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HomeMy WebLinkAboutORD 1050i • BILL NO. 13 3 ORDINANCE NO. 1050 BY COUNCILMAN KEYS 4 AN ORDINANCE BECOMING CHAPTER 18 OF TITLE IV OF THE CITY CODE OF CALDWELL, IDAHO, GRANTING THE RIGHT TO ERECT AND MAINTAIN UPON PUB- ` LIC PROPERTY BENCHES FOR THE USE OF THE GENERAL PUBLIC AT LOCATIONS APPROVED BY THE CITY COUNCIL; PERMITTING ADVERTISING THEREON; PRO - 6 VIDING FOR A LICENSE FEE; AND PRESCRIBING CONDITIONS OF SUCH LICENSE. BE IT ORDAINED By the Mayor and Council of the City of 8 Caldwell, Idaho, as follows: 9 Section 1. That the following is hereby adopted as 10 Chapter 18, Title IV of the City Code of Caldwell, Idaho, to -wit: 11 "BENCHES ON PUBLIC PROPERTY 121 SECTION: 13 4 -18 -1 Authority 4 -18 -2 : Benches oae 14 4 - 18 - 3 Location 4 -18 -4 Advertising osm 15 4 -18 -5 Maintenance M 4 -18 -6 Insurance 90a 16 4 -18 -7 Transfer of License 5 �0 4 -18- License Fee 17 4 -18 -9 : Compliance by Licensee 4- 18 -10: Revocation 4 -18 -1: Benches may be erected and maintained for the 19 use of the public upon the streets of the City of Caldwell, Idaho, upon a license therefor being granted by the City Council subject 20 to the balance of the provisions set forth in this chapter. 21 4 -18 -2: The licensee will construct benches with con- crete supports, wood seats and backs, seven feet in length, and 2 weighing approximately two hundred and ninety pounds each. 4 -18 -3 : The location of such benches shall be at stra- tegic places approved by the City Council. The Council may require the licensee to remove a bench from any given location. In res- idential areas of the City the consent in writing of adjacent properi owners shall be required before benches are placed on said property. 4 -18 -4: The Licensee will have the right to sell the space on the benches for display of advertising, so long as the advertising meets with the approval of the City Council of the City and the Mayor of the City, and the Licensee may enter into contracts with third parties for the purchase and sale of said advertising space. All advertising and use of materials for advertising pur- poses shall comply with the ordinances of the City. 4 -18 -5 : The Licensee will, during the course of the license hereby granted, maintain the said benches in good repair and condition, and further will keep said benches in presentable appearance at all times at no cost to the City. h p°d 14 Oaf �m 16 All 16 U 17 4 -18 -6 : The Licensee shall, at its own expense through- out the full term of its license, carry public liability and pro- perty damage insurance covering the said benches constructed and placed upon City property by the Licensee, with the owners of propert which is adjacent to the location of such benches, the City, its officers, and employees as co- insured parties, which insurance shall provide coverage with minimum limits of liability for bodily injury to one person in the amount of at least One Hundred Thousand Dollars ($100,000.00), and for bodily injury to a group of persons as the result of any one accident in the amount of $300,000.00, and for property damage in the amount of at least Twenty -Five Thousand Dollars ($25,000.00). Certificates of such insurance policies shall be delivered upon commencement of coverage to the City, and shall contain (10 days prior notice to the City) endorsements. 4 -18 -7: The Licensee cannot transfer the rights herein 9 referred to, without first receiving the written consent of the City 10 Council. 4 -18 -8: The Licensee shall pay to the City five per cent 11 per annum (5 %) of all gross revenues received from advertisers per year, which said percentage shall be paid to the City quarterly. 12 The Licensee shall submit with each quarterly payment an audit cov- ering the payment period showing all advertising receipts. 4 -18 -9: The Licensee agrees to comply at all times with the laws of the State of Idaho and the ordinances and the laws of the City. 4- 18 -10: The License hereby granted is a revocable license at the will of the City." Section 2. All ordinances or parts of ordinances in con- 18 flict herewith are hereby repealed. 19 Section 3. This ordinance shall be in full force and 20 effect on the first day after the passage and approval thereof. 21 PASSED By the Council of the City of Caldwell this 7th day of September, 1965. APPROVED By the Mayor of the City of Caldwell this 7th day of September, 1965. Mayor ATTEST: