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Ordinance No. 11,332ORDINANCE NO. 11,332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING BAYSHORE FINE RIDES, INC., TO PLACE A BANNER ACROSS GARTH ROAD ADVERTISING THE 22ND ANNUAL CAR SHOW, WHICH IS A CITY CO- SPONSORED EVENT, CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION AND AN ASSUMPTION OF LIABILITY: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS. on October 8. 2009, the City Council approved Ordinance No. 11,219. which designated the 22nd Annual Car Show to be held on April 9th and 10th, 2010, as a City co- sponsored event; and WHEREAS, such ordinance authorized the placement of banners across Decker Drive and W. Texas Avenue 14 days before the event and 3 days after the event; and WHEREAS, Bayshore Fine Rides, Inc., would like to also place a banner across Garth Road under the same terms and conditions 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; and WHEREAS, subject to the conditions stated herein, the City Council desires to allow Bayshore Fine Rides, Inc., to place a banner across Garth Road, which banner is in addition to the previously authorized banners across Decker Drive and W. Texas Avenue; and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That pursuant to Chapter 118 "Signs," Article III "Regulations," Division 4 "Location," Subdivision IV "Oft- Premises Signs," Section 118 -358 `New Signs' of the Code of Ordinances, Baytown, Texas , and contingent upon the tiling 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 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 2: The erection of the banner on City property is expressly contingent upon the following: Bayshore Fine Rides. Inc.. tendering a letter agreement approved by the City, in which the Bayshore Fine Rides, 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 Bayshore Fine Rides, Inc., shall indemnify and hold the City, its officers agents and employees harmless against all such claims, losses, demands, suits and judgments, but the Bayshore Fine Rides. 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: 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 vot f the City Council of the City of Baytown, this the 25th day of March, 2010. o� gpY �'Oh►,�, ca ST ALISHA BRINSFIELD, Deputy City Clerk APPROVED AS TO FORM: L-0 WIRFAIN • I STE,HEN H. DONCARLOS, Mayor RAKaren \Piles \City Council \Ordinances\20I March 25\ FineR ides BannerAuthorization .doc