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Home My WebLink AboutRES 081115-E - MUA W/TxDot University AveRESOLUTION N• w 1115— 9 i i i� i • ' •i� i i !I GEORGETOWN,a AUTHORIZING ♦(MUA) WITH THE TEXAS DEPARTMENT • '( TRANSPORTATION (D•CONCERNING CONSTRUCTION OF • SIDEWALK AVENUE OF WAY BETWEEN INTERSTATE ♦ ,: HART STREET AND CONFIRMING •; MAINTAIN THE SIDEWALK ! COMPLY WITH THE TERMS OF • i ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on October 1, 2012, the City was awarded a Community Development Block Grant (CDBG) for the construction and maintenance of sidewalks within the City of Georgetown; and WHEREAS, the City has identified the south side of University Avenue betwe Interstate 35 and Hart Street as an area in .• of a sidewalk; II' • ! • • ! • �►i' • WHEREAS, the attached Multiple Use Agreement sets out the terms by whic TxDOT will authorizeto construct a public sidewalk rightof between NOW, • BE i i BY • OF CITY OF • iTEXAS,THAT: resolutionSECTION 1. The facts and recitations contained in the preamble of th `•y found and declared to be true and correct,and are incorporate consistentby reference herein and expressly made a part hereof, as if copied verbatim. The Ci Council further finds that the adoption of this resolution is not in conflict and • !'Policies. SECTION • of of ' • • ` !wn finds it to be herebybest interest of the citizens of Georgetown to enter into the Multiple Use Agreement attached hereto as Exhibit ""A"' made a part hereof and the City has no objection thereto. The City confirms its intent to maintain the subjectsidewalk. SECTION 3. The Mayor is herby authorized to sign this Resolution and the City *ecretary to attest thereto on behalf of the City of Georgetown. .•a INOOKIM "RjMqMWQ 1 0 •� � � I � � i 1111ii �� 111 tiii�� i �ji�i --a E. Brettfe Dale Ross Secretary Mayor City Attorney Resolution Number: . 0 8 11115- F Page 2 of 2 lescription: Authorizing Multiple Use Agreement w/TxDOT for University Ave. Sidewalk Date Approved- 11&LAgg Form 2044 (Rev. 03/2015) Page 1 of 9 m04- u�rc�r W hmicpwL t7on Form 2044 (Rev. 06/2015) (GSD -EPC) Page 1 of 9 THIS AGREEMENT made by the State of Texas by and between the Texas Department of Transportation, hereinafter referred to as "State", party of the first part, and hereinafter called party of the second, part, is to become effective when fully executed by both parties. WITNESSETH WHEREAS, on the clay of , , the governing body for the , entered into Resolution/Ordinance No. , hereinafter identified by reference, authorizing the is participation in this agreement with the State, and WHEREAS, the has ;requested the State to permit the construction, maintenance and operation of a public on the highway right of way, (General description of area including either the control number or CAPS coordinates.) shown graphically by the preliminary conceptual site plan in Exhibit "A" and being more specifically described by metes and bounds of Exhibit "B" which are attached and made a part hereof; and WHEREAS, the State has indicated its willingness to approve the establishment of such facilities and other uses conditioned that the will enter into agreements with the state for the purpose of determining the respective responsibilities of the and the State with reference thereto, and conditioned that such uses are in the public interest and will not damage the highway facilities, impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as determined from engineering and traffic investigations conducted by the state. Form 2044 (Rev. 03/2015) Page 2 of 9 111114 J, 11:01 NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: IM 111 1! IIIIIIM ii HIMIT111 � �� I ; I # Form 2044 (Rev. 0312015) Page 3 of 9 required for proper use •; the area will •e prohibited. All signs shall be approved by the State prior to the actual erection. # # ## # # w w ----------- B. Audit Repoi-L If jees ar& c ollected by the for the use of the facility under th 2greement, the will provideAhe State an annual audit report detailing the fe collected for the use of the facility and the�costs associated with constructing, maintaining, a en #,perating the facility within the same p jod. If the report shows more fees collected th z�xpenses for the construction, operation, or maintenance of the facility the must provide a multiple year plan detaili4 ow the additional revenue will be used construction, operation, • maintenance • the facility. 111:40 IT, I I Z ra I Form 2044 (Rev. 03/2015) Page 4 of 9 This provision is expressly made subject to the rights herein granted to both parties to terminate this agreement upon written notice, and upon the exercise of any such right by either party, all obligations herein to make improvements to said facility shall immediately cease and terminate and shall be responsible for the facility's timely removal at no cost to the State. If the State determines that has failed to timely remove the facility, it will perform the necessary work and charge the actual cost of the work. Ell riil 15:1111 Iii Ii 1 1 ill! ii O -A 0 th State. 