R-05-12-15-9E2 - 12/15/2005RESOLUTION NO. R -05-12-15-9E2
WHEREAS, the City of Round Rock ("City") prohibits the placement
of signs in the public rights-of-way, and
WHEREAS, the City recognizes that a need exists to direct
prospective home buyers to "Open Houses" for existing homes offered for
sale within the City, and
WHEREAS, on June 24, 2004 by Resolution No. R -04-06-24-17E3, the
City established a temporary program whereby realtors and homeowners
were allowed to place Open House signs in specified locations in City
rights-of-way for the sole purpose of directing prospective buyers to
existing homes offered for sale, and
WHEREAS, on December 2, 2004 by Resolution No. R -04-12-02-9F1,
the Council extended the temporary program until December 31, 2005, and
WHEREAS, the Council wishes to again extend the temporary
program, and
WHEREAS, City staff has developed a License Agreement for Open
House Signs in City Rights -of -Way, which the Council wishes to approve,
Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That there is hereby established a program whereby realtors and
homeowners may place Open House signs in specified locations in City
rights-of-way for the sole purpose of directing prospective buyers to
existing homes offered for sale, and
IT IS FURTHER RESOLVED
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That the City Manager or his designee is hereby authorized and
directed to execute on behalf of the City the approved license
agreement forms for Open House signs with realtors and homeowners, a
copy of same being attached hereto as Exhibit "A", and incorporated
herein for all purposes.
IT IS FURTHER RESOLVED
That unless specifically extended by the City Council, this
program and all license agreements entered into hereunder, shall expire
on December 31, 2006.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551,
Government Code, as amended.
RESOLVED this 15th day of December, 2005.
ATTEST:
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NY 0444` WEL , yor
Texas
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secreta
2
LICENSE AGREEMENT FOR OPEN HOUSE SIGNS
IN CITY RIGHTS-OF-WAY
This LICENSE AGREEMENT FOR OPEN HOUSE SIGNS IN CITY RIGHTS-OF-WAY (this
"Agreement") is made this day of
("City") as Licensor.
2006, by and between
as Licensee and the City of Round Rock, Texas, a Texas home rule city
RECITALS
A. City is the owner of real property in the City consisting of public rights -of -ways for
streets.
B. City has established a program whereby Homeowners and Realtors (as those terms are
defined below) may place signs in certain City rights -of -ways for the sole purpose of
directing prospective buyers to an "Open House" for the sale of an existing single-family
home, condominium or duplex which has previously been occupied as a residence.
C. City and Licensee desire to enter into this Agreement to allow the placement of one or
more Open House Sign(s) near intersections of selected City rights-of-way.
NOW, THEREFORE, it is agreed as follows:
1. Definitions. Terms used herein shall be defined as follows:
a) Homeowner. A Homeowner is a person who owns an existing single-family
home, condominium or duplex within the corporate limits of City which is for
sale directly to the public.
b) License Fee. License Fee means the sum paid by Licensee to City for the rights
granted herein.
c) Open House Sign. An Open House Sign is a sign that contains only the following
information: (1) the words "Open House," (2) the words "For Sale by Owner" or
the Realtor's name or logo, (3) the address of the Open House, and (4) a
directional arrow. The Open House sign shall not exceed three square feet in area.
An Open House Sign shall not be used to direct prospective buyers to a new
house that has not been previously occupied as a residence.
d) Property. The Property means the City's rights-of-way along specified arterial
streets in the City as set out in Sec. 2.(a) below.
e) Realtor. A Realtor is a person who is licensed to sell real estate in the State of
Texas.
93607 1 December 15, 2005
2. License. Subject to the terms and conditions contained herein, for each residence offered
for sale, Licensee shall have the right to place one Open House Sign on City's Property at
the locations and times described as follows
a) Location: In the City owned or controlled public rights-of-way that is also within
seventy-five feet (75') of the center point of the intersection of any City
controlled local street or collector and the following City controlled arterials:
A.W. Grimes Blvd.
Bowman Rd.
Chandler Rd.
County Road 112
Creek Bend Blvd.
Double Creek Dr.
Forest Creek Dr. (West of Red Bud Lane (C.R. 122) only)
Gattis School Rd
Greenlawn Blvd. (South of Gattis School Road only)
Hesters Crossing Rd.
High Country Blvd.
Kiphen Rd. (C.R. 113)
McNeil Rd.
Old Settlers Blvd. (East of Mays Street only)
Red Bud Ln. (C.R. 122)
Sam Bass Rd.
Sunrise Rd.
Wyoming Springs Dr.
