1996-014-RES WHEREAS, CITY COUNCIL DID ON THE 8TH DAY OF JANUARY 1996 RECEIVE A REQUEST
RESOLUTION NO.
96-014
WHEREAS, the City Council of the City of Paris did, on the 8th day of January, 1996,
receive a request from Peggy Malone for the relocation of the 1996 Paris Art Fair to the
downtown area; and,
WHEREAS, the City Council of the City of Paris did, on the 12th day of February,
1996, in Resolution No. 96-013, amend City of Paris policy to allow for the closure or use of
any street in connection with a special event upon approval of detailed plans by the Special
Events Committee; and,
WHEREAS, allowing the use of the square around Culbertson Fountain for the 1996
Paris Art Fair serves a public purpose in that such event will bring a substantial amount of
business to the City of Paris and to the downtown area, in particular, and it is deemed
appropriate that the temporary closure of the square around Culbertson Fountain and streets one
block in all directions be authorized, subject to final approval of detailed plans by both the
Special Events Committee and the State of Texas; and,
WHEREAS, in order to affect said closure, it is necessary for the City of Paris to enter
into the Agreement for the Temporary Closure of State Right-of-Way with the State of Texas,
and the form of said agreement, attached hereto as Exhibit A, should, in all things, be approved,
and the Mayor of the City of Paris, Eric S. Clifford, should be authorized to execute the same;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that it
is determined that the relocation of the 1996 Paris Art Fair to the downtown area serves a public
purpose; therefore, the temporary closure of the square around Culbertson Fountain and streets
one block in all directions for such event be, and the same is hereby, authorized, subject to final
approval of detailed plans by both the Special Events Committee and the State of Texas; and,
BE IT FURTHER RESOLVED, that the form of the Agreement for the Temporary
Closure of State Right-of-Way, attached hereto as Exhibit A, be, and the same is hereby,
approved; and,
BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford,
be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the
Agreement for the Temporary Closure of State Right-of-Way in the form of Exhibit A, attached
hereto.
PASSED AND ADOPTED this 12th day of February, 1996.
ATTEST:
Mattie Cunningham, City Clerk
AGREEMENT FOR THE TEMPORARY CLOSURE
OF STATE RIGHT-OF-WAY
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
THIS AGREEMENT is made by and between the State of Texas, acting by and through
the Texas Department of Transportation, hereinafter called "State", and the City of Paris, Paris,
Texas, a municipal corporation, acting by and through its Mayor, Eric S. Clifford, duly
authorized, hereinafter called "City".
WITNESSETH
WHEREAS, the State owns and operates a system of highways for public use and
benefit, including S.H. 24, B.H. 82 and B.H. 271 in Lamar County; and,
WHEREAS, the City has requested the temporary closure of the square around
Culbertson Fountain and streets one block in all directions for the purposes of the 1996 Paris
Art Fair, as described in the attached "Exhibit A", hereinafter identified as the "Event"; and,
WHEREAS, the Event will be located within the City's incorporated area; and,
WHEREAS, the State, in recognition of the public purpose of the Event, wishes to
cooperate with the City so long as the safety and convenience of the traveling public is ensured
and that the closure of the State's right-of-way will be performed within the State's
requirements; and,
WHEREAS, on the 12th day of February, 1996, the City Council passed Resolution No.
96-014, attached hereto and identified as "Exhibit B", establishing that the Event serves a public
purpose and authorizing the City to enter into this agreement with the State; and,
Page 1 of 8
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EXHIBlI A
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WHEREAS, 43 Tex. Adm. Code, Section 22-12, establishes the rules and procedures
for the temporary closure of a segment of the State highway system; and,
WImREAS, this agreement has been developed in aecordance with the rules and
procedures of 43 Tex. Adm. Code, Section 22.12; NOW, THEREFORE,
AGREEMENT
For and 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, it is"
agreed as follows:
1.
CONTRACT PERIOD
This agreement becomes effective upon final execution by the State and shall terminate
upon completion of the Event or unless terminated or modified as hereinafter provided.
2. EVENT DESCRIPTION
. The description of the Event, including the proposed schedule of start and stop times,
approximate number of people attending the Event, and equipment involved, shall be attached
hereto and identified as "Exhibit C".
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3. OPERATIONS OF TIm EVENT
A.
The City shall assume all costs for the operations associated with the
Event, including, but not Iimitcd to, plan development, materials, labor,
public notification, providing protective barriers and barricades, protection
of highway traffic and highway facilities, and all traffic control and
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temporary signing.
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B.
The City shall submit to the State for re~iew and approval the construction
plans, if construction or modifications to the State's right-of-way is
required, the traffic control and signing plans, traffic enforcement plans,
and all other plans deemed necessary by the State.
C.
The City will not initiate closure prior to 24 hours before the scheduled
Event and all barriers and barricades will be removed and the highway
reopened to traffic within 24 hours after the completion of the Event.
