HomeMy WebLinkAbout92-09 Advertising on Bus Shelters and BenchesORDINANCE NO. 92-9
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, AMENDING
SECTIONS 5-121 AND 5-128 OF THE COSTA MESA
MUNICIPAL CODE AND ADDING CHAPTER II TO
TITLE 19 OF THE C0STA MESA MUNICIPAL CODE
PERTAINING TO ADVERTISING ON BUS SHELTERS
AND BENCHES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council of the City of Costa Mesa does
hereby find and declare as follows:
WHEREAS, the California Vehicle Code Section 21112 provides
that local governments may by ordinance license and regulate the
location of bus shelters and benches on streets and highways;
WHEREAS, the California Business and Professions Code Section
5408.5(d) provides that bus shelters and benches with advertising
displays may only be placed in accordance with a permit or
agreement with the public entity having operational authority over
the highway adjacent to where, or upon which, the advertising
display is to be placed;
WHEREAS, the establishing regulations and a permit process for
the placement of bus shelters and benches with advertising displays
within the public right-of-way of the City of Costa Mesa will be a
public benefit by providing additional shelters and benches without
cost to the City and by generating revenue for the City to defray
costs to maintain the existing public shelters, benches and the
rights-of-way.
NOW, THEREFORE, the City Council of the City of Costa Mesa
does hereby amend the Costa Mesa Municipal Code as follows:
Section 2. Subsection (c) is hereby added to Section 5-128
of the Costa Mesa Municipal Code to read as follows:
"(c) The provisions of this Section shall not apply
to bus passenger shelters and benches with advertising
displays in the public right-of-way approved pursuant to
Chapter II of Title 19 of this Code."
Section 3. Chapter II is hereby added to Title 19 of the
Costa Mesa Municipal Code to read as follows:
"CHAPTER II
PUBLIC
SHELTERS AND BENCHES
Sec. 19-301 Scope of Chapter.
(a) No person shall install or maintain any bench, transit
shelter or other public transit service facility which incorporates
advertising panels within the public right-of-way of any street
unless installed in accordance with a franchise agreement granted
by the City Council pursuant to this Chapter. The provisions of
this Section shall not be construed to prohibit the installation
and maintenance of benches, transit shelters or other public
transit service facilities without advertising panels within the
public right-of-way of any street, provided that a permit for each
facility has been obtained pursuant to this Chapter.
(b) Any bench, transit shelter or other public transit
service facility which is in violation of the provisions of this
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Chapter at the time of adoption of this ordinance shall be removed
within thirty (30) days of the effective date of this ordinance.
See. 19-302 Definitions.
For the purpose of this Chapter, the following terms, phrases,
words, abbreviations and their derivations shall have the meaning
given to them:
(a) "Bench" means a seat located upon public property or
rights-of-way, along any public way, designed or used for the
accommodation of passersby or persons awaiting transportation.
(b) "Shelter" means an enclosure, whole or partial, located
upon public property or rights-of-way, along any public way,
designed or used for the accommodation of passersby or persons
awaiting transportation. A shelter may enclose or cover a bench.
When a shelter so encloses or covers a bench, the combination shall
be included in the term "shelter."
(c) "Street" means any public thoroughfare or way including
the sidewalk, the parkway and any other public property bordering
upon a public way.
Sec. 19-303 Franchise Agreement.
(a) An exclusive franchise to install, construct, operate,
and maintain any bench, transit shelter or other public transit
service facility which incorporates advertising panels within the
public rights-of-way of any street within all or a specific portion
of the City may be granted by the City Council to any person who or
commercial enterprise which offers to furnish and provide such
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facilities under and pursuant to the terms and provisions of this
Chapter.
(b) Nothing in the franchise shall be deemed to waive the
requirements of this Chapter and of the various codes and
ordinances of the City regarding permits, fees to be paid or the
manner of construction.
(c) Any franchise granted pursuant to this Chapter shall be
limited to those bus stop locations in the City specified in the
franchise.
