Since TxDOT’s Standard Utility Agreement and other utility agreements are binding contracts between the utility and TxDOT, it is necessary that authorized representatives execute the agreements. These representatives of the utility must have been granted such authority under charter or by‑law provisions, a resolution, and/or governing documents of the utility company. The grant of signature authority by the utility ensures that the person signing on behalf of the utility has authority to bind the utility to the terms and conditions of the agreements and documents. Use form when obtaining signature authority from the utility company.

Utility companies may also grant signature authority to the authorized person who serves in a specific position at the utility company, rather than naming a particular individual. When a utility company authorizes a certain position of the utility company rather than naming an individual, regardless of who the person is who holds that position at the utility company, that position will continue to have authority to execute documents as an authorized representative of the utility company. Any changes in staffing at the utility company are resolved when the utility company names a position rather than an individual. This allows the signature authority granted by the utility company to remain valid despite the individual person who holds the position.

It is helpful to ask the utility company for a “blanket” authorization that grants signature authority to a specific individual, or a specific position, at the utility company to execute agreements and documents on all highway adjustment work included in the utility’s system. This blanket authorization should be furnished in writing so that it may be maintained in the permanent files of the ROW Program Office, filed with each applicable TxDOT project file, and attached to the form

ROW-U-40 Signature Authority

. When obtaining a “blanket” authorization from the utility company, any resolutions, ordinances, by‑laws, etc. should be clearly worded to provide general signature authority on all utility adjustment work of the utility, rather than granting signature authorization for the execution of a single, specific agreement.