85-554 WHITE -�CITV CLERK
PINK -. - FINANCE COUIICll
CANAIiV-OEPARTMENT G TY OF SA I NT PALTL � �j�
BIUE� -MAYaR File �0. � v�
r •
` 0� indnce Ordinance N�. ��3 7
Presented By �+---
Referred To Committee: Date
Out of Committee By Date
An rdina ce granting a nonexclusive
fra chise to Ad Shelters, Inc. to own,
ape ate a d maintain shelters for tran-
si passe gers in the City of Saint Paul,
se ing rth conditions accompanying the
gr t of franchise and providing for the
re lati and use of said shelters and
th adve tising placed on the shelter.
THE COUNCIL OF E CI OF SAINT PAUL DOES ORDAIN:
Section 1.
Grant.
Acting pur uant o the� authority granted to the City of aint
Paul by the Min esota State Legislature pursuant to Minn. Sta .
§ 1.60.27 , subd. 2, th Council of the City of Saint Paul does hereby
grant to Ad She ters, Inc. (hereinafter referred to as "compa y") a
nonexclusive bu stop shelter franchise subject to all the te ms and
conditions set orth 'n this franchise ordinance.
Section 2.
Rights and Privi eges of Company.
The franch se gr nted by the City shall grant to the com any
the right to pl ce an maintain within the li�nits of any stre ts
COUNCILMEN Requested by Department of:
Yeas Nays
Fletcher �'llb�.l C O k S
��eW In Favor ` �
Masanz �
Nicosia B
Scheibel A gai ns t Y
Tedesco
Wilson
Form Approve y City Attor
Adopted by Council: Date
Certified Passed by Council Secret ry BY
By
Approved by Mayor: Date Appr Mayor for Submi io tocCou cil
BY BY
� . - . - . �ss��
/1a37
within the City f Sai t Paul, for the convenience and comfort of
persons waiting or bu es at such locations as may be designa ed
by the City in t e man er provided herein, bus shelters with
advertising disp ayed hereon subject to the limits and condi ions
set forth in thi fran hise ordinance.
Section 3.
Agreement.
Upon adopti n of his franchise ordinance and execution f
the acceptance t ereof by the co�npany, the company agrees to e
bound by all the terms and conditions contained herein. The
company also agr es to provide all services set forth in its
application and y its acceptance of the franchise, company
specifically agr es th t the invitation for applications and he
company' s applic tion re thereby incorporated by reference a d
made a part of t is fr nchise ordinance. In the event of a
conflict between the a plication made by the company and the
provisions of t is ord'nance, that provision which provides t e
greatest benefi to t City in the opinion of the City Counc 1
shall prevail.
Section 4.
Term-Renew 1.
The term o this franchise granted by the City shall be or
a term of 10 ye rs fr m and after the effective date hereof.
Thereafter the ranch' se may be renewed for an additional 10 ear
2.
- � - � - - � �-�.s-:s.��%
� r�.� �
�term on such ter s and conditions as may be mutually acceptabl to
the City Council and C mpany.
Section 5.
Commencemen of T rm.
The franchi e te shall commence with the effective date of
this ordinance p ovide that the Company has filed within 30 d ys
after publicatio of t is ordinance a written acceptance hereof
with the City C1 rk in such form as the City Attorney may appr ve,
and provided tha the ond and the evidence of comprehensive liability
insurance, which are r quired by this ordinance, shall have b en
approved and hav been filed with the City Clerk within 90 da s
after the public tion f this ordinance.
Section 6.
Area.
This franch ' se is granted for the entire area of the Cit of
Saint Paul as it exist and as its borders may from time to t 'me
be chunged.
Section 7 .
Police Pawe s.
In accepti this franchise the Company acknowledges tha its
rights hereunde are subject to the police power of the City o
adopt and enfor gen ral ordinances necessary to the safety nd
welfare of the ublic; and it agrees to comply with all appli able
general laws an ordi ances enacted by the City pursuant to s ch
3 .
� . � - . _ �� .�--��sy
/7:�3 '1
power.
Section 8.
Other Franchis s.
No bus stop sh lters with advertising displayed thereon sha 1
be allowed to occu y or se a right�of-way of any street or hig way
within the City of Sai,nt Paul without a franchise. This shall ot,
however, include s elte s constructed by the Metropolitan Trans t
Commission. The righ�ts ereby granted are not exclusive and th
City may grant 1i rig ts to othe r pe rsons during the te rm of
this franchise.
Section 9.
Notices.
A11 no�kices � om Co pany to the City pursuant to this franc ise
sha11 be to the D'recto of the Department of Public Works unle s
otherwise stated erein or to any other officer designated by he
Director of the D partm nt of Public Works. Comp any shall main ain
thro�.ghout the te Qf his franchise a local o�fice and addres
for service of na ices y mail. Comp any shall also maintain wi h the
City a local offi e and telephone numbe r �or the conduct of mat ers
related to this f an�hi e open during normal business hours.
Section 10.
Fee for Franc ise-M ni.muxn Fee.,
Zn considerat on o� the rights granted the Company by this
franchise , the Co pany grees to pay the City a fee equal to 12 0
4.
� - � � - � ���--ssy
7�3 7
of the gross reven e col ected that the Company derives from adv rtis-
ing on shelters lo ated ithin the City once 100 shelters have een
constructed.