(d) The grant of a franchise by the City is subject to
whatever right, interest or privilege others may have in the use
and occupation of sidewalks, curbs or streets where the benches,
shelters or other public transit service facilities are located.
(e) The rights granted under a franchise pursuant to this
Chapter are exclusive, and during the term of a franchise, the City
may not grant to any other commercial enterprise or individual the
rights to install benches, shelters or other public transit service
facilities with or without advertising displays within the public
right-of-way of the public streets and sidewalks within its
corporate limits.
(f) Any grant of a franchise shall be conditioned on the
franchise providing a performance bond, certificate of insurance
and indemnification in a form and an amount approved by the City
Attorney or Risk Manager.
(g) Franchisee may apply for renewal of franchise in the same
manner as an original application. Renewal applications shall be
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filed not less than ninety (90) nor more than one hundred eighty
(180) days prior to expiration of the existing franchise.
(h) Any franchise granted under this Chapter shall be a
privilege to be held for the benefit of the public. Such franchise
cannot in any event be sold, transferred, leased, assigned or
disposed of, including but not limited to, by forced or voluntary
sale, merger, consolidation, receivership or other means without
the prior consent of the City, and then only under such conditions
as the City may establish. Such consent as required by the City
shall, however, not be unreasonably withheld.
(i) The franchisee shall promptly notify the City of any
actual or proposed changes in, or transfer of, or acquisition by
any other party of control of the franchisee. The word "control"
as used in this subsection is not limited to major stockholders but
includes actual working control in whatever manner exercised. A
rebuttable presumption that a transfer of control has occurred
shall arise upon the acquisition or accumulation by any person or
group of persons of ten percent of the voting shares of the
franchisee. Every change, transfer or acquisition of control of
the franchisee shall make the franchise subject to cancellation
unless and until the City shall have consented thereto, which
consent will not be unreasonably withheld. For the purpose of
determining whether it shall consent to such change, transfer or
acquisition of control, the City may inquire into the qualification
of the prospective controlling party, and the franchisee shall
assist the City in any such inquiry.
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(j) The City agrees that any financial institution having a
pledge of the franchisee or its assets for the advancement of money
for the construction and/or operation under the franchise shall
have the right to notify the City that it or its designee,
satisfactory to the City, will take control, operate and maintain
the bus shelters and benches under such franchise, and subject to
the terms of this Chapter.
(k) The City reserves the right to revoke any franchise
granted hereunder and rescind all rights and privileges associated
with the franchise in the following circumstances, each of which
shall represent a default and breach under this Chapter and the
franchise:
(1) If the franchisee defaults in the performance of any of
its material obligations under this Chapter or under such
documents, contracts and other terms and provisions entered into by
and between the City and the franchisee;
(2) If the franchisee fails to provide or maintain in full
force and effect the liability and indemnification coverages or the
performance bonds as required in this Chapter;
(3) If any court of competent jurisdiction determines that
any material provision of the franchise documents, including this
Chapter, is invalid or unenforceable;
(4) If the franchisee ceases to provide services for any
reason within the control of the franchisee. The franchisee shall
not be declared at fault or be subject to any sanction under any
provision of this Chapter in any case in which performance of any
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such provision is prevented for reasons beyond the franchisee's
control. A fault shall not be deemed to be beyond the franchisee's
control if committed by a corporation or other business entity in
which the franchisee holds a controlling interest in the franchise,
whether held directly or indirectly;
(5) If the franchisee attempts to evade any of the provisions
of this Chapter or the franchise agreement or practices any fraud
or deceit upon the City;
(6) The franchise becomes insolvent, unable or unwilling to
pay its debts, or is adjudged bankrupt.
(1) The following procedure applies prior to revocation of
the franchise:.
(1) The City may make written demand that the franchisee
comply with any such requirement, limitation, term, condition, rule
or regulation or correct any action deemed cause for revocation.
If the failure, refusal or neglect of the franchisee continues for
a period of thirty (30) days following such written demand, the
City may place its request for termination of the franchise upon a
regular City Council meeting agenda. The City shall cause to be
served upon such franchisee, at least ten (10) days prior to the
date of such Council meeting, a written notice of this intent to
request such termination, and the time and place of the meeting.