D.
The City will provide adequate enforcement personnel to prevent vehicles
from stopping and parking along the main lanes of highway right-of-way
and otherwise prevent interference with the main lane traffic by both
vehicles and pedestrians. The City will prepare a traffic enforcement
plan, to be approved by the State in writing at least 48 hours prior to the
scheduled Event. Additionally, the City shall provide to the State a letter
of certification from the law enforcement agency that will be providing
traffic control for the Event, certifying that they agree with the
enforcement plan and will be able to meet its requirements.
E. The City hereby assures the State that there will be appropriate passage
allowance for emergency vehicle travel and adequate access for abutting
property owners during construction and closure of the highway facility.
These allowances and accesses will be included in the City's traffic
control plan.
Page 3 of 8
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F, The City will avoid or minimize damage, and will, at its own expense,
restore or repair damage occurring outside the State's right-of-way and
restore or repair the State's right-of-way. including roadway and drainage
structures, signs, and pavement, etc. to a condition equal to that existing
before the closure, and, to the extend practicable, restore the natural
environment, including landscape features.
4.
OWNERSHIP OF DOCUMENTS
Upon completion or termination of this agreement, all documents prepared by the City
will remain the property of the City. All data prepared under this agreement shall be made
available to the State without restriction or limitation on their further use.
5.
TERMINATION
A.
This agreement may be terminated by any of the following conditions:
(1) By mutual written agreement and consent of both parties;
(2) By the State upon determination that use of the State's
right-of-way is not feasible or is not in the best interest of
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the State and the traveling public;
(3)
By either party, upon the failure of the other party to fulfill
the obligation as set forth herein; or,
(4)
By satisfactory completion of all services and obligations as
set forth herein.
B.
The termination of this agreement shall extinguish all rights, duties,
obligations and liabilities of the State and City under this agreement. ' If
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the potential tennination of this agreement is due to the failure of the City
to fulfill its contractual obligations as set forth herein, the State will notify
the City that possible breach of contract has occurred. The City must
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remedy the breach as outlined by the State within ten (10) days from
receipt of the State's notification. In the event the City does not remedy
the breach to the satisfaction of the State, the City shan be liable to the
State for the costs of remedying the breach and any additional costs
occasioned by the State.
6.
DISPUTES
Should disputes arise as to the parties responsibilities or additional work under this
agreement, the State's decision shall be final and binding.
7. INDEMNIFICATION
To the extent pennitted by law, the City shall indemnify and save hannless the State, its
officers, employees, agents and contractors from and against any and all claims and liabilities
due to the activities of the City, its officers, employees, agents and contractors perfonned under
this agreement and which result from an error, omission or negligent act of the City, its officers,
employees, agents or contractors. Additionally, to the extent pennitted by law, the City shall
save hannless the State, its officers, employees, agents and contractors from any and an
expenses, including attorneys fees and court costs which may be incurred by the State in
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litigation or otherwise resisting said claim or liabilities which might be imposed on the State as
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the result of such activities by the City, their officers, employees, agents or contractors.
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8. INSURANCE
A.
Prior to beginning any work upon the State's right-of-way, the City and/or
its contractors shall furnish to the State a completed "Certificate of
Insuranee" (TXDOT Form 1560, latest edition) and shall maintain the
insurance in fuU force and effect during the period that the City and/or its
contractors are encroaching upon the State right-of-way.
B.
In the event the City is a self-insured entity, the City shall provide the
State proof of its self-insurance. Additionally, the City shall include the
State as an additional insured under its self-insuranee policy.
9.
AMENDMENTS
Any changes in the time-frame, character, agreement provisions or obligations of the
parties hereto shaU be enacted by written amendment executed by both the City and the State.
10.
COMPLIANCE WITH LAWS
The City shall comply with aU applicable federal, state and local environmental laws,
regulations, ordinances, and any conditions or restrictions required by the State to proteet the
natural environment and cultural resources of the State's right-of-way.
11. LEGAL CONSTRUCTION
In case one or more of the provisions contained in this agreement shall, for any reason,
be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions hereof, and this agreement shall be
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constroed as if such invalid, illegal or unenforceable provision had never been contained herein..\ );
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12. NOTICES
All notices to either party by the other required under this agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the
following respective addresses:
State:
Texas Department of Transportation
3600 Loop 286 S.W.
Paris, TX 75460
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City:
City Attorney
City of Paris
P. O. Box 9037
Paris, TX 75461
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All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided herein. Either party hereto may change the above address by sending
written notice of such change to the other in the manner provided herein.
13. SOLE AGREEMENT
This agreement constitutes the sole and only agreement between the parties hereto and
supersedes any prior understandings or written or oral agreements respecting the within subject
matter.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be .:'
executed in duplicate counterparts.
