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2008-077-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 2008 Festival of PumpkinsRESOLUTION NO. 2008-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A111D AUTHORIZING THE EXECUTION OF AN AGREEME11iT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) FOR THE TEMPORARY CLOSURE OF STATE RIGHT- OF- WAY IN SUPPORT OF THE 2008 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 2008 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 15Y 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 lst N.E. Street; lst 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 2008 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 lst 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 lst 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 2008 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 S. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 8th day of September, 2008. ATTEST: fLJB-W`~1 Nicki Brown, Deputy City Clerk APPROVED AS TO FORM: W. Kent c 1 ar 'ty Attorney sse Jam Freelen, Mayor CSJ # District # Code Chart 64 # Project: STATE OF TEXAS § COUNTY OF LAMAR § 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. BU271B,BU82H, in Lamar, County; and WHEREAS, the local government has requested the temporary closure of BU 271 B, BU82H, SH19/24 for the purpose of City Festival. Festival of Pumpkins, from 5:00PM Friday, October 24, 2008 to 12:00AM Sundav, October 26. 2008. 5:OOPM Fridav October 23 2009 to 12:OOAM Sundav, October 25. 2009. 5:OOPM Friday October 22 2010 to 12•00AM Sundav October 24. 2010, 5PM Friday, October 21. 2011 to 12:OOAM Sundav October 23 2011 5PM Friday, October 26. 2012 to 12:OOAM Sundav October 28 2012 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 September, 2008, the Paris City Council passed Resolution/ Ordinance 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: TRF-TRF_TEA30_MultiYrAgrmnt Page 1 of 8 Rev. 01/06/06 CLOSURE (Incorporated) Multi-Year CSJ # District # Code Chart 64 # Project: 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 {Give a physical description of the annual evenf and when it will be held, 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, number and type 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/ocation map and identiried 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 TRF-TRF TEA30_MultiYrAgrmnt Page 2 of 8 Rev. 01/06/06 CLOSURE (Incorporated) Multi-Year CSJ # District # Code Chart 64 # Project: 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 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 TRF-TRF_TEA30_MultiYrAgrmnt Page 3 of 8 Rev. 01/06/06 CLOSURE (Incorporated) Multi-Year CSJ # District # Code Chart 64 # Project: 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 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 and that may arise from this event and that are proximately caused by the negligence of the City of Paris, its employees or contractors and which it may be held liable under the terms and provisions of the Texas Tort Claims Act. 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 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. TRF-TRF TEA30_MultiYrAgrmnt Page 4 of 8 Rev. 01/06/06 CLOSURE (Incorporated) Multi-Year CSJ # District # Code Chart 64 # Project: 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: Citv Manaqer Citv of Paris P.O. Box 9037 Paris, Texas 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. THE CITY OF PARIS Executed on behalf of the local government by: By City Manager Date September 8. 2008 Typed or Printed Name and Title Kevin Carruth City Manager 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. By District Engineer Date TRF-TRF_TEA30_MultiYrAgrmnt Page 5 of 8 Rev. 01/06/06 CLOSURE (Incorporated) Multi-Year CSJ # District # Code Chart 64 # Project: Exhibit A "Event" The Event is 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 the closure will be 1 block in each direction from the Plaza except east which will be 2 blocks in that direction (Business 82 & Business 271). We are requesting to close the streets at 5:00PM on Friday, October 24, 2008 and open the streets back up at 12:OOAM on Sunday, October 26, 2008. We are requesting the street closures for the Festival of Pumpkins event for 2008 through 2012 (same times). We would like to make this request for 5 years only in case the boundaries of the festival change. The Festival is always held the fourth Saturday in October. The event is the Eighth Annual Festival of Pumpkins. The event set up occurs Friday evening and the festival runs all day Saturday. People will be able to eat, shop the vendors, listen to live musical performances and participate in contests and other children's activities. Saturday activities include Fishing in the Fountain, Petting Zoo, Pony Rides, Pumpkin Painting, Pumpkin Bowling, Bounce House, Super Slide, Bungee Jumping, Rock Wall Climbing, Costume Contest, Pet Pageant, Canine Walk and much more. Approximate crowd attendance is 10,000. TRF-TRF_TEA30_MultiYrAgrmnt Page 6 of 8 Rev. 01/06/06 CLOSURE (Incorporated) Multi-Year CSJ # District # Code Chart 64 # Project: Exhibit 6 Resolution / Ordinance TRF-TRF_TEA30_MultiYrAgrmnt Page 7 of 8 Rev. 01/06/06 CLOSURE (Incorporated) Multi-Year CSJ # District # Code Chart 64 # Project: Exhibit C LOCATION MAP See attached drawing. TRF-TRF_TEA30_MultiYrAgrmnt Page 8 of 8 Rev. 01/06/06 CLOSURE (Incorporated) Multi-Year C ~ ~ ~ _ m a A {