Chapter 5.90 PUBLIC BENCHES

(a) "Bench" shall mean any seat located upon public property along any public way for the accommodation of passersby or persons awaiting transportation.

(b) "City Manager" shall mean the City Manager of the City of Santa Clara or his/her authorized representative.

(c) "Street" shall mean any public thoroughfare or way including sidewalks, parkways and any other public property bordering upon any public way. (Ord. 1199 § 2, 11-19-68. Formerly § 25-18).

5.90.020 Franchise necessary.

No person shall install, erect or maintain any bench on public property of City except as authorized herein and without first obtaining a franchise therefor from the City Council. (Ord. 1199 § 2, 11-19-68. Formerly § 25-19).

5.90.030 Franchise – Application.

An applicant for a franchise shall file with the City Council an application stating:

(a) The name of the applicant.

(b) The purpose for which the franchise is desired.

(d) The amount or amounts applicant, if granted the franchise, proposes to pay to the City during the life of the franchise and any other terms and conditions that the applicant may desire so long as they are supplemental to and not inconsistent with those set forth in this chapter. (Ord. 1199 § 2, 11-19-68. Formerly § 25-20).

5.90.040 Notice of hearing – Publication – Time.

(a) Upon receipt of the application, the City Council may pass a resolution stating the character of the franchise, setting forth the notice of the date, hour and place when and where all persons having any objection to the granting thereof may appear before the City Council and be heard thereon, and directing the City Clerk to publish a notice thereof at least once within fifteen (15) days after the passage of the resolution in a newspaper of general circulation within the city.

(b) The time fixed for the hearing shall be not less than twenty (20) nor more than sixty (60) days after the date of passage of the resolution. (Ord. 1199 § 2, 11-19-68. Formerly § 25-21).

5.90.050 City Council's discretion.

Nothing in this chapter shall make it mandatory for the Council to authorize publication of said notice. The Council may consider applicant's ability to carry out his/her proposal, its financial and business standing, experience and any other pertinent factors. (Ord. 1199 § 2, 11-19-68. Formerly § 25-22).

5.90.060 Hearings.

At the time set for the hearing, the City Council shall hear the application and the protests. The City Council may adjourn the hearing from time to time. Following the conclusion of the hearing, the City Council shall decide if the permit shall be granted. The decision of the City Council shall be final and conclusive. The permit shall be granted by resolution upon terms, conditions and restrictions as set forth in the application as the City Council deems are in the public interest, and upon such other terms, conditions and restrictions as the City Council deems are in the public interest and are not inconsistent with this chapter. (Ord. 1199 § 2, 11-19-68. Formerly § 25-23).

5.90.070 Effective time.

Any franchise granted under this chapter shall not become effective until the grantee files a written acceptance thereof with the City Clerk. It shall be for a term prescribed by the City Council unless sooner revoked. (Ord. 1199 § 2, 11-19-68. Formerly § 25-24).

5.90.080 Sidewalk bench franchises – Revocable.

Every sidewalk bench franchise granted under this chapter confers upon the grantee the right to erect, install, and maintain certain benches for the use of the public to be placed on public sidewalks at such places as the City Manager shall designate within the city in such a manner as not to unduly interfere in any way with the use of the sidewalk by pedestrians. Any permit granted under this chapter shall be revocable by the City without cause upon thirty (30) days' notice of such revocation.

Such rights shall not include the right to occupy any park, playground or other municipal property (exclusive of public thoroughfares), unless a special permit therefor shall be granted by the City Council. (Ord. 1199 § 2, 11-19-68. Formerly § 25-25).

Article II. Duties and Liabilities

5.90.090 Duty of applicant – Publication expenses.

The applicant for a franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the application and processing thereof. Such payment shall be made within thirty (30) days after the City furnishes the applicant with a written statement of the expenses. The City Council may by resolution require the deposit of a sufficient sum to cover such expense in advance of processing the application. (Ord. 1199 § 2, 11-19-68. Formerly § 25-26).

5.90.100 Duty of grantee – Construction, installation, maintenance, etc.

Sidewalk benches shall be erected, installed and maintained in such a manner as to conform with the specifications required by the City Manager and the construction, installation, and erection thereof shall be under the supervision of the City Manager. (Ord. 1199 § 2, 11-19-68. Formerly § 25-27).

