In order to provide for the convenience, welfare and safety of the public in the use of streets, sidewalks and public property adjacent thereto, the city, through the City Council, authorizes and empowers a qualified person, firm or corporation to install benches on public property along and adjacent to streets and sidewalks for the use and accommodation of the public, including persons awaiting public bus transportation and others, and such qualified person firm, or corporation so authorized to install such benches is empowered and given the right to use, maintain and operate the same and to place advertising matter and signs thereon, all subject to the regulations, limitations and conditions as provided in this chapter.
(Ord. 48-1988, passed 10-19-1988)
All such benches installed pursuant to this chapter and all persons, firms or corporations applying for authority and permission to install the same under the provisions hereof shall conform rigidly to the following standards and specifications:
(A) Such benches shall be placed and located on public property along and/or adjacent to city streets or sidewalks in such a manner as to best promote the convenience and safety of the traveling public and to facilitate and allow free and customary use of any street, alley or sidewalk;
(B) No such benches shall be placed or maintained at any location which would tend to obstruct the use of any street, alley or sidewalk or to create a safety hazard or inconvenience to persons or vehicles traveling thereon;
(C) Such benches shall be periodically inspected and maintained in a safe, clean, sightly and uniform condition;
(D) Such benches shall be seven feet in length, 25 inches in depth, 42 inches in height and not more than six inches in thickness. The ends and legs of such benches shall be made of concrete and the seats and backs thereof shall be made of hardwood or weatherproof plywood. Such benches shall be of uniform type, construction and appearance so as to promote the aesthetic value and beautification of the city;
(E) Such benches shall be so constructed that the backs thereof are seven feet in length and two feet in height, and it shall be lawful for such person, firm or corporation qualifying and holding a permit issued pursuant to this chapter to display advertising matter and signs on each side of such backs; provided that no advertising matter or signs placed on the backs of such benches shall contain words or symbols which might tend to cause traffic confusion, such as “stop,” “danger,” “drive-in” or other such words.
(Ord. 48-1988, passed 10-19-1988)
(A) No more than one single permittee shall be authorized to install and maintain such benches in order that all responsibility and liability imposed under the law will be clearly fixed in such permittee for the benefit of the public and the city.
(B) The city shall select this company or individual in the following manner.
(1) At a date established by the Board of Works, bids will be taken for a three-year lease of the public benches. Such bidding will be conducted in accord with the standards set forth in I.C. 36-1-11-10.
(2) The Board of Works will accept the best bid and award to the company or individual making this bid a three-year lease for these benches. This lease will include the responsibility of maintaining the benches and the right to advertise on these benches as set forth above. The Board of Works retains the right to reject all bids if no suitable bid is offered.
(3) At the end of each three-year period, the Board of Works will conduct this bidding process for the next three-year lease.
(Ord. 48-1988, passed 10-19-1988)
(A) Any such permit so issued shall be nontransferable by the permittee, and such permittee shall agree by the act of accepting such permit that the city shall not be held liable, on any cause of action at law or equity of whatever nature which might arise as a result of the installation, maintenance or use of such benches, and that such permittee shall pay any judgment with costs which may be taken against the city, its officers, agents or employees as a result therefrom.
(B) Such permittee before proceeding to install such benches shall furnish to and file with the City Controller and at all times pay the premium to keep in effect a policy of insurance in some company approved by the city naming the licensee and the city or its agents or employees as assured which shall be in such form as to protect the city, its agents or employees against all claims resulting from the installation or maintenance of such benches and to pay all damages as a result of any such suit. Such policy shall be conditioned to pay all damages not exceeding the sum of $100,000 for the death or injury to any one person with a total limit of liability for death or injury of not less than $200,000 and $5,000 for property damage.
(Ord. 48-1988, passed 10-19-1988)