CITY OF PARIS, PARIS, TEXAS
By:
Eric S. Clifford, Mayor
Date: February 12. 1996
Pnge 7 of 8
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ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation
Commission under the authority of Minute Order No. 100002 and Administrative Circular 26-
93, for the purpose and effect of activating and/or carrying out the orders, established policies
, or work programs'heretofore approved by the Texas Transportation Commission.
By:
District Engineer
Date:
District Name:
Page 8 or 8
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Closure is requested for all streets on the Paris downtown square, extending to the intersections
one block from the square. This includes B.H. 82 (Lamar Avenue) from 1st Street N.E. to 2nd
Street N.W.; S.H. 24 (Main Street) from Kaufman Street to Houston Street; B. H. 271
(Clarksville Street) from the 1st Street S.E. to 2nd Street S.W.; and 1st Street (west) from the
intersection of W. Kaufman Street to W. Houston Street.
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Exhibit A
RESOLUTION NO. --.1l6-01lL--
WHEREAS, the City Council of the City of Paris did. on the 8th day of January, 1996,
receive a request from Peggy Malone for the relocation of the 1996 Paris Art Fair to the
downtown area; and,
WHEREAS, the City Council of the City of Paris did. on the 12th day of February,
1996. in Resolution No. 96-013, amend City of Paris policy to allow for the closure or use of
any street in connection with a special event upon approval of detailed plans by lhe Special
Events Committee; and.
WHEREAS, allowing the use of Ihe square around Culbertson Fountain for the 1996
Paris Art Fair serves a public purpose in that such event will bring a substantial amount of
business to the City of Paris and to the downlowu area, in particular, and it is deemed
appropriate that the temporary closure of the square around Culbertson Fountain and streets one
block in all directions be authorized. subject to final approval of detailed plans by both the
Special Events Committee and the State of Texas; and.
WHEREAS, in order to affect said closure, it is necessary for the. City of Paris to enter
into the Agreement for the Temporary Closure of State Right-of-Way with the State of Texas.
and the form of said agreement, attached hereto as Exhibit A. should. in all things, be approved,
and the Mayor of the City of Paris. Eric S, Clifford, should be authorized to execule the same;
NOW, THEREFORE,
DE IT RESOLVED DY THE CITY COUNCIL OF THE CITY OF PARIS. that it
is detennined that the relocation of the 1996 Paris Art Fair to the downtown area serves a public
purpose; therefore, the temporary closure of the square around Culbertson Fountain and streels
one block in all directions for such event be. and the same is hereby, authorized. subject to final
approval or detailed plans by both the Special Events Committee and the State of Texas; and,
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DE IT FURTHER RESOLVED, that the fonn of lhe Agreement for the Temporary
Closure of State Right-of-Way, attached herelo as Exhibit A. be. and the same is hereby,
approved; and,
DE IT FURTHER RESOLVED, that the Mayor of the City of Paris. Erie S. Clirrord.
be. and he is hereby, authorized and directed to execute, on behalf of the City of Paris. the
Agreement for the Temporary Closure of State Right-of-Way in the form of Exhibit A, attached
hereto.
PASSED AND ADOPTED this 12th day of February, 1996.
A TrEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
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Exhibit B
1. DESCRIPTION OF THE EVENT:
The Paris Art Fair is an annual event which includes a juried art show for
professional and non-professional artists, professional artist display booths, arts
and crafts booths, school art competitions, entertainment, a children's activity
area, a run of !OK and 5K lengths, a walk of 2K, and food vendors.
The children's activity area will include barrel train rides, a sweet shop, face
painting, pony rides, a pelting zoo, the Disney Depot, sand art, thumb bunnies,
treasure jars, spin art, a treasure hunt, a Moon Walk, a radar gun attraction,
water yo-yos, and a dunking booth.
2. PROPOSED SCHEDULE OR START AND STOP TIMES:
The operation date for the Art Fair is Saturday, May 18, 1996, and the hours of
the operation for the event are 10:00 a.m. until 5:00 p.m. In order for the Art
Fair to be set up and taken down, closure is requested from 9:00 p.m. on Friday,
May 17, 1996, until 9:00 p.m. on Saturday, May 18, 1996.
Run for the Arts, a !OK and 5K walk, will begin in Market Square at 8:00 a.m.
and will be completed by 10:00 a.m. on Saturday, May 18. The route is based
on other runs which have been held in the downtown area. A preliminary map
is attached hereto as Exhibit C-l. Upon its completion, a finalized form of the
map will be presented to the Special Events Committee of the City of Paris,
Paris, Texas.
3. APPROXIMATE NUMBER OF PEOPLE A'ITENDlNG THE EVENT:
Approximately 10,000 people attend the event.
4. EQUIPMENT INVOLVED:
Equipment for the event will include various booths and display items and the
equipment located in the children's activity area which is listed above. No
equipment, tents, etc., will be staked into any part of the Fair area.
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Exhibit C