HomeMy WebLinkAboutRes 2021-10-1034 Chamber of Commerce's Christmas Parade - Agreement with State for Road ClosureCITY OF ANNA, TEXAS
RESOLUTION NO. Goal � 1060 10254
A RESOLUTION OF THE CITY OF ANNA, TEXAS ESTABLISHING THE GREATER ANNA
CHAMBER OF COMMERCE'S CHRISTMAS PARADE AS AN EVENT THAT SERVES A
VITAL PUBLIC SERVICE TO THE COMMUNITY AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE OF TEXAS IN
REQUESTING THE TEMPORARY CLOSURE OF STATE HIGHWAY 5
WHEREAS, the Greater Anna Chamber of Commerce wishes to host the Christmas Parade
on December 11 t" from 12pm to 1 pm; and
WHEREAS, the Greater Anna Chamber of Commerce requested a Special Event Permit for
the Christmas Parade from the City of Anna in accordance with The Anna City Code of
Ordinances Division 4. Special Events, Sec. 10.02.111 through Sec. 10.02.115; and
WHEREAS, the Special Event ordinance authorizes the City Manager to approve a Special
Event Permit for the Greater Anna Chamber of Commerce; and
WHEREAS, the Special Event ordinance authorizes the City Manager to waive certain fees
and charges for the Greater Anna Chamber of Commerce; and
WHEREAS, the City Manager and City Council has determined that the Christmas Parade
serves a vital positive public service; and
WHEREAS, the parade route necessitates the need to request a temporary closure of a
portion of State Highway 5 from the Texas Department of Public Transportation; and
WHEREAS, the City Council hereby authorizes the City Manager to enter into an agreement
with the State of Texas for such temporary closure.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT THE GREATER ANNA CHAMBER OF COMMERCE'S CHRISTMAS
PARADE AS AN EVENT THAT SERVES A VITAL PUBLIC SERVICE TO THE
COMMUNITY AND THAT THE CITY MANAGER IS AUTHORIZED TO ENTER INTO AN
AGREEMENT WITH THE STATE OF TEXAS IN REQUESTING THE TEMPORARY
CLOSURE OF STATE HIGHWAY 5.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 26th day of
October 2021.
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Carrie L. Land, City Secretary Nate Pike, Mayor
RES. 4QJ-0 10 " 10.34 PAGE 1 OF 1
Agreement No .. 18-22XXR011
STATE OF TEXAS §
CITY OF ANNA, TEXAS §
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 Anna, a munlclpal corporation, acting by and through Its duly authorized officers,
hereinafter called the ulocal government."
WITNE SS ETH
,
,
,
WHEREAS the State owns and operates a system of highways for public use and benefit,
Including Highway 5, In Collin County; and
WHEREAS, the local government has requested the temporary closure of Highway 5 for the
purpose of Christmas Parade, from 11:30 AM, December 11, 2021 to 1 :00 PM, December 11. 2021 as described In the attached "Exhibit A," hereinafter Identified as the uEvent;" 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 perfonned within the State's requirements; and
WHEREAS, on the 26th day of October. 2021, the Anna City Councll passed Resolution No. �,t- 11• /Uf
, attached hereto and identified as •Exhibit B, 11 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 § 22.12;
NOW, THEREFORE, In consideration of the premises and of the mutual covenants and
agreements of the p arties hereto, to be by them respectively kept and perfonned as
hereinafter set forth, it Is agreed as follows:
AGR EEME NT
Article 1. CONTR ACT 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 not assumed by a third party 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 Inade quate, 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 closure s 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 1 O 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 tlmeframe 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 falling 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
unauthorized vehicles from stopping and parking along the main lanes of highway right of
way and otherwise prevent Interference with the main lane traffic by unauthoriz ed vehicles or
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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. 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.
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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 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
unenforceabillty 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 of Anna
Attn: City Manager
111 N. Powell Pkwy
Anna, Texas 75409
Agreement No. 18-22XXR011
State:
Texas Department of Transportation
47 7 7 US Highway 80
Mesquite, TX 75150
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 bet ween the parties hereto and
supersedes any prior understandings or written or oral agreements respecting the within
subject matter.
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Agreement No. 18-22XXR011
greement on the date stated beside that party's sig nature.
THE FANN
Exec behalf local government by:
Date �
Ty or Printed Name and Title Jim Proce, 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 _____________ _ Date ·------------District Engineer
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12/2/2021
Exhibit A
Christmas Parade, December 11, 2021. We are requesting a permit to
close Hwy 5/Powell Parkway and 4th Street in Anna Texas from 11 :30
am to approximately 1 :00 PM.
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Exhibit B
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Exhibit C
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Agreement No .. 18-22XXR011
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