HomeMy WebLinkAboutRES 041123-5.E - Temp Closure of ROWRESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE
AGREEMENTS WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION RELATED TO THE TEMPORARY CLOSURE OF
STATE RIGHT OF WAY RELATED TO THE TWO STEP INN FESTIVAL.
WHEREAS, the State under the provisions of Title 43, Texas Administrative Code, Section 22.12,
has the ability to authorize the closure of a segment of the state highway system for no more than
seven consecutive days if such action serves a public purpose and is consistent with the safety and
convenience of the traveling public. This section prescribes the policies and conditions by which
an individual, private entity, or governmental entity may obtain such approval; and
WHEREAS, the Two Step Inn Festival will be held at San Gabriel Park on April 15 and 16, 2023
hosted by C3; and
WHEREAS, C3 has to have a Traffic Control Permit and Special Use Permit with the State of
Texas; and
WHEREAS, their Traffic Control Plan shows the use of State Right of Way for shuttle, buses,
and ride -share drop-offs and pick-ups along Austin Avenue from Williams Drive to Apple Creek
Drive; and
WHEREAS, this agreement is required to be submitted in order to have an approved Traffic
Control Permit and Special Use Permit with the State of Texas; and
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN TEXAS:
SECTION ONE. The facts and recitations contained in the preamble of this Resolution are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim.
SECTION TWO. The City Council of the City of Georgetown recognizes that The Two Step Inn
Festival serves a public purpose and approves the Agreement for the Temporary Closure of State of
Right of Way within Georgetown along Austin Avenue between Williams Drive and Apple Creek
Drive, attached hereto as Exhibit A.
SECTION THREE. The Mayor is hereby directed to execute, and the City Secretary to attest thereto
on behalf of the City, Agreement for the Temporary Closure of State of Right of Way
Resolution No. f r Page 1 of 2
Subject Temporary Clos re of State Right of Way
Date Approved
SECTION FOUR. The Mayor is hereby authorized to sign this resolution and the City Secretary
to attest. This resolution shall become effective and be in full force and effect immediately in
accordance with the provisions of the City Charter of the City of Georgetown.
PASSED AND APPROVED on the day of , 2023.
ATTEST:
CITY OF GEORGETOWN, TEXAS
B
�n � s�-
lure, City Secretary
APPROVED AS TO FORM:
Skye Masson, City Attorney
Resolution No. 11 Z 3 % - , -E Page 2 of 2
Subject Temporary Clow of State Right of Way
Date Approve f
Agreement No,
STATE OF TEXAS §
COUNTY OF TRAVIS §
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, herein after called the "State," and the City of
Georgetown, a Texas Home -Rule Municipal Corporation (the "City"), 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 Austin Avenue, in Williamson County; and,
WHEREAS, the local government has requested the temporary closure of Austin
Avenue for the purpose of the Two Step Inn, from April 15, 2023 to April 16, 2023 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 11th day of April, 2023, the City Council passed Resolution No.
RES 041123-5.E, 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:
Traffic — Traffic —Closure Incorporated (TEA30A) Page 1 of 9
Agreement No.
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
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
Traffic — Traffic -Closure Incorporated (TEA30A) Page 2 of 9
Agreement No.
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 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
Traffic — Traffic —Closure Incorporated (TEA30A) Page 3 of 9
Agreement No.
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.
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 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
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Agreement No.
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.
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 of Georgetown
P.O. Box 409
Georgetown, Texas 78627
State:
Texas Department of Transportation
Austin District
P.O. Drawer 15426
Austin, Texas 78761-5426
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 within the
subject matter.
Traffic — Traffic —Closure Incorporated (TEA30A) Page 5 of 9
Agreement No.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in duplicate counterparts.
THE CITY OF GEORGETOWN, TEXAS
Executed on behA of the local governm
City
Typed oPTY'rinted Name and Title
by:
Date L.7_
',_T0s(i S&roede_r
16aqo-r—
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.
Date
District Engineer
Traffic — Traffic —Closure Incorporated (TEA30A) Page 6 of 9
Agreement No.
Exhibit A
Traffic — Traffic —Closure Incorporated (TEA30A) Page 7 of 9
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Exhibit B
Traffic — Traffic —Closure Incorporated (TEA30A) Page 8 of 9
Agreement No.
Exhibit B
Traffic — Traffic —Closure Incorporated (TEA30A) Page 8 of 9
SECTION FOUR. The Mayor is hereby authorized to sign this resolution and the City Secretary
to attest. This resolution shall become effective and be in full force and effect immediately in
accordance with the provisions of the City Charter of the City of Georgetown.
PASSED AND APPROVED on the — F ' — day of , 2023.
ATTEST:
CITY OF GEORGETOWN, TEXAS
_ B
iapr�Berrsm�re, City Secretary
APPROVED AS TO FORM:
Skye Masson, City Attorney
Resolution No. 1 -t5 Page 2 of 2
Subject Temporary Closure of State Right of Way
Date Approved �
7