(2) The Council may hear any persons interested therein, and
may determine, in its discretion, whether or not any failure,
refusal or neglect by the franchisee was with just cause.
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(3) if such failure, refusal or neglect by the franchisee was
with just cause, the Council may direct the franchisee to comply
within such time and manner and upon such terms and conditions as
the Council determines.
(4) If the Council determines such failure, refusal or
neglect by the franchisee was without just cause, then the Council
may, by resolution, declare that the franchise of such franchisee
shall be terminated and bond forfeited.
(m) In the event a franchise expires, is revoked, or
otherwise terminated, the City may order the removal of the
shelters and benches or require the original franchisee to maintain
and operate the shelters and benches until a subsequent franchisee
is selected.
(n) The termination and forfeiture of any franchise shall in
no way affect any of the rights of the City under the franchise or
any provision of law.
Sac. 19-304 Limitations on Advertising in Public
Rights -of -Way.
(a) Advertising shall be limited to product or service
identification and to businesses which are not located on adjacent
properties. Copy which includes arrows or directions to a location
shall be prohibited.
(b) No advertising of tobacco products or alcoholic beverages
shall be permitted.
(c) No advertising shall display or depict any specified
sexual activity or specified anatomical area which are obscene
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matters as defined in California Penal Code Sections 311 through
312.5, inclusive, and determined by a court.
(d) The maximum allowable advertising copy shall be two (2)
twenty-four (24) square foot panels maximum six (6) feet in height
for bus benches/shelters.
(e) Public service items located on streets denoted in the
City's General Plan as landscape corridors shall not contain
advertising for private businesses or services.
(f) No advertisement or sign on any shelter shall display any
word, phrase, symbol or character likely to interfere with, mislead
or distract traffic, or conflict with any traffic control device as
set forth in Business and Professions Code Section 5403.
(g) Any advertising in violation of this Section may be
summarily removed by City at expense of franchisee.
Sec. 19-305 Location.
(a) Benches or shelters shall be installed only at those
certain site locations as expressly approved by the City Council.
Benches or shelters shall be located only at active bus stops. If
a bus stop is discontinued, the bench or shelter shall be removed
and the site restored to its original condition to the satisfaction
of the City by franchisee at its sole expense within fourteen (14)
days following written notification by the Director of Public
Services. The precise location of the benches or shelters at each
such site shall be reviewed and reported on by the Transportation
Commission and approved by the City Council and the transit
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district serving such bus stop prior to the issuance of a building
permit therefor.
(b) The precise location of the benches or shelters shall
generally, in addition to any other applicable provisions hereof,
comply with each of the following requirements:
(1) A location shall be selected generally in accordance with
the needs and priorities of the City.
(2) No bench or shelter shall be permitted to block existing
business signs on neighboring property.
(3) No bench or shelter shall be located over storm drain
openings or similar structures.
(4) No bench or shelter shall be located so as to interfere
with the growth of parkway trees.
(5) No bench or shelter shall be located closer than fifteen
(15) feet to any driveway, driveway apron or curb cut.
(6) The bench or shelter structure excluding the roof shall
be set back a minimum of forty-eight (48) inches from the face of
the curb. The roof shall be set back a minimum of twenty-
four (24) inches from the face of curb
(7) The bench or shelter shall be placed to allow on the
sidewalk an unobstructed pedestrian travelway of forty-eight (48)
inches minimum. Where the distance from the back of the bench or
shelter to the back of the sidewalk is less than forty-eight (48)
inches, the bench or shelter shall be placed within six (6) inches
to twelve (12) inches from the back of the sidewalk.
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(8) Benches or shelters may be placed either on the near or
far side of the intersection in relationship to oncoming bus. Any
bench or shelter rendered unserviceable by subsequent street
improvements and/or changes in service by the Transit District
shall be relocated or removed to conform to such changes at expense
of franchisee. The placement of each bench or shelter must be
approved by the Director of Public Services for satisfactory
visibility based on design speed of adjacent highway.
