HomeMy WebLinkAboutO-2000-2444 purchase/display of banners on Main St
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ORD:INANCE NO. 2000- ~4J./L/.
AN ORD:INANCE APPROV:ING AND AUTHOR:IZ:ING A CONTRACT BETWEEN THE C:ITY
OF LA PORTE AND THE LA PORTE MA:IN STREET ASSOC:IAT:ION, REGARD:ING THE
PURCHASE AND D:ISPLAY OF DECORAT:IVE BANNERS ON MA:IN STREET;
APPROPR:IAT:ING $6,000.00, TO FUND SA:ID CONTRACT; MAK:ING VAR:IOUS
F:IND:INGS AND PROV:IS:IONS RELAT:ING TO THE SUBJECT; F:IND:ING COMPL:IANCE
W:ITH THE OPEN MEET:INGS LAW; PROV:ID:ING AN EFFECT:IVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in SUbstantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
City Council appropriates the sum not to exceed
$6,000.00 from the Hotel/Motel Fund to fund said contract. The La
Porte Main Street Association has agreed to contribute a minimum of
$2,000.00 to fund the initial purchase of the banners.
section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The city Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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ORDINANCE NO. 2ooo-~~~4
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section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so. ordered.
PASSED AND APPROVED, this 23rd day of October, 2000.
CITY OF LA PORTE
BY:~
' rman . Ma e,
Mayor
ATTEST:
~(). J!Jl1I1
Mar ha A. Gillett,
City Secretary
AP~ Jd
Knox W. Askins,
City Attorney
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AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE MAIN
STREET ASSOCIATION REGARDING THE PURCHASE AND DISPLAY OF
DECORA TIVE BANNERS ON MAIN STREET
BECAUSE, the La Porte Main Street Association "Association" wishes to display decorative
banners "Banners" to attract visitors to the City of La Porte "City" and its various retailers and
amenities; and
BECAUSE, the Association has agreed to contribute a minimum of $2,000.00 to fund the initial
purchase of the Banners; and
BECAUSE, the City supports the Association and its efforts to attract visitors to the City as well
as patrons for local retailers; and
BECAUSE, the City has agreed to contribute an amount not to exceed $6,000.00 from the
HoteVMotel Fund to fund the remaining costs of the initial purchase of Banners; and
BECAUSE, Reliant Energy-Houston Lighting and Power "RE HL&P" has jurisdiction for the
street light standards "Standards" to support the Banners and has agreed to provide permission
for attachment of Banners to these structures, and
BECAUSE, the State of Texas Department of Transportation "TxDOT" regulates the use of
Main Street east of SH 146 under its jurisdiction and agrees to approve display of the Banners
over their right-of-way; and
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the
mutual covenants, agreements and benefits to both parties, it is agreed as follows:
I.
The Association and City will submit a written request for a permit from TxDOT for use of the
street right-of-way to display the Banners. The Association and City will enter into a formal
agreement with RE HL&P for use of the Standards. The City will agree to provide signed and
sealed engineer approved drawings of brackets to support these Banners according to RE HL&P
specifications.
II.
The City has provided final approval of banner design contingent on approval of design and
dimensions by RE HL&P and TxDOT. Any additional decorative banner designs or any change
in the existing decorative banner design shall comply with the same approval process as that for
original Banners.
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The Association shall be responsible for purchase of all Banners and shall submit to the
City M~nager's Office an invoice for the full amount of purchase with a cover letter requesting
City funds. The Association shall be responsible for notifying the City in writing of a need to
replace damaged or worn Banners. Both the Association and the City shall bear replacement
costs of Banners. The Association shall provide for storage of Banners.
III.
The City, Association, RE HL&P, and TxDOT have agreed to a display period of thirty
(30) days per quarter for Banners. Vendor to provide initial installation of Banners. The City
and Association will agree to provide for quarterly removal and reinstallation of Banners.
No organization other than the Association or City shall have use of the RE HL&P Standards for
display of Banners. The City shall reserve the right to have any or all Banners removed if
Standards are required for display of Christmas decorations.
IV.
