HomeMy WebLinkAbout1978 24_Execute Right of Way_1978.10.03RESOLUTI'O,N
WHEREAS, it appearing reasonable and necessary for the CITY OF
OWASSO, OKLAHOMA, to execute a Right-of-1play, Public Utility and
Encroachment Agreement in connection with the construction of a public
highway known az Project Number FAP-F-521(31)(32)(33) in accordance
with the terms and tenor of 69 O.S. 1971, Section 1205 and 1206®
NOW, UMEFORE, BE IT RESOLVED by the CITY OF OWASSO, 019,AHOMA,
sitting in regular session LhuU such cc)rj4L.,,-act ju-' (--nter-cd and Llaa'L-, a
copy of same be hereto attached and made a part hereof by reference,
all as provided by law®
CITY
C iutAAYOR
Poi;ulat ion 3,491
i i I H"T -I, I', 1� _� -,iAY, F-USLIC UTILITY
AND EIJC. "OACIEEI'T AGFU_`Z,,IEIT
This Agreement, entered .4"-nro bet,,,4(:en thl-e of Owasso, Oklahoma, hereinafter- called
the City and the Department of Transilor-tation of the State of Oklahoma, hereinafter called
the Department, in connection with the location and improvement of a portion of the State
Highway System within the corporate limits oC the City, now designated as U.S. Highway No.
169 under plans and specification for Feder-al Aid Project No. F-521(*11)(32)(11)0
Witneszeth:
WHEREAS, it is mutually agreed between the par-ties that certain improvement's 'should be
made to the highway now as follows:
That the Department proposes construction d•6,.00 miles grading, draining and surfacing
on U.S. 169, from 86th Street., north®
WHEREAS _L
., legislative authorization and the rules, regulations, and policies of the
Department provide the basis of cooperation between the parties to effect such highway
NOW, THEzdTORE, the par-ties hereto agree as follows:
The City agrees.
1® To the location of said highway, acImowledges receipt of and adopt the plans for
said project as the official grade and drainage plans of the City for the
streets, boulevards, or arterial highway included therein®
2® 'Ihat prior to the advecLL3inL; of the pcoju(;L for bids (as to that part- of the
project lying within the present corporate limits) it will:
(a) Grant to the Department and its contractors, the right-of-entry to a]
streets, alleys, and other rights-of-way shown on said plans.
(b) Remove at its own expense, or cause the removal of, all encroachments on
existing streets as shown cn said plans, including all buildings, porches,
fences, gasoline pumps and islands, and any other such private
installations®
(b) Be responsible during or subsequent to construction, for any maintenance
necessary to the approved detour route or any other street as a result of
additional traffic.
(c) Be responsible for repair's or fiaintenance to any City street, during or
4 Ch
subsequent to construction, which results fran additional traffic where
construction is performed under traffic.
4. That subsequent to the construction of said project, it will:
(a) Keep all permanent o' shown on said plans free from any encroachment
and take iirmediate action to effect the removal of any encroachments upon
notification by the Department.
(b) Erect, maintain, and operate traffic control signals, including speed limit and
traffic control signs, only in accordance with 47 OS 1971. Sections 15-104,
1�-105, and 15-106, and subject to the approval, direction and control of the
Department.
(c) Regulate and control traffic on said project, including but not limited to, the
speed of vehicles, parking, stopping, and turns, in accordance with 47 OS 1971,
and to make no changes in the provisions thereof without the approval of the
Department.
(d) Maintain all that part of said project within the corporate limits of the
City.
5. r.hat all covenants of this Agreement shall apply to any area hereinafter annexed W
the City which lies within the limits of this project.
6. That it will, by resolution, duly authorize the execution of this Agreement by the
proper officials., and attach copies of such resolution to this Agreement.
7. That the participation in the cost between the undersigned parties for all necessary
utilities relocation shall be as follows:
(a) The City and the Department shall equally share the cost of removal or
relocation of any utility lines located on private owned right-of-way necessary
to accommodate the construction of said project, whether publicly or privately
owned, including all pipelines, water lines, telephone lines, power lines,
sewer lines, fire hydrants, light poles, and any other such service
installation.
(b) The City is responsible for the removal and/or necessary relocation of any
public or privately owned utility, lines on public right-of-way. Any monetary
expenditures necessary to accomplish such removal and/or relocation of such
utility lines shall be borne entirely by the City. The City shall further
agree to protect the State for any liability resulting from such construction.
Actual utilities costs shall be paid promptly upon receipt of the Department's
statement as the amounts became known.
IN CONSIDERATION of the grants and covenants by the City herein contained and the
IN t SINES `�� L � 'rd0 �1:�'J� ;:und :- ',,c.l:;, tme City Oi's %l'ie �
day of 19n—
v.
CITY OF OWASSO , OKLAHOMA
13y:
MAYOR
STATL OF OKLAHOMA
DEPARTMO-IT OF TRANSPORTATION
BY:
DIRECTOR