Franklin City Council approves joint-use, maintenance agreement with INDOT for US 31 improvements

The Franklin City Council on Jan. 6 unanimously approved a joint-use and maintenance agreement with the Indiana Department of Transportation (INDOT) covering sidewalks, trails and lighting tied to the US 31 project.

Joanna Tennell, senior planner, presented the agreement and said it covers who will own and maintain new sidewalks, trails and lighting installed as part of the project. Tennell said several revisions were requested by city staff, including a request — made by the mayor and by a person identified as Miss Gray in the packet — that INDOT notify the city any time utilities or other work would occur in the right-of-way that could affect the city’s facilities. Tennell said INDOT declined to include a notification requirement but remains responsible to repair any damage to city improvements caused by utility work or contractors.

Mayor said he was "comfortable with the agreement" despite the lack of a notification clause, calling it an "acceptable risk" because the city can require repairs if its facilities are damaged. The mayor and Tennell said they were surprised INDOT refused the notification language and described a practical workaround of seeking reimbursement or repairs from the responsible utility or contractor if damage occurred.

Tennell noted INDOT intends to put the US 31 project out to bid on Jan. 22, which was why the council was asked to act at this meeting. A motion to approve the joint-use and maintenance agreement passed with no recorded opposition.

The agreement assigns maintenance responsibilities for pedestrian and lighting infrastructure constructed as part of the US 31 improvements and clarifies that the city may require repairs if its facilities are damaged by third parties. The council did not secure a contractual obligation from INDOT to proactively notify the city before utility work in the right-of-way.