(9) As each site is different, no set of location or
placement specifications can be entirely satisfactory to meet all
circumstances, therefore, consideration shall be given to the
unique characteristics of each location, such as street function or
appurtenances, features of adjacent properties, vehicular and
pedestrian movements.
(10) The bench or shelter's material shall reflect a
reasonable and compatible design with the surrounding area.
(11) Benches, shelters, illumination and advertising panels
shall be designed and located in such a manner as to not adversely
impact adjacent residential land uses.
(12) Any of the above requirements in this Section may be
waived by City council at its sole discretion, if in the interest
of public convenience or necessity.
See. 19-306 Telephone Booths Adjacent To Shelters.
Prior to the installation of any telephone booth or structure
adjacent to or incorporated within a transit shelter with
advertising panels, a master plan of locations of such telephone
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equipped transit shelters shall be approved by City Council after
review and report by the Director of Public Services and the
Transportation Commission.
Sec. 19-307 Installation.
(a) Franchisee shall install the first bench or shelter
within sixty (60) days from and after the date of issuance of the
franchise and shall install each remaining authorized benches or
shelters within successive fifteen (15) day periods from each
proceeding date of installation. Time is of the essence in the
installation of benches and shelters.
(b) Franchisee shall obtain all requisite permits and
licenses, including building and electrical permits, from the City
prior to construction of any shelter.
(c) The installation shall be in accordance with the
specifications established by the Director of Public Services and
the City Engineer.
(d) The installation base shall be a relatively smooth and
level concrete floor with two percent cross slope and no (or
slight) longitudinal slope. other slope specifications may be
approved for reasons of drainage or structural integrity.
(e) Where installation of benches or shelters requires the
disturbing of existing pavement, excavation and restoration of
pavement shall be performed in a manner satisfactory to the
Director of Public Services. Any necessary removal of existing
sidewalk shall be taken to the nearest scoreline unless otherwise
approved by the Director of Public Services.
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(f) Before any excavation for trench work or for foundation
work within the existing sidewalk is to begin, the existing
sidewalk shall be sawcut in order to provide a neat excavation and
restoration.
(g) Where existing curbing is found to be in good condition
and presents no hazard to bus stop users, such curbing shall not be
disturbed during the installation of the bench or shelter. Conduit
shall be passed under the curb in a manner that does not affect the
curbing.
(h) Where existing curbing is found to be in a condition that
presents a potential hazard to bus stop users, such curbing shall
be repaired or replaced by the franchisee concurrently with
construction of the bench or shelter. All aspects of this work
shall comply with Director of Public services standard
specifications and all details of the work shall be shown on the
site plan.
(i) Electrical and telephone service lines shall be
underground, except as waived by the Director of Public Services.
(j) Immediately prior to acceptance, the franchisee shall
clean the entire shelter in strict accordance with the various
materials manufacturer's directions.
(k) The franchisee shall remove all excess materials and
restore the work area to its original condition.
(1) If the franchisee's work results in any damage to
utilities, street furniture, vegetation or private property, it
will be his responsibility to restore or repair the damaged items
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or properties so that they will be in the original, or better,
condition within forty-eight (48) hours of the notification by the
City. Any costs involved will be borne solely by the franchisee.
(m) Franchisee shall install and maintain trash receptacles
next to benches and shelters. Trash receptacles may be integrated
into the design of the bench or shelter in a style and manner
acceptable to the City.
(n) Any of the above provisions of this Section may be waived
by City Council at its sole discretion.
Sea. 19-308 Security deposits.
Before the issuance of any permits for the installation of any
bus shelter, franchisee shall make a cash deposit with the City in
an amount determined by City Council.
Sec. 19-309 Compensation.
(a) In consideration of the right granted, franchisee agrees
to pay to City a fee in the amount as designated in the agreement
as to both the specified percentage of the gross advertising
revenues received by franchisee for the rental of advertising space
in and on each bench or shelter, and a minimum basic fee per month
per bus shelter or bench.
