A contract governing the exclusive placing and maintaining of benches within the City shall be awarded to that individual proposer submitting the best proposal for the rendering of such service. Such contract shall require an agreement as to the following regulations:
A. No bench shall be placed, located or maintained within the City without a location permit obtained from the Director of Transportation.
B. No bench shall be more than forty-two (42) inches high nor more than two (2) feet six (6) inches wide nor more than seven (7) feet long, over all.
C. Each bench shall have conspicuously displayed thereon the name of the permittee.
D. No advertising matter of any kind shall be displayed upon any bench within the City.
E. No bench shall tend to obstruct passage along any right-of-way or to create a hazard, inconvenience, or be detrimental to the public safety and welfare.
F. No bench shall be placed or maintained at a point less than eighteen (18) inches or more than thirty (30) inches from the face of the curb and each bench must be kept parallel with the curb.
G. It shall be the duty of the permittee to maintain each bench at all times in a safe, clean and painted condition and at its proper and lawful location, and to inspect each bench periodically and to immediately remove any bench which the Director of Transportation determines should be removed in the public interest for any reason;
H. The City reserves the right to terminate any agreement entered into pursuant to this Subchapter at its discretion upon giving thirty (30) days written notice to the permittee within which thirty (30) day period the permittee shall remove all benches required by the City to be removed.
I. In the event a permittee neglects or refuses to remove any bench pursuant to such notice, the City may remove it and charge the permittee or owner thereof a minimum charge performed by City crews for removal and storage, as set forth by resolution, and at the end of sixty (60) days of storage, sell or otherwise dispose of any benches remaining unclaimed.
J. The City Council may impose additional regulations and requirements or modify the herein regulations by its resolution.
K. The permittee shall agree to indemnify and save harmless the City, its agents, officers and employees from any and all loss, costs, damages, expenses or liability which may result from or arise out of the granting of any permit or the installation or maintenance of any bench. In connection herewith, permittee shall at all times keep and maintain public liability insurance in the sum of One Hundred Thousand Dollars/Three Hundred Thousand Dollars ($100,000.00/$300,000.00) and Ten Thousand Dollars ($10,000.00) property damage.
('65 Code, § 30-54) (Ord. No. CS-736 § 1 (part); Ord. No. CS-809 § 3; Ord. No. 2007-002 § 10)