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A separate permit is required in accordance with the provisions of Article 18 of the San Francisco Public Works Code, before any excavation is made in street or sidewalk for the purpose of installing pipes or conduits. A separate permit is required for electrical work, in accordance with the San Francisco Electrical Code.
(Added by Ord. 122-70, App. 4/17/70)
(a) The permittee shall pay monthly to the City and County of San Francisco in lawful currency of the United States an amount of money equal to the greater of $75, or 35 percent of the total gross receipts generated by the usage of each and every public telephone installed and maintained under the provisions of this Article. Such payments shall be made monthly by every permittee to the Controller of the City and County of San Francisco together with a full, true and correct statement of all its gross receipts from each and every public telephone for the preceding month. The permittee shall file with the Director of Public Works annual reports covering each 12-month period, ending June 30th. Such reports shall be submitted no later than 30 calendar days after the end of each period and shall include the total number of public telephones in operation, the gross receipts and the total amount paid to the City and County of San Francisco for the last expired period.
(b) The permittee shall at all times keep and maintain a full, true and correct account of its gross receipts, of every kind and nature, including noncoin receipts and revenues from service enhancements, from each and every public telephone installed and maintained under the provisions of this Article, which said accounts, and all books, records, correspondence and documents of the company in connection therewith shall at all times be open to audit, inspection and examination by the Controller of said City and County of San Francisco.
(Added by Ord. 122-70, App. 4/17/70; amended by Ord. 287-92, App. 9/16/92; Ord. 139-98, App. 5/1/98)
The permittee shall indemnify, save harmless and defend the City and County of San Francisco, and all of its officers, agents and employees, against any and all claims and liability for injury to or death of any person, or damage to any property arising out of any acts or omissions in connection with the installation or maintenance of any public telephone on the sidewalks of the City and County of San Francisco on the part of the permittee, its officers, agents or employees, or any contractor or subcontractor retained by or on behalf of it, or the officers, agents or employees of any of the same. The permittee shall further indemnify, save harmless and defend the City and County of San Francisco, and all of its officers, agents and employees against any and all claims and liability arising by reason of any claims or demands of contractors or subcontractors retained by or on behalf of the permittee, or by reason of any liens or other claims which may be filed by or on behalf of any of the same, or by, or on behalf of, any other person regarding the provisions of this Article.
(Added by Ord. 122-70, App. 4/17/70; amended by Ord. 287-92, App. 9/16/92)
(a) The permittee shall, at all times during the existence of any public telephone on the sidewalks of the City and County of San Francisco, maintain in force, furnish to the City and County of San Francisco and file with the Controller thereof, at its own expense, an insurance policy or policies, in protection of the City and County of San Francisco, its boards, commissions, officers, agents and employees, in a company or companies approved by the Controller and in form satisfactory to the City Attorney of the City and County of San Francisco, protecting the City and County of San Francisco and said persons against liability for loss or damages for personal injuries, bodily injuries, death or property damage resulting directly or indirectly from the operations of the permittee under this Article, with single liability limit of not less than $500,000 each occurrence applying to personal injuries, bodily injuries, death and property damage or a combination of such injuries.
(b) The policy or policies shall be expanded to include contractual liability assumed under the provisions of this Article with respect to bodily injuries, personal injuries, death and property damage. Said policy or policies shall apply as primary insurance and shall stipulate that no other insurance effected by the City and County of San Francisco will be called on to contribute to a loss covered hereunder. Said policy or policies shall provide 30 days' notice to Controller, City and County of San Francisco, Room 109, City Hall, if the policy or policies should be cancelled or materially changed.
(c) In lieu of an insurance policy or policies as specified above, the permittee may, subject to written approval of City's Controller, furnish satisfactory evidence of self-insurance and financial responsibility. The permits granted by the Director of Public Works for the installation and maintenance of public telephones shall automatically terminate upon the termination of such insurance.
(Added by Ord. 122-70, App. 4/17/70; amended by Ord. 287-92, App. 6/19/92)
(a) In the event that a public telephone is discontinued in use at a particular location or installed without permit, or in the event that a permit is revoked or terminated, the installation or continued maintenance of said telephone shall be deemed unlawful pursuant to Section 952 of this Article, unless the permittee or pay phone service provider removes the telephone or telephones and associated wires, conduits and structures and restores the area to a condition satisfactory to the Department of Public Works within 10 days after receiving written notice from the Director of Public Works of the said unpermitted telephone. If said telephone was installed without a permit and is not removed as required by this Article, the owner of the immediately adjacent property to which the instrument is connected will be provided notice to remove the telephone and restore the area to satisfactory condition subject to the provisions of Public Works Code Section 706, et seq.
(b) If said telephone was installed with a permit that has since been terminated or revoked, the permittee shall be provided notice to remove the telephone and shall be responsible on its bond for the cost of the removal of the telephone and the restoration of the area to good condition.
(Added by Ord. 122-70, App. 4/17/70; amended by Ord. 287-92, App. 9/16/92)