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Res 104-2004 7/20/2004RESOLUTION NO. Inr­�-a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS FOR THE TEMPORARY CLOSURE OF STATE RIGHT -OF -WAY FOR THE HOTTER 'N HELL HUNDRED AUGUST 27 -29, 2004, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, on August 27 -29., 2004, the 23' Annual Hotter 'N Hell Hundred event will take place in Wichita Falls; and WHEREAS, the Hotter 'N Hell Hundred event brings between 12,000 to 18,000 visitors to Wichita Falls, including riders from virtually every state in the United States; and WHEREAS, it is necessary to temporarily close a portion of Scott Street for the event, and WHEREAS, Scott Street is State right -of -way, and it is necessary to execute an agreement for temporary closure of State right -of -way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SE CTION 1. The City Manager is hereby authorized to execute the attached agreement for the temporary closure of State right -of -way. SECTIO 2 . It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 20" day of July, 2004. MAYOR ATTEST: City Clerk STATE OF TEXAS § COUNTY OF WICHITA § AGREEME FOR THE T EMPOR ARY C LOSURE OF ;STAT 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 Wichita Falls, a municipal corporation, acting by and through its duly authorized officers, hereinafter called the "City," WITNESSETH: WHEREAS, the State owns and operates a system of highways for public use and benefit, including Wichita Falls, in Wichita County; and, WHEREAS, the city has requested the temporary closure of Scott Street between 13`" Street going North to Lincoln, for the purposes of the Hotter 'N Hell Hundred, as described in the attached Exhibit "A," hereinafter identified as the "Event" and, WHEREAS, the Event will be located within the City'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 20" day of July, 2004, the Wichita Falls City Council passed Resolution No , attached hereto and identified as Exhibit "B," establishing that the Event serves a public purpose and authorizing the City to enter into this Agreement with the State; and, WHEREAS, 43 TEXAS ADMINISTRATIVE CODE, §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 TEXAS ADMINISTRATIVE CODE, §22.12. AGREEMENT 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: 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. 2. EVENT DESCRIPTION. The description of the Event, including the proposed schedule of start and stop times; approximate number of people attending the Event, and the equipment involved; shall be attached hereto and identified as Exhibit "C. 3. OPERATIONS OF THE (EVENT. A. The City shall assume all costs for the operations associated with the Event, to include but not be 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 City 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. C. The City will not initiate closure prior to 24 hours before the scheduled Event and all barriers will be removed and the highway reopened to traffic within 24 hours after the completion of the Event. D. The City 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 City 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 City shall provide to the State a Metter 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 requirement. E. The City 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 City's traffic control plan. F. The City will avoid or minimize damage, and will, at its own expense, restore or repair damage caused by its officers and employees occurring outside the State's right -of -way and restore or repair the State's right -of -way, including roadway and drainage structures, signs, and pavement, etc., to a condition equal to that existing before the closure, and, to the extent practical, restore the natural environment, including landscape features. 4. OWNERSHIP OF DOCUMENTS. Upon completion or termination of this Agreement, all documents prepared by the City will remain the property of the City. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further ruse. 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 uses 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 obligation 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, obligation and liabilities of the State and City under this Agreement. If the potential termination of this Agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred. The City must remedy the breach as outlined by the State within ten ('10) days from receipt: of the State's notification. In the event the City does not remedy the breach to the satisfaction of the State, the City shall be liable to the State for the costs of remedying the breach and any additional costs occasioned by the State. 6. INDEMNIFICATION. To the extent permitted by law, the City shall indemnify and save harmless the State, its officers, employees, agents and contractors from all claims and liabilities due to the activities of the City, its officers, employees, agents and contractors performed unoler this Agreement and which result from an error, omission or negligent act of the City, its officers, employees, agents or contractors. Additionally, to the extent permitted by law, the City shall save harmless the State, its officers, employees, agents and contractors from any and all expenses, including attorneys fees and court costs which may be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the City, its officers, employees, agents or contractors. 