2019-033 - Authorizing execution of an Agreement for the Festival of PumpkinsRESOLUTION NO. 2019-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) FOR
THE TEMPORARY CLOSURE OF STATE RIGHT- OF- WAY IN SUPPORT OF
THE 2019, 2020, and 2021 FESTIVALS OF PUMPKINS; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 96-023, the City Council of the City of Paris created a
special event permit for temporary events which require the closure of public streets; and,
WHEREAS, in connection with the 2019, 2020, and 2021 City of Paris Festival of
Pumpkins, the City has been asked to close several streets in the areas around the Festival;
and,
WHEREAS, allowing the temporary closure of BUS 271B, SH 19/24 for the 2019,
2020 and 2021 Festival of Pumpkins 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 said streets be authorized,
subject to final approval of detailed plans by both the Special Events Committee and the
State of Texas; and,
WHEREAS, the temporary closure will be from 5:00 PM Friday, October 25, 2019 to
12:OOAM Sunday, October 27, 2019, 5:OOPM Friday, October 23, 2020 to 12:00 AM Sunday,
October 25, 2020, 5:00 PM Friday October 22, 2021 to 12:00 AM Sunday, October 24, 2021,
as described in the attached "Exhibit A,"; and,
WHEREAS, in order to effect said closure, it is necessary for the City of Paris .to
enter into an 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 Council should be authorized to execute the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby
in all things approved.
Section 2. That it is determined that the temporary closure of BUS 271B, SH
19/24 for the 2019, 2020 and 2021 Festival of Pumpkins serves a public purpose;
therefore, the temporary closure of said streets 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.
Section I 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.
Section 4. That the Mayor of the City Council 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, under the terms and conditions and in the form shown in "Exhibit
A", attached hereto.
Section 5. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 23rd day of September, 2019.
ice Ellis, City Clerk
APPROVED AS TO FORM:
S�e DI anie H Harris, City Attorney
Stevet?J .
— i��ifford, D., Mayor
Code Chut 6 m�
Project
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11
EXHIII
Agreement No.
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duration of this agreement shall not exceed five years unless terminated or modified as
hereinafter provided.
Article 2. EVENT DESCRIPTION
The Festival of Pumpkins is an annual event held in downtown Paris. The primary activities
will take place in Bywaters Park located along South Main Street (BUS271), with vendors and
activities also set up in the street on South Main (BUS271). The highway consists of two lanes
serving northbound traffic, with parallel parking spaces along the east side. The festival begins
Saturday morning at 9:00 AM and ends at 5:00 PM. Venders are allowed to setup Friday
evenings due to the number of vendors and limited access.
Patrons to this event are able to eat, shop the vendors, participate in kids activities such as a
petting zoo and bounce houses, see live performances, paint pumpkins, adopt pets, and enjoy
time in downtown Paris. The approximate number of people expected to attend the event is
10,000.
Article 3. OPERATIONS OF THE EVENT
A. The local government shall assume all costs for the operations associated with the Event,
to include but not limited to, plan development, materials, labor, public notification, providing
protective barriers and barricades, protection of highway traffic and highway facilities, and all
traffic control and temporary signing.
B. The local government shall submit to the State for review 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. The State may require that any traffic control plans of sufficient complexity be signed,
sealed and dated by a registered professional engineer. The traffic control plan shall be in
accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices.
All temporary traffic control devices used on state highway right of way must be included in
the State's Compliant Work Zone Traffic Control Devices List. The State reserves the right to
inspect the implementation of the traffic control plan and if it is found to be inadequate, the
local government will bring the traffic control into compliance with the originally submitted
plan, upon written notice from the State noting the required changes, prior to the event. The
State may request changes to the traffic control plan in order to ensure public safety due to
changing or unforeseen circumstances regarding the closure.
C. The local government will ensure that the appropriate law enforcement agency has
reviewed the traffic control for the closures and that the agency has deemed them to be
adequate. If the law enforcement agency is unsure as to the adequacy of the traffic control, it
will contact the State for consultation no less than 10 workdays prior to the closure.
D. The local government will complete all revisions to the traffic control plan as requested
by the State within the required timeframe or that the agreement will be terminated upon
written notice from the State to the local government. The local government hereby agrees
that any failure to cooperate with the State may constitute reckless endangerment of the
public and that the Texas Department of Public Safety may be notified of the situation as
soon as possible for the appropriate action, and failing to follow the traffic control plan or
State instructions may result in a denial of future use of the right of way for three years.
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E. The local government 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.
F. The local government 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 local
government 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 local government 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.
