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269674 WH17E - CITV CLERK 1 I�r.C. "-�� PINK - FINANCE COIIIIClI P�tj7 J C�NARY - DEPARTMENT GITY OF � �SAINT PAUL t � � BLUE - MAVOR . Fll@ NO. � ` Ordin�nce Ordinance N 0. 1( 1� Presented By � Referred To Committee: Date Out of Committee By Date An ordinance amending Chapter 51 of the Legislative Code of the Gity of Saint Paul, pertaining to the issu- ance of permits for telephone booths on public streets; providing for a change in the method of issuing such permits. THE COUNCIL OF THE •CITY OF SAINT PAUL DOES ORDAIN: Seetion 1. That Chapter 51 ,0�t1�e Saint Paul Legislative Code is amended to read as fsollows: 51.01. No telephone booth, other than a con- ventional type public pa,y station telephone booth connected therewith and constituting an integral part of the public telephone ,�stem of a duly consti- tuted and authorized telephone:.;�ublic utility company under and pursuant to the app#.icable Minnesota State Statutes, shall be instal�eti or maintained within any public street, public highway, or public grounds of the City of Saint Paul. No such public pay station type telephone booth shall be installed or maintained within any such public street, public highway or `� public grounds unless and until a City of Saint Paul permit therefor shall have been duly issued to the public utility telephone company concerned pursuant to its application hereunder. 51.02. No person other than a duly constituted and authorized public utility telephone company, under and pursuant to the applicable Minnesota State Statutes, shall be eligible to make application there- for or to obtain an such Cit of Saint Paul permit COUIVCILMEN Yeas Nays Requested by Department of: Butler Hozza In Favor. Hunt Levine A gai ns t BY Roedler Sylvester Tedesco Adopted by Council: Date Form Approved by 'ty A orney CertiEied Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council By BY _ � ��'� Page 2. hereunder. Any such public utility telephoiie company so constituted ;a.nd authorized and which maintains and operates a public util�ity telephone system within the City of Saint Paul, sahich shall propose to install or maintain an.y such public pay station type telephone booth,' in any su�ch public; stree�t, highway or grounds of said City: of Saint Paul , shall be required to fi.le its written app7,ication, �or the aforesaid necessary City of Saint Paul permit for the same, �vith the Se��}ss�e�e� Directar of Public Works of said city, if tlie site in question shall be in a public street, public highway or public grounds within his depart- mental jurisdiction., or with suCh other �e��e�e�.e� �a�e-s��-�a�e-�e�a��e�� de�artment having juris-- diction of the same. Such application eka��-�e-}�.-�e��-ee�s�s�e�� e�e;v��-a�.c�-a��e�e�-�3�-��e-�P�ee��}e�-e�-��e-�e��e}� e�-sa��-G��-e�-��-�a��:--��fl-�a�e-�3�-��-��a��s�e�.s S�i�all. r�;qu.ire the furnishing by the applicaiit o.f i pertinent information con�erning the loeation and dimensions of the proposed site, the character of construction and height and ground area dimensi.ons . of the proposed public pay station telephone booth, ancl -the present and prospective public need for the maintenance of such facility at the proposed site. TY�� r9I�?3��f:d53:A�}Sr-s�ana��sec�-��-��-�,r��-s�e� a��ea��e�-s�a��-�ae-��e� director of the department concerned shall tliereupon make due inves�tigation of the proposed site and determine whether or not the proposed installation and maintenance of the subject public pay station telephone bootli thereat wauld � occasion the crea�ion of any substantial abstruction or hazard to traffic or. to the public ha�*�.ng access �o such proposed site a��-�a#�e-��e-�e�ae�=�-��e�ee� #ege��e�-w��-��eee��e��a�}e�s;-�e�-��e-g��g e�-c�e�}a�-e�-s�.ek-a��}ea�}e�-�s-��te-G}��-Ee��e}�� and, based upon said in�vesti�ation, shall grant or deny the subject application. ` �1�a��--Th�ereu�nn_�h�_Cit3r_Cnuncil_shall_dul3.� ee�s��e�-��e�-�e�e��-a��-�eee�a�e��a�}e�s;-e�-��e Ge��se}e�e�-ee�ee��e�-�ke�ee�;-a��-��-}�s-�eee��e� .�.,�&i��i-A�-�A��-��2A-£+L��Bf!$i-a��e&�i�933r--�l�a�-}�-��e ��-Ge��e}�-�3�-��s-�ese��}a�-eka��-g�a��-#�e s��ee�-a��-a��e��--��e-�e��}�s�e�e� If the anplication i� �ranted the director o:f the denart- ment concerned. sub�ect to all applicable provisions hereof, shall �e-a�t��e��ec�-a��-e��awe�ec�-�e issue ' � � ��9�'�� Page 3. the necessary City of Saint Paul permit for the in- stallation and mainten�.nce, on the proposed site, of the subject public pay station telephone booth . �l�e�sl��-sau�gl�t��.