SEC. 12-043.1. FINDINGS:
The Council for the City of Stockton hereby finds and determines that the public safety and welfare requires the issuance of an exclusive franchise, limited to a reasonable term of five (5) years, as said franchise:
(1) Eliminates the necessity of identifying the owner of the bench when repairs are required for safety;
(2) Eliminates clutter caused by unnecessary benches being located at prime locations;
(3) Enables the City to control placement and condition and benches; and
(4) Enables the City to protect the public from undue encroachment into and upon the public right-of-way.
(Added by Ordinance 019-97C.S. — Effective August 28, 1997)
SEC. 12-043.2. GRANT OF FRANCHISE:
The City of Stockton hereby grants to COAST UNITED ADVERTISING (BENCH AD COMPANY), a California Corporation, for the term of five (5) years from and after the effective date of this ordinance, subject to all the terms and conditions hereinafter made and expressed, the franchise, right, privilege and permission to place, construct and maintain benches with advertising thereon on the streets and sidewalks in the City of Stockton.
(Added by Ordinance 019-97C.S. — Effective August 28, 1997)
SEC. 12-043.3. GENERAL CONDITIONS:
(1) Wherever the words City Manager appear in this ordinance, they shall mean the City Manager of the City of Stockton or an authorized representative.
(2) Benches shall be, and remain, the property of the Franchisee.
(3) Franchisee shall place and maintain a minimum of three hundred eight (308) benches.
(4) Franchisee shall pay all expenses of publication incurred in the granting of this franchise.
(5) The Franchisee shall post a performance bond in the sum of $15,000.00, guaranteeing its performance of the conditions of this franchise and stating that the said sum of $15,000.00 shall be forfeited to the City as liquidated damages in the event of Franchisee's failure to perform the conditions of its franchise. Said bond shall be furnished by a surety company authorized to do business in the State of California and approved by the City Manager.
(6) The City shall have the right at all reasonable times to examine all books, papers and records of the Franchisee for the purpose of verifying the statements or reports required and for any other purpose whatsoever connected with the franchise.
(Added by Ordinance 019-97C.S. — Effective August 28, 1997)
SEC. 12-043.4. CONSTRUCTION:
(1) No work shall be commenced under the provisions of this franchise until plans and specifications shall have been filed with and approved by the City Manager nor until a map showing the precise location of the benches to be installed shall be filed with the City Manager.
(2) Benches shall be constructed of materials sufficiently durable to withstand normal wear and weather conditions, to prevent unauthorized removal from their sites, and to minimize other vandalism. Bench construction shall include substantial seats and backs, securely affixed to the bench base. An example of suitable construction would be wood back and seat bolted to a concrete base. The City reserves the right to determine suitability of construction. Benches shall be 42 inches or less in overall height, 30 inches or less in overall width and not less than 6 feet nor more than 8 feet in overall length.
(Added by Ordinance 019-97C.S. — Effective August 28, 1997)
SEC. 12-043.5. ADVERTISING:
The space used by advertising thereon shall not exceed two-thirds (2/3) the size of the bench and shall not extend beyond the bench in any direction. No advertising matter or sign whatever shall be displayed upon any bench, except upon the front and rear sides of the back rest. No pictures or representations in irregular contours shall appear on any such bench or display the words "STOP," "LOOK," "DRIVE-IN," "DANGER," or any other word, phrase, symbol or character that might interfere with, mislead or direct traffic.
(Added by Ordinance 019-97C.S. — Effective August 28, 1997)
SEC. 12-043.6. LOCATION AND PLACEMENT:
(1) The front of all benches shall be placed not less than twenty-four (24) inches from the curb line and parallel thereto. No bench shall be placed or located so as to be an obstruction to pedestrian travel or in any manner create a hazard to life, limb or property. No bench shall be placed within fifteen (15) feet of any fire hydrant.
(2) No bench after being installed on the streets or sidewalks of the City of Stockton shall be removed from said street or other place by Franchisee during the period of this franchise except with the consent of the City Manager or its designee.
(3) These benches shall be placed only in locations approved by the City Manager or its designee.
(4) These benches are designed for the convenience of those using the buses in the City of Stockton and shall be placed upon the streets traversed by routes of the Stockton Metropolitan Transit District in the City of Stockton. The benches may not be installed at any place except public carrier stops except with the express approval of the City.
(5) No bench will be placed against the desire of the owner or person in lawful possession or control of the property abutting upon the public street at the place where the bench is proposed to be located, or their representatives. Such persons can object to the placing of the bench by written request to the City Manager. If there is a change in the ownership of the property abutting the bench, the Franchisee cannot maintain the bench against the desire of the new owner or occupant.
(6) The City shall have the right to have Franchisee install a bench at any new and unoccupied public location on a bus route within the City limits. City will also have the right to have Franchisee move or relocate any bench. Said move or relocation shall be completed within five (5) days of written notice from the City.