Open House Signs shall not be placed at any intersection of any two of the above
listed arterials or at the intersection of any State or Federal highway and any of
the above listed arterials.
b) Date and time: On Saturdays and Sundays between the hours of 12:00 noon and
6:00 p.m.
c) Number: Except as provided below, Licensee shall place only one Open House
Sign at any of the above described locations. If Licensee has more than one
property offered for sale for which Licensee is conducting an open house,
Licensee may place more than one Open House Sign at any of the above
described locations, provided that each such Open House sign shall show the
address of the property offered for sale.
2
3. Consideration. In consideration for this license, Licensee shall pay to City a License Fee
of $ 25.00 for the first Open House Sign and $ 5.00 for each additional Open House Sign.
Licensee has requested that Open House Signs be licensed for a total License Fee
of $
4. License Stickers. For each license purchased, Licensee will be issued a sticker which
shall be placed on the Open House Sign. Each Open House Sign placed in the rights-of-
way must have attached thereto a sticker issued in accordance with this Agreement.
5. Condition of Signs. Licensee agrees the Open House Sign will be in good condition and
to immediately replace any unsightly or damaged sign as requested by City.
6. Term of License. Unless terminated sooner, the term of this License shall expire on
December 31, 2006.
7. Termination at Will. It is agreed and fully understood by Licensee that City may
terminate this License at will by giving Licensee actual oral or written notice. If this
License is terminated at will by the City, all signs shall be immediately removed by
Licensee. Any signs not removed within three hours of said notice shall become the
property of City. Licensee shall not be entitled to a refund of any fees paid.
8. Indemnification. Licensee agrees to hold harmless, defend, and indemnify City for and
from any third party claim or liability (including reasonable defense costs and attorneys'
fees) to the extent arising from Licensee's exercise of the license under this Agreement.
9. Miscellaneous Provisions.
a) Compliance with laws. Licensee shall comply with all applicable federal and state
laws, the Charter and Ordinances of the City of Round Rock, as amended.
b) Non -assignable. Licensee agrees that the license granted herein is personal to
Licensee. It is not assignable, and any attempt to assign this license will terminate
the license.
c) Notices. All notices and other communications in connection with this Agreement
shall be in writing and shall be considered given as follows:
i) When delivered personally to the recipient's address as stated in this
Agreement; or
ii) Three (3) days after being deposited in the United States mail, with
postage prepaid to:
3
Licensee:
d) Venue. This Agreement shall be enforceable in Round Rock, Williamson County,
Texas, and if legal action is necessary by either party with respect to the
enforcement of any or all of the terms or conditions herein, exclusive venue for
same shall lie in Williamson County, Texas. This Agreement shall be governed
by and construed in accordance with the laws and court decisions of the State of
Texas.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement to be effective the
day of , 2006.
Licensee
(Signature)
(Printed name)
Date:
City of Round Rock, Texas
By:
James R. Nuse, City Manager
Date:
4
DATE: December 7, 2005
SUBJECT: City Council Meeting - December 15, 2005
ITEM: 9.E.2. Consider a resolution extending the program for license
agreements to allow the placement of "Open House" signs in
certain city -owned rights-of-way.
Department: Administration
Staff Person: Jim Nuse, City Manager
Justification:
Members of the Real Estate Committee approached the City to request 'Open House' signs
be permitted under the sign ordinance.
In response to the Real Estate Committee's request, the Council approved Resolution R -04-
06-24-17E3 on June 24, 2004. This resolution established a temporary program that allows
realtors and homeowners to place Open House signs in specified locations in City rights-of-
way for the sole purpose of directing prospective buyers to existing homes offered for sale.
This program contains a provision that unless the program is specifically extended by the
City Council, the program and all license agreements entered into will expire on December
31, 2006.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
The current sign ordinance is strictly enforced. No signs are permitted in the City owned
rights-of-way, except the new -home kiosk. The realtors believe that, due to the slow
economy, limited access to the rights-of-way are necessary for re -sales to compete with
new homes.
Public Comment: None
LICENSE AGREEMENT FOR OPEN HOUSE SIGNS
IN CITY RIGHTS-OF-WAY
This LICENSE AGREEMENT FOR OPEN HOUSE SIGNS IN CITY RIGHTS-OF-WAY (this
2006, by and between
"Agreement") is made this day of
("City") as Licensor.
as Licensee and the City of Round Rock, Texas, a Texas home rule city
RECITALS
A. City is the owner of real property in the City consisting of public rights -of -ways for
streets.
B. City has established a program whereby Homeowners and Realtors (as those terms are
defined below) may place signs in certain City rights -of -ways for the sole purpose of
directing prospective buyers to an "Open House" for the sale of an existing single-family
home, condominium or duplex which has previously been occupied as a residence.
C. City and Licensee desire to enter into this Agreement to allow the placement of one or
more Open House Sign(s) near intersections of selected City rights-of-way.