Because of the initi 1 investment in operating costs during the
construction phase , the ompany agrees to pay a graduated perce tage
during the constru tion hases as follows :
5% when t e first phase of 40 is completed
7 o when 60 are completed
90 when 80 are completed
12o when 00 or ore are completed
The fee shall e pa'd to the City quarterly within 30 days fter
the expiration o� each alendar quarter. Each payment shall be based
upon the gross ad ertis'ng revenues received in the preceding c lendar
quarter.
The gxoss rev� nue a defined shall me an all advertising xev nue
derived directly r ind' rectly by the Comp any, its affiliates, ubsidi-
aries, app arent o any erson in which the Company has a financ' al
interest, �ram or in co nection wi�th the operation of the franc ise
prior to any dedu tion , provided , however, that this shall not include
any taxes on servi ces f rnished by the Comp any herein imposed irectly
upon any advertis r by he City, State or other governmental u it and
co�.lected by the omp an on behalf of said governmental unit.
Section ll.
Accounts and ecord ..
The C�mpany s a11 k ep books o� account and records of a11
business tra,nsact d and cQSts a.ncurred a.n connection with the
purchase , manu�a uxe d instal7,ati.on of the she lters and ave -
tising on sh.el.te s, sh ing all financial transactions includi g
receipts and dis ursem nts and the pax�ticulars thex'eof i.n a �o m
5.
_ . . - C� �-s��
� /��13'1
satisfactory to he Di ector of the Department of Finance and
Management Servi es. ompany shall make such books of accoun and
records availabl at a 1 reasonable times for inspection, exa i-
nation or audit y Cit officers, e�nployees or agents. Compa y
shall submit suc stat ments in regard to revenue as the City s
Director of the epar ent of Finance and Management Services may
reasonably requi e.
The Company shall file annually with the City no later t an
120 days after t e end of the Company's fiscal year, a copy o a
financial report appli able to the Saint Paul bus shelter sys em,
including an inc me st tement relating to its operations duri g
the fiscal year nd a alance sheet, both of which shall be c rti-
fied as correct y an independent certified public accountant and
a statement of i s pro erties, equipment and facilities which are
located upon the streets, highways and public places within t e
City giving its inves ent in such facilities on the basis of
original cost, ss a licable depreciation. These reports s all
be certified as orre t by an authorized officer of the Compa y
and shall be su itte along with such other reasonable info ation
as the City sha 1 req est with respect to the Company's facil ties
and expenses re ated o its bus stop shelter system operation
within the City.
The Compan shal also file with the City Clerk copies o
its Articles of Incor oration, bylaws, agreements with any ot er
person relating to th ownership of the bus stop shelter syst m,
6 .
_ . = . - _ - C�� � --��
, a� �
an amendments of such ocuments as they become effective.
Section 12.
Insurance.
The Company shall during the entire term of this franch' se
and extensions t ereof znaintain in force, at its own expense,
a policy of comp ehens 've liability insurance to be filed and
maintained with he De artment of Finance & Management Servic s,
The insurance po icy s all insure the City, members of its Bo rd
and Commissions nd it officers, employees and agents, and t e
Company from all liabi ity on account of injuries, death or d mage
to any person or perso s and damage to property arising out o
or resulting fro or i connection with the construction, ope ation,
maintenance, loc tion, placement or removal of any shelter or
other facility o the ompany, or occasioned by any of the
activities of t Com any, its officers, agents or employees nder
this franchise. Mini liability limits under the policy ar to
be $300, 000 for odil injury or death of any one person, $60 , 000
for bodily inju or eath of more than one person in a singl
occurrence; and $3.00, 00 for property damage to one claimant nd
$600, 000 for mo e tha one claimant in a single occurrence.
The policy shall be of type in which coverage is restore
immediately aft r the occurrence of any loss or accident from which
liability �nay t ereaf er accrue. The policy shall contain an endorse-
ment which shal prov'de that no cancellation shall become ef ective
without 30 days prior written notice to the City of intent to cancel
or not to renew In he event such insurance is cancelled an the
7 .
_ . - . - - - �'�,.s"�y
/T�3 �
Coznpany shall fa 1 to mmediately replace it with another equ' alent
policy, the City may t rminate their franchise and declare it to be
forfeited.
Section l3.
Indemnifica ion.
A. The Com any s all fully inde�nnify, defend and save h r�n-
less the City, i s off' cers, board, commissions, employees an
agents from any nd al claims, suits, actions, liability and
judgments for d ages (including but not limited to expenses or
reasonable legal fees nd disbursements assumed by the City i
connection there ith) ;
(1} For inj ry or death to any person or persons or dama e
to property aris 'ng fr m or in connection with the acts of th
Company, its off'cers, agents or employees in the constructio ,
operation, maint nance, location, placement or removal of any
bus stop shelter or ot er facility of the Eompany;
(2) Arising out f replacement or display of any adverti e-
ments, notices, igns r posters on any shelters; or
(3) Arisin out f the exercise of any other right or pr vi-
lege under the ranch' se.
B. In the event that suit is brought or that damages or other
recourse shall e sou ht against the City, either independent y or
jointly with th Comp ny on account of or arising out of any njury,
death, property daznag or activity of the Company referred to in
subparagraph A f thi section, the Company, upon notice by t e
City, shall def nd th City in such suit or action at the cos of
the Company, an in t e event of final judgment being obtaine
8 .
