HomeMy WebLinkAboutResolution No. R2022-04RESOLUTION NO. R2022-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AUTHORIZING THE AGREEMENT FOR THE
TEMPORARY CLOSURE OF STATE RIGHT-OF-WAY WITH THE STATE OF
TEXAS FOR THE YOUTH SPORTS DAY PARADE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the State owns and operates a system of highways for public use and benefit,
including FM 518 and FM 2351 in Galveston County, Texas; and
WHEREAS, the City Council of the City of Friendswood, Texas, has requested the
temporary closure of FM 518 (S. Friendswood Drive) between S. Shadowbend and FM 2351 and
FM 2351 (W. Edgewood Drive) between FM 518 and Sunset Drive for the purpose of the Youth
Sports Day Parade; and
WHEREAS, the State of Texas, acting by and through the Texas Department of
Transportation and the City of Friendswood seek to enter into an agreement for the temporary
closure of FM 518 and FM 2351 for the public purpose of the Youth Sports Day Parade; NOW
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section I. That the City Council of the City of Friendswood, Texas, finds that the
Youth Sports Day Parade serves a public purpose.
Section 2. That the City Council authorizes the City of Friendswood, acting by and
through its City Manager, to enter into the Agreement for the Temporary Closure of State Right -
of -Way with the State of Texas, for the Youth Sports Day Parade. Such agreement is attached
hereto as Exhibit "A" and incorporated herein for all purposes.
Section 3. That this resolution shall be effective immediately upon its passage and
approval.
PASSED, APPROVED and ADOPTED by the affirmative vote of the City Council of the
City of Friendswood on this the 7th day of February, 29�'? N
MIKE FOREMAN,
ATTE
OF FRIENpsl2
L ICIA BRYSCH, City Se cr U _Y '
APPROVED AS TO FORM:
ATE OF
1
KA N H RNER, City Attorney
H.'Cvv Council\Resolutions�2022�02-07-2022\Resolution for the Temporary Closure of State ROW for Youth Sports Day parade. docc
Exhibit "A"
STATE OF TEXAS §
COUNTY OF TRAVIS §
Agreement No.
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 Friendswood, a municipal corporation, acting by and through its duly authorized officers,
hereinafter called the "local government."
W I T N E S S E T H
WHEREAS, the State owns and operates a system of highways for public use and benefit,
including FM 518 and FM 2351, in Galveston, County; and
WHEREAS, the local government has requested the temporary closure of FM 518 (S.
Friendswood Drive) between S. Shadowbend and FM 2351 & FM 2351 ON. Edgewood Drive)
between FM 518 and Sunset Drive for the purpose of Youth Sports Day Parade, from 9:00
a.m., Saturday, March 26, 2022 to 9:45 a.m., Saturday, March 26, 2022 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 7th day f February, 2022, the Friendswood City Council passed
Resolution / Ordinance No. — O _, 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:
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.
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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 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
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
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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.
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
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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
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 Friendswood
Morad Kabiri, City Manager
910 S. Friendswood Drive
Friendswood, TX 77546
State:
Texas Department of Transportation
Eliza C. Paul, P.E.
District Engineer
Houston District
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.
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Each party is signing this agreement on the date stated beside that party's signature.
THE CITY OF FRIENDSWOOD
Executed on behalf of the local government by:
By Date v o
y Offic' � ,vNDSW
Typed or Printed Name and Title Morad Kabiri pO
City Manager
1 S ,
r^
V J
STA TE O�
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
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Exhibit A
Temporary closure of the Following segments of State Right of Way for the Youth Sports; Day
Parade to be held on Saturday, March 26, 2022.
FM 518 (S. Friendswood Drive) between S. Shadowbend and FM 2351 & FM 2351 (W.
Edgewood Drive) between FM 518 and Sunset Drive from 9:00 a.m. to 9:45 a.m.
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Exhibit B
See attached Resolution
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Exhibit C
See attached Traffic Control Plan and Map
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ysNpsW?
*' TM City of Friendswood
�r E P's �
Traffic Control Plan
" Friendswood Youth Sports Day Parade"
Saturday, March 26, 2022
Farm to Market Traffic Stopping Points
NOTE: As the parade approaches FM 2351, traffic will be stopped along FM 2351 to
allow the parade to travel to Stadium Drive.
FM 518 (South Friendswood Drive)
Intersection of FM 2351 and FM 518
Traffic will not be allowed to travel southbound on FM 518. Traffic will be allowed to go east or
west bound on FM 2351. Traffic traveling westbound FM 2351 can take Sunset Drive to FM
528 and back to FM 518. Traffic on eastbound FM 2351 can take Blackhawk Blvd. to FM 528
and back to FM 518. As the parade approaches the intersection, traffic will be stopped in all
directions to let the parade pass. After the parade clears the intersection, traffic on FM 518 will
be released to follow and westbound traffic be routed onto FM 518.
