2000-147-RES APPROVING AND AUTHORIZING THE MAYOR TO
RESOLUTION NO. 2000-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CITY PRIDE SIGN
AGREEMENT BETWEEN THE CITY OF PARIS AND THE TEXAS
DEPARTMENT OF TRANSPORTATION (TXDOT) FOR PARTICIPATION
IN THE TXDOT CITY PRIDE PROGRAM; AUTHORIZING THE CITY
MANAGER AND THE DIRECTOR OF PUBLIC WORKS TO IMPLEMENT
THE CITY PRIDE PROGRAM WITHIN THE CITY OF PARIS; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the Texas Department of Transportation (TxDOT) has created the City Pride
Program to authorize the erection of sign poles on State rights-of-way at entrances to cities within
the state of Texas to support various signs related to the amenities and activities within said cities,
including, but not limited to, "Keep Texas Beautiful" signs, "Historical Markers In Cities" signs,
"Superior Public Drinking Water" signs, and "Clean Texas 2000" signs, and other signs as
appropriate for the respective cities; and,
WHEREAS, the City Council of the City of Paris desires to participate in said program in
order to have signs adjacent to the entrances to the city indicating the amenities, services,
organizations, and other items available within the City of Paris; and,
WHEREAS, in order to participate in said program, the City must enter into a City Pride
Sign Agreement with TxDOT; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That the Mayor is hereby authorized to execute and the City Clerk to attest to a
City Pride Sign Agreement between the City of Paris and the Texas Department of Transportation
(TxDOT), a copy of which said agreement is attached hereto and for all purposes incorporated herein,
for participation by the City of Paris in the TxDOT City Pride Program.
Section 3. That the City Manager and the Director of Public Works are hereby authorized
to undertake all actions necessary to implement the City's participation in the City Pride Program.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 9th day of October, 2000.
ATTEST:
Mattie Cunningham, City Clerk
~;;:
Stephanie H. Harris, Asst. City Attorney
~~.~~-#-
Michael 1. Pfieste, ay r
CITY PRIDE SIGN AGREEMENT
STATE OF TEXAS ~
COUNTY OF TRAVIS ~
TInS AGREEMENT, made on the dates hereinafter shown, by and between the State of Texas,
hereinafter called the "State," represented by the Executive Director of the Texas Department of
Transportation, acting for and in behalf of the Texas Transportation Commission, and the City of
Paris
, hereinafter called the "City."
WITNESSETH
WHEREAS, the State owns, operates, and maintains a system of highways for public use and
benefit, In the.City of
PariR
, ; and
WHEREAS, the City desires and has requested authority to construct or have reconstructed the
City Pride Sign along the roadway(s)
of:
. and
at the location(s) shown on construction plans, attached hereto and made part of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth.
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EXHIBIT A!
and in accordance with Title 43, Te~as Administrative Code, Chapter 2S, Subchapter H, it is agreed as
follows:
1. The State grants to the City permission to construct or to have reconstructed, the City Pride
Sign(s) within the right-of-way as sho\vn on construction plans and to be maintained by the City
as stipulated in the Municipal Maintenance Agreement with the City of
Pad" . dated October 9 ,2000
PLANS, SPECIFICATIONS AND CONSTRUCTION PROCEDURE~
2. The City, at no cost to the State, shall prepare or have prepared, complete construction drawings,
plans and specifications for the proposed City Pride Sign(s), State approved breakaway sign
supports, foundations, appurtenances, and incidental items. No construction work shall be
performed on highway right-of-way until these plans and specifications have been approved in
writing by the State. After such approval has been given, no changes or alterations shall be made
without the written approval of the State.
3. The plans and specifications shall be suiimitted to the District Engineer, Texas Department of
Transportation, (TxDOTDistrict), Texas for approval. Any changes or alterations which become
necessary during the course of the work shall also be submitted to the District Engineer for
approval.
4. TIle City, its contractor(s), or agents, shall submit a traffic control plan as required and in
accordance with the Texas Manual on Uniform Traffic Control Devices to direct and protect
vehicular and pedestrian traffic while construction work, including related activities, is in progress.
Details and descriptions of these traffic handling measures shall be included in the plans and
specifications when submitted for approval. If, during construction, it becomes necessary or
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desirable to modify the traffic control measures as specified, prior approval must be obtained from
the State's District Engineer in (TxDOT District).