7. INSURANCE. In the event the City is a self- insured entity, the City shall provide the State proof of its self- insurance. 8. AMENDMENTS. Any changes in the time frame, character, an Agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the City and the State. 9. COMPLIANCE WITH LAWS. The City 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. 10. 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. 11. NOTICES. All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses. Stat Texas Depart of Tra Cit City of Wichita Fa lls James Berzina, City Manager 1300 Seventh Street Wichita Falls, Texas 76301 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. 12. 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 HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF WICHITA FALLS City of Wichita Falls 1300 Seve Street _ Name of Raquel Address Cit Man _ Wic hita Fall 76301 Title City State Zip Signature (940) 761 -7404 Area Code Telephone Number ATTEST: City Clerk THE STATE OF TEXAS Executed by 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. Typed Printed or Stamped Name of District Engineer Date District Signature of District Engineer By TxDOT Representative City Slate Zip Name and Title of TxDOT Representative Area Code Telephone Number Exhibit .A Vaal' and desriplion of the 11'1,1 I Int(cr N 11'11 I Iandred m Ho I,,NII ll 11 cull I I t' ^ )111 anniA want Aug .? -2'1. 20011. llic 111111 .mo to be i me oflht large I ceumry Itch in thu twdd_ 60011 'ochre..... radish fix •w find and 111,11 11 lh theh Ip M }x00e. tt rolunle7sJL11tts fl'Jal vl rtu.dly csra I, and n,1,) rci en a ,1,i I i s shi n then xry t o[ 1111 ?111 u11 H an11rui each -. fhc eccn[ I I 11n 1'an ndcs and wr11 and 1711it rl slat" C"I"' f,d'iauoa n pflid as uic ;. The I kdtllC He 1 Handed stns and ends a it Stop St, State Ih.v_ ftut'inest 1 S'_ c t.id h:ur. 11, c21 mi lc. 50 62 mile and 100 milt roates i n addition m anOI't 12 11nmc 11u tv 11r Wichlla RiccE A 111apoiIII 2003 rooks (s nwchcd_ Thu 111,1,11 �r;nb <n,lsunc >rzony, h sc trill be °t i0t1 cyclist on S otl S acct stailiny, 1 00 am on Sah rdny Aug•. 1 3 until the dl 'Llat, .n 7 im. Th road trill ,, em dosed thihugh out 1111 dDl t1) d1 the safe 1111 1,l . rclLV m the finish l it <tl S h and tarnr Daring the to Imnt J AM to 7 Abt \ g. 2S, 2001 A I noes will I _ r "Pled eacela for one une alic will tcnmin open foi ca rito onI hue -'cei d e tcolne c. t d firing the Iloller'V Idl wce6 _i d The acGvilic; that romp se 111'111 elf he ht tistradon Consunmr lh n Spaghcm 17IIHITKI I SCI' ( 1,l i.am I:urt t, Si:I Road Rai C, 11K I IotICE N I tall Hundred I'ndu ranee Ride and the O1 Road I i.d. he 111;I1 i itclEiIii wi 11 be u1, li 111'1 alt1m01)n Rwlll prociAl i, cnmnalomcnt l..1 Wi ht .uts. rsil nudinucrs. Ih ,course 111, tc(n d, " aw, aWtc ho" falls II -'em IO A7PFC. "I'he 11HI I Ili, I Rae' will sw11I" "aurday m tmtng. I"ut ahead ul l9: Indu ranee Kirk I lwlci'F IIe11 Ihmdt al meckcnd r p .seta the hest in cycling nationwide I ]till bone t1 x1, ',000 anti 13,000 yi, 1,m to Wichita Palls caclt year rl n cot tills hotel, idiin 60 miles el 111L <Ip -.H well as many altenw, acwmmodati>ns, camping, kd aal I loan o 1 1 Mc A sand C'uvuh camp• The 111111 .i m11ti -mi ou 1,11,11 cronontic intpael en the rennomy of 7esoma ❑tc 111111 coon tl ntutatc hio rccicw ru Webat,, tvww hhlOQot_k.Ourhonic a aompl I 1 1111,tthe 111111 il»m scant , knish_ Exhibit C Schedule Thursday, August 26 300 p. m.: The Consumer Shaw opens at the Exhibit Hall of the Multi- Purpose Events Center (MPEC), at 1000 5th St . in downtown Wichita Falls. The Exhibit Hall is the center of activities thou Saturday with Sunday races on the MPEC grounds. 4:00 p.m.: Packet Pickup and Late Registration open 8:00 p. m.: All activities close. Friday, August 27 4:00 p.m.: City crews begin preparing the ciiterium race course (attached) 5:15 p.m.: The Crilerium begins 8:00 p.m.: Criterion closes 10.00 p no All other activities close. Saturday, August 28 4:00 a .: City Crews begin closing Scott Street 6:45 a.m.: Racers competing in the USCF road race begin 6:50 a.m.: Tandem /Recumbent Start, corner of Scott and Wichita Street 7:00 a .: Start of endurance ride 8:00 a.m.: No starts after this time. 7:00 p.in All activities close, Scott Street reopens Sunday, August 29 7:30 a.m.: Start staging for Off -Road Time Trial at Bridwell Ag Center across from the MPEC. 8:00 a.m.: Start of NORBA Off -Road Time Trial 3:00 p. m.: End of Activities People Volunteers. 3,000 Participants: Between 8,000- 10,000 Law enforcement represented: Wichita Falls Police Wichita County Sheriff Iowa Park Police Burxburnett Police Clay County Sheriff Texas Department of Public Safety Public service represented: Traffic Dept. Wichita Falls Street Dept. Wichita Falls Texas Dept. of Transportation Texas State Guard Texas National Guard Sheppard Air Force Base Equipment Barricades Cones Police cars City tragic control vehicles Metal Crowd control fence provided by HHH