,- . - . - _ - � �=�-sy
/��3 7
against the City eith r independently or jointly with the Co pany,
the Company shal ind nify the City and pay such judgment wi h all
costs and hold t e Cit harmless therefrom. The Company shal pay
all expenses inc rred y the City in defending itself with re ard
to all damages a d lia ility referred to in this section. No hing
herein shall be eemed to prevent the City from participating in
the defense of a y lit'gation by its own counsel at its own s le
cost and expense
Section 14 .
Assignment r Tra sfer.
A. The fra chise shall not be sold, assigned or transfe red,
either in whole r in art, or leased, sublet or mortgaged in any
manner, nor shal titl thereto, either legal or equitable or any
right, interest r pro erty therein, pass to or vest in any p rson
without the prio cons nt of the Saint Paul City Council. An
assignee, lessee, mort agee and any person or entity having o
acquiring any in eres , right or title in or to the facilitie
that are instal d or operated hereunder must show financial
responsibility s det rmined by the City and agree to comply ith
all provisons o the ranchise. Any document by which any in erest,
right or title o the franchise or the facilities that are in talled
or operated her nder are transferred to or vested in any per on
shall, by its t rms, e expressly subordinate to the terms an
conditions of t e fra chise.
B. The Co pany hall notify the City by certified mail,
9 .
� - � � � - - �� -�-.�-�
i����
B. The Comp ny sh 11 print in a newspaper of general cir ulation
. �� s���
/�.�.�-�
return receipt re ueste , of any actual or proposed change in, or
transfer of, or a quisi ion by any other party of, control of e
Coznpany or the fa iliti s installed hereunder. The word "cont ol" as
used herein is no limi ed to major stockhalders but includes ctual
working control i what ver manner exercised. Any transfer, s le or
assignment of the franc ise, or control of the Company, or fac ' lities
that are installe or o erated hereunder, shall be cause for f rfei-
ture of the franc ise u less and until the City shall have con ented
thereto, which co sent hall not be unreasonably withheld. Th City
shall be deemed t have consented to a transfer or acquisition of
stock in the Comp ny un ess the City disapproves the same with 'n 30
days after receip of n tice of any proposed or actual transfe of
stock or notifies the C mpany witha.n 30 days that additional t '�ne is
necessary to cons der t e matter. The Company shall, when it iles its
acceptance of thi fran hise, also file a list of its stockhol ers ,
all agents or nom nees f the Company and all persons having a bene-
ficial interest t erein stating the nature of such interest.
Section 15.
Locations.
No shelter s all b placed upon the public street or high ay right-
of-way until the ollow'ng procedure has been accomplished and the
location has been appro ed by the Council;
A. The Comp ny sh 11 give written notice to abutting pro erty
owners at least t n day prior to the date set for a public he ring
and furnish them ith a site plan upon their request.
10.
, . . - _ �� �-�sy
���-�
maintained throug out t e term of the franchise and until the ompany
shall have liquid ted a 1 of its obligations with the City. I the
event the Company fails to comply with any law, ordinance or r gu-
lation governing he fr nchise or fails to well and truly obse ve,
fulfill and perfo m eac term and condition of the franchise, 'n-
cluding the Compa y' s a plication which is incorporated as tho gh
fully set out her in, t ere shall be recoverable, jointly and
severally, from t e pri cipal and surety of the bond, any dama es
or loss suffered y the City as a result, including the full ount
of any compensati n due the City, indemnification for the cost of
removal and stora e of ny shelter, plus a reasonable allowanc far
attorney' s fees, 'nclud'ng the City' s legal staff, and costs u to
the full amount o the ond.
The bond sha 1 als be conditioned upon the removal at th
expiration or ter inati n of the franchise of the Company's sh lters
and the restorati n of he streets and public places of the Ci y to
their former cond tion. The bond shall contain an endorsement that
no cancellati.on s all b effective until ninety (9p) days afte
receipt by the Ci y Cle k of a written notice of intent to can el
or not to renew s nt by certified mail, return receipt request .
No cancellation s all b effective .if the surety has received otice
by the City of th Comp ny' s default. The bond may n,ot be can elled
and shall remain n eff ct in the period commencing at the expiration
or termination of the f anchise and for 365 days thereafter.
12 .
� ��--s��
,�%'�'�
Section 17.
Removal of S elter.
A. The Coun il ma order Company to reanove any shelter w en
it reasonably det rmine that it is no longer of any benefit t the
public, when ther is n longer a bus stop at the location or hen
it finds that mai tenan e is inadequate under Section 20 herei . If
the City requires remov 1 of a bus shelter because of relocati n of
all or part of a us ro te, the City shall give the Company a eason-
able period of ti e to emove the shelters thereon. If the Ci y re-
quires the remova of m re than five (5) bus shelters because f the
relocation of a b s rou e, the reasonabie costs of removing th
shelters may be s t off against the franchise fee due the City. If
a shelter must be remov d within the first five (5) years of t e
franchise term be ause he Council has determined that it is n
longer of a benef ' t to he public, the cost of removal may be et
off against the f anchi e fee due the City.
B. If a she ter m st be temporarily removed for construc ion
done by any gover menta unit or its contractor, Company sha11 at
its own cost remo e the shelter promptly when requested to do o by
the Director of P blic orks. The City may also order the Com any
to temporarily re ove a shelter for an abutting owner' s constr ction
at such owner' s e pense.
C. If the C mpany fails promptly to remove a shelter whe
ordered to do so y the Director of Public Works or Council, t e
City may have the shelt r removed within ten (10) days after
written notice to the C mpany, and the Company shall pay the c st
of removal or sto age t ereof.
13.
