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Ord. 0959 03-27-00ORDINANCE NO. 959 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, INCREASING THE FEE CHARGED FOR THE INSTALLATION OF BANNERS ACROSS FM 518 AND STATE HIGHWAY 35; HAVING A SAVINGS CLAUSE; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Pearland has in the past installed banners across FM 518 or State Highway 35 for organizations upon proper application and the payment of a fee in the amount of $50.00; and WHEREAS, the City wishes to continue to facilitate such displays for organizations that request them; and WHEREAS, the City's bucket truck that in the past was used to install such banners is now inoperable and it would cost the City $250.00 to rent a replacement bucket truck for each installation; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the fee to be charged organizations desiring to have the City of Pearland install and remove a banner across FM 518 or State Highway 35 is hereby increased to $300.00, payable in full at the time of application. Section 2. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed 1 ORDINANCE NO. 959 a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 5. Effective Date. The Ordinance shall become effective immediately upon approval of its second and final reading. PASSED and APPROVED on First Reading this the nth day of March , A. D., 2000. TOM REID MAYOR PASSED and APPROVED on Second and Final Reading this the 27th day of March , A. D., 2000. 2 TOM REID MAYOR ORDINANCE NO. 959 ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 3 MEMO TO: YOUNG LORFING, CITY SECRETARY FROM: ED HERSH, DIRECTOR OF PARKS & RECREATION DATE: FEBRUARY 21, 2000 SUBJECT: HANGING OF BANNERS ON FM 51$ AND SH 35 lEg1194) FEB 2 2 2000 CITY MViruvmuER Since January 3, 2000 we have had a moratorium placed on accepting applications to have banners hung on FM 518 and SH 35 since the City's bucket truck is out of commission. At this time, it is highly unlikely that we will be acquiring a new bucket truck. In an effort to try and accommodate organizations that desire to use banners on these two highways, we will rent a lift vehicle to install and take down their banners. The cost for this service is UISper banner. This fee will take place immediately for all new requests. All requests which were received and paid for prior to the moratorium will be honored at the old fee. Should you have any questions, please contact me. xc: G1ertErwin City Manger Greg Reynolds, Park Superintendent Beverly Antignolo, Parks Office Coordinator AGENDA REQUEST BUSINESS OF THE CITY COUNCIL CITY OF PEARLAND, TEXAS AGENDA OF: 3/13/00 ITEM NO. DATE SUBMITTED: 3/3/00 DEPARTMENT OF ORIGIN : LEGAL PREPARED BY: DARRIN COKER PRESENTOR: DARRIN M. COKER SUBJECT: BANNERS (FM 518 AND STATE HIGHWAY 35) EXHIBITS: ORDINANCE EXPENDITURE REQUIRED - n/a AMOUNT BUDGETED - n/a ACCOUNT NO. ADDITIONAL APPROPRIATION REQUIRED n/a ACCOUNT NO. FUNDS AVAILABLE n/a (Finance Department Approval) EXECUTIVE SUMMARY The City has in the past installed banners across FM 518 and State Highway 35 for organizations upon proper application and payment of a fee in the amount of $50.00. Unfortunately, the City's bucket truck that was previously used to install the banners is no longer operable, thus requiring the City to rent a lift vehicle in the amount of approximately $250.00. The proposed ordinance will allow the City to accommodate organizations by renting the vehicle and passing the additional cost to the organization requesting this special service. RECOMMENDED ACTION Consider Ordinance No. 959