CC Resolution No. 2343RESOLUTION NO. 2343
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DESIGNATING THE 2015 BAYTOWN YOUTH FAIR AS A CITY
CO-SPONSORED EVENT FOR WHICH OFF -PREMISE SIGNS MAY BE
PLACED ON CITY PROPERTY PURSUANT TO CHAPTER 118 "SIGNS,"
ARTICLE III "REGULATIONS," DIVISION 4 "LOCATION," SUBDIVISION
IV "OFF -PREMISES SIGNS," SECTION 118-358 "NEW SIGNS" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE
FILING OF THE REQUISITE APPLICATION AND ASSUMPTION OF
LIABILITY; DESIGNATING PROPERTIES ON WHICH SUCH SIGNS MAY
BE PLACED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That contingent upon the filing of the requisite application and the
satisfaction of the conditions specified in Section 2 hereof, the City Council of the City of
Baytown hereby designates the 2015 Baytown Youth Fair as a City co-sponsored event for
which off -premise signs may be placed on City property pursuant to Chapter 118 "Signs,"
Article III "Regulations," Division 4 "Location," Subdivision IV "Off -Premises Signs," Section
118-358 "New Signs" of the Code of Ordinances, Baytown, Texas.
Section 2: The erection of any banner on City property is expressly contingent upon
the following:
Baytown Youth Fair and Livestock Association, Inc., tendering a letter agreement
approved by the City, in which the Baytown Youth Fair and Livestock
Association, Inc., assumes the liabilities for the banner to the same extent that the
City would assume the same as detailed in Section 15 of Ordinance No. 10,398.
Specifically, the City shall not be responsible to any party or parties whatsoever
for any claims, demands, losses, suits, judgments for damages or injuries to
persons or property by reason of the construction, maintenance, inspection or use
of the poles, and the Baytown Youth Fair and Livestock Association, Inc., shall
indemnify and hold the City, its officers, agents and employees harmless against
all such claims, losses, demands, suits and judgments, but the Baytown Youth
Fair and Livestock Association, Inc., shall not, by reason of the letter agreement,
admit primary liability to any third party by reason of its operation and use of
such banners.
Section 3: That contingent upon the filing of the requisite application and the
conditions expressed in Section 2, the City Council of the City of Baytown hereby permits a
banner to be placed across Garth Road, Decker Drive and N. Main Street commencing 14 days
prior to the event and three days following the event. The exact placement of the signs on the
above -referenced properties must be approved by the City Manager.
Section 4: This resolution shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by the affirmative ote of the City Council of the
City of Baytown this the 26th day of February, 2015.
S PHEN H. DONCARLOS, Ma or
ATTEST:
LETICIA BRYSCH, ity Clerk
APPROVED AS TO FORM:
140
4N—A—C 1-0 RAMIREZ, SR., t Attorney
R:' KarenlFiles' City Council"Resolutions\2015\February 26' BaytownYouthFairBanners.doc
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BAYTOWN CITY OF BAYTOW\
LEGAL DEPARTMENT 2401 Market street•P.O.Box 424
Baytown,Texas 77522-0424
(281)420-6505•(281)420-6586 Fax
February 27,2015
Baytown Youth Fair and Livestock Association
Attn:Brenda Moore
7900 N.Main Street
P.O.Box 621
Baytown,TX 77522
Re: Banners concerning the 2015 Baytown Youth Fair
Dear Ms.Moore:
As you are aware, on February 26, 2015, the City Council of the City of Baytown passed Resolution No.
2343 which designated the 2015 Baytown Youth Fair as a city co-sponsored event for which off-premise
signs may be placed on city property pursuant to Chapter 118 "Signs,"Article III"Regulations,"Division
4 "Location," Subdivision IV "Off-Premises Signs," Section 118-358 "New Signs" of the Code of
Ordinances, Baytown, Texas, contingent upon the filing of the requisite application and an assumption of
liability. With respect to the assumption of liability arising out of or in connection with banners placed
on the City's rights-of-way by Baytown Youth Fair and Livestock Association (the "Association"), the
Association and the City agree as follows:
1. City's Obligations
1.01 The City shall permit the Association to use, free of charge, its property for decorative
banners concerning the 2013 Baytown Youth Fair across Garth Road, Decker Drive and
N.Main Street(the`Banners")in accordance with Resolution No.2343.