. . . � �.��'��..s:�y
,���.3 7
December, January Febr ary and March shall not be included in
detennining eithe thre -month period.
2f the Canpan esta lishes that the cost of maintaining a
shelter exceeds t e act al costs of installing the shelter, the
Campany sha11 not be re uired to keep ar�d maintain a shelter at such
location; otherw' se no shelter may be removed from an approved lo-
cation without th cons nt of the Council. The City shall not ermit
any other bus sto shel er franchisee to install or retrofit a helter
within one block f a s elter installed and maintained by the C mpany
in the central bu iness district or t`ao blocks in the remainder of the
City.
Company sha11 insta 1 a miniTnum o� 40 she lters by January 1 , 19 86 ,
and a minimu�t o� n add tional 6 0 she 1te rs by January 1 , 19 87 .
Section 20.
Mai.ntenance
The Company w 11 ma ntain a17. shelters to the reasonable sa is-
faction of the Di ectoar of Public Works as set out belo`a. Main enance
includes cleaning and w shing the entire shelter inside and out , re-
znoval of gxa�,fiti stic ers, posters , notices , and the like , re oval
of litter, weeds d gr sses inside and adjacent t�o. the sheltex, re-
pair and xeplacem nt of damaged or baroken parts , the supply of eplace-
ment paxts , xepla ement pf burned-QUt lighting fixtures , the su ply
of elect�ri�a1 ene gy, a d clearing snow �rom inside the shelter, and
cleaning snowr di t and debris in the a�ea between the shelter and
the curb 1ine. T e Com any shall clean and wash and remove gr �iti ,
15.
_ _ _ ���.�--.�.��
/���I
sti ckers , posters , litt r and weeds at e ach she lter at le ast tw ce
eve ry month, or m re f re uent ly i f required , to keep e ach she lt r
free of any notic able ccumulation of dirt , dust , marks , stick rs ,
posters , litter o weed .
The Camp any s all i spe ct e ach she lte r at le ast once eve ry even
calendar days for any d aged or broken parts or burned-out lig ting
fixtures and the pan shall repair or replace damaged or bro en
parts and burned- ut li hting fixtures within 24 hours after th
Company becomes a are o the damage , breakage or burn-out.
Section 21.
Adve rti s i ng
The Comp�ny s a11 1'znit advertising to one-third of the are
of the ve rti ca1 s x�ace of the she 1te r. Al l adve rti sing p ane 1s
sha11 not be �arg x th �our (4) feet by six (6) feet in diznen ion.
The Company sha11 not p xmit obscene , imunoral or indecent adver ising
or po�itical. adve isin of any charactex, The Company shall n t a11ow
more than sixty ( 0) pe cent o� the Company' s cambined total ad ertising
space on a11 shel ers i t,he City to tobacco or alcoholic bever ge pro-
ducts at any time, The Company, in accepting this �ranchise , a rees
to remave any adv rt�,si g which the �ouncil determines to be in
appropriate to th part' cular location or surroundings r�f the s elter
or a.nappropriate s a u e of the pub�.ic street right�of�way� �' e
Campany sha11 pro ide e ual access to a11 advertisers at reason b1e
rates. The Camp y sha 1, upon notice , remove any ad�rertisemen of a
private company o a co excial product or serv�ice that has bee p].aced
or displayed on a shelt z on the same street and within one
16.
, - � - � � � .�-.�-�-�
��.23 �
(1) city block f any property owned or leased by a company w ich is
in competition ith, r which, as its principal and primary b siness,
markets a produ t or ervice which is in co�npetition with the company,
product or serv'ce wh'ch is advertised.
Advertisin may e placed on shelters only in accordance with
the Saint Paul oning Ordinances.
Section 22 .
Forfeiture.
A. The Ci y sha l, in addition, to any other rights it m y
have, have the ight o declare that the Company has forfeite the
franchise in th even of a substantial breach of its terms a d
conditions incl ding, but not limited to the following circum tances:
(1) If t e Com any becomes insolvent or is declared
bankrupt or ma es any assignment for the benefit of
its cred 'tors, or
(2) If t e Com any assigns or transfers or attempts
to assig or t ansfer the franchise, or sells or lease
or attem ts to sell or lease any of its shelters witho t
the Coun il 's ermission, or
(3) If t e Com any fails to install shelters on schedu e
as requi ed in Section 19 of this Ordinance, or fail
to confo to he specifications contained in its appl -
cation o the nvitation for Applications, or fails to
construc the helters in a workmanlike manner to the
satisfac ion o the Director of Public Works and in
conformi y wit this Ordinance, or if the Company
refuses r neg ects when so ordered to take down,
rebuilt r rep ir any defective or unsatisfactory work
or to ma 'ntain the shelter as required under Section 2
herein, r
(4) If t e Cozn any fails to re�nove any shelter when
ordered o do o in accordance with this Ordinance, or
l� .
- � - • � g�'-�.5�
/7-?3�
(5) If th Comp ny refuses or neglects to comply with
any reaso able rder of the Director of Public Works, r
(6) If th Comp ny persists in any course of conduct i
violation of an of the provisions of this Ordinance, r
(7) If th City receives notice of intention not to
renew or he co pany fails to keep in force its insura ce,
bond and etter of credit required herein.
The foregoi g sha 1 not constitute a substantial breach f the
breach occurs as a res lt of circumstances over which the Com any
has no control. The C mpany shall not be excused by mere eco omic
hardship nor by he ne lect of its officers, agents, or emplo ees.
