Eligibility for reimbursement of utility adjustment costs must be clearly identified. The District may seek pre-approval of the eligibility ratio from ROW Division and continue processing the utility agreement assembly for approval. Eligibility issues must be resolved before District approval of the utility agreement assembly.

Scenarios of eligibility, including eligibility ratios, are available in PDF format. The eligibility ratios found on these scenarios are based primarily upon proportional property rights as measured along the centerline of the existing utility facility. When the conflict lies solely within the joint use/acquisition of the utility’s property, the eligibility ratio is 100%. are available in PDF format. Each example scenario shows the appropriate eligibility ratio.

For example, if it is assumed that the total width of the proposed highway right of way is 300-feet, and 100-feet of the utility’s existing facility is presently located on

highway right of way

by statutory right, and 200 feet is presently occupying

utility right of way

(or utility easement), then TxDOT will participate in 66.67% (200’/300’) of the total cost of the required adjustment after deducting any credits due for betterment and salvage.

The key determining factors for eligibility ratio are:

line length for underground
pipelines, cables, or
main line pole location for power and overhead communication facilities. Guy poles, push braces, and down guys must be excluded from the ratio as these items are considered as supporting structures.

In developing the ratio, line length or number of poles is restricted to existing facilities located

within

the existing and proposed highway right of way. Existing facilities located

outside

the existing and proposed right of way limits will not be used in developing the ratio. However, the percentage established from the ratio will be applied to all applicable costs necessary for the adjustment. If multiple underground cables are located within the general location and owned by the same utility, then use the overall length of the facility to calculate the eligibility ratio. When calculating eligibility ratio, counting the length of the pipe and the cable carried within the pipe is not acceptable.

All applicable adjustment costs will be

ineligible

for TxDOT cost participation when line poles are on highway right of way by statutory right, and guy poles, push braces and/or down guys are on utility-owned right of way. However, TxDOT will participate in

right of way costs

incurred in conjunction with adjustment of the guy poles, push braces, and/or down guys. The basis for developing the ratio for underground pipelines, cables, overhead power and communication facilities is as follows:

Although line lengths for pole line adjustments are not generally used as a basis for determining an eligibility ratio, special conditions (e.g., transmission towers, railroad intersections) may warrant consideration for such handling. When these conditions exist, all factual data must be submitted to the District for determination regarding the appropriate method of handling.

When there are facilities to be removed and not replaced, the establishment of an eligibility ratio must not include these facilities. Utility adjustment charges must be prorated only on those facilities being functionally replaced. For further information see .

The State’s participation must be limited to replacement-in-kind of the utility’s property interest, including length, width, and type. The established eligibility ratio must be applied to all costs associated with the accommodation.