HomeMy WebLinkAboutRes 2013-11-02 Centennial Celebration TxDOT Street Closure.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2013-11-02
A RESOLUTION OF THE CITY OF ANNA, TEXAS ESTABLISHING THE ANNA
CENTENNIAL CELEBRATION SERVES A PUBLIC PURPOSE AND AUTHORIZING THE
CITY OF ANNA, TEXAS CITY MANAGER TO ENTER INTO THIS AGREEMENT WITH
THE STATE OF TEXAS ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF
TRANSPORTATION.
WHEREAS the City Council of the City of Anna, Texas wishes to show their support of the
Anna Centennial Celebration by establishing that the Event serves as a public purpose;
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
the closure of the State's right of way will be performed within the State's requirements;
WHEREAS the City of Anna, Texas has requested the temporary closure of FM 2862
(Fourth Street), between State Highway 5 (North Powell Parkway) and Riggins Street for
the purpose of the Anna Centennial Celebration, from 7:00 a.m. to 5:00 p.m. on December
14, 2013;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANNA, TEXAS,
THAT:
The City Council establishes that the Anna Centennial Celebration serves as a
public purpose.
2. The City Council further authorizes the City Manager to enter into an agreement
with the State of Texas acting through the Texas Department of Transportation.
PASSED ON THIS THE 12th DAY OF NOVEMBER, 2013
ATTEST:
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Na a Wilkison, City Secretary
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Applicant agrees that this indemnity agreement is intended to be as broad and
Inclusive as Is permitted by the laws of the state of Texas, and that if any portion is
held invalid, then it is agreed that the balance shall, notwithstanding, continue in full
legal force and effect.
I do solemnly swear (or affirm) that all the answers given and statements made on this
application and supporting documents are full, true, and correct to the best of my
knowledge and beliefs. I have been given a copy of the Anna City Code ordinance Part 11,
Article 47 and have read the provisions contained therein and agree to abide by them.
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Applicant Name: f4 0)
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Signature:
Submittal Requirements:
1, Completed application with signatures and contact information.
2. Submit application fee ($50) and deposit ($300). (Ord. No. 410-2008, Checks payable to the City
t. of Anna)
3. Map of Event area.
4. List of food and beverage vendors and/or copy of current license from vendor.
5. Statement of intent to obtain Insurance and/or Proof of Insurance. ( A copy of the Certificate
of Insurance is due a minimum of one week before event start date)
6. Letter of request if alcohol is desired.
For Office Use Only:
Date Application & Deposit Received $300: Date Application Fee Received ($50):
Recelved B: Received By:
Cash or Check # Cash or Check #
Receipt M Receipt #:
Required Documents Recd:
❑ Completed Application ❑ insurance ❑ Food Vendor List ❑ Sound System ❑ Map
❑ Alcohol Request (optional)
❑ Other:
❑ Other:
❑ Approved by: []Permit Issued Date:
Assign Date of Parks Board Review of Application:
(put date in blank) and notify Applicant.
Street Block Partylor Event Application
City of Anna
Powell Pkwy P0Box 776 Anna. TX75409
972-924-3325 fax 972-924-2620
Applicant
off for the event? (VES) NO
off a street must be a street that has AT
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T. and exits. You may ONLY, block the
EASILY moveable, such as road cones. Objects
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Signature:
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AGREEMENT FOR SPECIAL EVENT
This Agreement for Special Event ("Agreement") is made by and between the
City of Anna ("City"), and the Greater Anna Chamber of Commerce, Incorporated
("GACC") entered into on this 12th day of November, 2013.
Section 1. Scope
According to Anna City Code Ordinances, Part II, Article 47, Section 4.04, the City
enters into this Agreement with GACC for use of 4th Street and surrounding area
for the Centennial Celebration and City Hall parking area for a Tree Lighting
Ceremony.