(b) Franchisee shall make payment to City on a monthly basis,
such payment to commence thirty (30) days from the date of issuance
of a permit for the installation of each bench or shelter in
accordance with the installation schedule identified in Section 19-
307(a).
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(c) All payments from franchisee to City shall be supported
by a statement of account showing all bench or shelter locations
and revenues received.
(d) Franchisee shall allow inspection of its books and
records by City officials as authorized by City's Manager or
Director of Finance at franchisee's office during reasonable
business hours to determine revenues due to City.
(e) Quarterly reports (unaudited) concerning gross
advertising receipts derived from benches or shelters within City
shall be provided to the Director of Public Services of City within
thirty (30) days after the conclusion of each calendar quarter.
(f) No acceptance of any payment by the City shall be
construed as a release or as an accord and satisfaction of any
claim the City may have for further or additional sum payable under
this Chapter or for the performance of any other obligation of the
franchisee. In the event that any payment or recomputed amount is
not made on or before the dates specified in this Section,
franchisee shall pay as additional compensation:
(1) An interest charge, computed from such due date, at the
annual rate as set pursuant to a franchise agreement.
(2) A sum of money equal to five percent (5%) of the amount
due in order to defray those additional expenses and costs incurred
by the City by reason of delinquent payment.
(g) No compensation shall be payable to City for those
certain benches or shelters required to be installed and maintained
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without advertising thereon. The franchisee shall maintain, at its
own expense, all bus shelters.
Sec. 19-310 Maintenance.
(a) Franchisee shall maintain, repair, clean and service all
bus shelters within the City's limits. Franchisee shall be at
liberty to enter upon and into shelters at any reasonable time with
personnel and all necessary materials, including but not limited to
electric wires, meters, clock work machinery and other items
reasonably necessary for making such shelter or bench effective.
All such work shall be performed at the sole expense of franchisee.
Each bench, trash receptacle or shelter shall be cleaned not less
than two (2) times per week.
(b) Franchisee shall comply with each of the following
requirements:
(1) Such bench or shelter shall have displayed, in a
conspicuous place thereon, the name, address and telephone number
of franchisee.
(b) Franchisee shall, at its sole expense, maintain such
bench, shelter or trash receptacle in a neat, attractive, safe and
sanitary manner at all times during the terms of this franchise or
any extension thereof. Any damaged, defective, defaced, vandalized
or worn out part of the bench or shelter that the franchisee is
required to maintain shall be repaired or replaced by franchisee
within forty-eight (48) hours following discovery thereof by
franchisee or receipt of notice thereof by franchisee from City,
whichever is earlier; provided, however, that any condition which,
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in the opinion of the Director of Public services, constitutes a
safety hazard shall be corrected, repaired, replaced or removed by
franchisee immediately upon notification thereof by City. In the
event franchisee fails to repair or replace such bench or shelter
within the time herein specified, City may, at its sole discretion,
cause the repair or removal of the bench or shelter and apply
franchisee's cash deposit toward the cost thereof, in whole or
part. Any costs not so applied shall be paid directly to City by
franchisee within ten (10) days following receipt by franchisee of
an invoice therefor.
Sec. 19-311 Costs of Improvement.
Franchisee shall pay all costs and expenses for:
(a) The design, construction, maintenance and removal of the
benches and shelters; and
(b) The restoring to proper condition of the sidewalks, curbs
or streets which may be disturbed during the construction or
removal of any bench or shelter.
Sec. 19-312 Removal for Public Improvements
Franchisee shall remove any bench or shelter which will
interfere in any way with the construction, maintenance or repairs
of any public utilities, public works or public improvements or
changes in Transit District service routes of any description, if
so required by the City; the cost and expense of such removal shall
be borne by franchisee.
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Sec. 19-313 Removal of Shelter or Bench.
