Pomona Municipal Code § 46-381 Criteria for granting

Footnotes:

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Charter reference— Franchises, § 1301 et seq.

Cross reference— Signs, ch. 42.

Nonexclusive franchises shall be granted by the city to approved applicants for the privilege of placing, constructing and maintaining benches or shelters with advertising on them at designated locations along the streets in the city. Criteria for awarding of franchise contracts shall be promulgated by the city manager.

(Code 1959, § 11.2-1; Ord. No. 3606, § 1 (part))

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bench means a seat located upon public property along the public way for the accommodation of passersby or persons awaiting transportation.

Bench shelter means a freestanding three-sided structure designed for the accommodation of passersby or persons awaiting transportation utilized for the purpose of providing a protection.

Grantee means a person granted a nonexclusive bus bench/shelter franchise pursuant to this article.

Quarterly period means a period of three consecutive months. The quarters begin on January 1, April 1, July 1 and October 1 of each year.

Street means any public thoroughfare or way, including the sidewalk, the parkway and other public property fronting a public way.

(Code 1959, § 11.2-2; Ord. No. 3606, § 1 (part))

Cross reference— Definitions generally, § 1-2.

No person shall install or maintain any bench or shelter with advertising on it along any street in the city except in accordance with the provisions of the franchise granted pursuant to this article.

(Code 1959, § 11.2-3; Ord. No. 3606, § 1 (part))

For the privilege granted in the franchise pursuant to this article, the grantee shall pay to the city on a quarterly basis a fee per bus bench and/or shelter, and the fee shall be set by sealed bid. No later than the tenth day of the month following the close of each quarterly period, the grantee shall submit a report to the city treasurer stating the total number of benches and/or shelters in place on the last day of the preceding month and providing the following information for each bench or shelter: (i) the bench or shelter number, (ii) the bench or shelter location, (iii) the name of any business on abutting property, and (iv) the name of the advertiser on the bench or shelter. The fee shall be paid according to the number of benches or shelters in place on the last day of the quarterly period, whether or not there is advertising on them, and shall be paid on or before the tenth day of the month following the close of the quarterly period.

(Code 1959, § 11.2-4; Ord. No. 3606, § 1 (part))

No bus benches or shelters shall be placed or installed under the provisions of the franchise granted under this article until the insurance policy and performance bond as specified in the franchise agreement are filed with the city clerk.

(Code 1959, § 11.2-5; Ord. No. 3606, § 1 (part))

No advertisement or sign on any bus bench or shelter shall display the words, "stop," "look," "drive-in," "danger" or any other word, phrase, symbol or character that might interfere with, mislead or distract traffic. No bus bench or shelter shall be placed in an area zoned residential without the prior permission of the public works director. Such permission shall be given upon a showing that the bench or shelter will not constitute a nuisance.

(Code 1959, § 11.2-6; Ord. No. 3606, § 1 (part))

Bus benches or shelters shall be placed, maintained and relocated as required by the city manager. The benches or shelters are designed for the convenience of those using the buses in the city and shall be placed upon the streets traversed by public transit buses in the city. The benches or shelters may not be installed at any place except public carrier stops except with the express approval of the public works director. Such permission shall be given upon a showing that the bench or shelter will not be a nuisance and a further showing that there is a need for the bench or shelter.

(Code 1959, § 11.2-7; Ord. No. 3606, § 1 (part))

All bus benches or shelters must be cleaned regularly when needed and must be maintained in good repair in a safe and sightly condition. All trash and other debris shall regularly and when needed be removed from around the bench or shelter. The franchise grantee shall inspect each bench or shelter periodically to ensure full compliance with this section. The city manager's decision as to the state of repair and condition of the benches or shelters shall be conclusive.

(Code 1959, § 11.2-8; Ord. No. 3606, § 1 (part))

Specifications and regulations pertaining to placement of bus benches or shelters on city property, including distances from curbs and intersections, as well as bench or shelter design and structural requirements shall be promulgated by the public works director and included in the franchise agreement. Such requirements shall be designed to further public safety and avoid the creation of nuisances.

(Code 1959, § 11.2-9; Ord. No. 3606, § 1 (part))

The city shall have the right at all reasonable times to examine all books, papers, and records of the grantee to verify the statements or reports required and for any other purpose connected with this article.

(Code 1959, § 11.2-10; Ord. No. 3606, § 1 (part))

Franchises granted pursuant to this article may not be sold, transferred, assigned or otherwise disposed of, without prior written consent of the city council. The council may grant or deny any request and may impose conditions as it deems to be in the public interest. Any attempted disposition made without the council's consent shall be void.

(Code 1959, § 11.2-11; Ord. No. 3606, § 1 (part))