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RES 2013-04 Adopted TIFSCDOT R/W Form 807 (07 -08) MUNICIPAL STATE HIGHWAY PROJECT AGREEMENT STATE OF SOUTH CAROLINA RESOLUTION 2013 -04 COUNTY OF AIKEN ) Road /Route SC 125 - East Buena Vista Avenue /Atomic Rd. File 02.174B Item Project SU02(001) PIN 34300 WHEREAS, the South Carolina Department of Transportation ( "SCDOT ") proposes to construct, reconstruct, alter, or improve the certain segments of the highway(s) in the State Highway System referenced above which are located within the corporate limits of the City of North Augusta (hereinafter, "the City "). WHEREAS, the City wishes to authorize the construction and improvements of the aforesaid highway(s) in accordance with plans to be prepared by the SCDOT ( "the Project Plans "). NOW THEREFORE, BE IT RESOLVED that, pursuant to S.C. Code Ann. §57 -5 -820 (1991), the City does hereby consent to the construction or improvements of the aforesaid highway(s) within its corporate limits in accordance with the Project Plans. The foregoing consent shall be the sole approval necessary from the City for SCDOT to complete the project under the Project Plans and constitutes a waiver of any and all other requirements with regard to construction within the City's limits. The foregoing waiver and consent shall also extend to the benefit of utility companies engaged in relocating utility lines on account of the project. Further, the City shall exempt all existing and new right -of -way and all other properties purchased in connection with right -of -way for the highway(s) from any general or special assessment against real property for municipal services. BE IT FURTHER RESOLVED, that the City will assist SCDOT in causing all water, sewer and gas pipes, manholes, or fire hydrants, and all power or telephone lines or poles located within the existing right -of -way to be relocated at the utility company's expense, except where the utility can demonstrate a prior right of occupancy. To the extent that City -owned utilities are to be relocated, those utility lines and /or appurtenances may be replaced upon the new highway right -of -way at such locations as may be approved by SCDOT. SCDOT shall not be liable for damages to property or injuries to persons as a consequence of the placing, maintenance, or removal of any utilities by the City or its contractors. Future utility installations by the City within the limits of the new right -of -way after project completion shall be pursuant to a standard utility encroachment permit obtained in the normal course and issued pursuant to SCDOT's "A Policy for Accommodating Utilities on Highway Rights -of- Way." BE IT FURTHER RESOLVED, that the City hereby signifies its agreement to accept for maintenance purposes those sections of a highway remaining after the highway is relocated pursuant to S. C. Code Ann. 57 -5 -120 upon notification by the SCDOT of its abandonment of the highway. BE IT FURTHER RESOLVED, that the City hereby signifies its intention to faithfully observe the provisions of Chapter 5, Title 56, Code of Laws of South Carolina, 1976, and all amendments thereto relating to the regulation of traffic on the street, or streets, to be constructed, reconstructed, altered or improved as hereinabove identified and further agrees to refrain from placing or maintaining any traffic control devices upon any section of said street, or streets, without having first obtained written approval of the South Carolina Department of Transportation as required in S.C. Code §56 -5- 930 (1976, as amended), nor enacting any traffic regulation ordinance inconsistent therewith. IN WITNESS WHEREOF, this Resolution is adopted and made a part of the Municipal records this 441- day of Feb , 2013 , and the original of this Resolution will be filed with the South Carolina Department of Transportation at Columbia. Dated: ATTEST: Clerk Scanned into Alchemy Date: .2 d0 1 By i-n.base: gda,,, �� South Carolina Municipa By: Mayor (, , C 9