2. Association's Obligations
2.01 The Association agrees to file a permit application with the City Clerk for the placement
of the Banners at the locations described hereinabove.
2.02 The Association shall not place any Banners on the City's property until it has received
all requisite permits from the City. The Association shall at all times during the term of
this Agreement comply with all applicable federal, state and local laws pertaining to the
installation,placement and maintenance of the Banners.
2.03 The Association shall at all times exercise reasonable precautions for the safety of
officers, agents, employees, volunteers, and others when installing and maintaining the
Banners and shall comply with all applicable safety laws, rules and regulations. The
safety precautions actually taken and their adequacy shall be the sole responsibility of the
Association.
2.04 Notwithstanding any provisionAgreement,in this A reement, it is
further agreed that neither the City nor CenterPoint shall be
responsible to any party or parties whatsoever for any claims,
07-?(
Baytown Youth Fair and Livestock Association
Banner Letter Agreement
February 27,2015
Page 2
demands, losses, suits, judgments for damages or injuries to
persons or property by reason of the construction, maintenance,
inspection or use of the Banners belonging to the Association and
constructed on City property upon CenterPoint's poles or street
light poles or in its ducts, and the Association shall indemnify and
hold the City and CenterPoint harmless against all such claims,
losses, demands, suits and judgments, to the extent permitted by
the Texas Constitution and Texas Tort Claims Act, but the
Association does not, by this Agreement, admit primary liability
to any third party by reason of the Association's operation and
use of the Banners, such being a function of government.
2.05 The Association agrees to remove the Banners on or before May 2,2015.
3. Term
The term of this Agreement shall begin on the date signed by the City Manager and shall continue
in full force and effect until the Banners are removed; provided that the assumption of liability
expressed in Section 2.04 shall not so terminate or expire.
4. General Conditions
4.01 Neither the City nor the Association shall sell, assign, or transfer any of its rights or
obligations under this Agreement in whole or in part during the term hereof.
4.02 Notwithstanding anything to the contrary contained in this Agreement, the City and the
Association hereby agree that no claim or dispute between the City and the Association
arising out of or relating to this Agreement shall be decided by any arbitration proceeding
including, without limitation, any proceeding under the Federal Arbitration Act(9 U.S.C.
Sections 1-14), or any applicable State arbitration statute, including, but not limited to,
the Texas General Arbitration Act,provided that in the event that the City is subjected to
an arbitration proceeding notwithstanding this provision, the Association consents to be
joined in the arbitration proceeding if the Association's presence is required or requested
by the City for complete relief to be recorded in the arbitration proceeding.
4.03 Failure of either party hereto to insist on the strict performance of any of the agreements
herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce by an
appropriate remedy, strict compliance with any other obligation hereunder to exercise any
right or remedy occurring as a result of any future default or failure of performance.
4.04 This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas, regardless of the place of its execution or
performance. The place of making and the place of performance for all purposes shall be
Baytown,Harris County,Texas.
Baytown Youth Fair and Livestock Association
Banner Letter Agreement
February 27,2015
Page 3
4.05 All parties agree that should any provision of this Agreement be determined to be invalid
or unenforceable, such determination shall not affect any other term of this Agreement,
which shall continue in full force and effect.
4.06 In the event of any ambiguity in any of the terms of this Agreement, it shall not be
construed for or against any party hereto on the basis that such party did or did not author
the same.
4.07 This Agreement together with Resolution No. 2343 contains all the agreements of the
parties relating to the subject matter hereof and is the full and final expression of the
agreement between the parties. This Agreement shall not be amended or modified
without the express written consent of both parties hereto.
Should the above-referenced terms and conditions be acceptable to the Association,please sign in
the space provided hereinbelow. Thereafter, I will present it to the City Manager for approval. Should
you have any questions or if I may be of any assistance, please do not hesitate to contact me. Thank you
for your assistance in this matter.
Sincerely,
4.1 io Ramirez, Sr.
City Attorney
AGREED:
Baytown Youth Fair and Livestock Association
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