2023-010 - Approving and Authorizing the Execution of an Amended Agreement with TxDOT for the Temporary Closure of State Right-Of-Way in support of the 2023, 2024, 2025, 2026 and 2027 Steak Wars FestivalRESOLUTION NO. 2o23 - ow
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDED
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION
(TxDOT) FOR THE TEMPORARY CLOSURE OF STATE RIGHT- OF- WAY IN
SUPPORT OF THE 2023, 2024, 2025, 2026 and 2027 STEAK WARS
FESTIVAL; 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, on February 14, 2022, the City Council approved an Agreement with
TxDOT regarding street closures in connection with the City of Paris Steak Wars Festival (the
"Festival") for the years 2022-2026; and
WHEREAS, based on the experience gained in connection with the 2022 Festival, city
officials have determined that it is advisable to close an additional block of South Main Street
and to extend the Agreement through the year 2027; and,
WHEREAS, the City proposes the temporary closure of TxDOT Trunk Highway 19/24
(Main Street South) between TxDOT Trunk Highway 82 East/271 South (Clarksville Street)
and Austin Street; and Kaufman Street between, but not including; 1St Street SW (TxDOT TH
19/24 South Bound) between 1St Street SE; Austin Street East between TxDOT TH 19/24
(Main Street South) and 1St Street SE, and
WHEREAS, the temporary closure will be from:
1. 9:00 AM Friday, April 7, 2023 to 7:00 PM Saturday, April 8, 2023, Event Dates April
8-9
2. 9:00 AM Friday, April 12, 2024 to 7:00 PM Saturday, April 13, 2024, Event Dates April
12-13
3. 9:00 AM Friday, April 11, 2025 to 7:00 PM Saturday, April 12, 2025, Event Dates April
11-12
4. 9:00 AM Friday, April 10, 2026 to 7:00 PM Saturday, April 11, 2026, Event Dates April
10-11
5. 9:00 AM Friday, April 9, 2027 to 7:00 PM Saturday, April 10, 2027, Event Dates April
9-10
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 -Multi -Year Agreement
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 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 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 3. That the Mayor Pro -Tem 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 -Multi -Year 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 February, 2023.
r
AVR Hughes, Mayor P o- m
ATT
Afi����. ClT yDa
ky ger, Deputy Ci Clerk
PROVED AS TO FORM:
nie H. Harris, City Attorney
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STATE OF TEXAS §
COUNTY OF LAMAR §
AMENDED AGREEMENT FOR THE TEMPORARY CLOSURE
OF STATE RIGHT OF WAY — MULTI-YEAR AGREEMENT
THIS AGREEMENT 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, 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 SH19/24, in Lamar, County; and
WHEREAS, the local government has requested the temporary closure of SH 19/24 for the
purpose of Steak Wars Festival, on from
• 9:00 AM Friday, April 7, 2023 to 7:00 PM Saturday, April 8, 2023, event April 7- 8
• 9:00 AM Friday, April 12, 2024 to 7:00 PM Saturday, April 13, 2024, event April 12 -13
• 9:00 AM Friday, April 11, 2025 to 7:00 PM Saturday, April 12, 2025, event April 11-12
• 9:00 AM Friday, April 10, 2026 to 7:00 PM Saturday, April 11, 2026 event April —10 -11
• 9:00 AM Friday, April 9, 2027 to 7:00 PM Saturday, April 10, 2027 event April — 9 -10
As described in the attached "Exhibit A," hereinafter identified as the "Event;" 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, February 13, 2023, the Paris City Council passed Resolution/ Ordinance
No. _ 010 , attached hereto and identified as "Exhibit B," establishing that the
Event serves a public purpose and authorizing the local government to enter into this
agreement with the State; 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 agreement has been developed in accordance with the rules and
procedures of 43 TAC, Section 22.12;
WHEREAS, on or about February 14, 2022, the State and the local government entered into
a Multi -Year Agreement for Right -of -Way Closure for the years 2022-2026; and
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WHEREAS, the local government and the State have agreed to amend said agreement to
additional ROW, as reflected in Exhibit A and to extend the agreement to cover the year
2027;
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:
AGREEMENT
Article 1. CONTRACT PERIOD
This agreement becomes effective upon final execution by the State and the maximum
duration of this agreement shall not exceed five years unless terminated or modified as
hereinafter provided.
Article 2. EVENT DESCRIPTION
Please see Exhibits A and C.
