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HomeMy WebLinkAboutResolution No. 5960 RESOLUTION NO. 5 960 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING STANDARDS FOR THE ISSUANCE OF PERMITS FOR BUS BENCHES ON PUBLIC PROPERTY AND RESCINDING RESOLUTION NO. 3111 WHEREAS, Section 4134 of the Municipal Code requires the adoption by Resolution of the terms and conditions for placing and maintaining bus benches on public property for the convenience of bus passengers; and WHEREAS, the placing and maintaining of bus benches on public property was governed by Resolution No. 2265 until its repeal by Resolution No. 3111 on April 22, 1975; and WHEREAS, as a result of changed circumstances, the City Council desires to repeal Resolution No. 3111 and adopt new terms and conditions for the placing and maintaining of bus benches on public property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. Applications for bus bench permits shall be considered pursuant to Section 4134 of the Municipal Code. Each application shall be in the form approved by the City Manager and shall be signed by the applicant. The applicant shall be notified in writing of the denial or approval of each application within 90 days of the application date stamped by the City cashier at the time the application fee is paid. SECTION 2. The City Manager shall not authorize more than one bench at any approved bus stop, unless he or she determines in writing that additional benches are needed for the convenience of bus passengers. The City Manager shall not authorize a bench at a location other than an approved bus stop, unless he or she determines in writing that special circumstances warrant a bench at the particular location. Approved bus stops shall be determined pursuant to Section 3170 of the Municipal Code and shall not include school bus stops. SECTION 3. All bus benches must conform to the volumetric dimensions of 42" x 30" x 84" and must be approved as to style and design by the City Manager. S: \WPWIN \AGDA0528 \RANGEL2.WPD 1 RESOLUTION NO. 5960 SECTION 4. Bus benches shall be placed not more than 25 feet from the bus stop the bench serves and not less than two feet from the curb face at its closest point. Installation shall be on Portland cement concrete. If a curb side sidewalk is not available the permittee shall install a Portland cement concrete pad, not less than 48" x 96" in size. Such pad shall extend from the inside edge of the curb and shall be constructed in accordance with City standards. All benches shall be anchored in an approved manner to the concrete slab or sidewalk, unless written approval has been otherwise granted by the City Manager. In order to obtain such approval the applicant shall submit to the City Manager the reasons why such anchoring is not needed. SECTION 5. Each bus bench shall bear the name and telephone number of the owner of the bench in letters not less than one inch in height and not more than two inches in height. This information must be visible from the street. SECTION 6. Advertising. shall not be permitted on any bus bench adjacent to residential property. Courtesy benches shall have not more than two lines of letters: The first line shall be "Courtesy of" in letters not more than four inches high, the second line shall be the name of the firm in letters not more than six inches high. On any bench upon which advertising is authorized by the bus bench permit, the advertising shall cover not more than 75 percent of the area on the front panel only. No advertising shall be permitted on the back panel. No advertising will be permitted until the design, style, and content thereof have been approved in writing by the City Manager. A license for bench advertising shall not be issued before the bus bench permit has been approved and issued. Licensing fees shall be charged for bus bench advertising pursuant to Section 6226 (d) of the Municipal Code. SECTION 7. At the time of the issuance of any bus bench permit, the permittee shall file, or have on file, a copy of public liability and property damage insurance coverage in the amount of $300,000.00 naming the City as additional insured and carry a non - cancellation clause requiring notification to City Manager thirty (30) days prior to cancellation or expiration of coverage. The insurance policy, including any endorsements required to satisfy the provisions of this section, shall be in a form satisfactory to the City Manager. S: \WPWIN \AGDA0528 \RANGEL2.WPD } 1 RESOLUTION NO. 5960 SECTION 8. Each bus bench shall be maintained by the permittee in a good, safe, neat, and clean condition and shall be repaired, removed, or replaced within ten days after notification by the City Manager, provided, however, that in the event the City Manager determines that the same is unsafe or creates a dangerous or defective condition, he or she may order the same removed within 24 hours. If any bench is not repaired or removed by the permittee within the time specified by the City Manager, the same may be removed by the City and the costs thereof shall be chargeable to the permittee. In the event such costs are not i paid upon demand, all benches of the permittee shall be subject to City sale by auction, or shall be deemed as City property for whatever purposes the City determines as being in the public interest. Written notification must be given to the City by the permittee within ten (10) days of the removal of any bench. Benches shall not be moved from one location to another without approval and revision of permit. SECTION 9. A fee of twenty-five Dollars ($25.0q for each bench sought by the application be paid at the time of filing. At the time of the application for a bus bench permit, the City Manager shall cause notice to be mailed to the owners or occupants of all residential property within 100 feet of the proposed bench location. Notice shall be by certified mail and shall be mailed not less than 15 days prior to the - issuance of the permit. The City Manager shall determine if any objection by an adjacent owner or occupant is just cause to deny the permit application. The City also retains the right to deny permit applications for benches in commercial or industrial areas when the City Manager determines that such issuance would be contrary to the intent of the City bus bench program. SECTION 10. No bus bench permit . shall be issued until the permittee signs and files with the City a written statement that he is familiar with the terms and conditions of this resolution and consents to the same and accepts the permit subject to such terms and conditions. Every bus bench permit shall contain an expiration date. The expiration date shall be the 31st day of December, 1996. SECTION 11. The authority of the City Manager as specified herein may be delegated by him or her to such staff member or department as he or she deems advisable. SECTION 12. Any bus bench permit heretofore issued pursuant to the provisions of Section 4134 of the Municipal Code for a S: \WPWIN \AGDA0528 \RANGEL2.WPD 0 } 1 I RESOLUTION NO. 5960 bench which is not in compliance with this resolution hereby is revoked and the City Manager revocation y ager shall cause notice of revocation to be sent forthwith to any such permittee, and any bench maintained upon public property, for which such permit has been revoked, shall be removed within 30 days from the date of the notice. If the owner of any bench cannot be determined or his address is unknown, then such bench shall be removed within 30 days from the effective date of this resolution. SECTION 13. Resolution No. 3111 is hereby rescinded. SECTION 14. The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 228h day of May , 1996. „I .4t!aark. ' .4.11.411161.. Gary P McCaughan, •. Mayor ATTEST: r qt4t-tlit4 0 City Clerk I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Downey at a regular meeting thereof held on the 28th day of May , 1996, by the following vote, to wit: AYES: 4 Council Member: Boggs, Lawrence, McCaughan, Riley NOES: 0 Council Member: None ABSENT: l Council Member: Brazelton J Ciby Clerk S: \WPWIN \AGDA0528 \RANGEL2.WPD 1 . 1