This instrument contains the entire agreement between the parties relating to the rights herein
granted and the obligations herein assumed. Any representations or modifications concerning
this agreement shall be of no force or effect excepting a subsequent modifications in writing
signed by both parties hereto.
V.
This agreement will be in force for a period of one (1) year(s) with I-year renewal options. By
agreement of both parties, this agreement may be extended for the necessary period of time to
fund any future items for the improvement of Main Street.
IN TESTIMONY WHEREOF, this instrument has been executed in duplicate counterparts, each
to have the effect of an original as follows:
(A) It has been executed on behalf of the City on th~day of (Q('",,-Io1?Jp( , 2000,
by its City Manager and attested by its City Secretary, pursuant to an Ordinance
of the City Council of the City of La Porte, authorizing such execution; and
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(B) It has been executed on behalfofthe Association on the 1.1!!-day of5epiYfl , 2000,
by its President and attested by its Secretary, pursuant to authorization from the
Board Directors of the La Porte Main Street Association, authorizing such
execution.
CITY OF LA PORTE
By: G~T\~
Robert T. Herrera, City Manager
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ArrEST:
Approved:
'ii!101t:/!fJ.J, J/ffii)
Marth GIllett, CIty Secretary
LA PORTE MAIN STREET ASSOCATION
By: ~~ ~
Bobby Schle , PresIdent
ATTEST:
~- ~,,-'"-"- ~~~~~\C
Secret of Main Street Association
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AUG-10-1999 16:34
e HL&P BAYTOWN S/("'
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713 425 7370 P.02
Banner Agreement
This Agreement is made and effective as ofthe.~~day of _Qctober 2000 .x~
by and between Reliant Energy HL&P (HL&P) and T.;! 'Pnrh" Main Street /:l!'lsociation
RECITALS
. WHEREAS, M;!ln street AssQ.~ia~.;j,.9~d HL&P wish to enter into this
Agreement which will govern the installation of Banners on HL&P street ligJtt standards:
NOW, THEREFORE, in consideration oithe mutual covenants herein contained,
and intending to be legally bound, the parties hereto ~onsent and agree as follows:
1. Installation of Banners:
Main street Association
may arrange installation of up to two banners (the Banners) on each street light standard
owned by HL&P (the Standards) according to the following options.
Option 1. Single Arm Installation
The Banners win be secured along the top length by an arm affixed to the
. .
Standard by bolted galvanized or stainless steel pressure plates. Neither the Banner nor
any related hardware shall be affixed to the street light ann of the Standards. The
Banners will maintain a minimum clearance over the center line or any road or driveway
in accordance with the national Electrical Safety Code or local ordinance with a minimum
16 foot clearance. The Banners will maintain a. minimum 9 feet of clearance over
sidewalks. Necessary clearance will also be maintained with respect to traffic signals and
other equipment installed on the Standards. The banners will be designed with 2
permanent attaclunents at the top and one (1) breakaway attachments at the bottom. The
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bottom comer farthest from the pole will be allowed to wave freely. Bottom attachments
will be designed to breakaway at a wind load of 50 lbs. total. Stamped engineered
drawings .ofbreakaway detail to be approved by HL&P prior to final execution of this
agreement by HL&P. Main Street 1}.ssociation __ shall provide HL&P with five .
business days advance notice of new Banner installations. The maximum size of each
banner will be 2 feet in horizontal width and 4 feet in vertical length.
Option 2 Dual Arm Installation.
The Banners will be secured on both ends by an arm affixed to the Standard by
bolted galvanized or stainless steel pressure plates. Neither the Banner nor any related
hardware shall be affixed to the street light arm of the Standards. The Banners will
maintain a minimum clearance over the center line or: any road or driveway in accordance
with the national Electrical Safety Code or local ordinance with a minimum 16 foot
clearance. The Banners will maintain a minimum 9 feet of clearance over sidewalks.
Necessary cleaz:ance will also be maintained with respect to traffic signals and other
eq~ipment installed on the Standards. The banners will be designed with 2 permanent
attachments at the top and 2 breakaway attachments at the bottom. Bottom attachments
will be designed to breakaway at a wind load of 50 lbs. total. Stamped engineered
drawings of breakaway detail to be approved by HL&P prior to final execution of this
agreement by HL&P.