Section 2. Definitions
Meanings. For purposes of this Agreement, the following meanings shall
apply:
1. City shall mean the City of Anna, Texas.
2. GACC shall mean the Greater Anna Chamber of Commerce,
Incorporated.
3. Centennial Celebration shall mean the community event sponsored
by the GACC and associated events and activities to take place in
Anna, Texas on December 7th and 14th, 2013.
4. Fourth Street and surrounding area shall mean 4th Street between
Hwy.5 and Riggins Street as well as Interurban 2 blocks north of 4th
Street.
5. City Hall Parking Area means the parking area located at 111 North
Powell Parkway.
6. Special Event means any event that operates wholly or partially
within the incorporated City limits and may require the use of or
assistance from any department or employee of the City, or the use
of any City property.
Section 3. General Requirements
3.01 Terms of Special Event Agreement
The GACC has submitted a Special Event Permit application and sought
authorization for the special event from the City of Anna Parks Board subject to
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entering into this agreement with the City. Said application is attached hereto as
Exhibit 1.
The Council authorizes the Special Event, subject to the following restrictions, for
which GACC will be responsible:
Parking Restrictions:
All parking for the event will be conducted on premises designed or adapted for
parking. Parking is to be prohibited on all public rights of way (shoulders, grass
areas directly adjoining roadways, etc.). Event staff, signage, barricades, or a
combination thereof, must be utilized to keep patrons from parking in rights of
way.
If parking areas are full, Event staff must be in place to direct vehicles to open
parking areas.
Vehicles on City/Park Property.
Except for designated parking areas and other designated areas approved by the
Director of Public Works, motor vehicles are prohibited from driving on City/Park
property, except on designated paved parking areas and except as otherwise
stated in this paragraph. At the discretion of the Director of Public Works motor
vehicles may be allowed on some turf areas to deliver equipment but must be
immediately removed when the delivery is complete. The City may prohibit any
vehicle or trailer from driving on turf areas if in the opinion of the Director of
Public Works the ground is too wet to support the weight of the vehicle. Except
for small utility vehicles approved by the Director of Public Works, all motor
vehicles are expressly prohibited from driving on or crossing the concrete walking
trails.
The applicant will ensure that all event participants observe these rules and will
be responsible for paying for any damages to property caused by vehicles driven
by participants of this event.
Vendors and other Participants:
Vendors and other persons or businesses providing entertainment or activities for
the event may only locate on designated areas of the park that have been
approved by the Director of Public Works.
Section 4. Fees
GACC represents that it has submitted a nonrefundable permit application fee in
the amount fifty ($50.00) dollars, a refundable three hundred ($300.00) dollar
deposit, and will pay for any additional actual costs incurred by the Cityin
reviewing such application that exceeds said amount.
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Section 5. Licenses and Permits
The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or
any other costs required for the Centennial Celebration and to fulfill this Agreement.
The GACC must comply with all federal and state laws, and local ordinances while
organizing and participating in the Centennial Celebration.
Section 6. Independent Contractor Status/ Liability/ Indemnity
It is expressly understood and agreed that the City has no right of control,
supervision, or direction over any work performed by the GACC relating in any
way to the GACC's undertaking, promoting, operating, and performance of any
other activity related to the Centennial Celebration (the "Work"), including but not
limited to its employees or its subcontractors, nor does the City have any control,
supervision or direction of the means, methods, sequences, procedures, and
techniques utilized to undertake, conduct, or complete any of the Work. There
shall be no joint control over the Work. The GACC agrees to fully defend,
indemnify and hold harmless the City from any claim, proceeding, cause of
action, judgment, penalty, or any other cost or expense arising or growing out of,
associated or in connection with the Work. The indemnification includes, but is
not limited to, attorney fees incurred by the City in defending itself or in enforcing
this Agreement. By entering into this Agreement, GACC waives all rights and
remedies in law or in equity except to seek enforcement of specific performance
of the obligations under this Agreement. This provision is not intended to and
does not waive any of the City's governmental immunities, including immunity
from suit and liability.