(Added by Ordinance 019-97C.S. — Effective August 28, 1997)
SEC. 12-043.7. MAINTENANCE/EMERGENCY REPAIRS:
(1) Franchisee shall at its own cost and expense maintain all benches in good, sightly and safe condition. All benches shall be inspected at least once each month. They shall be cleaned, painted and/or repaired as needed immediately. In no event shall more than five (5) working days transpire before work/repairs are completed after Franchisee is aware said work/repairs are needed. In the event that graffiti is placed on the benches, they shall be cleaned immediately. In no event shall more than forty-eight (48) hours (two (2) working days) transpire before graffiti is removed after Franchisee is aware or notified.
(2) In the event of hazardous situations or situations deemed to cause imminent danger to the public, repairs shall be made within twenty-four (24) hours of being notified of said facts by the City.
(3) If the Franchisee fails to perform necessary maintenance as outlined in items (1) or (2) above, and City performs the necessary maintenance or removal, the Franchisee will be charged a penalty fee of $150.00 per occurrence payable to the City for its performance of said maintenance and removal.
In the event a hazardous situation is created that cannot be left uncorrected for twenty-four (24) hours, City shall effect repairs and bill Franchisee for time and materials only.
(Added by Ordinance 019-97C.S. — Effective August 28, 1997)
SEC. 12-043.8. PAYMENT:
(1) For the privilege herein granted, the Franchisee will pay to the City of Stockton TWO AND 10/100 DOLLARS ($2.10) per month per bench installed and in place. These payments will be in lieu of payment to the City of a percentage of gross receipts and said payment of a percentage of gross receipts is hereby waived.
(2) Franchisee shall pay the City of Stockton each year in advance the above specified fee for each bench in place within the City limits. The payment shall be due and payable to the City on or before the 31st day of December. Franchisee shall submit an annual report to the City Manager as to the number of benches on location and the number installed. The annual fee shall be paid according to the number of benches in place whether or not there is advertising thereon.
(3) Franchisee shall also submit with the annual report, a map showing the location of all benches and a complete listing of all benches citing both location of the benches and whether the bench has advertising or is blank.
(4) In the event Franchisee is delinquent in making any payment owed to the City, Franchisee shall pay an additional penalty in the amount of $1,000.00 if the delinquency period exceeds sixty (60) days.
(Added by Ordinance 019-97C.S. — Effective August 28, 1997)
SEC. 12-043.9. INDEMNIFICATION:
Franchisee shall hold the City harmless from all or any claims or damage to any person or property arising from the installation, maintenance or existence of the benches. The Franchisee shall carry public liability insurance, said insurance policy shall be endorsed to include the liability assumed by this franchise. A certificate evidencing this policy shall be filed with the City Attorney of the City of Stockton, and shall be maintained throughout the existence of this franchise. The insurance policy shall insure the Franchisee against loss or liability for injury to, or death of, any person, or damage to property growing out of the installation, maintenance, or existence of any sidewalk bench, to the amount or limit of $1,000,000.00 on account of injury to or death of any one person, and, subject to the same limit as respects injury to or death of any one person, and, subject to the same limit as respects injury to or death of one person, or $1,000,000.00 on account of injury to or death of more than one person, and of $1,000,000.00 for damage to property of others, resulting from any one accident or occurrence.
(Added by Ordinance 019-97C.S. — Effective August 28, 1997)
SEC. 12-043.10. TERMINATION:
(1) In the event that either party shall fail or neglect to perform each and all the terms and conditions of this franchise on their part, the aggrieved party may give the party in default ten (10) working days written notice to correct conditions in default, and if party in default refuses or neglects to make such corrections within the ten (10) working day period, the aggrieved party may terminate this franchise. Should Franchisee default, Franchisee shall remove all benches within thirty (30) days of termination of this franchise if requested to do so by the City and shall leave the site conditions in the same or better condition than before the installation. Failure to submit a written notice of default does not constitute acceptance or waiver by the aggrieved party.
(2) The granting of this franchise shall not in any way or to any extent, impair or affect the right of the City now or hereafter conferred upon it by law to acquire the property of the Franchisee hereof either by purchase or through exercise of the right of eminent domain. Upon any such acquisition by the City, the compensation or price shall not include the value of the franchise. Nothing herein contained shall be construed to contract away or modify or to abridge either for a term or in perpetuity, the right of eminent domain with respect to this franchise.
(Added by Ordinance 019-97C.S. — Effective August 28, 1997)
SEC. 12-043.11. CITY'S AUTHORITY TO GRANT FRANCHISE:
This franchise is granted pursuant to the authority provided under Article XXI of the Charter of the City of Stockton.
(Added by Ordinance 019-97C.S. — Effective August 28, 1997)
SEC. 12-043.12. ACCEPTANCE OF FRANCHISE BY FRANCHISEE:
Within ten (10) days after the passage of the ordinance granting the franchise, or any extension thereof granted by the City Council, Franchisee shall file a written acceptance of the terms of the franchise with the City Clerk. Failure to do so shall render the franchise null and void.
(Added by Ordinance 019-97C.S. — Effective August 28, 1997)
Stockton, CA 