N/.A
shall provide HL&P with five
__.._0__-
business days advance notice of new Banner installations. The maximum size of each
banner will be 2 feet in horizontal width and 4 feet in vertical length.
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2. Review ofBaoner Desi~n and Specifications:
Main street Association _'_ ___agrees that a sample of the Banners
will be submitted to and'reviewed by HL&P prior to installation.
3. Location of Banners: The Banners shall be installed only upon ~tandards
located within the area designated by the governing agencies and indicated on the
attached map layout. Each location of installation will be identified by specific streetlight
number by the requesting party and approved for installation by H;L&P Lighting Design
and Services.
4. Removal 01 Banners: If the Banners are not installed in accordance with
this Agreement, or if m.&P determines, in its sole discretion, that the Banners are unsafe,
Main street Association will remove the Banners within 24 hours of
being notified by HL&P to do so. If
'~in S~~~~~ Association
fails to
remove the Banners within 24 hours of such notice, HL&P may remove the Banners
without liability to
HL&P
. In the event HL&P
determines that the Banners are unsafe due to the issuance by the National Weather
Service of a hurricane warning encompassing the Designated BBIUler Area, then HL&P
may immediately remove the Banners without prior notice to
Main Street Association . Should HL&P remove any Banners ~nder the
provision of this paragraph, Main Street A~ia~:i:~n agrees to
promptly reimburse HL&P for the actual cost of such removal.
5. Indemnification: The customer agrees to protect, defend, indemnify and
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'hold HL&P, its ~rpO.!affiliares. and their respective offici, directors, employees and
agents, free and harmless from and against any and all such claims, demands, causes of
action, suits or other litigation (including all costs thereof and attorney fees) of every kind
and character arising in favor of the customer or any third party (including, but no limited
to, personnel furnished by the customer or its suppliers and subcontractors of any tier) on
account of bodily injury, death or damage to or loss of property in any way occurring,
incident to, arising out of or in connection with the installation, maintenance or presence
of flags and banners on the non-standard street lights, where, and to the proportionate
extent that such damage or injury is caused by the sole, joint, concurrent, contributing or
comparative negligence or fault ofthe customer, any third party, or their respective
officers, directors, employees or agents. To secure this obligation, the custo.mer agrees to
obtain and maintain in effect a policy or policies of insurance with policy liauts of not
less than 51,000,000. Such policy or policies shall include HL~P as an additional
insured and shall include a waiver or subrogation in HL&P's favor. The customer shall
furnish a Certificate of Insurance ofHL&P prior to the installation of the flags/banners.
The customer shall cause its insurer( s) to provide to HL&P the same notice as insurer (s)
give to the customer regarding cancellation, non-renewal, change in coverage or policy
limits and other similar matters.
6. Term of A2Teements: This Agreement shall continue in effect until
terminated by either party upon 30 days advance written notice to the other party.
7. Notices: For purposes of this Agreement, notices and all other
communications. provided for herein shall be in writing and shall be deeme~ to have been
duly given when personally delivered Of, excep't with respect to the notice requirements of
paragraph 4 hereof" when mailed by United States registered or certified mail, return
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receiot reauested.. po~tage prepaid, addressed as follows:
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rfto Customer: Name
Address
Phone Number
J f to HL&P: Hoan Lighting & Power
P.O.Box 1700
Houston) TX 77251 .
. Attention: Carlton Porter
or to such other address as either party may have furnished to the other in writing in
accordance herewith, except tha~ notice of change of address shall be effective only upon
receipt. .
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and
delivered as of the day and year first above written.
By flo~. {)--' ~tL<
By__
T.a PortF! Ma; n ~t-,..",,,,+- 2I.~.c:o('; 9+-; on
Printed Name (J~,/ J?e4I~Printed Name
Title -I(A.6~L-; Title
Date: ~1,! /0 ~ Date:
HOUSTON LIGHTING & POWER COMPANY
By C~,4s
Printed Name M4t:rtJA/ 24Wr~
Title SuPL41/t $lJtIt. - l.,(;&,/~~~ ~-S,t:.,JI
Date:
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