B. The Dir ctor f Public Works may make a written dema d by
certified mail, hat t e Company comply with any such provisi n� rule,
order or determi ation under or pursuant to this franchise. uch
notice shall be ntitl d "Forfeiture and Termination Notice". If
the violation by the C mpany continues for a period of thirty (30)
days or more fol owing such written demand, without having be n
corrected or re died, the matter of forfeiture and terminati n of
the franchise sh 11 th n be taken before the City Council. T e City
shall cause to ser d upon the Company at least twenty (20 days
prior to the dat of s ch council meeting a written notice of intent
to terminate the franc ise, including the time and place of t e
meeting. Public notic shall be given of the meeting and iss e
which the Council is to consider. The City Council, or a co ittee
thereof, shall ar a consider the issue and the Council sh 11,
in its discreti , de ermine whether there has been a substan ial
breach If the � uncil determines that there has been a aubsta tialbreach,
18.
� ��=�sy
i�-�37
the Campany shall have uch period of time as the Council m.ay s t ,
but not less than thirt (30) days in which to cure the breach ,
provided that no pport nity for cure need be given for fraud o
misrepresentation. At he expir�tion of the period of time set
for compliance , t e Cou cil may terminate the franchise forthwi h
upon finding that the C pany has failed to cure the breach. I
the Company fails to cu e , the City or any stockholder of the C mpany
may cure and the �ens incurred shall be a. debt of the Compan to
the stockholder o the ity , as the case may be.
C. There is o int ntion that the shel.ters shall be forfei ed in
the event of a fo feitu e of the f ranchise , except as follows : In
the event o� forf iture the Company shall forfeit to the City 11
equipznent and �ac litie that may be located along , over or und r any
street or highway withi the City , unless su:eh property is remo ed by
the Company withi nine y (90) days from the date of forfeiture. The
performance bond osted in accordance with Section 16 shall remain
posted to insure hat t e streets , highways and public places f om
which such equipm nt is removed shall be placed in good conditi n.
Section 23.
pisposition o Shel ezs on Expiration of Franchise.
�,. In the ev nttha the franchise expires and is not rene d ,
the C,ity may pur� ase t e shelters and �acilities then in place upon
such terms and �o such consideration as may be agreed to by t City
and the Company p ior t the expiration of the franchise. If prior
to the expixation of th franchise or within ninety (90) days o110��-
ing such e�pirati n thie City elects to award a franchise to an_ other
19•
_ ^ • _ . � �j�=,���
/��3 7
person or compa y, an the City elects to have the new franc isee
operate and mai tain he shelters which have been installed ursuant
to this franchi e, th n the new franchisee shall purchase su h
shelters on suc term and for such consideration as may be greed
to by the new f anchi ee and the Campany.
B. Notwit stand ng the provisions of Paragraph A of this
section, in the event that the term of this Franchise expires and the
City and Compan have not renewed the Franchise for an additi nal
term, the Compa y sha 1 at its own expense remove all of the helters
and facilities hich 't has installed or caused to be install d upon
or below the pu lic s reets and highways or public places of he
City and shall estor the streets and highways of the City t their
former conditio in a anner satisfactory in the judgment of he
Director of Publ 'c Wor s. If the Company fails to remove all such
shelters and fac ' litie within ninety (90) days after the exp ration
of the Franchise the ity may have the shelters and faciliti s
removed and requ're th Company to pay the cost of such remov l.
In the event tha the helters and facilities have not been s ld
pursuant to Para raph of this section or removed by the Co�n any,
all right and ti le to the shelters shall be deemed to have passed
to and vested in the C ty. The Company agrees that in such ci cum-
stances it will xecut such documents as the City Attorney ma
require to trans er th title to such shelters and facilities.
Section 24 .
Right of Ab tting Property Owner to Construct Shelter.
Abutting pr erty owners shall have the first right and p ivi-
lege to construc , operate and maintain shelters upon the publ c
right of way of s reets and highways of the city, at location on
20.
- � � , . - � ��.s..s-�
jJ�23�
or adjacent to t e pro erty of the owner. The abutting proper y
owner shall give writt n notice to the Council and the Company of
its election to onstr ct a shelter at a given location no lat r
than the date of the p blic hearing for the location of any s lter.
If the abutting roper y owner so elects, the Company may not con-
struct a shelter at th t location unless the abutting propert
awner consents i writ ng of fails to take affirmative measur s to
construct the sh lter ithin ninety (90) days of its election.
By electing to ex rcise its aforementioned first right a d
privilege, the a uttin owner agrees to:
(A) Permit o adv rtising on the shelter.
(B) At all imes aintain insurance pursuant to the term
of Section 2 of his Ordinance.
(C) Acknowl dge t at its rights are subject to the polic
power of th City pursuant to Section 7 of this Ordinanc .
(D) Defend, inde ify and hold harmless the City, its
officers an empl yees according to the terms and condit'ons
of Section 3 of he Ordinance.
(E) Submit 11 pl ns, specifications and drawings ta the
Director of Publi Works for approval prior to commence-
ment of con truct' on of the shelter. The Director of
Public Work shal regulate the installation of the
shelters pu suant to Section 18 . If the structural
design of t e she ter is similar. to the structural desig
of the Comp ny' s helter, the Director of Public Works
shall requi e for his approval that the design, plans an
engineering speci ications be at least substantially
equivalent 'n qua ity to those of the Company's shelters
(F) Maintai its helter pursuant to Section 20 of this
Ordinance.
