, City Secreta
Texas Turnpike Authority
Form TTA-U-80APR
Page 1 of 2 Rev. 08/02/02
Utility Joint Use Agreement
Agreement No. TTA -U - 65
THE STATE OF TEXAS
}
COUNTY OF WILLIAMSON }
County: Williamson
CSJ No.: 0683-06-011
Highway: SH 45
Limits: Mc Neil Road to High
Country Blvd.
ROW Acct No.: 0683-06-011
WHEREAS, the State of Texas, acting by and through the Texas Turnpike Authority Division of the Texas
Department of Transportation (hereinafter "State"), proposes to make certain improvements on the above -indicated
section of the above indicated project; and
WHEREAS, the City of Round Rock, hereinafter called the Owner, proposes to relocate certain of its facilities on,
along or across, and within or over such limits of the project right of way as indicated: (check one box that applies)
On the plans attached to Utility Adjustment Agreement as executed by Owner on the day
of , 20_
❑ On location sketches attached hereto except as provided herein below
NOW, THEREFORE, it is hereby mutually agreed that joint usage for both turnpike or highway and utility
purposes will be made of the area within the project 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 within the area described
above 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 State 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, such alteration,
modification or new construction will injure the project or endanger the traveling public using said turnpike or
highway, the State shall have the right, after receipt of such notice, to prescribe such limitations and/or regulations
as necessary for the protection of the project and the traveling public using said turnpike or highway; provided
further, however, that such limitations or regulations shall not require 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 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 project right of way
lines, connecting only to an intersecting road; from any one or all of which entry may be made to the outer portion
of the project 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 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
turnpike or highway users. If an emergency situation occurs and the usual means of access for service operations as
herein provided will not permit 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.
Participation in actual costs incurred by the Owner for any future adjustment, removal or relocation of utility
facilities required by project 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 execution of this agreement, do not waive or relinquish any right which they may
have under the law or Constitution, State or Federal.
88651:65569: A US TI N 201020.1
EXHIBIT
9 "An
Texas Turnpike Authority
Form TTA-U-80APR
Page 2 of 2 Rev. 08/02/02
This Agreement is executed by the Owner subject to the specific condition that the Owner is not relinquishing any
of its prior rights which are referred to on the attached Affidavit (Form TTA -U-1) concerning the above -indicated
project and with the understanding that, insofar as the State is affected, such prior rights are valid at the new
location as indicated on the aforementioned plans or sketches insofar only as such new location is within the limits
of the project referred to hereinabove; provided, however, that exercise of such prior rights by Owner shall be
subject to the requirements and restrictions set forth in this Agreement.
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.
The Owner represents and warrants that the person executing this Agreement is duly authorized to enter into this
Agreement on behalf of the Owner and to bind the Owner to the terms hereof.
This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties
hereto.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures.
Owner:
By:
Printed
Name:
Title:
Date:
Utility Name
Authorized Signature
88651 :65 5 49: A U S TI N :2 01020.1
EXECUTION RECOMMENDED:
Central Texas Turnpike Project (CTTP)
Utility Review Consultant (Company Name)
By:
Printed
Name:
Title:
Date:
Authorized Signature
Mike Williams
Utility Coordinator
The State of Texas
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:
Date:
Division Director
Texas Turnpike Authority Division
Texas Department of Transportation
Texas Turnpike Authority Division
Form TTA -U-1
Page 1 of 2 Rev. 7/12/00
County: Williamson
CSJ No.: 0683-06-011
Highway: SH 45
Limits Mc Neil Road to
High Country Blvd.
Fed Proj. No.: N/A
AFFIDAVIT
Agreement No. TTA -U- 65
THE STATE OF TEXAS )
COUNTY OF Williamson
WHEREAS, the State of Texas, acting by and through the Texas Turnpike Authority Division of
the Texas Department of Transportation, herein called the TTA, has deemed it necessary to make
certain highway improvements on Highway SH 45 in Williamson County, Texas, from Mc Neil
Road to High Country Blvd.; and,
WHEREAS, it is anticipated that the hereinabove mentioned improvements will affect the
facilities of City of Round Rock hereinafter called the Owner, at the following described
locations:
and;
WHEREAS, the TTA has requested that the Owner furnish to the TTA information relative to
interests that Owner hold in lands at each of the hereinabove referenced locations;
NOW THEREFORE, before me, the undersigned authority, this day personally appeared
, who, after being by me duly sworn, did depose and say:
That he/she is of and, as such, has knowledge of the facts contained herein, and
That, to the best of his/her knowledge, said Owner is the owner of the following described
interests in the hereinabove -indicated lands, copies of the instruments under which said Owner
claims said interests being attached hereto and made a part hereof.
Sec5U-65 AffadavitCORR.DOC
Texas Turnpike Authority Division.
Form TTA -U-1
Page 2 of 2 Rev. 7/12/00
Sworn to and subscribed before me this
Signature
Title
Company
day of , A.D. 20 .
Notary Public, State of Texas
My Commission expires:
Sec5U-65 AffadavitCORR.DOC
peoj e6eTuoid 9t7 HS
' gik•$,
/1144
-,Pr4
. _. ., . 2, ,`, -•-...., ," - ..,• • .. ,
,--
,
•
. -
DATE: March 5, 2004
SUBJECT: City Council Meeting - March 11, 2004
ITEM: 11.D.2. Consider a resolution authorizing the Mayor to execute a
Utility Joint Use Agreement with the Texas Turnpike
Authority Division of the Texas Department of Transportation
in connection with the construction of SH 45 from McNeil
Road to High Country Boulevard.
Department: Transportation Services
Staff Person: Tom Word, Chief of Public Works Operations
Justification: This agreement is made by and between the Texas Turnpike
Authority (TTA) Division of the Texas Department of
Transportation (TxDOT) and the City of Round Rock. This
agreement provides for joint usage of the TTA rights-of-way with
the City for location of applicable water and wastewater lines and
appurtenances for SH 45 from McNeil Road to High Country Blvd.
There will be no rental charge to the City for their use of the TTA
rights-of-way.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Texas Turnpike Authority Division of TxDOT
Background Information: This agreement demonstrates Round Rock's support
for and facilities the construction of the SH 45 project.
Public Comment: N/A