HomeMy WebLinkAboutResolution No. 2004-27 RESOLUTION NO. R2004-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AMENDING RESOLUTION NO. R92-8
PASSED AND APPROVED THE 17TH DAY OF MARCH, 1992, SAME
BEING A RESOLUTION ESTABLISHING STANDARDS AND
GUIDELINES FOR USE OF PUBLIC STREETS FOR DISPLAY OF
BANNERS, BY DELETING FROM SUCH RESOLUTION ADOPTED
THEREBY ALL OF SECTION 1(g) AND SUBSTITUTING THEREFOR A
NEW SECTION 1(g); BY DELETING FROM SUCH RESOLUTION
ADOPTED THEREBY ALL OF SECTION 1(i) AND SUBSTITUTING
THEREFOR A NEW SECTION 1(i); REPEALING ALL OTHER
RESOLUTIONS OR PARTS OF RESOLUTIONS INCONSISTENT OR IN
CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY.
* * * * * * * * * * * *
WHEREAS, the City Council of the City of Friendswood, Texas passed and approved
Resolution R92-8 on or about the 17th day of March, 1992 establishing standards and guidelines
for use of public streets for display of banners; and
WHEREAS, the City Council of the City of Friendswood, Texas desires to amend such
standards and guidelines as indicated in this resolution; now, therefare
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. City of Friendswood, Texas Resolution No. R92-8, passed and approved
the 17th day of March, 1992, is hereby amended deleting all of Section 1(g) adopted thereby and
substituting therefore a new Section 1(g)to provide as follows:
"g. No banner permitted hereby shall be erected except at Stevenson
Park across Friendswood Drive."
Section 2. City of Friendswood, Texas Resolution No. R92-8, passed and approved
the 17th day of March, 1992, is hereby amended deleting all of Section 1(i) adopted thereby and
substituting therefore a new Section 1(i)to provide as follows:
"i. The street banner use permit application has been approved by City
Council and a non-refundable fee of$25.00 has been paid."
Section 3. All other resolutions or parts of resolutions inconsistent or in conflict
herewith are, to the extent of such inconsistency or conflict, hereby repealed.
Section 4. In the event any section, paragraph, clause, phrase, provision, sentence, or
part of this Resolution or the application of the same to any person or circumstance shall for any
reason by adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall
not affect, impair, or invalidate this Resolution as a whole or any part or provision hereof other
than the part declared to be invalid or unconstitutional and the City Council of the City of
Friendswood, Texas, declares that it would have passed each and every part of the same
notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or
whether there be one or more parts.
PASSED,APPROVED,AND RESOLVED this the 15t� day of November 2004.
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Y�
<
imball W. Brizendine
Mayor
ATTEST:
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D loris McKenzie, T
City Secretary
2
EXHIBIT "A"
STREET BANNER USE PERMIT APPLICATION
DATE
CHARITABLE,NON-PROFIT
ORGANIZATION NAME
ADDRESS
MAILING ADDRESS
CONTACT NAME/PHONE PHONE
EFFECTIVE DATES THROUGH
BANNER TITLE
Banner Meets City of Friendswood Street Banner Requirements:
Applicant's Signature
Each banner shall be constructed of porous material of at least eighty percent(80%)
cotton mesh.
No banner shall be more than twenty-five feet (25') in width nor more than four feet (4')
in height, and shall have tie-down ropes connected to each corner.
No banner shall be permitted to be placed for a period in egcess of seven (7) consecutive
days, and banners shall not be permitted during periods before and during elections
when City "Vote" banners are in place.
No banner permitted shall be erected except at Stevenson Park across South
Friendswood Drive. The Street Banner Use Permit, License Agreement and Tezas
Department of Transportation Permit Application MUST BE submitted 30 days before
the event. Must attach original Certificate of Insurance with the City of Friendswood
shown as Additional Insured on the certificate.
The above charitable, non-profit organization has given proof that the banner is of a design and material
type acceptable to the City of Friendswood and is hereby approved for the City of Friendswood to connect
it to the designated poles. Mexico Power pursuaut to the City of Friendswood December 15, 2003
agreement with Texas New Mezico Power Company.
Revised 1/29/04
EXHIBIT "B"
LICENSE AGREEMENT FOR PLACE OF BANNER
ON PUBLIC STREET RIGHT-OF-WAY
This Agreement is made and entered into this day of ,20 ,
by and between the City of Friendswood, Tegas ("City"), and
("Licensee"), whose
principal office is located at
For and in consideration of the promises, covenants, terms, and provisions contained
herein,the parties hereby agree as follows:
1. City agrees to allow Licensee to use the location of Stevenson Park across South
Friendswood Drive for the purpose of placing a banner over and across
same. Licensee agrees to the placement of such banner in accordance with and
subject to the provisions of City of Friendswood Resolution No. R92-8 and R2004-27
and subject to Tezas Department of Transportation approval.
2. The term of the license granted hereby shall be for a period of seven (7) days,
commencing at and terminatin�
3. Licensee shall pay to the City a non-refundable fee of twenty five dollars
($25.00). All fees required hereunder shall be made to City prior to the issuance of a
street banner use permit.