NOW, THEREFORE, it is agreed as follows:
1. Definitions. Terms used herein shall be defined as follows:
93607
a) Homeowner. A Homeowner is a person who owns an existing single-family
home, condominium or duplex within the corporate limits of City which is for
sale directly to the public.
License Fee. License Fee means the sum paid by Licensee to City for the rights
granted herein.
Open House Sign. An Open House Sign is a sign that contains only the following
information: (1) the words "Open House" (2) the words "For Sale by Owner" or
the Realtor's name or logo, (3) the address of the Open House, and (4) a
directional arrow. The Open House sign shall not exceed three square feet in area.
An Open House Sign shall not be used to direct prospective buyers to a new
house that has not been previously occupied as a residence.
Property. The Property means the City's rights-of-way along specified arterial
streets in the City as set out in Sec. 2.(a) below.
Realtor. A Realtor is a person who is licensed to sell real estate in the State of
Texas.
1
December 15, 2005
2. License. Subject to the terms and conditions contained herein, for each residence offered
for sale, Licensee shall have the right to place one Open House Sign on City's Property at
the locations and times described as follows
a) Location: In the City owned or controlled public rights-of-way that is also within
seventy-five feet (75') of the center point of the intersection of any City
controlled local street or collector and the following City controlled arterials:
A.W. Grimes Blvd.
Bowman Rd.
Chandler Rd.
County Road 112
Creek Bend Blvd.
Double Creek Dr.
Forest Creek Dr. (West of Red Bud Lane (C.R. 122) only)
Gattis School Rd
Greenlawn Blvd. (South of Gattis School Road only)
Hesters Crossing Rd.
High Country Blvd.
Kiphen Rd. (C.R. 113)
McNeil Rd.
Old Settlers Blvd. (East of Mays Street only)
Red Bud Ln. (C.R. 122)
Sam Bass Rd.
Sunrise Rd.
Wyoming Springs Dr.
Open House Signs shall not be placed at any intersection of any two of the above
listed arterials or at the intersection of any State or Federal highway and : any of
the above listed arterials.
Date: and time: On Saturdays and Sundays between the hours of 12:00 noon and
6:00 p.m.
Number: Except as provided below, Licensee shall place only one Open House
Sign at any of the above described locations. If Licensee has more than one
property offered for sale for which Licensee is conducting an open house,
Licensee may place more than one Open House Sign at any of the above
described locations,provided that each such Open House sign shall show the
address of the property offered for sale.
2
3. Consideration. In consideration for this license, Licensee shall pay to City a License Fee
of $ 25.00 for the first Open House Sign and $ 5.00 for each additional Open House Sign.
Licensee has requested that Open House Signs be licensed for a total License Fee
of $
4. License Stickers. For each license purchased, Licensee will be issued a sticker which
shall be placed on the Open House Sign. Each Open House Sign placed in the rights-of-
way must have attached thereto a sticker issued in accordance with this Agreement.
5. Condition of Signs. Licensee agrees the Open House Sign will be in good condition and
to immediately replace any unsightly or damaged sign as requested by City.
6. Term of License. Unless terminated sooner, the term of this License shall expire on
December 31, 2006.
7. Termination at Will. It is agreed and fully understood by Licensee that City may
terminate this License at will by giving Licensee actual oral or written notice. If this
License is terminated at will by the City, all signs shall be immediately removed by
Licensee. Any signs not removed within three hours of said notice shall become the
property of City. . Licensee shall not be entitled to a refund of any fees paid.
8. Indemnification. Licensee agrees to hold harmless, defend, and indemnify City for and
from any third party claim or liability (including reasonable defense costs and attorneys'
fees) to the extent arising from Licensee's exercise of the license under this Agreement.
9. Miscellaneous Provisions.
a) Compliance with laws. Licensee shall comply with all applicable federal and state
laws, the Charter and Ordinances of the City of Round Rock, as amended.
Non -assignable. Licensee agrees that the license granted herein is personal to
Licensee. It is not assignable, and any attempt to assign this license will terminate
the license.
Notices. All notices and other communications in connection with this Agreement
shall be in writing and shall be considered given as follows:
i) When delivered personally to the recipient's address as stated in this
Agreement; or
ii) Three (3) days after being deposited in the United States mail, with
postage prepaid to:
3
Licensee:
d) Venue. This Agreement shall be enforceable in Round Rock, Williamson County,
Texas, and if legal action is necessary by either party with respect to the
enforcement of any or all of the terms or conditions herein, exclusive venue for
same shall lie in Williamson County, Texas. This Agreement shall be governed
by and construed in accordance with the laws and court decisions of the State of
Texas.
M WITNESS WHEREOF, the parties hereto have signed this Agreement to be effective the
day of , 2006.
Licensee
(Signature)
(Printed name)
Date:
City of Round Rock, Texas
By:
James R. Nuse, City Manager
Date:
4