5. The City shall construct, or have constructed, at its entire cost and expense, the proposed City
Pride Sign(s) and incidental items referred to in paragraph 1 and i above. The State shall have the
right to inspect the work on highway right-of-way at any time during the progress of the work, and
to make final inspection upon completion. Construction operations will be conducted in a manner .
acceptable'to the District.Engineer or their authorized representative. Thekity, its contract~r(s) or
agents, shall correct any deficiencies revealed by the State's inspection of the work or of the traffic
control and protection measures, where such deficiencies could have an adverse affect on public
use of the highway or the safety and convenience of the traveling public.
6. Upon completion of the work authorized herein, the City shall submit copies of the as-built plans
and specifications, including any changes or alterations, showing the City Pride Sign(s) in their
completed state within 45 days to the State's J;>istrict Engineer in (TxDOT District) for permanent
records of the State.
7. The City agrees to pay all damages accruing to the State, by reason ofinjuries to the right-of-v,;ay,
roadbed, pavement, and/or bridge owned by the State, when such damages are caused by the City's
construction, operations, maintenance or rehabilitation on said roadway. To the extent allowed by
law, the City also agrees to indemnify and save harmless the State from any and all claims,
demands, actions or causes of action, due to damage to property or injury to or death of persons
arising from or growing out of or in any manner connected with work on said roadway project
including, but not limited to, all court costs, attorney fees and other expense~ incurred in
connection with suits for such damage and shall, if so requested in writing, assist or relieve the
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State from defending any such suits brought against it. In addition, the City shall req~ire its
contractor(s) and subcontractor(s) to secure a policy ofinsurance in the maximum statutory limits
for tort liability, naming the State as an additional insured under its terms, and maintain the required
insurance coverages in full force and effect during any period that work is perfonned on the State
right-of-way. Adequate insurance, as a minimum shall mean the City contractor(s) shall furnish the
State with the Texas Department of Transportation's Certificate ofInsurance covering the below
listed insurance coverages:
A. Worker's Compensation Insurance Amount - Statutory
B.
Comprehensive General Liability Insurance
Amounts Bodily Injury
Property Damage
5600,000 combined single limit each
occurrence and in the aggregate
OR
Commercial General Liability Insurance
Amounts Bodily Injury
Property Damage
5250,000 each person
5100,000 each occurrence
C.
Texas Business Automobile Policy
Amounts Bodily Injury
Property Damage
5250,000 each person
5100,000 each occurrence
The State shall be included as an "Additional Insured" by Endorsement to policies issued for
coverages listed in Band C above. A "Waiver of Subrogation Endorsement" in favor of the State
shall be a part of each policy for coverages listed in A, B, and C above. A certified copy of these
,
endorsements shall be submitted to the State with the evidence of coverage. The City and/or its
contractor(s) shall be responsible for any deductions stated in the policy.
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B. Contain notification of municipal ordinances or regulations, ?r
C Resemble official traffic control devices.
12. Banners, flags; streamers, flashing lights, or other appurtenances shall not be attached to a City
Pride Sign or sign supports. Sign supports shall be galvanized metal or painted solid white.
. .
13. A City Pride Sign shall not be illuminated internally or externally.
14. A City Pride Sign may contain the name of the City, message, or slogan no greater than eight
inches in height. The City may inc1~d'e a seal or symbol that is commonly ~sed to represent the
City,
IS, Ifa City Pride Sign'requires background material, it shall be painted brown (Sherwin Williams
#2315 or equivalent) or have brown reflective material affixed to the sign face meeting State
specifications. Lettering upon the brown background shall be white and may be any script or font.
A white 2 inch border is optional. Lettering and border shall be painted white (Sherwin Williams
#2130 or equivalent) or have white reflective material affixed to the sign face meeting State
specifications.
ATIACHMENT SIGNS
16. Attachment signs or civic infonnation signs are provided by a non-profit civic organization or
governmental entity that display points of interest or geographica~ recreational, cultural, or civic
information. A civic organization must be located within or have a member who resides in the City,
and complies with all applicable law co~cerning the provisions of public accommodation without
regard to race, religion, color, sex, or national origin.
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17. Attachment signs may be any color or combination of colors and may be in any design or shape.