21.
_ . . � �i �s=ss�
. i,�.�3 v�
In the even the butting owner fails to comply with any f
the terms and co ditio s hereof, the City may require the owne
to remove the sh lter t its own expense.
Section 25.
Civil Right .
The Company shall at all times comply with the provisions of
Chapter 183 of t e Sai t Paul Legisl,ative Code and applicable tate
and federal law egard 'ng nondiscrimination and civil rights.
Section 26.
Severabilit .
If any sect ' on, s bsection, sentence, clause, phrase, or
portion of this rdina ce is for any reason held invalid or un
constitutional b any ourt af competent jurisdiction, such po tion
shall be deemed sepa ate, distinct, and independent provisio and
such holding sha 1 not affect the validity of the remaining
portions thereof.
Section 27.
This ordina ce sh 11 be deemed a part of the Saint Paul L gis-
lative Code and s all e incorporated therein and given an app opri-
ate chapter and/ section number at the time of the compilati n of
the said Legis]:a ive Co e.
.22
WHITE �- CITY CLERK 1
PINK - FINANCE T COUIICII r
CAN�AFY - DEPARTMENT C i Y OF SAINT �AiTL File NO. � ✓�
BLUE " - MAV�R
•
O r in�nce Ordinance N�. 7
Presented By
Referred To Committee: Date
Out of Committee By Date
Section 28.
This ordinan e sha 1 take effect and be in force thirty ( 0)
days from and aft r its passage, approval and publication.
23 .
COUNCILMEN Requested by Department of: �� �T7\
Yeas �����Nays
-f+e�r+sr PubJ.ic WozkS
pfeW In Favor
Masanz �
scnet��i A gai ns t BY
7edesco
Wilson
Adopted by Council: Date M Y 9 1985 Form Approved City Attorney
,
Certified P s Counci r BY
�Y ;
Approve by Mayor: Date Y � � ��,� Approved ayor for Submission to Cou cil
gy By
PU ��S�iE� iv?�Y i o 19 5
Pub].ic Works "~ � DEPARTMENT ��✓`� p
' �ames` w. stahnke �:: N. 1706
CONTACT
292-6292 PHONE
-.-April 12 , 1985 DATE 1 Qj�� �r
ASSIGN NUMBER FOR ROUTING 0 DER C i All Locations for Si nature) :
� Director of Management Mayor
Finance and Management ervice Director � City Clerk
Budget Director
2 City Attorney
WHAT WILL BE ACHIEVED BY TA ING AC ION ON THE ATTACHED MATERIALS? (Purpose/
The attached Ordinanc will grant a non-exclusive Rationale) :
franchise to Ad Shelt rs, I c. , to own, operate and maintain
shelters on the publi righ -of-way for transit passengers in the
C'ity of St. Paul.
CO$T/BENEFIT, BUDGETARY AND PERSON EL IMPACTS ANTICIPATED:
The vendor will be al owed o place advertising panels on the shelt rs
to offset the cost of the p ogram. As well as the use of the shelt rs,
the City of St. Paul ill r ceive 12� of the gross revenue collecte
f rom advertising.
FINANCING SOURCE AND BUDGET ACTIVI Y NUMBER CHARGED OR CREDITED: (Mayor's signa-
ture not re-
Total Amount of Transact'on: quired if under
$10,00Q)
Funding Source:
N/A
, Activity Number:
AT�'ACHMENTS List and Numbe All A tachments :
ardinance
DEPARTMENT REVIEW CITY ATTORNEY REVIEW
Yes �No Council Resol tion R quired? Resolution Required? Yes No
Yes X No Insurance Re ired? Insurance Sufficient? Yes No
Yes No Insurance At ched:
, ( E REVE SE SIDE FOR INSTRUCTIONS)
Retirised 12/84 �
' HOW TO USE THE 3REEN SHEET � "
. �
The GREEN SHEET has several PURPOSES:
1, to assist in routing documents and in securing required signatures .,
2. to brief the reviewers of documents on the impacts of approval ��..-
3. to help ensure that necessary supporting materials are prepared, and, if
required, attached.
Providing complete information under the listed headings enables reviewers to make
decisions on the documents and eliminates follow-up contacts that may delay execution.
The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides space•to explain
the cost/benefit aspects of the decision. Costs and benefits related both to City
budget (General Fund and/or Special Funds) and to broader financial impacts (cost
to users, homeowners or other groups affected by the action) . The personnel impact
is a description of change or shift of Full-Time Equivalent (FTE) positions.
If a CONTRACT amount is less than $10,000, the Mayor's signature is not required,
if the department director signs. A contract must always be first signed by the
outside agency before routing through City offices.
Below is the preferred ROUTING for the five most frequent types of documents:
CONTRACTS (assumes authorized budget exists)
1. Outside Agency 4. Mayor
2. Initiat�ng Department 5. Finance Director '
3. City Attorney 6. Finance Accounting
ADMINISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others)
1. Activity Manager 1. Initiating Department
2. Department Accountant 2. City Attorney
3. Department Director 3. Director of Management/Mayor
4. Budget Directo� 4. City Clerk
5. City Clerk
6. Chief Accountant, F&MS
COUNCIL RESOLUTION (Amend. Bdgts./Accept. Grants) CO[INCIL RESOLUTION (all others)
1. Department Director 1. Initiating Department
2. Budget Director 2. City Attorney
3. City Attorney 3. Director of Management/Mayor
4. Director of Management/Mayor 4. City Clerk
5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council
6. City Clerk
7. City Council
8. Chief Accountant, F&MS
SUPPORTING MATERIALS. In the ATTACHMENTS section, identify all attachments. If the
Green Sheet is well done, no letter of transmittal need be included (unless signing
such a letter is one of the requested actions) .
