| (C) a description of the construction work related
to the adjustment or relocation, including any betterment, that is
to be performed by the utility at no cost to the department;
(D) for concurrent construction inspection by the utility
during construction;
(E) that the utility is responsible for physically
connecting the installed utility facility to its existing utility
facilities to make the installed facility operational and for performing
any tests required to assure compliance with all applicable safety
standards and regulations;
(F) for final acceptance by the utility of the adjustment
or relocation after the construction work is completed; and
(G) any other provisions that the district engineer
considers to be necessary or desirable.
(5) When used in this subsection, "betterment" means
any upgrading of the utility facility being adjusted or relocated
that is not attributable to the highway construction project nor required
in order to comply with any other law, code, or ordinance, and is
made solely for the benefit and at the election of the utility.
(6) During the adjustment or relocation of a utility
facility under an agreement under this subsection, the utility remains
liable under any certificate of service. The department is not responsible
for any issue related to the design or construction of the adjustment
or relocation of the utility facility after final acceptance by the
utility of the utility facility.
(7) After completion of the construction work under
an agreement under this subsection, the utility is responsible for
any ongoing maintenance of the utility facility in compliance with
this section.
(8) If the adjustment or relocation of the utility
facility is reimbursable by the department under the requirements
of Transportation Code, §203.092, the department will reimburse
the utility for eligible expenses incurred in approving and inspecting
the construction work.
(9) All provisions of this subchapter and Subchapter
B of this chapter (relating to Utility Adjustment, Relocation, or
Removal) that apply to the design, estimates, and scope of an adjustment
or relocation apply to a project carried out under an agreement entered
into under this subsection.
|
| Source Note: The provisions of this §21.38 adopted to be effective March 17, 2005, 30 TexReg 1455; amended to be effective December 11, 2008, 33 TexReg 10064; amended to be effective November 17, 2011, 36 TexReg 7679; amended to be effective October 12, 2014, 39 TexReg 7946; amended to be effective October 12, 2022, 47 TexReg 6617 |
