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Section 5: Requirements for LPA

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Authority

TxDOT is required, by law, to reimburse LPAs for their share of right of way costs authorized and requested by TxDOT. TxDOT and the LPA designate the responsibility of each party through the use of an Agreement for Right of Way Procurement. The terms and conditions regarding the adjustment of utilities are stated on the agreement.

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Procedure

When the LPA is the responsible agency and TxDOT participates, TxDOT will be responsible for oversight of the LPA within applicable Federal and State policies.

The LPA must provide documentation required assuring TxDOT that utility adjustment agreements are executed according to policy.

The District review of proposed adjustments by the LPA is necessary to determine eligibility, compliance, and a monetary cap to be encumbered for reimbursement to the LPA for their expenditures, if eligible.

The terms under the agreement prohibit TxDOT reimbursement for any adjustment where the utility facility is on publicly owned right of way by statutory right. Owners of these facilities should be given the option of either relocating on the new highway right of way (by Form 1082, Utility Installation Request) or relocating outside the new right of way limits.

When an LPA exercises the SUP, the appropriate contractual agreement form should be executed by TxDOT and the LPA, depending upon either of these two conditions:

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  • If a previous contractual agreement for right of way procurement was executed, use a Supplemental Agreement for Right of Way Procurement.
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  • If no previous contractual agreement for right of way procurement was executed, use an Agreement to Contribute Funds.

Under the SUP, the Standard Utility Agreement will also be executed for each individual utility.

A copy of the letter of initial notice sent to the utility at the preliminary coordination stage must be sent to the affected LPA for their use.

When the SUP is not exercised, it will be the LPA’s responsibility to authorize the utility to make adjustments and to notify the utility of the LPA’s intent to reimburse. The LPA should follow the same steps followed by TxDOT and should make sure that any adjustments conform to the UAR.

When the project is an Off-System Project, and will not be maintained, operated, or regulated by the State, the LPA must sign and submit a Form U-UAD, Utility Accommodation Declaration, to the District Engineer for approval.

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