G. The local government 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 local government's traffic control plan.
H. The local government 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, but not limited to, roadway and drainage structures, signs, overhead
signs, pavement markings, traffic signals, power poles and pavement, etc. to a condition
equal to that existing before the closure, and, to the extent practicable, restore the natural
and cultural environment in accordance with federal and state law, including landscape and
historical features.
Article 4. OWNERSHIP OF DOCUMENTS
Upon completion or termination of this agreement, all documents prepared by the local
government will remain the property of the local government. All data prepared under this
agreement shall be made available to the State without restriction or limitation on their further
use. At the request of the State, the Local Government shall submit any information required
by the State in the format directed by the State.
Article 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 the State and the traveling public.
(3) By either party, upon the failure of the other party to fulfill the obligations as set
forth herein.
(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 local government under this agreement. If the potential termination
of this agreement is due to the failure of the local government to fulfill its contractual
obligations as set forth herein, the State will notify the local government that possible breach
of contract has occurred. The local government must remedy the breach as outlined by the
State within ten (10) days from receipt of the State's notification. In the event the local
government does not remedy the breach to the satisfaction of the State, the local government
shall be liable to the State for the costs of remedying the breach and any additional costs
occasioned by the State.
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Article 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.
Article 7. RESPONSIBILITIES OF THE PARTIES
The State and the Local Government agree that neither party is an agent, servant, or
employee of the other party and each party agrees it is responsible for its individual acts and
deeds as well as the acts and deeds of its contractors, employees, representatives, and
agents.
Article 8. INSURANCE
A. Prior to beginning any work upon the State's right of way, the local government and/or its
contractors shall furnish to the State a completed "Certificate of Insurance" (TxDOT Form
1560, latest edition) and shall maintain the insurance in full force and effect during the period
that the local government and/or its contractors are encroaching upon the State right of way.
B. In the event the local government is a self-insured entity, the local government shall
provide the State proof of its self-insurance. The local government agrees to pay any and all
claims and damages that may occur during the period of this closing of the highway in
accordance with the terms of this agreement.
Article 9. AMENDMENTS
Any changes in the time frame, character, agreement provisions or obligations of the parties
hereto shall be enacted by written amendment executed by both the local government and
the State.
Article 10. COMPLIANCE WITH LAWS
The local government shall comply with all applicable federal, state and local environmental
laws, regulations, ordinances and any conditions or restrictions required by the State to
protect the natural environment and cultural resources of the State's right of way.
Article 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
construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
Article 12. NOTICES
All notices to either party by the other required under this agreement shall be delivered
personally or sent by certified U.S. mail, postage prepaid, addressed to such party at the
following respective addresses:
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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.
Article 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.
Each party is signing this agreement on the date stated beside that party's signature.
THE STATE OF TEXAS
Executed for the Executive Director and app -• for
purposefor the d effectof activatingand/or- orders, .. -. policies
Commission.work programs heretofore approved and authorized by the Texas Transportation
By Date
District Engineer
Agreement No.
District #
Code Chart 64 #
Project:
Exhibit A
"Event"
The Event will be held in Bywaters Park located between South Main Street (BUS271) and 1st
St SE, and also within the right -0f --ways of said streets. Paris is located in Lamar County and
the highways to be closed consist of. State Highway 19/24, Business 271.
The limits of the closure of the state route will be 1 block of South Main Street between Sherman
Street and Austin Street, which is a one-way traffic configuration serving the northbound
approach to the downtown Plaza (State Highway 19/24, Business 271).
We are requesting to close the streets at 5:00 PM Friday, October 25, 2019 to 12:00 AM
Sunday, October 27, 2019, 5:00 PM Friday, October 23, 2020 to 12:00 AM Sunday, October
25, 2020, 5:00 PM Friday, October 22, 2021 to 12:00 AM Sunday, October 24, 2021.
We are requesting the street closures for the Festival of Pumpkins event for years 2019 through
2021 (same times). We would like to make this request for 3 years only in case the boundaries
of the festival change. The Festival is scheduled annually for the fourth Saturday in October.
The event set up occurs Friday evening and the festival runs all day Saturday. People will be
able to eat, shop the vendors, listen to live musical performances and participate in contests
and other children's activities. Saturday activities include Petting Zoo, Pony Rides, Pumpkin
Painting, Pumpkin Bowling, Bounce House, Super Slide, Bungee Jumping, Rock Wall
Climbing, Costume Contest, Pet Pageant, Canine Walk and much more.
This is the 19th Annual Festival of Pumpkins in Paris. Previous agreements were forthe closure
of all routes around the downtown Plaza, however this year we are proposing to close only
Main Street due to ongoing construction. The expected attendance to this event is 10,000.
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Exhibit B
T,
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.....................................
Exhibit C
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