Loading...
HomeMy WebLinkAboutIR 8377 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8377 OP Date: Jan. 15, 2002 To the Mayor and Members of the City Council Page 1 of 1 1675 SUBJECT: Banner Policy Clarification The purpose of the Banner Policy and Procedures is to govern the placement of banners on the City's metal street light poles within the rights-of-way for the purpose of promoting non/not-for-profit organizations, special events and/or exhibits held by an organization. The Department of Transportation and Public Works (TPW) Street Management Section administers the policy. Applications for a Temporary Banner Permit must be submitted to the Traffic Engineer by the organization at least four weeks prior to the date(s) being requested. The Traffic Engineer (or Designee) reviews the application for completeness to ensure all requirements are met. Section 1-67 Approval Authority, gives the Director of T/PW or his/her designee sole authority to approve banner applications (including design/content, location and installation dates) and issue a Banner Permit. Dual requests for temporary banner permits are addressed in section 1-63, Submission Requirements (C), which states that the application with the earliest postmark will be given first consideration, unless one of the organizations has received prior approval, in which case they will retain -first right of refusal. For further clarification regarding dual requests, a parenthetical sentence has been inserted on page 3 under section 1-67, Approval Authority, to explain that the Director has the right to give priority to organizations with long-standing events reflecting the historical character of Fort Worth regardless of the date of their request. Attached for your information you will find a copy of the Banner Policy and Procedures with the added statement for clarification under section 1-67 highlighted. Should you have any questions or need additional information, please do not hesitate to contact Hugo Malanga at 817-871-7800. garyJack on City Manager ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS City of Fort Worth Banner Policy and Procedures Department of Transportation and Public Works 1-60 PURPOSE The purpose of this policy is to govern the placement of banners within the rights of way(ROW) of the City of Fort Worth(the "City'). This policy will be administered by the Department of Transportation and Public Works (TPW). 1-61 ELIGIBILITY Only a non/not-for-profit organization (hereinafter referred to as "Organization") may request permission to place banners within the public ROW for the purpose of promoting the Organization or a special event and/or exhibit held by the Organization. If promoting an event/exhibit, it must be held in Fort Worth and be open to the public, or of common interest to the general community, or recognize and/or contribute to the cultural fabric of the City. Such events/exhibits may include (but are not limited to): an arts, entertainment, or education related activity; a public social occasion; a sports contest; or a public concert. 1-62 VERTICAL BANNERS Vertical banners are suspended from rods and brackets attached to metal street fight poles ('po!es") located in the ROW. Poles bearing traffic-signals are excluded. A. General Requirements- Vertical banners must: 1. Measure no more than thirty inches (wide) by eight feet (tall) (3011 X 8'). 2. Be installed using approved rods placed in metal brackets. 3. Be displayed so that no portion of the banner is within less than twelve feet (12') of the pavement surface. 4. Not extend more three and one-half(3 %) feet from the pole. 5. Not be displayed on poles contiguous with or within 50 feet of property currently utilized as "Residential" or property zoned "Residential" under the City's zoning ordinance. B. On Site Banners -- "On Site Banners" refer to banners mounted on poles contiguous to property owned by the Organization. Property which is owned by the Organization but used for a purpose other than that for which the Organization was created (ie. leased to a "for-profit") is excluded. Banners may be placed on poles located in the median of a roadway provided that the property on each side of the ROW meets the criteria of this section. On Site Banners will be permitted for a period not to exceed one calendar year, subject to annual application. On Site Banners may be used for general promotion of the Organization or promotion of special events/exhibits to be held on a specific date (or dates). C. Off Site Banners -"Off Site Banners" refer to banners mounted on poles which are not contiguous to the property owned by the Organization. Off Site Banners are restricted to promotion of special events/exhibits to be held on a specific date (or dates). These banners may be displayed no more than 6 weeks prior to the start of the event/exhibit and must be removed within 5 working days of the completion of the event/exhibit. In no case will banners be displayed for more than 90 days. 1-63. SUBMISSION REQUIREMENTS An Organization requesting permission to place banners in the ROW must complete the Application for Temporary Banner Permit (the Application). The Application and supporting documents must be submitted to the City Traffic Engineer (or designee) at least four weeks prior the to the date(s) being requested. The City Traffic Engineer (or designee) will review the Application for completeness to ensure all requirements are met. The Application must: A. State the purpose of the organization and event being promoted (if applicable). B. State the dates and times banners will be installed, displayed, and removed; and, if applicable, the date(s) of the special event/exhibit. C. State the location and number of banners, specifically banner/street light pole locations. In the event of dual requests, the application with the earliest postmark will be given first consideration, unless one of the Organizations has received prior approval in which case they will retain first right of refusal. D. Include a color sample of the banner design/content. E. Include a check made payable to the City of Fort Worth for all applicable deposits and fees (see sections 1-64 & 1-65). F. Include Certificates of Insurance as required by section 1-66. 