Ordinance No. 13,336ORDINANCE NO. 13,336
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING A VARIANCE TO CHAPTER 42 "HEALTH AND SANITATION,"
ARTICLE V "LIVE OUTDOOR EXHIBITIONS," SECTION 42 -286 "PERMIT
REQUIRED" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO
TIME LIMITATIONS AND DISTANCE REQUIREMENTS CONTAINED THEREIN
FOR THE CONCERT TO BE HELD IN CONJUNCTION WITH THE 2017
BAYTOWN YOUTH FAIR; DESIGNATING THE 2017 BAYTOWN YOUTH FAIR
AS A CITY CO- SPONSORED EVENT FOR ITS PERMITTED LIVE OUTDOOR
EXHIBITION AND FOR ITS OFF - PREMISE SIGNS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That contingent upon Baytown Youth Fair and Livestock Association, Inc.'s
receiving a permit for a live outdoor exhibition pursuant to Section 42 -286 of the Code of Ordinances, Baytown,
Texas, the City Council of the City of Baytown hereby grants the following variances to Chapter 42 "Health
and Sanitation," Article V "Live Outdoor Exhibitions," Section 42 -286 "Permit required" of the Code of
Ordinances, Baytown, Texas, for the Baytown Youth Fair and Livestock Association, Inc.'s 2017 Youth Fair
and Rodeo to be held at 7900 N. Main Street, Baytown, Texas, on April 21 -22, 2017:
1. A variance to waive the distance requirement, which required that live outdoor exhibitions be held at
least 500 feet from property used as a residence, school, hospital or church; and
A variance to extend the time limitation on the concert to be held in conjunction with the Baytown
Youth Fair to be held at the Baytown Fairgrounds from 11:00 p.m. on April 22, 2017, to 12:30 a.m. on
April 22, 2017.
Section 2: That contingent upon Baytown Youth Fair and Livestock Association, Inc.'s receiving a
permit for a live outdoor exhibition pursuant to Section 42 -286 of the Code of Ordinances, Baytown, Texas, the
City Council of the City of Baytown hereby designates the 2017 Baytown Youth Fair as a city co- sponsored
event for its live outdoor exhibition.
Section 3: That contingent upon the filing of the requisite application and the satisfaction of the
conditions specified in Section 4 hereof, the City Council of the City of Baytown hereby designates the Baytown
Youth Fair and Livestock Association, Inc.'s 2017 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. The exact location of the signs shall be approved by the City Manager.
Section 4: The erection of any banner on City property is expressly contingent upon the following:
a. CenterPoint Energy Houston Electric, LLC, approving the placement of the banner on its poles; and
b. Baytown Youth Fair and Livestock Association, Inc., tendering a letter agreement approved by the
City, in which the Lee College District 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,
neither the City nor CenterPoint Energy Houston Electric, LLC, shall 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 Lee College District shall indemnify and hold both the City and CenterPoint Energy Houston
Inc. shall indemnify and hold both the City and CenterPoint Energy Houston Electric, LLC,
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 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, such being a function of government.
Section 5: This ordinance 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 vote 6�"the City Council of the City of
Baytown this the 27"' day of October, 2016. /'�
ATTE
LETICIA BRYSCH, City rk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., City o ey
STEPHEN H. DONCARLOS,
fl,F of
R:1- ,Karen,Files',City Council` Ordinances\2016`• October27' ,,Variances4BaytownYouthFair.doc
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