Note: If an agreement requires evidence of insurance/co-insurance, a Certificate of
Insurance should be one of the attachments at time of routing.
Note: Actions which require City Council Resolutions include:
1. Contractual relationship with another governmental unit.
2. Collective bargaining contracts.
3. Purchase, sale or lease of land.
4. Issuance of bonds by City.
5. Eminent domain.
6. Assumption of liability by City, or granting by City of indemnification.
7. Agreements with State or Federal Government under which they are providing �
funding.
8. Budget amendments.
. . (��� �
a �
ADs1ie�'��►'S - - -- _
F�lr�
OCT � ��
CITY C!_";'
5 T ,'`.'.;;.
Septembe 30, 985
Janet Gi liani
City of t. Pa 1
Purchasi g Div' sion
233 City Hall
St. Pau? , MP; 5�02
Dear Jan t:
Enclosed is ou Performance Bond as required by the
City of t. Pa 1 for our bus shelters with advertising
franchis
Thank yo for our help.
Sincerel ,
��
Kay Bertzyk
Office bI nager
Enclosure
cc: Jerry Seg 1
Alb t O1 on
Jim Stahn e
Jim ' Brien
Rick Lingen
Connie Barry
KB/ea
AD Shelters, Inc. • One A letree uare • Suite 1026 • Minneapolis, Minnesota 55420 • (61 ) 854 1�XX)
. . �'�:s.s�
�FP .No. A5335-J = Bond o. 0006057
. '�Knaw .�Il �en u the e �dres�nts, That ,�e,
AD SH LTERS INCORPORATED
of the City of St. Paul, i the Co nty of ftamsey and State of Minnesota, as principal, and
A lied idelity Insurance Company
as surety, are held and rmly nd, jointly and severally, unto the City of St. Paul, in he sum of
ONE HUNDRED THOUS ND AN NO 100 ($100 000 .00 ------------------ OLLARS,
to be paid to said city or its u e and also for the use of all persons doing work or furnishing
skill, tools, machinery, aterials, or insurance premiums, or equipment or supplies for any axnp main-
tained for the feeding keepin of inen and animals engaged under or for the purpose f the con-
tract hereinafter mentio ed, for hich payment in full, well and truly to be made, we bin ourselves,
our heirs, executors and adminis rators, successors and assigns, jointly and severally, firm y by these
presents.
Sealed with our seal , and da ed this 2�tr` day of September � A IIr. 19 85.
WHER,EAS, The abo e bound n AD SHELTERS, INCORPORATED
�as entered into a cQntra t with t e City of St. Paul to Provide enclosed bus s elters
or mass transit trons at no cost to the City for the Departm nt of
,�'�#����Ct��x�tx�u4��A�mA X&�x ��tm�xK, in accordance with the sPecifi ations
�and our RFP Number A5335-J
Public Works� �
according to plana and spe ifications thereto annexed for the consideration recited therein, which ntract has
been duly ezecuted by eac of the ontracting parties and bears date the 18 th day
af Se tember , 19 85 , and is made a part hereof.
NOW, THEREFORE The c dition of the above obligation is such that if the abo e bounden
A SHELTER INC
shall fully and faithfully per orm the sid contract within the time and according to the terms therein prescribed,
and shall comply with the aws app rtaining thereto, and shall pay as they become due, all jus claims for
work, tools, machinery, ski 1, materi ls, insurance premiums, equipment and supplies furnished, endered or
performed in the execution of said c ntract, and shall save harmless and defend the said city fro all suita,
judgments, damages, costs, harges a d expenses that may accrue on account of the doing of the w k specified
in said contract, then the a ove obli ation shall be void; otherwise to remain in full force and effe t.
Ezecuted in Presen of
' A HELTERS INCORP T (Seal)
G
�f% �l �� �/L " !�� (S�]�
to Principal.
� , ALLI D FIDELITY INS CE CO1�eA�TY
�a ai�
� , ,/f
.G2' �t- (Sesl)
As to Surety. Ronald L. Risdon, Attorn y�in-fact
"��'d Form No.5-31 8-74
. . � , �s--�.��
� STATE OF MINNESO A,
�sa.
Countp of Ramsey.
30t September
Un this. day of , A. D. 19 8 , came
before me personally. C o n i e L. B a r r y
to me well known to the sa e persons who executed the foregoing bond, and each verally
acknowledged the sam to be h s own free act and d d.
. . ,
otary Public, Ramsey County, Mii n.
����
My commission expires , OWELL
�l,� � NOTAR PUBLIC-MIINNESOTA
STATE OF MINNESO A, HEN EPIN COUNTY
�88.
� My Comml o�E�cpMM Nov.10,1900
County of Bamsey. )
On this. day of A. D., 9 .
before me appeared
to me personally known who, be ng duly aworn, did say that he is the
of the and that the ae affixed
to the foregoing instru ent is th corporate aeal of said Corporation, and that said instrum nt wae
signed and sealed in be alf of s id Corporation by authority of its Board of Directors, a d said
acknowledged said instrume t to be
the free act and deed o said Co poration.
Notary Public, Ramsey County, Mi n.