0 e lliiLor.]mlli6,w IL;w Q is 1114 Lei a **-Iz I V I Low#] I 11. PREVIOUS AGREEMENTS It is understood that this agreement in no way modifies or supersedes the terms and provisions of any existing agreements between the parties hereto. I'll I ii — 0 , F."ta-upiplumplevaus elm, InDIDDILINUM-116-im" Form 2044 (Rev. 03/2015) Page 5 of 9 Form 2044 (Rev. 03/2015) Page 6 of 9 It is understood that the State by execution of this agreement does not impair or relinquish the State's right to use such land for highway purposes when it is required for the construction or re-construcfion of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be construed as abandonment by the State of such land acquired for highway purposes, and the State does not purport to grant any interest in the land described herein but merely consents to such use to the extent its • and title permits. The State asserts only that it has sufficient title for highway purposes. The shall be responsible for obtaining such additional consent, permits or agreement as may be necessary due to this agreement. This includes, but is not limited to, appropriate permits and clearances for environmental, ADA and public utilities. If the Facility is located on� the Federal -Aid Mighway S additional requirements as sefforth in theFederal Highw4y Regulations, § 710, sh�ll be attaclhed to and become a�oart 17. CIVIL RIGHTS ASSURANCES I M61, 111180 11"We Offiffliffillome mill gTrice 01 Irle OU(Jetal of Transportation - E may be amended. T 11MWANGSTMANZENNI .1 0 1 # # # '1111#0111111116 1 wig # - # Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by a written amendment executed by both parties hereto. Form 2044 (Rev. 03/2015) Page 7 of 9 In case one or more of the provisions contained in this agreement shall for any reason be held invalid, 1legal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this agreement. The State may conduct an audit or investigation of any aspect of this agreement. The must provide the State with access to any information the State considers relevant to the investigation or audit. The audit can include, but is not limited to, any contract for construction or maintenance of any facility or structure authorized by this agreement or any contract to provide a service to the & that service is authorized by this aareement. 'ate] IM Le LZJNNK�l LaVrAl Big teml I S. 0111WOMMIT111 All notices required under this agreement shall be mailed or hand delivered to the following respective addresses: STATE (Name of other party) (Mailing Address) (Mailing Address) Texas Department of Transportation Maintenance Division 125 East 11 th Street Austin, Texas 78701-2483 V*� 0 1 JTJ 1 :1 WA ZAA'j JTJ I ------------ Form 2044 (Rev. 03/2015) Page 8 of 9 24. WARRANTS !Dj behalf of the party represented. List of Attached Exhibits: =xhibit A - General Layout Exhibit B - Metes and Bounds Description • C - Approved Construction Plans Exhibit D - Certificate of Insurance (TxDOT Form 1560) Exhibit E - Attachment ♦ (FHWA Additional Requirements) IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the on the day of 20-, and the State on the day of '20-. STATE OF TEXAS (Name of other party) Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out By: the orders, and established policies or work programs heretofore approved and authorized by the Texas Transportation Title Commission. Printed Name By: Director, Maintenance Division Date Printed Name Contact Name & Office Date Telephone: RECOMMENDED APPROVAL: Printed Name Date rMA 71 318& A- L '. 0 Form 2044 (Rev. 03/2015) Page 9of9 Fit 111 IFI -1101 0 1 Ji 1;4,kl k LT -11 Inasmuch as this project is on the Federal -Aid highway system, the following additional requirements as applicable with the Federal Highway Administration's Title 23, Code of Federal Regulations, § 710. 1. Any significant revision in the design or construction of the facility shall receive prior approval by the Texas Department of Transportation subject to concurrency by the FHWA. 2. Any change in the authorized use of airspace shall receive prior approval by the Texas Department of Transportation subject to concurrence by the FHWA. 3. The airspace shall not be transferred, assigned or conveyed to another party without prior Texas Department of Transportation approval subject to concurrence by the FHWA. 4. This agreement will be revocable in the event that the airspace facility ceases to be used or is abandoned. EXHIBIT E