Santa Clara Municipal Code Art. II Duties and Liabilities

The applicant for a franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the application and processing thereof. Such payment shall be made within thirty (30) days after the City furnishes the applicant with a written statement of the expenses. The City Council may by resolution require the deposit of a sufficient sum to cover such expense in advance of processing the application.

(Ord. 1199 § 2, 11-19-1968; Formerly § 25-26)

Sidewalk benches shall be erected, installed and maintained in such a manner as to conform with the specifications required by the City Manager and the construction, installation, and erection thereof shall be under the supervision of the City Manager.

(Ord. 1199 § 2, 11-19-1968; Formerly § 25-27)

The grantee shall remove or relocate without expense to the City any facilities installed, used, or maintained under the permit when made necessary by any lawful public need of governmental character and upon order of the City Manager.

(Ord. 1199 § 2, 11-19-1968; Formerly § 25-28)

No advertising matter or sign whatever shall be displayed upon any bench except upon the front and rear surfaces of the backrest. No liquor, tavern, beer or political advertising or advertising which in the opinion of the City Manager is detrimental to the public welfare or morals shall be placed upon any such bench.

(Ord. 1199 § 2, 11-19-1968; Formerly § 25-29)

The grantee shall pay to the City on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under the franchise.

(Ord. 1199 § 2, 11-19-1968; Formerly § 25-30)

The grantee shall protect, defend, indemnify and hold harmless the City and its officers and employees from all liability for damages proximately resulting from any operation under the franchise including any liability which might arise by reason of the installation, erection or maintenance, or lack thereof, of any bench.

(Ord. 1199 § 2, 11-19-1968; Formerly § 25-31)

The grantee shall file with the City Council no less than thirty (30) days prior to any proposed sale, transfer, assignment, or lease, of the franchise or any part thereof, or any of the rights or privileges granted thereby, written evidence of the proposed transaction certified to by the grantee or its duly authorized officers. No franchise issued under the provisions of this chapter shall be sold, transferred, assigned, leased without the consent of the City Council, and any attempt to sell, transfer, assign or lease without such consent is a nullity.

(Ord. 1199 § 2, 11-19-1968; Formerly § 25-32)

(a) The fee grantee shall pay hereunder is in addition to any business license fee and shall be the fee as prescribed by the City Council at the time of granting the franchise, which fee shall not, in any event, be less than two dollars and fifty cents ($2.50) per year for each and every bench which grantee may have in the City pursuant to the franchise at any time during the year. Grantee shall pay such sums to the City annually and in advance. Grantee shall submit a verified report to the City Manager annually, showing the number of benches on location and the number of benches installed during each annual period. Said annual fee shall be paid according to the number of benches in place, whether or not there be advertising thereon.

(b) In the event of termination of a franchise agreement by City without cause, grantee shall be reimbursed for pro rata share of advanced fee representing any unexpired period of time for which advance payment was made. The franchise shall thereupon terminate and the City shall in no way be responsible for any other sum from grantee of franchise.

(Ord. 1199 § 2, 11-19-1968; Ord. 1219 § 1, 9-2-1969; Formerly § 25-32.2)

The City shall have free access to and the right at any time to inspect and audit any books and records of the grantee involving or relating to calculations and transactions related to the franchise.

(Ord. 1199 § 2, 11-19-1968; Formerly § 25-32.3)

The grantee of a franchise under this chapter shall be liable to City for all damages proximately resulting from the failure of the grantee well and faithfully to observe and perform any provision of the franchise and any provision of this chapter.

(Ord. 1199 § 2, 11-19-1968; Formerly § 25-32.4)

If the grantee of any franchise granted under this chapter fails, neglects or refuses to comply with any of the provisions or conditions prescribed in this chapter or of the grant of the franchise, and does not, within ten days after written demand for compliance, begin the work of compliance, or after such beginning, does not prosecute the work with due diligence to completion, the City, by its City Council, may declare the franchise forfeited.

(Ord. 1199 § 2, 11-19-1968; Formerly § 25-32.5)

If legal proceedings are necessary to enforce compliance with the provisions of this chapter against any grantee of a franchise, said grantee shall be liable for the value of attorneys' services, services of other personnel, and other expenses of City which are necessary to gain compliance herewith.

(Ord. 1199 § 2, 11-19-1968; Formerly § 25-32.6)