(a) The Mayor shall have the authority to enter into contracts that grant to one or more owners the privilege of installing and/or maintaining outdoor pay telephones in the public rights-of-way, or on public property, subject to the terms and conditions set forth in the contract and this section. The Mayor shall enter into these contracts through the use of competitive proposals, with the selection to be made by Council upon nomination of the Mayor.
(b) Any contract entered into pursuant to division (a) above must include as terms and conditions:
(1) The Mayor shall approve the location of any outdoor pay telephone to be installed and/or maintained pursuant to the contract. In determining whether to approve the installation and/or maintenance of an outdoor pay telephone at a particular location, the Mayor shall consider the following factors:
A. Possible obstruction of pedestrian and vehicular traffic;
B. Possible obstruction of police or fire access;
C. The existence of or lack of other pay telephones in the vicinity of the proposed location on public or private property;
D. The size of the telephone and any booth, stand or pole accompanying the telephone;
E. The ability to provide access to the outdoor pay telephone by disabled persons;
F. The proliferation of visual clutter if the outdoor pay telephone is installed in the proposed location; and
G. Such other factors as are delineated in the contract.
(2) A telephone approved for installation in the right-of-way shall be installed within 30 days of the approval, or the approval shall be considered void and no longer effective.
(3) In addition, the Mayor, the Police Chief and the members of City Council may inquire whether these officials know of any reason why the installation of the outdoor pay telephone should not be approved.
(4) Any outdoor pay telephone installed and/or maintained in accordance with the contract must:
A. Be well-lighted at all times;
B. Must allow a “ direct dial” of 911 without the need to first use a coin or a credit card or the need to dial the operator;
C. Have a functioning coin return mechanism;
D. Have affixed in a readily visible place a notice setting forth the name of the owner, the owner’ s telephone number for repair and the telephone number or serial number of the outdoor pay telephone;
E. Be maintained in a properly functioning, clean, neat and attractive condition, free of rust and free of danger of electrical shock;
F. Not be used for advertising signs or publicity of any sort; and
G. Be in full compliance with all state and federal laws and regulations, including this chapter.
(5) The owner of each outdoor pay telephone shall hold the city harmless from any and all liability, for any reason whatsoever, occasioned upon the installation and use of such telephone, other than liability arising from any negligent act or omission which is solely attributable to the city, and shall furnish, at said owner’s expense, such general commercial liability insurance as shall protect said owner and the city from all claims for damage to property or bodily injury, including death, which may arise from installation, maintenance and operation of the telephone or in connection therewith. Such policy shall name the city as an additional insured, shall be in an amount to be determined by the Mayor, but not less than $100,000 combined single limit for any injury to persons and/or damage to property, and shall provide that the insurance coverage shall not be canceled or reduced by the insurance carrier without 30 days’ prior written notice to the city. A certificate of such insurance shall be provided to the Mayor at the time of execution of the contract and shall be maintained before and during the installation of any telephone in accordance with the contract and throughout the period that the contract for any telephone is in effect.
(Ord. 24-98, passed 3-17-1998)