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HomeMy WebLinkAboutORD 91-9 ORDINANCE NO. f— q AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A NEW SECTION REGARDING OCCUPANCY OF THE PUBLIC RIGHT-OF-WAY BY PRIVATELY OWNED BUS BENCHES. WHEREAS, it is in the best interest of the City of Beaumont for those persons who are waiting for public transportation to be provided bus benches; and WHEREAS, a system of permitting those persons who desire to provide such bus benches and regulating their location, construction and removal is in the best interest of the citizens of the City of Beaumont: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: "ARTICLE V. Section 1. "Sec. 26-99. "The City of Beaumont acting by and through its City Manager is hereby authorized to permit the occupancy of the public right-of-way outside of the roadway for placement of privately- owned bus benches bearing advertising at bus stops for the convenience of patrons of the transportation system. The occupancy of privately-owned bus benches located with the public right-of-way shall meet all of the regulations promulgated by the City Manager and the City Manager is specifically directed to promulgate and enforce such regulations. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the A5Mvday of 1991. c. - Mayor - REGULATIONS FOR PLACEMENT OF PRIVATELY-OWNED BUS BENCHES WITHIN THE PUBLIC RIGHT-OF-WAY SEC. 1.0 Authority The primary purpose of these regulations is to ensure the orderly placement of privately-owned bus benches, bearing advertising, in the public right-of-way as permitted under Chapter 26, Article V of the City of Beaumont Code of Ordinances. These regulations are established by the City Manager as authorized in Sec. 26-99. SEC. 2.0 Permit 2.1 A revocable permit may be issued to any person or corporation making application to the City of Beaumont Traffic Engineer or his designated representative for placement of bus benches at specific bus stop locations. A single permit may be issued permitting the installation of courtesy bus benches at more than one bus stop; provided, however, that a separate permit fee shall be paid for each stop as hereinafter provided. The non- refundable permit fee shall be $50 for each location. 2.2 Application for permits for bus stops shall be made by written application to the Office of the Traffic Engineer of the City of Beaumont. An open application period commencing upon the date of passage of this ordinance and expiring sixty (60) days thereafter shall be provided during which time persons interested in applying for permits for bus bench locations shall be allowed to make application. Should more than one (1) application be received for a bus bench location, the bus bench permit shall be awarded by random drawing. A list of those bus stop locations which are eligible for bus benches and the maximum number of benches which may be installed may be obtained from the Office of the Traffic Engineer. 2.3 Application for bus bench permits shall be submitted in writing and shall consist of the following: "1) letter of proposal; "2) map and listing of the proposed locations; "3) a drawing or picture of the bench proposed to be installed; "4) a written letter committing to adhere to the requirements of this ordinance; "5) proof of liability insurance as required herein. 2.4 Permits, when issued, will be valid for five (5) years. There shall be a $25per year renewal fee for each location. At the end of the five-year period, the applicant shall be required to resubmit an application for any location upon which a bus bench is to remain. Other proposals may be accepted at any time for locations that have not been permitted. The City of Beaumont retains the right to reject any proposal at its sole discretion or to revoke any permit at its sole discretion upon providing six (6) months written notification to the permittee. Upon receiving notification, the permittee shall remove its bus bench within a thirty (30) day period. Permits, once issued, will expire and automatically terminate sixty (60) days after their issuance unless a bus bench is installed at the permitted location. 3.0 Bus Bench Installation 3.1 Prior to the installation of any bus bench, the applicant shall submit a scale drawing for each location. The scale drawing shall include, but not be limited to, the location of sidewalks, ditches, catch basins, curbs, signs, fire hydrants, etc. The applicant shall notify the Transportation Division no less than twenty-four (24) hours prior to installation of any bench to allow for the scheduling of an inspection. 3.2 The maximum dimension of each bench shall be forty-two inches (42") tall, thirty inches (30") inches wide, and eighty-four inches (84") long and of a weight no less than three hundred fifty (350) pounds. Identification shall be placed on the benches stating the owner's name and telephone number. Benches shall not be placed where the abutting property is residentially-zoned or is a designated park. 3.3 Benches shall be located no further than fifteen feet (15') from the sign which designates the location as a transit stop and no closer than ten feet (10') to a fire hydrant or standpipe. Benches shall be located at least three feet (3') from the back of the curb or edge of the travelled way, but shall be so located so as not to block pedestrian access along the city right-of-way. The definition of "blocking pedestrian access" shall be providing less than a four foot (4') path on the City right-of-way for pedestrian use. At locations with sidewalks the four foot (4') path shall be provided on the sidewalk. Benches shall be located such that they do not cause a sight restriction for drivers at intersections or at driveways. If upon notification that a sight restriction exists and the permittee does not relocate the bus bench or remove it to eliminate the sight restriction, the permit for that location may be cancelled. 3.4 The advertising on the bench shall be located only upon the upright portion of the seat. Both front and back may be used. No advertising of sexually-oriented businesses or products, tobacco products, or alcohol-related products or businesses shall be allowed. Additionally, the advertising shall not contain messages which are considered patently offensive or obscene as determined by contemporary community standards. 4.0 Bus Bench Maintenance 4.1 The permittee shall maintain the benches in a safe, clean and neat condition at all times. Damaged or defaced benches shall be repaired or replaced immediately upon notification or discovery of such condition. The applicant shall provide weekly mowing and litter pickup at all bus bench locations. If a litter problem exists, the applicant may be required to place and provide a garbage can and garbage pickup at the location. Upon receipt of notice, the permittee shall relocate the bench within 24 hours, as directed by the Traffic Engineer or his designee to allow for roadway or utility maintenance. 5.0 Indemnification & Insurance 5.1 The permittee shall, by acceptance of the permit and in writing, indemnify and save harmless the City of Beaumont, its officers, agents and employees from any and all loss, costs, attorneys fees, damages, expenses, or liabilities of any kind which may result from or arise out of the granting of such permit and the installation and maintenance of each bench for which a permit is issued, specifically including all loss, costs, attorneys fees, damages, expenses or liabilities which may result from or arise out of the sole negligence of the City of Beaumont. 5.2 The permittee, at its own cost and expense, shall maintain, throughout the term of their permit, and provide a certificate of insurance to the City of Beaumont showing coverage as follows: A. A general liability policy covering bodily injury, including death, in the amount of$500,000.00 for combined single limit and $50,000.00 coverage for injury or destruction to property of others in any one accident. Such insurance policy shall be broad form and shall specifically include contractual coverage for the indemnity provision required in the permit and shall constitute a minimum requirement and shall in no way be deemed to limit or lessen the liability of their permittee under the terms of such permit. B. The City of Beaumont shall be an additional named insured on the insurance described herein. 6.0 Default 6.1 If default shall occur with reference to any provision or condition contained herein to be kept by the permittee, the City shall have the sole option to declare the rescission of the revocable permit after first giving written notice specifying the particular breach or default on the part of their permittee. If the permittee fails to completely remedy and cure said breach or default within ten (10) days from the transmission of written notice, the City may have the bench or benches removed and have the right to charge a removal fee in the amount of $50.00 per bench. In the event the permittee does not claim any benches removed for cause within thirty (30) days of removal, the bench or benches shall become sole property of the City and may be disposed of."