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CONTRACT NO. K-1314-44: A RIGHT-OF-WAY, PUBLIC UTILITY AND ENCROACHMENT AGREEMENT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION (ODOT) FOR FEDERAL AID PROJECT IM-NHI-35-2(176)107, STATE JOB NO. 09031(05), FOR THE CONSTRUCTION OF THE I-35/STATE HIGHWAY NINE, AND THE I-35/LINDSEY STREET INTERCHANGES; ADOPTION OF RESOLUTION NO. R-1314-24, AND BUDGET APPROPRIATION.
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BACKGROUND:
The Oklahoma Department of Transportation (ODOT) is moving forward with a project to widen Interstate 35 (I-35) in Norman from four lanes to six lanes and to replace the existing interchanges at I-35/SH-9E and I-35/Lindsey Street. The interchange projects are ODOT funded projects using federal highway funds. The City of Norman is not participating in the funding of the roadway construction. However, the City is required to participate in the funding of the utility relocation based on Oklahoma State Statute - Title 69 O.S. ? 1205 - Acquisition Policy. The applicable section of the State Statute is stated below:
Paragraph (a): For all construction on the Interstate Highway System within the limits of municipalities having a population of five thousand (5,000) or more, federal aid funds, if available, may be used for the acquisition of rights-of-way, and shall, if available, be used to pay the cost of the removing or relocating of utility facilities located in either privately owned or public rights-of-way, and in such event the municipality in which such construction is to be performed shall furnish funds to the state necessary to match the federal funds.
According to the Statute, since this project has federal funding available for right of way acquisition and utility relocation, the City is required to participate in the cost of relocating utilities that are located in the City limits and within the existing right-of-way or within a private easement that predates the existing I-35 right-of-way.
DISCUSSION: ODOT has re...
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