Traffic will be stopped from traveling northbound on FM 518. Traffic will be allowed to travel
down E. Shadowbend to Morningside to Heritage Drive to Pecan Drive to FM 2351. The reverse
route will allow traffic from FM 2351 southbound back to E. Shadowbend and FM 518.
Intersection of FM 2351 at Sunset Drive
When the parade begins, eastbound traffic will be routed down Sunset Drive to West
Shadowbend Avenue to FM 518.
When the end of the parade turns onto Stadium Drive, traffic will be released at the intersection
of FM 2351 and Sunset Drive.
Barricade and traffic cones will be used at intersections on FM 2351 and FM518 and secondary
streets to help control traffic along the parade route.
Side streets and parking lots' entrance/exits between above traffic stopping points will be
monitored by officers' assigned intersections, bicycle officers and officers assigned to vehicles.
Police Department • 1600 Whitaker Drive • Frieudswood, Texas 77546-4177 • Fax (281) 482-9318
Office of the Chief • Administration and Records • Public Safety Communications Center
(281) 996-3313 (281) 996-3318 (281) 996-3300
Northbound Traffic on FM 518 at E. Shadowbend
Northbound traffic on FM 518 will be directed down E. Shadowbend. Traffic can turn north
onto Morningside to FM 2351. Traffic can turn back northbound onto FM 518.
FM 518 traffic will be stopped ten (10) minutes prior to parade start time. (9:00 am)
Note: FM 518 northbound lane will be kept clear of traffic for emergency traffic only.
Information Posting (Minimum 10 days in advance of event)
City of Friendswood Traffic Information Radio Station, 1650 AM
City of Friendswood Electronic Bill Board, Stevenson Park on FM 518
Civic Engage email notification
Other news media/Facebook/Twitter
Contact Persons
Capt. Dennis Senter, Police Patrol Commander 281-996-3321
Lt. James Price Parade Master 281-996-3371
24 Hour Dispatch
281-996-3300
2
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Traffic Control Plan
"Friendswood Youth Sports Day Parade"
Saturday, March 26, 2022
Farm to Market Traffic Stopping Points
NOTE: As the parade approaches FM 2351, traffic will be stopped along FM 2351 to
allow the parade to travel to Stadium Drive.
FM 518 (South Friendswood Drive)
Intersection of FM 2351 and FM 518
Traffic will not be allowed to travel southbound on FM 518. Traffic will be allowed to go east or
west bound on FM 2351. Traffic traveling westbound FM 2351 can take Sunset Drive to FM
528 and back to FM 518. Traffic on eastbound FM 2351 can take Blackhawk Blvd. to FM 528
and back to FM 518. As the parade approaches the intersection, traffic will be stopped in all
directions to let the parade pass. After the parade clears the intersection, traffic on FM 518 will
be released to follow and westbound traffic be routed onto FM 518.
Traffic will be stopped from traveling northbound on FM 518. Traffic will be allowed to travel
down E. Shadowbend to Momingside to Heritage Drive to Pecan Drive to FM 2351. The reverse
route will allow traffic from FM 2351 southbound back to E. Shadowbend and FM 518.
Intersection of FM 2351 at Sunset Drive
When the parade begins, eastbound traffic will be routed down Sunset Drive to West
Shadowbend Avenue to FM 518.
When the end of the parade turns onto Stadium Drive, traffic will be released at the intersection
of FM 2351 and Sunset Drive.
Barricade and traffic cones will be used at intersections on FM 2351 and FM518 and secondary
streets to help control traffic along the parade route.
Side streets and parking lots' entrance/exits between above traffic stopping points will be
monitored by officers' assigned intersections, bicycle officers and officers assigned to vehicles.
Police Department • 1600 Whitaker Drive • Friendswood, Texas 77546-4177 • Fax (281) 482-9318
Office of the Chief Administration and Records • Public Safety Communications Center
(281) 996-3313 (281) 996-3318 (281) 996-3300
Northbound Traffic on FM 518 at E. Shadowbend
Northbound traffic on FM 518 will be directed down E. Shadowbend. Traffic can turn north
onto Momingside to FM 2351. Traffic can turn back northbound onto FM 518.
FM 518 traffic will be stopped ten (10) minutes prior to parade start time. (9:00 am)
Note: FM 518 northbound lane will be kept clear of traffic for emergency traffic only.
Information Posting (Minimum 10 days in advance of event)
City of Friendswood Traffic Information Radio Station, 1650 AM
City of Friendswood Electronic Bill Board, Stevenson Park on FM 518
Civic Engage email notification
Other news media/Facebook/Twitter
Contact Persons
Capt. Dennis Senter, Police Patrol Commander 281-996-3321
Lt. James Price Parade Master 281-996-3371
24 Hour Dispatch
281-996-3300
2
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