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Ordinance No. 14,332ORDINANCE NO. 14,332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE 2020 BAYTOWN YOUTH FAIR AS A CITY CO -SPONSORED EVENT FOR WHICH OFF -PREMISES SIGNS WILL BE PERMITTED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************************** BE IT ORDAINED 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 4 hereof, the City Council of the City of Baytown hereby designates the Baytown Youth Fair and Livestock Association, Inc.'s 2020 Youth Fair as a City co -sponsored event for which off - premises 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 2: 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 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, 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 Baytown Youth Fair and Livestock Association, 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 3: 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 Baytown this the 271h day of February, 2020. A EST: r L TICIA BRYSCH, City lerk APPROVED AS TO FORM: ACIO RAMIREZ, SR. ty Attorney affirmative vote of the City Council of the City of BRANDON C ETIL ayor R:' Karen Files City Council Ordinances\2020\February 27 YouthFairBanners.docx y 4 ��MOlA�O