Chapter 3
TELEPHONES IN PUBLIC RIGHTS-OF-WAY
Sections:
7-3.01 Public telephones in public ways.
7-3.04 Authorization to issue permits.
7-3.05 Permittee to pay for installation.
7-3.01 Public telephones in public ways.
It is in the public interest that public telephones be placed on the public sidewalks and other public areas of the City, at locations to be designated as provided in Section 7-3.05 of this chapter. Such telephones shall be an aid in fire protection, the prevention and detection of crime, and the reporting of accidents and other emergencies. Such telephones shall also be a convenience to the public. Such telephones shall be located so as not to unreasonably interfere with the rights of the public to use such sidewalks and public areas and shall be consistent with the dedication of such areas to the public use.
(§ 1, Ord. 91 C-M, eff. January 7, 1965)
7-3.02 Permit required.
No installation of a public telephone shall be made in any sidewalk or public area without first having obtained a permit. A permit may be issued upon receiving an application on a form prescribed and furnished by the City. The applicant shall furnish such information as may be required by the form. The applicant shall pay a permit and inspection fee as may be established by resolution of the Council.
(§ 1, Ord. 91 C-M, eff. January 7, 1965)
7-3.03 Payment to the City.
The permittee shall pay to the City an amount equal to fifteen (15%) percent of the receipts in lawful currency of the United States (exclusive of Federal communications excise taxes) from the coin receptacles of each public telephone installed pursuant to such permit. Payments shall be made to the City not less frequently than annually.
(§ 1, Ord. 91 C-M, eff. January 7, 1965)
7-3.04 Authorization to issue permits.
The Director of Public Works is hereby authorized to issue permits from time to time to the serving telephone company for the installation and maintenance of public telephones on the public sidewalks and other public areas of the City. The Director of Public Works shall approve the number and location of such public telephones so as to best serve the public interest.
(§ 1, Ord. 91 C-M, eff. January 7, 1965)
7-3.05 Permittee to pay for installation.
The installation of the public telephones shall be in a manner acceptable to the Director of Public Works, and the City, at its expense, shall furnish electrical power for the illumination for such installations, except that the permittee shall be responsible for, and shall pay for, any and all installation and removal costs.
(§ 1, Ord. 91 C-M, eff. January 7, 1965)
7-3.06 Permit contents.
Permits issued pursuant to Section 7-3.04 of this chapter shall include the following provisions:
(a) The permittee shall maintain the public telephones and any associated booths in good repair and safe and sightly condition at the permittee’s expense and to the satisfaction of the Director of Public Works.
(b) The permittee shall save and hold the City harmless from any and all losses, claims, or judgments for damages to any person or property arising from the installation, maintenance, or presence of the public telephones in the public ways.
(c) The permit shall be revocable upon thirty (30) days’ written notice to the permittee from the Director of Public Works. The permittee in its discretion may remove any telephone installation at any time. In the event of the removal by the permittee of any such installation or installations, either at the request of the City or in the exercise of the permittee’s discretion, the permittee shall be responsible for all removal costs and shall restore the sidewalk as nearly as practicable to its condition prior to such removal. Should the permit be revoked, the permittee shall forthwith remove at its expense its installation or installations.
(§ 1, Ord. 91 C-M, eff. January 7, 1965)