1-64. DEPOSIT A $300 deposit is required to cover costs to the City in case of non- compliance (i.e., Organization's failure to remove banners, pole is damaged, etc.). The deposit must accompany the application. The deposit will be refunded if (a) the request is denied, or (b) the Organization has complied with all requirements (including removal of the banners by the stated removal date) and an inspection by City reveals there has been no significant damage to the poles. 1-65 FEES The Organization will be responsible for a program fee of$100. In addition the Organization will submit payment of a pole rental fee. The pole rental fee is calculated based upon the presence and size of any logo or trademark of a for-profit entity: The fee is calculated as follows: 1. No logos/trademarks: $10 per pole 2. Logos/trademarks comprising no more than 5% of banner size: $25 per pole or $1,000, whichever is greater. 3. Logos/trademarks comprising more than 5% but in no case more than 10% of banner size: $50 per pole or$2,000, whichever is greater. All fees will cover the period for which the Banner Permit is granted and will not be applied to any Permit renewals. The program fee is required to offset the cost of administering the banner policy. Pole rental fees will be. used to cover maintenance and minor repair costs (painting, etc.) required due to "wear and tear" on the poles. The pole rental fee will be refunded to the Organization if, (a) the application is denied or (b) the request is approved but banners are not hung. 2 1-66 INSURANCE REQUIREMENTS Al! insurance requirements must be met before the Banner Permit is issued. The following insurance must be documented on a certificate of insurance, with the City named as the Certificate Holder. A. Commercial General Liability in the amount of$1,000,000, per occurrence; $1,000,000 annual aggregate B. The City shall be endorsed on the policy as an additional insured as its interests may appear. C. The policy shall be endorsed to provide a thirty (30) days notice of cancellation or non- renewal to the City. 1-67 APPROVAL AUTHORITY The Director of TPW ("the Director"), or his/her designee, shall have sole authority to approve banner applications (including design/content, location and installation dates) and issue a Banner Permit. The appropriate City Council Committee may, upon written request from the Organization to the Director, consider an Application which has been denied by the Director (for reasons of policy non-compliance). (T/PW Director reserves the right to grant approval to those organizations with established events and to give priority to those organizations with longest seniority and who reflect the historical character of Fort Worth.) TPW will administer and manage the program (ie. Permit issuance, record keeping, collection of deposits/fees, and pole maintenance). 1-68 INSTALLATION In order to minimize the effect on traffic flow, banners, rods and brackets must be installed on weekdays between 9:00 a.m. and 4:00 p.m. or during daylight hours on weekends. Nighttime installation is prohibited. Banners may only be installed on metal street light poles by a contractor licensed and bonded to work in the City ROW. Banners may only be suspended from fiberglass banner rods attached to metal brackets. 1-69 DISPLAY AND MONITORING The Organization is responsible for monitoring banners to: A. ensure the banners remain in good condition during the display period B. detect any problems and take corrective action C. ensure a dangerous situation or immediate hazard is corrected immediately. 1-70 MAINTENANCE Throughout the display period, the Organization must inspect the banners and brackets and take corrective action as required. Should the City identify any problems with the appearance, condition, or maintenance of the banners, rods or brackets, the City will notify the Organization of the nature of the problem and the location. The Organization has 12 hours after notification to correct the problem. Should the Organization fail to correct the problem within 12 hours, the City may undertake the correction. The Organization will reimburse the City for any costs associated with the correction If an identified problem presents a hazard to pedestrian and/or motor vehicle traffic, the City will remove the hazard with the cost being deducted from the deposit. The remaining balance, if any, will be returned to the Organization. Repair costs in excess of the deposit will be billed to the Organization with payment due to the City in 30 days. Under no circumstances will the City be responsible for any damage to the banners, rods, or brackets. ............... 3 1-71 REMOVAL In order to minimize the effect on traffic flow, all banners, rods and brackets should be removed on weekdays between 9:00 a.m. and 4:00 p.m. or during daylight hours on weekends. Nighttime removal is prohibited. Failure to remove the banners on the agreed upon date will result in removal by the City with the cost being deducted from the deposit. The remaining balance, if any, will be returned to the Organization. Removal costs in excess of the deposit will be billed to the Organization with payment due to the City in 30 days. After removal, the City will inspect the poles. if there is any significant damage to the poles, repairs and/or replacements will be made by the City with the cost being deducted from the deposit. The remaining balance, if any, will be returned to the Organization. Repair costs in excess of the deposit will be billed to the Organization with payment due to the City in 30 days. 1-72 SPECIAL AGREEMENTS Certain may be permitted to manage a banner program within a defined area of the City. In such cases, the Director (or designee) will draft a formal agreement describing the terms and conditions under which a banner management program may operate. The Director will then present the agreement to the appropriate City Council Committee. Upon approval by the Committee, the agreement will be forwarded to the City Council for consideration. 1-73 EFFECTIVE DATE This policy will take effect upon adoption by the City Council.