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Item 67 - Zoning Ordinance Amendment No. 2022-01 (Billboards Ordinance)
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Item 67 - Zoning Ordinance Amendment No. 2022-01 (Billboards Ordinance)
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Clerk of the Council
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67
Date
6/21/2022
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7 <br />2) A late interest charge of One and One Half Percent (1.5%) per month added to <br />the unpaid balance amount owing, inclusive of any prior past due penalty or late <br />interest charges accrued. <br />B.CITY is not required to send a past due notice or other bill or invoice to OPERATOR, or <br />any other person subject to the provisions of this AGREEMENT, and failure to send <br />such notice, bill or invoice shall not affect the validity of any operating fee, late penalty or <br />late interest charge due under the provisions of this AGREEMENT. <br />7. Requirements for All Digital Billboards. <br />A. Civic Promotions. OPERATOR agrees to provide free advertising time on the Digital <br />Billboard to City for the promotion of community events, tourism activity and events, and <br />other civic interests of the City. <br />i. Amount of Advertising Time for Civic Promotions. Following the Commencement <br />Date, OPERATOR shall permit City to use a minimum of 5% of the advertising inventory, <br />up to one (1) spot in a standard eight (8) spot rotation on the Digital Billboard, for the <br />entire Term of the AGREEMENT for civic promotions and public service <br />announcements as supplied by CITY, without charge for advertising space (the “Free <br />Advertising Space”). OPERATOR shall provide the Free Advertising Space evenly <br />across all days and day parts. The foregoing obligation of OPERATOR to provide Free <br />Advertising Space to City for Civic Promotions shall be and remain in effect only during <br />those periods OPERATOR is operating the Digital Billboard with electronic/digital <br />technology. In the event OPERATOR removes or is unable to operate the Digital <br />Billboard for any reason, OPERATOR’S obligation to provide Free Advertising Apace to <br />City for any reason shall be suspended for the period of time it is not operating the <br />Digital Billboard. <br />ii. Process for City Requests to Utilize Advertising Space for Civic Promotions. City shall <br />be responsible for providing OPERATOR with its Civic Promotions, which may be <br />updated by City at any time, and for any costs associated with providing OPERATOR <br />with associated artwork in acceptable format. City shall notify Operator at least thirty (30) <br />days before the proposed display date of a Civic Promotion. City must submit “camera <br />ready art” utilizing formats and protocols acceptable to OPERATOR. All copy shall be <br />submitted to OPERATOR at least ten (10) business days in advance. <br />iii. Limitations on City. City shall not charge for, or exchange goods or services for, any <br />advertising space on the Digital Billboard provided by OPERATOR to City pursuant to <br />this AGREEMENT; provided, however, that this limitation shall not be construed to <br />prevent City from entering into agreements to promote properties within the City in <br />conjunction with its tourism promotion activities, so long as City does not sell advertising <br />for profit. In addition, it is expressly understood and agreed that Civic Promotions may <br />not include any names, logos, marks, products, or services associated with any <br />commercial entity, any campaign for public office in the City, or any third party non- <br />governmental person or entity that is not located in, sponsored by or affiliated with the <br />City. The forgoing limitation shall not be construed to prohibit the display of names, <br />logos, or marks of organizations associated with City events or activities.
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