5.90.110 Removal or relocation.

The grantee shall remove or relocate without expense to the City any facilities installed, used, or maintained under the permit when made necessary by any lawful public need of governmental character and upon order of the City Manager. (Ord. 1199 § 2, 11-19-68. Formerly § 25-28).

5.90.120 Regulations generally – Advertising.

No advertising matter or sign whatever shall be displayed upon any bench except upon the front and rear surfaces of the backrest. No liquor, tavern, beer or political advertising or advertising which in the opinion of the City Manager is detrimental to the public welfare or morals shall be placed upon any such bench. (Ord. 1199 § 2, 11-19-68. Formerly § 25-29).

5.90.130 Payment for repairs to public property.

The grantee shall pay to the City on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under the franchise. (Ord. 1199 § 2, 11-19-68. Formerly § 25-30).

5.90.140 Indemnification of City.

The grantee shall protect, defend, indemnify and hold harmless the City and its officers and employees from all liability for damages proximately resulting from any operation under the franchise including any liability which might arise by reason of the installation, erection or maintenance, or lack thereof, of any bench. (Ord. 1199 § 2, 11-19-68. Formerly § 25-31).

5.90.150 Filing of franchise transfer.

The grantee shall file with the City Council no less than thirty (30) days prior to any proposed sale, transfer, assignment, or lease, of the franchise or any part thereof, or any of the rights or privileges granted thereby, written evidence of the proposed transaction certified to by the grantee or its duly authorized officers. No franchise issued under the provisions of this chapter shall be sold, transferred, assigned, leased without the consent of the City Council, and any attempt to sell, transfer, assign or lease without such consent is a nullity. (Ord. 1199 § 2, 11-19-68. Formerly § 25-32).

5.90.160 Records – Payment.

(a) The fee grantee shall pay hereunder is in addition to any business license fee and shall be the fee as prescribed by the City Council at the time of granting the franchise, which fee shall not, in any event, be less than two dollars and fifty cents ($2.50) per year for each and every bench which grantee may have in the City pursuant to the franchise at any time during the year. Grantee shall pay such sums to the City annually and in advance. Grantee shall submit a verified report to the City Manager annually, showing the number of benches on location and the number of benches installed during each annual period. Said annual fee shall be paid according to the number of benches in place, whether or not there be advertising thereon.

(b) In the event of termination of a franchise agreement by City without cause, grantee shall be reimbursed for pro rata share of advanced fee representing any unexpired period of time for which advance payment was made. The franchise shall thereupon terminate and the City shall in no way be responsible for any other sum from grantee of franchise. (Ord. 1199 § 2, 11-19-68; Ord. 1219 § 1, 9-2-69. Formerly § 25-32.2).

5.90.170 Right to inspection of books.

The City shall have free access to and the right at any time to inspect and audit any books and records of the grantee involving or relating to calculations and transactions related to the franchise. (Ord. 1199 § 2, 11-19-68. Formerly § 25-32.3).

5.90.180 Liability – Unfaithful performance.

The grantee of a franchise under this chapter shall be liable to City for all damages proximately resulting from the failure of the grantee well and faithfully to observe and perform any provision of the franchise and any provision of this chapter. (Ord. 1199 § 2, 11-19-68. Formerly § 25-32.4).

5.90.190 Forfeiture of franchise.

If the grantee of any franchise granted under this chapter fails, neglects or refuses to comply with any of the provisions or conditions prescribed in this chapter or of the grant of the franchise, and does not, within ten days after written demand for compliance, begin the work of compliance, or after such beginning, does not prosecute the work with due diligence to completion, the City, by its City Council, may declare the franchise forfeited. (Ord. 1199 § 2, 11-19-68. Formerly § 25-32.5).

5.90.200 Necessity for legal proceedings – Payment of legal fees.

If legal proceedings are necessary to enforce compliance with the provisions of this chapter against any grantee of a franchise, said grantee shall be liable for the value of attorneys' services, services of other personnel, and other expenses of City which are necessary to gain compliance herewith. (Ord. 1199 § 2, 11-19-68. Formerly § 25-32.6).