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1998-052-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 12TH DAY RESOLUTION NO. 98-052 WHEREAS, the City Council of the City of Paris did heretofore, 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 1st Street S.E. from the north boundary line of E. Austin Street south to the north boundary line of E. Sherman Street; Austin Street from the east boundary line of 1 st Street S. E. west to the east boundary line of 1 st Street S. W .; S. Main Street (B. H. 19/24 N) from the north boundary line of Sherman Street north to the north boundary line of Austin Street; and 1st Street S.W. (B.H. 19/24 S) from the south boundary line of W. Austin Street south to the north boundary line of W. Sherman Street for the 1998 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 said streets 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 effect 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 use of 1st Street S.E. from the north boundary line of E. Austin Street south to the north boundary line of E. Sherman Street; Austin Street from the east boundary line of 1st Street S.E. west to the east boundary line of 1st Street S.W.; S. Main Street (B.H. 19/24 N) from the north boundary line of Sherman Street north to the north boundary line of Austin Street; and 1st Street S.W. (B.H. 19/24 S) from the south boundary line ofW. Austin Street south to the north boundary line ofW. Sherman Street for the 1998 Paris Art Fair 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; 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, under the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 13th day of April, 1998. T. K. Haynes, City Attorney AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT-OF-WAY STATE OF TEXAS ) ) COUNTY OF LAMAR ) KNOW ALL MEN BY THESE PRESENTS: , 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 B.H. 19/24 in Lamar County; and, WHEREAS, the City has requested the temporary closure of certain portions of B.H. 19/24 for the purposes of the 1998 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 13th day of April, 1998, the City Council passed Resolution No. 98- 052, 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 F.. ~VLJlr.3'T' A ,.I\rolo. , 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, WHEREAS, this agreement has been developed in accordance 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". 3. OPERA TIONS OF THE EVENT A. The City shall assume all costs for the operations associated with the Event, including, 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 . . slgmng. Page 2 of 8 B. The City 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. 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 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 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 the Page 4 of 8 potential termination 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 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 shall 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 permitted by law, the City shall indemnify and save harmless 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 performed 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 permitted by law, the City shall save harmless the State, its officers, employees, agents and contractors from any and all expenses, including attorneys fees and court costs which may be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the City, their officers, employees, agents or contractors. Page 5 of 8 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 Insurance" (TXDOT Form 1560, latest edition) and shall maintain the insurance in full 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.insurance policy. 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 City and the State. 10. COMPLIANCE WITH LAWS The City 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. 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. Page 6 of 8 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: Area Engineer Texas Department of Transportation 3600 Loop 286 S.W. Paris, TX 75460 City: City Attorney City of Paris P. O. Box 9037 Paris, TX 75461 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: April 13, 1998 Puge 7 of 8 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 of 8 Closure is requested for RH. 19/24 N (S. Main Street) from the north boundary line of Sherman Street north to the north boundary line of Austin Street; and RH. 19/24 S (1st Street S.W.) from the south boundary line of W. Austin Street south to the north boundary line of W. Sherman Street. Exhibit A RESOLUTION NO. 98-052 WHEREAS, the City Council of the City of Paris did heretofore, 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 1st Street S.E. from the north boundary line of E. Austin Street south to the north boundary line of E. Sherman Street; Austin Street from the east boundary line of 1st Street S.E. west to the east boundary line of 1st Street S.W.; S. Main Street (B.H. 19/24 N) from the north boundary line of Sherman Street north to the north boundary line of Austin Street; and 1st Street S.W. (B.H. 19/24 S) from the south boundary line of W. Austin Street south to the north boundary line of W. Sherman Street for the 1998 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 said streets 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 effect 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 use of 1st Street S.E. from the north boundary line of E. Austin Street south to the north boundary line of E. Sherman Street; Austin Street from the east boundary line of 1st Street S.E. west to the east boundary line of 1st Street S.W.; S. Main Street (B.H. 19/24 N) from the north boundary line of Sherman Street north to the north boundary line of Austin Street; and 1st Street S.W. (RH. 19/24 S) from the south boundary line ofW. Austin Street south to the north boundary line ofW. Sherman Street for the 1998 Paris Art Fair 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; 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, under the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 13th day of April, 1998. ATTEST: Exhibit n ~.. '.." .":' --:' "..... I ....,' M~ ~ j . T. K. Haynes, City Attorney I . 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 lOK 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 petting 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 16, 1998, 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 15, 1998, until 9:00 p.m. on Saturday, May 16, 1998. Run for the Arts, a 10K and 5K walk, will begin in Market Square at 7:30 a.m. and will be completed by 9:00 a.m. on Saturday, May 16. 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 ATTENDING THE EVENT: Approximately 5,000 to 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. Exhibit C