4. Licensee shall agree to remove any banner placed pursuant to this Agreement
prior to the ezpiration of the license term
5. Payments to City hereunder for license fees shall be in cash, certified or
cashier's check, or by personal check if drawn on regional banks for which
verification of funds may be obtained .
6. Licensee shall conduct its activities surrounding and including the placement of
the banner as herein contemplated so as not to endanger any person or property,
and shall indemnify, save and hold harmless the City, its officers, agents, and
employees from and against any and all claims for losses, injuries, damages, and
liabilities to persons or property occasioned wholly or in part by the acts or omissions
of the Licensee, its agents, officers, employees, guests, patrons, or any other person in
any manner relating to or surrounding the placement of the banner contemplated
hereby, or in the performance of any act or any omission undertaken pursuant to or
in any manner related to the license granted hereby.
Revised 11/15/04
7. Upon termination of the license term, Licensee shall vacate the premises above
described and shall leave same in as good a condition as they were at the beginning of
the license term. For the purposes hereof the premise shall include that portion of
the public street right-of-way occupied for such purposes, and shall further include
any structure or facility of any public utility utilized in placing the banner pursuant
hereto.
8. Licensee shall maintain throughout the term of this Agreement and for such
additional periods as are necessary for Licensee to perform its obligations hereunder,
comprehensive general public liability insurance against claims for bodily injury or
death or damage to property occurring, resulting, or in any manner relating to
Licensee's use of City street right-of-way for the purposes contemplated hereby. Such
insurance shall be written by a company authorized to do business in the State of
Texas and shall be subject to the approval of City Council. Such policies of insurance
shall name the City as an additional insured, and shall be in amounts of not less than
the following: Bodily injury,per person $250,000, per occurrence $500,000; property
damage$100,000.
Evidence of insurance required hereunder shall be submitted to City prior to the
issuance of the street banner use permit.
EXECUTED in duplicate originals this day of ,20
CITY OF FRIENDSWOOD, TEXAS
By:
(Title)
LICENSEE
sy:
(Title)
Revised 11/15/04
� EXHIBIT "C"
ruas
Department
°,r'�^'°°"a"°^ Application for Use of State of Texas Right of Way
Form 2057 (8/2001)
(GSD-EPC) for Temporary Signs for Special Events
Page 1 of 2
Please print or type information
Date:
To the Texas Department of Transportation (TxDO�
c/o Area Engineer ,Texas
This form must be received at least 7 days prior to proposed use on the right of way.
Applicant proposes to place a
sign within the right of way of Highway Location
in County,Texas.
❑ Check here for placement of multiple signs and submit the information requested on the Supplemental Sheet.
The temporary structure/vehicle will be placed feet from the roadway and will have
the following characteristics:
Mounting Height Thickness
Sign Dimensions(Height,Width, Length)
Sign Material
Sign Support Dimensions
Sign Support Material
Proposed Te�
Background Color Legend Color
The right of way will be used FROM DATE TO DATE
(maximum of 60 days)and the nature of the event is
The sponsor of the event, if applicable, is
I will avoid or minimize impacts, and will, at my own expense, restore or repair damage resulting from this event.
I will be responsible for any damages or accidents that may occur during the term of this permit and save TxDOT and
the State of Texas harmless.
I will abide by all applicable federal, state and local environmental laws, regulations, ordinances, and any conditions
or restrictions required by TxDOT to protect natural and cultural resources of the right of way.
If this event causes hazardous traffic conditions to develop, I will cease the activity until corrective measures have
been implemented.
It is expressly understood that TxDOT reserves the right to enforce the terms and conditions that it may deem
necessary for the protection of the transportation facility and safety of the traveling public.
By signing below, I agree to the conditions/provisions included in this application. I am authorized to sign on the
behalf of the organization holding the event.
Applicant Mailing Address
By
Title City, State Zip
( ) -
Signature Area Code Telephone Number
Form 2057 (8/2001)
Page 2 of 2
Supplemental Sheet
Application for Permit Use of State of Texas
Right of way for Temporary Signs
This temporary sign will be placed feet from the edge of the roadway and wili have the foliowing characteristics:
Mounting Height Thickness
Sign Dimensions(Height,Width, Length)
Sign Material
Sign Support Dimensions
Sign Support Material
Proposed Text
Background Color Legend Color
This temporary sign will be placed feet from the edge of the roadway and will have the following characteristics:
Mounting Height Thickness
Sign Dimensions(Height,Width,Length)
Sign Material
Sign Support Dimensions
Sign Support Materiai
Proposed Text
Background Color Legend Color
This temporary sign will be placed feet from the edge of the roadway and will have the following characteristics:
Mounting Height Thickness
Sign Dimensions(Height,Width,Length)
Sign Material
Sign Support Dimensions
5ign Support Material
Proposed Text
Background Color Legend Color
This temporary sign will be placed feet from the edge of the roadway and will have the following characteristics:
Maunting Height Thickness
Sign Dimensions(Height,Width, Length)
Sign Material
Sign Support Dimensions
Sign Support Material
Proposed Text
Background Color Legend Color
This temporary sign will be placed feet from the edge of the roadway and will have the foilowing characteristics:
Mounting Height Thickness
Sign Dimensions(Height,Width, Length)
Sign Material
Sign Support Dimensions
Sign Support Materiai
Proposed Text
Background Color Legend Color