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08 - 903 Conceret Series - Amendment to the Agreement with TxDOTItem No. 8 Memorandum TO: Mayor, Mayor Pro -Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: 903 Concert Series Festival Event — 1 -Year Agreement with TX DOT for Closure of Downtown Square on Thursday Evenings 6/23, 6/30 & 7/21/2022 MTG. DATE: July 11, 2022 BACKGROUND At its meeting held on 6/13/22, City Council approved a one-year Agreement with TX DOT for Closure of the Downtown Square on Thursday evenings 6/23, 6/30 & 7/21, 7/28 all in 2022. At the first scheduled event on June 23`d a lightning strike knocked out the sound board and the event was postponed. It was a good first dry run at the event and it was followed by a very successful event on June 30th with an estimated 1200-1300 in attendance and with ideal outdoor concert weather. The rescheduled date now for the Mike Ryan performance is July 28th. This will be the fourth date in the 2022 schedule for the 903 Sunsets Concert series. Accordingly, the TX DOT agreement requires an amendment adding the fourth date. We learned a good deal in the process of conducting these two events, which occupies the entire square for the evening. We will be implementing further operational measures to continue to make this event the premier downtown music event in all of Northeast Texas, and to help promote Paris as an officially designated APA -TX "Great Places in Texas" City. The event will stimulate the economy by bringing in approximately 1,000-3,000 people to downtown, depending upon the performers. The event will be brought back annually depending upon the success for the first year. It is an exciting event for the City of Paris and City and Chamber Officials are highly optimistic for the positive impact this community cultural event will create for our community. A big hit now with the new park lighting! !! The street closures for the whole square are basically similar to what the City does for the annual Pumpkin Festival. The City Traffic Department will assist with setting up of barricades for the street and parking spaces. The event volunteers now plan to execute the safe re -opening of traffic for the square in a logical safe manner. As a result, the request by Visit Paris is for the City to re -approve a resolution for the event street closure to authorize the process of the agreement approval with TX DOT now for the 4 event dates with a revised one year agreement with TX DOT for street closures as per the Traffic Control Plan. When the series returns in 2023, a new agreement will be required with the new dates for event. RECOMMENDATION Approve a new resolution re -authorizing a one year agreement for street closure with TxDOT for 903 Concert Series Festival Event dates of June 23 & 30 and July 21 & 28. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO ITS AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE TEMPORARY CLOSURE OF STATE RIGHT- OF- WAY IN SUPPORT OF THE 2022, 903 CONCERT SERIES; 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 2022, City of Paris 903 Concert Series, the City has been asked to close several streets in the areas around the concert area; and, WHEREAS, the City proposes the temporary closure of portions of TX DOT State Highways 19, 24, 82, and 271; and WHEREAS, by Resolution No. 2022-039, the City Council authorized an Agreement with the Texas Department of Transportation (TxDot) for temporary closures on June 23, June 30, and July 21, 2022; and WHEREAS, the city has added an additional concert date of July 28, 2022; and WHEREAS, the additional temporary closure will be on that date from: 1. 11:45 AM June 23, 2022, June 30, 2022m and July 21, 2022 on lane of Highway 82 (North Side Plaza). 2. 12:00 PM to Midnight June 23, 2022, June 30, 2022, and July 21, 2022 both lanes of Highway 82 (North Plaza). 3. 4:00 PM to Midnight June 23, 2022, June 30, 2022, and July 21, 2022 on State Highways 19, 24, and 271 (East, West, and South Plaza). WHEREAS, in order to effect said closure, it is necessary for the City of Paris to enter into an Addendum to the Agreement for the Temporary Closure of State Right -of -Way with the State of Texas, and the form of said addendum attached hereto as Exhibit "A should, in all things, be approved, and the Mayor 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 the limits of the Highway closure will be one block on each side of the Plaza consisting of Highways 19, 24, 82, and 271. Section 3. That the form of the Addendum to 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 she is hereby, authorized and directed to execute, on behalf of the City of Paris, the Addendum to the Agreement for the Temporary Closure of State Right -of -Way Agreement, 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 13th day of June, 2022. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Agreement No, STATE OF TEXAS § COUNTY OF TRAVIS § ADDENDUM TO AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT OF WAY THIS ADDENDUM TO AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT OF WAY is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State," and the City of Paris, Texas, a municipal corporation, acting by and through its duly authorized officers, hereinafter called the "local government." WITNESSETH WHEREAS, the State owns and operates a system of highways for public use and benefit, including State H„ihway _Business 19 24 82 & 271, in Lamar County; and WHEREAS, on June 13 2022 by Resolution No. 2022-039,the local government requested the temporary closure of State Highways Business 19 24, 82 & 271 for the purpose of 903 Concert Series, on the dates of June 23, 2022, June 30, 2022, and July 21, 2022, from 11:45 a.m. one lane for Business 82, and from 2:00 p.m. both lanes (North Plaza) and from 4:00 p.m. all other State Highways to Midnight or sooner as may be possible, and approved the original Agreement for the Temporary Closure of State Right of Way attached hereto as Exhibit A;" and WHEREAS, the on Jule: 111 2022. by Resolution No. 2022- the local government has requested that another date, ..., be added to the request for temporary road closure, at the same times as set forth in the original agreement and authorized the local government to enter into this addendum; and WHEREAS, the Event will be located within the local government'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, 43 TAC, Section 22.12 establishes the rules and procedures for the temporary closure of a segment of the State highway system; and WHEREAS, this addendum has been developed in accordance with the rules and procedures of 43 TAC, Section 22.12; 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, it is agreed as follows: Traffic Closure Incorporated (TEA30A) Page 1 of 2 Rev. 02/22/2019 Agreement No. ADDENDUM The parties hereto agree to add , 2022 to the Agreement for the Temporary Closure of State Right of Way executed by the parties on 2022. Each party is signing this agreement on the date stated beside that party's signature. THE CITY OF PARIS Executed on behalf of the local government by: Date City Official Typed or Printed Name and Title THE STATE Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. . a, Traffic Closure Incorporated (TEA30A) Page 2 of 2 Rev. 02/22/2019 Agreement No. STATE OF TEXAS § COUNTY OF TRAVIS § ADDENDUM TO AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT OF WAY THIS ADDENDUM TO AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT OF WAY is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State," and the City of Paris, Texas, a municipal corporation, acting by and through its duly authorized officers, hereinafter called the "local government." WITNESSETH WHEREAS, the State owns and operates a system of highways for public use and benefit, including State Highways Business 19 24 82 & 271, in Lamar County; and WHEREAS, on June 13 2022 by Resolution No. 2022-039,the local government requested the temporary closure of State Highways Business 19 24 82 & 271 for the purpose of 903 Concert Series, on the dates of June 23, 2022, June 30, 2022, and July 21, 2022, from 11:45 a.m. one lane for Business 82, and from 2:00 p.m. both lanes (North Plaza) and from 4:00 p.m. all other State Highways to Midnight or sooner as may be possible, and approved the original Agreement for the Temporary Closure of State Right of Way attached hereto as Exhibit A;" and WHEREAS, the on July 11,,2022, by Resolution No. 2022- the local government has requested that another date, be added to the request for temporary road closure, at the same times as set forth in the original agreement and authorized the local government to enter into this addendum; and WHEREAS, the Event will be located within the local government'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, 43 TAC, Section 22.12 establishes the rules and procedures for the temporary closure of a segment of the State highway system; and WHEREAS, this addendum has been developed in accordance with the rules and procedures of 43 TAC, Section 22.12; 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, it is agreed as follows: Traffic Closure Incorporated (TEA30A) Page 1 of 2 Rev. 02/22/2019 Agreement No. ADDENDUM The parties hereto agree to add , 2022 to the Agreement for the Temporary Closure of State Right of Way executed by the parties on ......... , 2022. Each party is signing this agreement on the date stated beside that party's signature. THE CITY OF PARIS Executed on behalf of the local government by: Date City Official Typed or Printed Name and Title THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. X District Engineer Date Traffic Closure Incorporated (TEA30A) Page 2 of 2 Rev. 02/22/2019