My commission expires
STATE �F MINNESOT
County of Ramsep.
��
severally, being duly aw n, each or hi:naelf says he is one of the �ureties to the above bo d, and
that he is a resident of t e State f Minnesota, and that he is seized in fee of real estate ituate
in said State and not ex mpt by law from sale on execution, of the value and worth, ov r and
above all incumbrances t ereon, t e sum specified in the foregoing bond.
Subscribed and sworn o befor me this
day of , A. D. 19
Notary Public, Ramsey County� inn.
My commission expirea
+ • .
.
Tti�.�'oregoing bond i hereby pproved as to form and execution, thia
�
� day of • 19
Asst.City Att rney
. • l�J��7 7
. . �
Allied� Fidelity
Insu�a�ce Co.
11555 North M ridian Street • Carmel, tndiana 46032 • 1 (800)428-5730
Mailing ddress: P.O. Box 7001, Indianapolis, Indiana 46207
��oo,000 OWER OF ATTORNEY sc N� 0 0 0 6 0 5 7
KNOW ALL MEN BY THESE RESENTS Thal this Power-of-Attorney is not valid unless attached to the twnd which it a thorizes executed. It
specifies the LIMIT OF THE AGEN 'S A[TTHO ITY AND THE LIABILITY OF THE COMPANY,HEREIN.
THE AUTHORITY OF THE ATTO NEY•IN-F CT and THE LIABILITY OF THE COMPANY
SHALL NOT EXCEED ""On Hundre Thousand and no/00 Dollars*•"
ALUED FIDELITY INSURANC�CO., In iana r or ion, hav' its rinci offic n the t of C rmel St of India , oes reb make,
constitute and appoint: tc n a f`� . ��s�o n �o c�a s°�1, `�a i r�'�e 1 d� o� �`e o r e I�. �o c�k
o! Minnee ol s Minnes ta
�C Y� (STATEJ
�
ita lawtul agent and attorney-in•fact make,ex ute,xeal,and deliver for and on iGv behalf a�its act and deed any and all unde akinqs,bonds,con-
tracta of suretyship, EXCEPT.•bail ppearance nds, ne-exeat bonds, immiRration bonds,xny Ruarxntee for failure to pay ali ony or support pay-
mente,or any bond guarantying the payment of oney made available through loanx or credits.
USE OF MORE THAN ONE POWER VOIDS THE BOND.
THIS POWER VOID IF ALTER D OR ER SED OR IF POWER•OF•ATTORNEY NUMBER DOES NOT APPEAR IN D PRINT.
' The acknowledgment and executi n ofany su h document by the said Attorney-In-Fact shull be as binding upon the Compan ae if such bond had
been executed and acknowledged by t e regularly lected ofHcers of this Company.
STATE OF MINNESOTA)
) SS
COUNTY OF HENNEPIN)
On this S�� day of , 19�, before me a Notary Public within and
for said County person lly a eared RONALD L. RISDON to me personally known, ho, being
by me duly sworn he di say t at he is the ATTORNEY-IN-FACT of ALLIID FIDELI INSURANCE
COMPANY, the corporati n name in the foregoing instrument, and that the seal affixed
to said instrument is he cor rate seal of said corporation, and that said i strument
was signed and sealed n beha f of said corporation by authority of its Board of Directors
and said RONALD L. RIS ment to be the t an deed of
said corporation. JEAN FERGUSON
NOTARY PUEUC �A!NNESOiA
RAMSEY COUNTY
. M Commission Expires Aug. 13. 1 tary Pu lic
K x
�;`�� � � �
*H ine,
' Secre
President
STATE OF INDIANA SS:
COUNTY OF HAMILTON
On this 6th day of July, 1982,befo me a No Pubiic,perxonally appeared H.0.CROQUART and T. L. EADS,who bein by me duly eworn,
acknowledqed said instrument to be th voluntury ct and deed of said Corporation.
/��� '���'� r����w
: _��� •
Notaty Public
Notary Pubiic,Hamilton County,Indiana �������
My Commission Expires: I/!9/87
I,F rancea A.Wilkineon,the Aesis t Secre of Allied Fidelity Insurance Co.,do hereby certify that the foregoing Power t Attorney and By
Law and Resolution of April 29,1982,h ve not bee revoked and are now in full force and effect.
IN WITNESS W EREOF, I ave here �o Ret my hand and aHixed the seal of esid corporation, this 7 day
of ,19 .
��1 v Ih549
O
i
` E�'�f. �/�t/K�/ Q. �
i�e�'c
Asalstant Secretary
NOTE TO COMPANY KEPRESENT TIVE:
G`..11........�L+...._..a'__ n___...m_n_r. . . . .._ . . _
�i .. � '.�'��,
a :
ls t 'e�C- 3 � Sis . ..: 2nd `�'- .3d -��5�
3rd J Adopted �"��'
J � �.� ,�� �'-�\ y� rlAj�'C £f
Y s �Tays �,� ,�! ��, �,
DREW ' � �q# _��
� ��--ss,� :�,, �f#� 4
r�sarrz � � ������';�,
/��3 �.Y:����r
NICOSIA - . j:_�
� ...:_a.�...,..::._.._ .__
SCHEIBEL
SONNEN
WILSON
MR. PRESIDENT TEDESCO
\ -- -
.-`�.°,�,.
;����i,�
� �� `
f+►c,
', � —'
Y
1.� � � .
� ;�
�����;'.
�
� � � y
1
r :