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(a) An applicant may not submit a request to extend a streetlight pole banner permit earlier than two weeks prior to the expiration of an existing streetlight pole banner permit.
(b) A streetlight pole banner permit may be extended in additional 60-day increments based upon availability of the streetlight poles.
(c) Streetlight pole banner permits may be extended for a maximum of one year.
(d) The director shall assess all applicable streetlight pole banner fees in 60-day increments.
(e) This section does not apply to a public improvement district annual streetlight pole banner permit. (Ord. 31144)
(a) A person installing a streetlight pole banner shall procure and keep in full force and effect insurance written by an insurance company approved by the State of Texas and acceptable to the city and issued in the standard form approved by the Texas Department of Insurance. All provisions of each policy must be acceptable to the city. Each policy must name the city and its officers, employees, and appointed representatives as additional insureds. The coverage provisions of each policy must provide coverage for any loss or damage that may arise to any person or property by reason of the installation of the streetlight pole banner by the applicant.
(b) Insurance required under this article must include a cancellation provision in which the insurance company is required to notify the director in writing not fewer than 30 days before cancelling the insurance policy or before making a reduction in coverage.
(c) Insurance is required in the following types and amounts:
(1) Commercial general liability insurance must be provided with combined single limits of liability for bodily injury and property damage of not less than $1,000,000 for each occurrence with a $2,000,000 annual aggregate.
(2) Business automotive liability insurance covering owned, hired, and non-owned vehicles, with a combined single limit for bodily injury (including death) and property damage of $1,000,000 per occurrence.
(3) Worker's compensation insurance with statutory limits.
(4) Employer's liability insurance with the following minimum limits for bodily injury by:
(A) accident, $1,000,000 per each accident; and
(B) disease, $1,000,000 per employee with a per policy aggregate of $1,000,000.
(5) Umbrella liability insurance following the form of the primary liability coverage described in Subsection (a) and providing coverage with minimum combined bodily injury (including death) and property damage limit of $1,000,000 per occurrence and $1,000,000 annual aggregate.
(d) In addition to the insurance requirements of Subsection (c) of this section, the director may require additional insurance for a streetlight pole banner if such additional insurance is recommended by the city's risk manager as being necessary for the protection of the city or the public health, safety, and welfare.
(e) If a facility or other property owned or managed by the city is subject to both the insurance requirements of this chapter and insurance requirements established by another city ordinance, an official city action, a city lease or use agreement, or other applicable law, then the insurance requirements with the greater limits and coverages must be met to erect a streetlight pole banner at the facility or property.
(f) A streetlight pole banner permit will not be issued until the insurance requirements have been verified by the city's designated third-party provider. (Ord. 31144)
(a) In general.
(1) Except as provided for a streetlight pole banner in a special provision sign district in Chapter 51A of this code, streetlight pole banners must comply with the requirements in this section. If there is a conflict between a requirement in this section and a requirement for a streetlight pole banner in a special provision sign district in Chapter 51A, the requirement in Chapter 51A prevails.
(2) A streetlight pole banner must be in general compliance with the streetlight pole design manual published by the office of special events.
(3) The sign hardware for a streetlight pole banner may be left in place between displays of a banner.
(4) A streetlight pole banner and its sign hardware must:
(A) be mounted on a streetlight pole;
(B) be at least 12 feet above grade, unless it overhangs a roadway, in which case it must be at least 15 feet above grade;
(C) be made out of weather resistant and rust proof material especially designed for outdoor use;
(D) be printed on both sides of material;
(E) not be illuminated;
(F) not project more than three feet from the pole onto which it is mounted;
(G) not exceed 25 square feet in effective area;
(H) not obstruct the view of traffic or any traffic control devices or impede or endanger the flow of traffic; and
(I) not interfere with emergency equipment, including fire, police, medical, electrical, commercial vehicles and trucks, or bus transportation.
(5) The maximum number of streetlight pole banners is two per pole, with each banner on one opposite side of the pole.
(b) Public improvement districts.
(1) This section applies only to public improvement district management corporations.
(2) District identification banners are defined as long-term banners that identify a geographic location or place of interest. Streetlight poles must be located within the defined geographic boundaries of the public improvement district.
(3) Streetlight pole banner permits granted to a public improvement district management corporation must comply with the standards in this subsection and will be issued on an annual basis.
(4) District identification banners are excluded from all permit application processing fees.
(5) Public improvement district have first right-of-refusal for streetlight poles previously permitted to a public improvement district before being reissued to an applicant other than that of the public improvement district management corporation; however, an active permit must be maintained by the public improvement management corporation to prevent poles from being reissued to another entity. (Ord. 31144)
(a) The director shall deny a streetlight pole banner permit if:
(1) the applicant fails to meet any of the requirements outlined and defined in the preliminary letter;
(2) the applicant fails to provide proof that the applicant possesses or is able to obtain a license or permit required by another city ordinance or other applicable law for the conduct of all activities included as part of the installation, maintenance, or removal of the streetlight pole banners;
(3) the applicant has had a streetlight pole banner permit revoked within the preceding 14 months;
(4) the applicant has received, within the preceding 14 months, two or more notices of violations or citations related to a provision of a streetlight pole banner permit or this chapter;
(5) the chief of the police department, the chief of the fire-rescue department, or the director determines that the installation, maintenance, or removal of the streetlight pole banners would pose a serious threat to the public health, safety, or welfare;
(6) the applicant or any other person responsible for the installation, maintenance, or removal of the streetlight pole banners is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or other person; or
(7) the applicant has a history of conducting the installation, maintenance, or removal of streetlight pole banners in a disorderly or unsafe manner.
(b) The director shall revoke a streetlight pole banner permit if:
(1) the applicant fails to comply with, or the streetlight pole banners are in violation of any provision of the streetlight pole banner permit, a city ordinance, or any other applicable law;
(2) the permit holder made a false statement or omission of material fact on an application for a streetlight pole banner permit;
(3) the chief of the police department, the chief of the fire-rescue department, or the director determines that the installation, maintenance, or removal of the streetlight pole banners pose a serious threat to the public health, safety, or welfare;
(4) the permit holder fails to maintain public order in and around the installation, maintenance, or removal of the streetlight pole banners;
(5) the permit holder failed to pay any outstanding fees assessed under Section 42A-6 of this chapter for the installation, maintenance, or removal of the streetlight pole banners; or
(6) the director is notified that the permit holder or any other person responsible for the conduct or sponsorship of the installation, maintenance, or removal of the streetlight pole banners is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the permit holder or other person. (Ord. 31144)