Any distribution undertaking which has installations which must remain or be within the motorway priority shall submit a user agreement attached to the executed utility. To ensure that the installation of the distribution undertaking complies with the UAR, it is necessary to submit a number of plans or location sketches with the agreement. 43TAC, section 21.52, provides that use and occupancy agreement forms are required for utility companies that are installed, adapted, moved or maintained within the highway. Partition is based on the execution of an agreement defining the rights and obligations of both parties with regard to the occupation, maintenance, access and notification of changes by one of the parties in their organs. For this to happen, TxDOT: The agreement must be executed by the TxDOT District Engineer or Designee. Any revision or modification of a utility sharing agreement form must be approved by the FHWA, the General Council Division and the ROW Division. Any revision or modification of a sharing contract form after performance by one of the parties cancels it and, in this case, a new form must be executed by all parties. TxDOT must also enforce this agreement when an LPA acquires a transportation right for a public transportation project. TxDOT`s preference is that all adjustments involving simple royalty shares held by the distribution company, less oil, gas and sulphur, be acquired as part of the acquisition of the motorway right in accordance with clause 21.36 of 43TAC, while allowing utilities to retain an easement. The appropriate mode of use and occupancy is determined by whether or not the distribution undertaking is owned. If there is a property interest, use the FORM ROW-U-JUA Utility Joint Use Agreement.
If there is no ownership interest, use the Form 1082 utility installation requirement. When a distribution company transfers its existing holdings under the TxDOT right of way, Form 1082 Utility Installation Request should be executed for the new installation. If the former easement or servitude is not abandoned by quitclaim or acquisition, the ROW-U-JUA Utility Joint Use Agreement should be executed in order to document the existence of the easement on the TxDOT navigation right. A ROW-U-AGMNTCheck Utility Accommodation / Adjustment Checklist form is available to ensure that all aspects of a common utility agreement have been considered. However, if a common utility agreement is attached to the standard use agreement, a separate checklist is not required. . . .