Attachment signs shall not be greater than 48 inches in width and 36 inches in height, and shall not
consist of text; symbols, trademarks or a legend message identifYing the name or abbreviation of a
co~ercial establishment, service or product, or contain supplemental ~ddress or directional
information such as meeting dates or locations.
18. A civic organization shall apply to the City for permission to display an attachment sign upon the
City Pride Sign. The City shall notify/contact the civic organization in writing if the civic
organization does not meet the requirements of eligibility as siated herein. The civic organization
shall have 30 calendar days after written notification to meet the requirements herein.
19. The City shall approve all attachment signs and detemune the order, arrangement, and duration of
display. Attachment signs shall be placed upon a City Pride Sign as to provide a balanced
appearance. Attachment signs shall remain within the borders of a City Pride Sign and shall not
overlap.
20. A civic organization shall have only one attachment sign per City Pride Sign unless the City and
civic organization agree fo said organization's multiple attachment signs upon a City Pride Sign.
21. The City shall remove an attachment sign of a participating civic organization if the civic
organization ceases to exist, does not meet the requirements stated herein, or has not provided a
replacement sign after 60 days of the City or State's written notification that the attachment sign is
damaged, broken, faded, or has become a 'hazard due to failure to build to specifications, inclement
weather, inadequate maintenance, accidental damage, or other cause. .
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MISCELLANEOUS
22. Signs from the Texas Natural Resource Conservation Commission (TNRCC), the SUPERIOR (or
APPROVED) WATER SUPPLY and CLEAN TEXAS 2000 signs, shall be erected and maintained
to State specifications at the sole expense of the TNRCC and the City. 'lNRCC signs shall not be
allowed as attachments to State signs or sign supports.
23. Signs from the Texas Historical Commission (THC), the HISTORICAL MARKERS IN CITY
signs, shall be erected and maintained to State specifications at the sole expense of the Gity. THC
signs shall not be allowed as attac~ents to State signs or sign supports.
24. Signs from Keep Texas Beautiful (KTB), the signs that show a ciiy's dedication to the mission of
preventing litter and promoting beautification for the Keep Texas Beautiful Proud Community
Program, shall be erected and maintained to State specifications at the sole expense of the City.
KTB signs shall not be allowed as attachments to State signs or sign supports.
25. Upon completion of the City Pride Sign(s), all attachment signs, TNRCC, TIlC and KTB signs
previously erected on State sign supports shall be removed and relocated to the City Pride Sign or
individual supports as outlined herein for TNRCC, THC, and KTB signs.
26. The State shall not require fees from the City for participating in the City Pride Sign Program. The
City shall not require fees from the civic organizations or governmental entities for display upon a
City Pride Sign.
27. While insta11ing or maintaining a City Pride Sign, the City shall cooperate with any State contractor
working on the State highway system at that lo'cation.
28. In the event that the State determines that it is necessary to repair, construct, reconstruct and/or
make any changes in the highway facility for reasons other than those specified herein, the City shall
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be responsible for all costs necessary for removal and relocation of the City Pride Sign.
:9. The City .shall remove a City Pride Sign if it has not provided a replacement sign within 60 calendar
days of written notification from the State' that the sign is damaged, broken, faded or has become a
hazard due to failure to build to specifications, inclement weather, inadequate maintenance,
accidental or other cause. After 60 days, the City Pride Sign not removed or replaced will be
removed by the State at the expense of the City. The State may terminate this agreement upon
default of the City.
30. This Agreement shall bind, and shall be for the sole and exclusive benefit of the respective parties
and their legal successors.
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IN TESTIMONY WHEREOF, the parties hereto have affixed their signature; the City of
Paris
on the qt"h day of
October
2000,
and the State on the
day of
CITY OF
PARIS
THE ST ATE OF TEXAS'
(Signature)
Executed by the District Engineer for the Executive
Director and approved for the Texas Transportation
Commission under the authority of Minute Order
107005, for the purpose and ~ffect of activating
and carrying out the orders, established policies or
work programs by the Texas Transportation
Commission.
By:
Michael J. pfiester
Typed Name
Mayor
Title
AlTEST:
APPROVED:
By:
Mattie CunninglUuD, City Clerk .
(Sigllahlre name.), P.E.
District Engineer
, (/j.ped Name)
Date:
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