Fresno Municipal Code Art. 5 Telephones in Public Places

Whenever it is desired that a public telephone be installed on or over public property owned or controlled by the City, such installation may be permitted pursuant to the following procedure.

(Added Ord. 6439, 1964).

An applicant for installation of a public telephone on public property owned or controlled by the city, shall apply in writing therefor to the Director of General Services upon a form approved by the Director. The application shall contain the name and address of the applicant, a description of the telephone installation, its exact location, telephone and electrical services thereto, and a plot plan thereof, and such other and further information as the Director may require.

(Added Ord. 6439, 1964; Am. Ord. 87-110, § 1, eff. 9-25-87).

The Director of General Services is authorized to issue such permits, with the approval of the City Manager, from time to time. The Director and the City Manager shall approve the number and location of such public telephones so as to best serve the public interest. The installation of the public telephones is to be in a manner acceptable to the Director.

(Added Ord. 6439, 1964; Am. Ord. 87-110, § 2, eff. 9-25-87).

Permits issued pursuant to this article shall include the following provisions:

(a) The permittee shall maintain the public telephones and any associated booths in good repair and safe and sightly condition at permittee's expense and to the satisfaction of the Director of General Services. The permittee shall ensure that the public telephones and any associated booths comply with the current Federal and State regulations for accessibility for persons with disabilities, including signage, clearances, installation height, floor area, and telephone equipment.

(b) The permittee shall save the city harmless from any and all losses, claims, or judgments for damages to any person or property arising from the installation, maintenance, or presence of the public telephones.

(c) The permit shall be issued subject to the successful negotiation of a contract document which details the specific remuneration to be paid to the city for a term not to exceed five years.

(d) With the approval of the City Manager, the Director of General Services may give the permittee written notice of revocation of the permit. Within thirty days the permittee shall remove its installation.

The permittee in its discretion may remove any telephone installation after sixty days written notice to the city. In the event of the removal by the permittee of any such installation or installations, either at the request of the city or in the exercise of the permittee's discretion, permittee shall restore the public property as nearly as practicable to its condition prior to such installation or installations, or to the condition which would have existed if the telephone had not been installed. In addition, the permittee shall compensate the city for any lost revenue during the contract period as a result of the removal of telephonic equipment.

(Added Ord. 6439, 1964; Am. Ord. 87-110, § 4, eff. 9-25-87; Am. Ord. 2011-6, § 6, eff. 4-10-11).

The permittee shall pay the city an amount as set forth in the contract document for each public telephone installed pursuant to this article. Payments shall be made to the city not less frequently than monthly.

(Added Ord. 6439, 1964; Am. Ord. 87-110, § 5, eff. 9-25-87).