(a) Franchisee shall retain the right to remove any bench or
shelter upon thirty (30) days notice to City in the event the
federal, State, municipal or other proper authorities should, after
effective date of the ordinance codified in this Chapter, establish
any rules, regulations or taxations which shall so restrict
location, construction, maintenance or operation of the benches or
shelters as to substantially diminish the value of the benches or
shelters for advertising purposes, or in the event of "chronic
vandalism," as hereinafter defined.
(b) In the event City fails to receive notice of renewal of
the permit not less than ninety (90) days before the expiration
date thereof, or fails to receive renewal of the performance
guarantee bond, the comprehensive general liability insurance, or
any of them, not less than thirty (30) days before the expiration
date thereof, or in the event either or both the performance bond
or comprehensive general liability insurance are canceled and no
evidence of equal coverage is filed with City not less than thirty
(30) days prior to the expiration date of either coverage, or upon
termination of the franchise for any reason, franchisee agrees to
immediately remove all of its benches or shelters and replace with
non -advertising shelters where they had originally existed, and if
it fails to do so within thirty (30) days after notice to do so is
mailed by City, City shall have the right to remove the benches or
shelters and franchisee agrees to pay to City, City's costs for
such removal and site restoration.
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(c) "Chronic vandalism" shall be defined as damages inflicted
to an individual bench or shelter during any six (6) month period
which require cumulative expenditures for replacement and repair
that exceed the original cost of construction and installation of
the bench or shelter.
(d) Upon removal of any or all benches or shelters erected by
franchisee hereunder, all material shall be removed from the site,
including, but not by way of limitation, all wires. The site shall
be restored to the condition as it existed prior to installation of
the bench or shelter, including complete restoration of any
sidewalk upon which the bench or shelter was located, or non -
advertising bus shelter which may have existed there prior to this
franchise.
Bea. 19-314 Utilities.
Franchisee shall pay all costs that may become due for
electrical energy supplied to the benches or shelters and shall
keep City indemnified against any and all such costs.
Sec. 19-315 Taxes.
Franchisee shall be solely responsible and liable for payment
of any and all property taxes levied upon possessory or other
interests which may rise by virtue of the grant of a franchise
under this Chapter.
BOC. 19-316 Insurance.
(a) Indemnification. Franchisee will indemnify and save
harmless City, its officers, agents, servants and employees,
against all claims, costs, expenses, damages, liabilities and
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judgments of every kind and character, resulting by reason of the
erection, maintenance, operation or removal of any of the benches
or shelters subject of the franchise granted pursuant to this
Chapter, sustained or claimed by any person, firm or corporation
whomsoever and whatsoever, caused or alleged to have been caused,
directly or indirectly, by an act or omission, negligent or
otherwise, of franchisee, its agents, servants and employees, or
occasioned by any work performed by franchisee, or by the
permission granted by City in this Chapter, and shall defend any
such action or suit brought against those so indemnified, and shall
pay all costs and expenses of whatsoever nature resulting
therefrom, and in connection therewith, and to pay, on behalf of
those so indemnified, the amount of any judgment that may be
entered against any of them in any such action or suit.
(b) Insurance. Franchisee shall at all times carry on all
operations hereunder, bodily injury and property damage liability
insurance, including automotive bodily injury and property damage
liability insurance, in forms and underwritten by insurance
companies satisfactory to City for: all operations, subcontract
work, contractual obligations, product or completed operation, all
owned vehicles and nonowned vehicles. Such insurance coverage
obtained by franchisee shall name City, its officers, agents,
employees and all public agencies as determined by City, as
additional insured on such policies. Franchisee shall require its
insurer to waive its subrogation rights against City and agrees to
provide certificates evidencing the same.
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Before franchisee performs any work at, or prepares or
delivers materials to the sites of construction, franchisee shall
furnish to City certificates of insurance subject to approval of
the City Attorney or Risk Manager. Certificates shall provide the
name and policy number of each carrier and policy, and indicate
that the insurance is in force and will not be canceled without
thirty (30) days written notice to City. All of the foregoing
insurance coverages shall be maintained in force until the work is
fully completed and accepted by City.