Article 3. OPERATIONS OF THE EVENT
A. The local government and a downtown business South Main Iron 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
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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.
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 2
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.
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
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shall be liable to the State for the costs of remedying the breach and any additional costs
occasioned by the State.
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 South
Main Iron 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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Local Government:
City Manager
City of Paris Grayson Path
P.O. Box 9037
Paris, Texas 75461-9037
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State:
Texas Department of Transportation
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.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed
in duplicate counterparts.
THE CITY OF PARIS
Ex on behalf of the local government by:
B 1 ') . Date
M o -Tem
Typed or Printed Name and Title Reginald B. Hughes - Mayor Pro -Tem
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.
=l
District Engineer
Date
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Exhibit A
"Event"
The Event is located on Main Street South and Kaufman Street in Downtown Paris.
Paris is located in Lamar County and the highways to be closed consist of:
State Highway 19/24.
The Limits of the Highway closure will be TxDOT Trunk Highway 19/24 (Main Street South)
between TxDOT Trunk Highway 82 East/271 South (Clarksville Street) and Austin Street; and
Kaufman Street between, but not including; 1St Street SW (TxDOT TH 19/24 South Bound)
between 1St Street SE; Austin Street East between TxDOT TH 19/24 (Main Street South) and
1St Street SE. The City of Paris and South Main Iron are requesting to close the street at 9:00
AM on Friday, April 7, 2023 and open the streets back up at 7:OOPM on Saturday, April 8,
2023. We are also requesting the street closures for the Steak Wars event for 2024 through
20276 (same times). We would like to make this request for 5 years. The Festival is
scheduled annually for the 2nd Friday and Saturday in April each year.
This year's event is the 3nd Annual Steak Wars Event. The event set up occurs Friday at
Noon and the event runs Friday evening and all day Saturday until 4 p.m. People will be able
to eat, shop the vendors, listen to live musical performances and participate in a steak eating
contest and other children and adult activities. The City Street Crew will provide set up and
take down of the -traffic control devices for annual event in cooperation with volunteers as
shown in the attached Exhibit "C"
Approximate crowd attendance is 2,500 - 5,000.
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Exhibit B
Resolution
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RESOLUTION NO. 202'1 - 0@0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TERAS,
APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDED
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION
(TxDOT) FOR THE TEMPORARY CLOSURE OF STATE RIGHT- OF- WAY IN
SUPPORT OF THE 2023, 2024, 2025, 2026 and 2027 STEAK WARS
FESTIVAL; 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, on February 14, 2022, the City Council approved an Agreement with
TxDOT regarding street closures in connection with the City of Paris Steak Wars Festival (the
"Festival") for the years 2022-2026; and
WHEREAS, based on the experience gained in connection with the 2022 Festival, city
officials have determined that it is advisable to close an additional block of South Main Street
and to extend the Agreement through the year 2027; and,
WHEREAS, the City proposes the temporary closure of TxDOT Trunk Highway 19/24
(Main Street South) between TxDOT Trunk Highway 82 East/271 South (Clarksville Street)
and Austin Street; and Kaufman Street between, but not including; 1st Street SW (TxDOT TH
19/24 South Bound) between 1st Street SE; Austin Street East between TxDOT TH 19/24
(Main Street South) and 1st Street SE, and
WHEREAS, the temporary closure will be from:
1. 9:00 AM Friday, April 7, 2023 to 7:00 PM Saturday, April 8, 2023, Event Dates April
8-9
2. 9:00 AM Friday, April 12, 2024 to 7:00 PM Saturday, April 13, 2024, Event Dates April
12-13
3. 9:00 AM Friday, April 11, 2025 to 7:00 PM Saturday, April 12, 2025, Event Dates April
11-12
4. 9:00 AM Friday, April 10, 2026 to 7:00 PM Saturday, April 11, 2026, Event Dates April
10-11
5. 9:00 AM Friday, April 9, 2027 to 7:00 PM Saturday, April 10, 2027, Event Dates April
9-10
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 -Multi -Year Agreement
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 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 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 3. That the Mayor Pro -Tem 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 -Multi -Year Agreement, under the terms and
conditions and in the form shown in "Exhibit A", attached hereto.
A
Section S. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 13th day of February, 2023.
4R' .Hughes, Mayor P o- m
/ CVl�j f• ��
�fn3
Deputy Ci Clerk ...
H. Harris, City Attorney
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Exhibit C
LOCATION MAP & Traffic Control Detour Plan
See attached drawing.
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City of Paris:
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