2007-127-RES-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 2007 Festival of PumpkinsRESOLUTION N0. 2007-127
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 2007 FESTIVAL 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 2007 City of Paris Pumpkin Festival, the City has been
asked to close several streets in the areas around the Pumpkin Festival; and,
WHEREAS, allowing the use of Grand Avenue from the east boundary line of 2nd Street
S.W., east along Grand Avenue and continuing thereon as the street becomes Clarksville Street, to
the west boundary line of ls` S.E. Street; Bonham Street from the east boundary line of 2nd Street
N.W., east along Bonham Street and continuing thereon as the street becomes Lamar Avenue, to the
west boundary line of ls` N.E. Street; 1st Street (B.H. 19/24) from the north boundary line of W.
Kaufman Street to the south boundary line of W. Houston Street; and Main Street (B.H.19/24) from
the north boundary line of E. Kaufman Street to the south boundary line of E. Houston Street for the
2007 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, 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 City
Manager 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 use of Grand Avenue from the east boundary line
of 2nd Street S.W., east along Grand Avenue and continuing thereon as the street becomes
Clarksville Street, to the west boundary line of l 5` S.E. Street; Bonham Street from the east boundary
line of 2nd Street N.W., east along Bonham Street and continuing thereon as the street becomes
Lamar Avenue, to the west boundary line of 15` N.E. Street; / st Street (B.H.19/24) from the north
boundary line of W. Kaufman Street to the south boundary line of W. Houston Street; and Main
Street (B.H.19/24) from the north boundary line of E. Kaufman Street to the south boundary line
of E. Houston Street for the 2007 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 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 City Manager 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 8th day of October, 2007.
ATTEST:
ice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent 1 ar City Attorney
~. oc.Vn~J
J se James F eelen, Mayor
STATE OF TEXAS §
COUNTY OF LAMAR §
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 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 19/24, 271, 82, in Lamar, County; and
WHEREAS, the local government has requested the temporary closure of Business 271, 82,
19124 for the purpose of City Festival, Festival of Pumpkins, from 5:00 pm Friday, October 26
to 2:00 am Sunday, October 28 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, on the 8th day of October, 2007, the Paris City Council passed Resolution No.
2007- ,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.
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
EXHIBIT ,~.
Agreement No.
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
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
TRF - TEA30 2 Rev. 09104107
CLOSURE (Incorporated)
Agreement No.
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, trafhc 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 asset
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 andlor 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 andlor its contractors are encroaching upon the State right of way.
B. In the event the local government is aself-insured entity, the local government shall
TRF - TEA30 3 Rev. 09104/07
CLOSURE (Incorporated)
Agreement No.
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. Provided, however, nothing herein shall be
construed to be a waiver by the State or the local government of sovereign immunity,
governmental immunity or public official immunity under the laws of the State of Texas.
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
Incase 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
unenforceabilitysha1l 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:
City Manager
City of Paris
P.O. Box 9037
Paris, TX 75461-9037
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.
TRF - TEA30 4 Rev. 09/04107
CLOSURE (Incorporated)
THE CITY OF PARIS
Executed on behalf of the local government by:
By
Mayor
Agreement No.
Date October 8, 2007
Typed or Printed Name and Title Jesse James Freelen
Mayor
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission
for the purpose and effect of activating andlor carrying out the orders, established policies or
work programs heretofore approved and authorized by the Texas Transportation
Commission.
By
District Engineer
Date
TRF - TEA30 5 Rev. 09/04/07
CLOSURE (Incorporated)
Agreement No.
Exhibit A
The Event will be located on the Plaza in Downtown Paris.
Paris is located in Lamar County and the highways to be closed consist of:
State Highway 19/24, Business 82, and Business 271.
The Limits of closure will be 1 block every direction from the plaza.
We want to close down the streets starting at 5:00 pm on Friday, October 26 and open the
streets back up at 2:00 am on Sunday, October 28.
This will be the Seventh Annual Festival of Pumpkins. The event setup occurs Friday
evening and the festival runs all day Saturday. People will be able to eat, shop the vendors,
and participate in several kids activities. Saturday all the activities such as Fishing in the
Fountain, Petting Zoo, Train Rides, Home Depot Kids Workshop, Pumpkin Painting, Pumpkin
Bowling, Pumpkin Golf, Diaper Derby, Bounce House, Rock Wall, Super Slide, Obstacle
Course will take place. Free concerts take place all day Saturday as well.
Approximate number of people expected to attend the event will be 10,000.
TRF - TEA30 6 Rev. 09/04107
CLOSURE (Incorporated)
Agreement No.
Exhibit B
See attached sheets
TRF - TEA30 ~ Rev. 09104107
CLOSURE (Incorporated)
Exhibit C
See attached drawing.
Agreement No.
TRF - TEA30 8 Rev. 09/04107
CLOSURE (Incorporated)
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