�-eh��-��e�e��e�-�e��te��e-sa�e �eee��g��-�e-#�e-��e�� That the City � 6e��e}� hereby reserves the absolute right to revoke every such permit therefor �nd to �equire the removal of the subje�t installation �hereunder. and the restoratior�. of the site of the same, by and at the expense o� the permittee,` t�p its former state and condition, at the order of and under the supervision and to the sa isfac ion o the Ge�}ee}e�e� director of the department concerned. ��84 51.03. That the application for any such permit hereunder, among other things, shall provide that, in the event of the granting of the same and the issuance of the subject permit, the applicant-permittee shall become and remain bound unto said City to. fully indemnify, defend and hold harmless said City against all loss and liability on account of any and all claims for the recovery of money damages for or on account of injuries to person. or property resultant therefrpm or occasioned by the exercise oY the subject permit, the installa- tion and maintenance o'� any such public pay station telephone booth, the removal or nonremoval of the same or the restoration or nonrestoration of the site of the subject inst�llation, by �he permittee, hereunder. That despite the absence of any such express provision ther�for under any such applica- tion for any such permit, the permittee under �iach such permit shall be deemed to have accepted the same, subject to the obligation hereby imposed upon such permittee to fully indemnify, defend and hold harmless said City against loss and liability on account of every such claim. ��:A§ 51.04. ��e�3z-sush-C��3z-Cs��e��-Rese�,atioa ��e��g-�e��-��e-g��}��-a-�e��}�-�e�-��.e-��s�a��- #�e�-a��-�a��e�a�ee-e�-��-s�e�-��a��e-$��-s�a��e�. te�s�l�a�e-]�aetk-�ie�e�x�ie�-sl�a��-ee��.-tl�e-C��3� � 6e�r�e��s-��ne�g�g-�hs�-�ke-sa��ee�-��s�a��e��e� �►3��-s�r�e-}��e-eer��er��e�ee-t�ne�-r�eee�s��-e�.e� ��-�e#-eer�s��#tt#e-e-sa�s#et�#�e�-��e�r�nee-er ha�sre�-�e-p��e-��e��e- That upon the issuance of any such permit pursuant to any such application hereunder, the permittee shall become and remain ' ' � ' � ��°..7�� Page 4. bound, to said City, additional to all other obliga- tions of the permittee which shall attach::thereto, for the performance of the following obligations hereby expressly imposed upon the permittee and to which each such permit shall be deemed subject: 1. The permittee sha1T install and maintain the subject public pay station telephone booth and necessary standard telephone equipment connected with the permittee ' s public utility telephone system available for public use, �t the authorized site, subject to applicable laws, r�te schedules and rules and regulations of public authorit.ies having cogni�� anae, all at the permittee ' s own cost and expense, save that the permittee shall be entitled to reim- bursement to be made by said City, on account of the permittee' s incurred expense, for electric energy supplied to the permittee, by an authorized public utility companyotherefor and consumed therein for the necess�ry illumination of the subject public pay station telephone booth, such reimbursement to be computed on the basis of an annual flat rate charge of �19.00 per telephone booth, plus �1.90 for each 10 watts or fraction thereof in excess of 100 watts connected load per year. 2. The permittee shall remit to said City, quarterly, the equivalent of 17f oY the gross revenues derived by the permittee from the opera- tion and maintenance of the subject pt�blic pay station telephone booth. 3. The permittee shall compil� and maintain book records readily available to said City for examination and which shall be accurately and currently reflective of such gross revenues and shall, in support of any claim for any such reim- bursement to be made, as aforesaid, to the permittee by said City, in respect of such electric energy expense for telephone booth illumination, certify the same as being in conformity with such book records. That the aforesaid provisions of subparagraphs 1, 2, and 3 of this Section 51.04 shall apply to each permit issued hereunder and to the public pay station telephone booth which shall be the subject of the same, and the permittee under each such permit shall become and remain bound unto WHITE — CITV CLERK � � PINK — FINANCE CO1111C11 .,CANARY — DEPARTMENT � GITY OF SAINT PALTL BLUE —SdAVOR File NO• ��`��y��. a � Ordin�nce Ordinance N 0. l(��I�J Presented By Referred To Committee: Date Out of Committee By ' Date Page 5. said city according to said provisions and all other applicable provisions vf this ordinance. TY►at_o�re�3�_�ermit_authu�ized_ar_i�ssuecl_�xia�_tn 1�a�T-��-�-�9��T-�'�-sa��-��-9�-Sa��3�-�aa�T-�9�-�+�le ��.s�a��t�e�.-��.c1-�a}��e�.a�.ee�-�a3�-#�e-�e��ee�-e� . ax3�-$��a�a.e-�a3�-�s�a�iax-tala�l�ano-�aao��i-a�-ata3�-�ole- �}aa�.e-�aatl�T-ora-ax�3z-�u�lie-s�xee�T-i�ubla,e-�l�v�augla�a�e, a�-�a�a�a.a-g�a��cl�T-l�e�s]a3z-i�s-�e�akod-at�d-to��i�s��ecl o��ae��e_a�e-�T-�g6�T 51.05. Revocation or denial. In the event the a Director of Public Works or other de artment concerned shall order the removal of an such tele one o0 or s ould den a ro ose loca ion or suah boo the ermit ee ma a ea e decision o e i Council. The ouncil shall, upon ue no r:�e to the ermittee hold a ublic hearin and a�ter suoh hearin shall make a final determina ion �s to such revoca ion or denial. Section 2. This ordinance shall take e�feet and be in force thirty days �rom and after its passage, approval and publication. COUNCILMEIV Yeas Nays Requested by Department of: IHo}za � In Favor Hunt Levine � Against BY �ee�ler Sylvester Tedesco SEP � � �9rn Form Approved b City ttorne Adopted by Council: Date Certified a s Cou cil c etar� BY BY �.� Approved b or. Date � SEp -9 6 19 ' Approved by Mayor for Submission to Council By � gy �uB«s�� SEP 2 �t 1977