07 - Agreement with TxDOT 903 Concert Series FestivalItem No. 7
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 for the 2023 Annual 903 Concert Series Event on
Thursday Evenings 6/8/23, 6/15/23, 61/22/2023 & 6/29/23
MTG. DATE: April 10"', 2023
BACKGROUND
The 903 Concert Series Special Event is now in the second season as a community partnering
event with the Chamber for the promotion of Downtown Paris visitors, as well as residents.
The free concert event series is being put on by the Visit Paris Organization. Each year this
event requires council approval of a TX DOT Agreement. This is because the closure of state
highway roads through the square longer than 4 hours requires a mutual standard agreement.
This is similar to other downtown events, however the dates continue to change each year
needing a new annual agreement. The event will stimulate the economy by bringing in
approximately 1,000-2,000 people to downtown, depending upon the performers. It was an
exciting first annual event for Paris last year. City and Chamber Officials are highly optimistic
for the positive impact this community cultural event will continue to create for our
community. Several other cities in Texas put on this type of event and the intent is to do the
same sort of event to help promote Paris as a Great Place in Texas.
City staff will again provide in kind services to support the event street detour route. The street
closures will be for the whole square which are the same as what was done last year. The City
Traffic and Community Development Departments will continue to assist with setting up of
barricades for the street and parking spaces. As a result of this and the time needed to set up the
stage in the diagonal parking spaces in front of Spangler's, an all -day closure plan agreement
with TX DOT is required.
The City Council must approve a resolution for the event street closure in order to authorize
the agreement approval with TX DOT. Attached is the agreement with the planned Event
Route Detour Map.
RECOMMENDATION
Approve a resolution entering into in a 1 -year agreement for street closure with TxDOT for 2023
Annual 903 Concert Series Festival Event.
Agreement No.
STATE OF TEXAS §
COUNTY OF TRAVIS §
AGREEMENT FOR THE TEMPORARY CLOSURE
OF STATE RIGHT OF WAY
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 , 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 March 27, 2023 the City of Paris, Texas has requested the temporary closure
of State Highways Business 19 24 82 & 271 for the purpose of 903 Concert Series, on the
dates of June 8, 2023, June 15, 2023, June 22, 2023 and June 29, 2023, from 9:00 a.m. for
one lane on Business 82, and from 12:00 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 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, on the 271 day of March, 2023, the Paris City Council passed Resolution No.
, 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;
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 shall terminate upon
completion of the Event or unless terminated or modified as hereinafter provided.
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Article 2. EVENT DESCRIPTION
The physical description of the limits of the Event, including county names and highway
numbers, the number of lanes the highway has and the number of lanes to be used, the
proposed schedule of start and stop times and dates at each location, a brief description of
the proposed activities involved, approximate number of people attending the Event, the
number and types of animals and equipment, planned physical modifications of any man-
made or natural features in or adjacent to the right of way involved shall be attached hereto
along with a location map and identified as "Exhibit C."
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.
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
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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.
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
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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:
Local Government: I 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.
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Agreement No.
Each party is signing this agreement on the date stated beside that party's signature.
THE CITY OF
Executed on behalf of the local government by:
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.
M
District Engineer
Date
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Agreement No.
Exhibit A
Traffic Closure Incorporated (TEA30A) Page 6 of 8 Rev. 03/27/2023
Agreement
Exhibit B
Traffic Closure Incorporated (TEA30A) Page 7 of 8 Rev. 03/27/2023
RESOLUTION NO.
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 2023, 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 2023 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, the temporary closure will be:
on the dates of June 8, 2023, June 15, 2023, June 22, 2023 and June 29,
2023, from 9:00 a.m. for one lane on Business 82, and from 12:00 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
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 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 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 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 10th day of April, 2023.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Agreement No.
Exhibit C
Traffic Closure Incorporated (TEA30A) Page 8 of 8 Rev. 03/27/2023
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