The requirement for carrying the foregoing insurance shall not
derogate from the provisions for indemnification under this
agreement. The following insurance coverage shall be obtained and
maintained: not less than one million dollars ($1,000,000) combined
single limit coverage for all items:
(1) Bodily injury liability and automotive bodily injury
liability (including nonownership and hired cars);
(2) Property damage liability and automotive property damage
liability;
(3) General public liability insurance; and
(4) Products liability insurance.
The City Attorney or Risk Manager shall at all times have the
right to demand the original or a copy of all such policies of
insurance. All premiums on the insurance required in this section
shall be prepaid by the principal insured and shall not be an
obligation of City.
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(c) Workers' Compensation. Franchisee shall comply with all
applicable provisions of the Workers' Compensation Insurance and
Safety Acts of the State of California, the applicable provisions
of Divisions 4 and 5 of the California Labor Code and all
amendments thereto; and all similar State or federal acts or laws
applicable; and shall indemnify and hold harmless City from and
against all claims, demands, payments, suits, actions, proceedings
and judgments of every nature and description, including attorney's
fees and costs presented, brought or recovered against City, for or
on account of any liability for failure to obtain Workers'
Compensation insurance. Franchisee shall furnish evidence of
workers' compensation and employer's liability insurance with
limits of at least statutory coverage to City in such form as is
acceptable to the City Attorney or Risk Manager.
Sec. 19-317 Transfer of ownership.
Whenever a bench or shelter for which a permit has been
issued, has been sold, or title or control thereof is transferred,
a new franchise and permit must be obtained by the new owner.
Bee. 19-318 Permit Index File.
The Director of Public Services shall keep and maintain an
index file of all permits granted or renewed under the provisions
of this Chapter and shall furnish a copy of all permits granted or
renewed to the City Clerk. The Director of Public Services shall
make annual surveys as to the location and condition of all such
benches and shelters permitted in this Chapter.
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Sec. 19-319 Enforcement.
The Director of Public Services shall enforce the provisions
of this Chapter.
Sec. 19-320 Severability.
If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or the
application thereof to any person, is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portion of this Ordinance or its application to
other persons. The City Council hereby declares that it would have
adopted this Ordinance and each chapter, article, section,
subsection, subdivision, sentence, clause, phrase or portion
thereof, irrespective of the fact that any one or more subsections,
subdivisions, sentences, clauses, phrases, or portions of the
application thereof to any person, be declared invalid or
unconstitutional. No portion of this Ordinance shall supersede any
local, State, or Federal law, regulation, or codes dealing with
life safety factors.
Section 4. Publication.
This Ordinance shall take effect and be in full force and
effect thirty (30) days from and after its passage and, before the
expiration of fifteen (15) days after its passage, shall be
published once in the NEWPORT BEACH -COSTA MESA PILOT, a newspaper
of general circulation printed and published in the City of Costa
Mesa, or, in the alternative, the City Clerk may cause to be
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published a summary of this Ordinance and a certified copy of the
text of this Ordinance shall be posted in the office of the City
Clerk five (5) days prior to the date of adoption of this
Ordinance, and within fifteen (15) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and
shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City
Council voting for and against the same.
PASSED AND ADOPTED this 4th day of May, 1992.
ATTEST:
Yja Mayor of the i y 6f Costa Mesa
APPROVED AS TO FORM:
/� I�q
City Clerk of the city of Cos Y
Mesa City Attorney
24
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio clerk of the
City Council of the City of Costa Mesa, hereby certify that the
above and foregoing Ordinance No. 92-9 was introduced and
considered section by section at a regular meeting of said City
Council held on the 20th day of April, 1992, and thereafter passed
and adopted as a whole at a regular meeting of said City Council
held on the 4th day of May, 1992, by the following roll call vote:
AYES: COUNCIL MEMBERS: Hornbuckle,i Buffer, Humphrey, Erickson
NOES: COUNCIL MEMBERS: Genis
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Seal of the City of Costa Mesa this 5th day of May, 1992.
eaL.J 6)
City Clerk and ex -of F"'c"Cl'w of
the City Council of the City
Costa Mesa
25