Section 7. Insurance
GACC shall procure and maintain for the duration of this Agreement and the
Special Events insurance to cover claims for injuries to persons or damages to
property, which may arise from or in conjunction with the performance of the
Work or in any way related to the GACC's undertakings performed in connection
with the Centennial Celebration, including but not limited to coverage for GACC,
its agents, representatives, employees, or subcontractors and Special Event
participants, attendees and spectators. The insurance policy must be a
Commercial General Liability Insurance Policy with combined single limits of
liability for bodily injury and property damage of not less than $500,000 for each
occurrence if the estimated attendance of the Special Event is up to a total of
4,999 persons, and $1,000,000 for each occurrence if the estimated attendance
is a total of 5,000 persons or more. Failure of the GACC to maintain the required
coverage is a breach of this Agreement and shall not relieve GACC of any other
contractual responsibility or obligation. Each policy shall name the City as an
additional insured and provide that there will be no alteration or modification
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which reduces coverage in any way prior to 30 days written notice being given to
the City. A copy of a certificate of insurance shall be filed with the City's
Secretary.
Section 8. Amendment; Termination
This Agreement may not be amended or terminated except pursuant to a written
instrument signed by both parties.
Section 9. Notice
Notice as required by this Agreement shall be in writing delivered to the parties
via U.S. certified mail, return receipt requested, at the addresses listed below:
City of Anna
Natha Wilkison, City Secretary
City of Anna
111 N. Powell Parkway
Anna, Texas 75409
GACC
Sara Cox, GACC President
807 Interurban Street
Anna, Texas 75409
Each party shall notify the other in writing within 10 days of any change in the
information listed in this section.
Section 10. No Waiver of Immunity
Nothing in this Agreement waives any governmental immunity available to the
City under Texas law. The provisions of this paragraph are solely for the benefit
of the parties hereto and are not intended to create or grant any rights,
contractual or otherwise, to any other person or entity.
Section 11. Entire Agreement
This Agreement represents the entire and integrated Agreement between the
City and GACC and supersedes all prior negotiations, representations and/or
agreements, either written or oral. This Agreement may be amended only by
written instrument signed by both parties.
Section 12. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Texas as to
interpretation and performance. Any and all legal action necessary to enforce this
Agreement shall be brought in a court of competent jurisdiction in Collin County,
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Texas or in the United States District Court for the Eastern District of Texas,
Sherman Division.
Section 13. Severability
The provisions of this Agreement are severable. In the event that any paragraph,
section, subdivision, sentence, clause, or phrase of this Agreement shall be
found to be contrary to the law, or contrary to any rule or regulation having the
force and effect of the law, such decisions shall not affect the remaining portions
of this Agreement.
Section 14. Contract Interpretation
This Agreement is the result of negotiation between the parties, and shall, in the
event of any dispute over the meaning or application of any portion thereof, be
interpreted fairly and reasonably, and not to be more strictly construed against
one party than another, regardless of which party originally drafted the section in
dispute.
Section 15. Force Majeure
If a party is prevented or delayed from performing any of its obligations
hereunder due to a natural or manmade event or condition not caused by such
party and beyond such party's reasonable control, then such party's performance
of those obligations shall be suspended until such time as the event or condition
no longer prevents or delays performance. If any event or condition results in the
creation of amounts of refuse in excess of ordinary amounts, then the parties
shall discuss, but shall not be bound to conclude, terms and conditions for
collection of those excess amounts.
Section 16. Assignment
It is understood and agreed that GACC shall not assign, sublet, or transfer any of
the rights and duties under the terms of this Agreement without the prior written
approval of the City.
Section 17. Effective Date
This Agreement shall be effective upon the date first stated herein, and
performance of this Agreement shall begin as soon thereafter as practicable.
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IN WITNESS WHEREOF, City and GACC have executed this Agreement.
Sara Cox
Greater Anna Chamber of Commerce
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Philip Sanders
City Manager