HomeMy WebLinkAbout2001-06 05-02 APSTATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
Frank Chilinski, being duly swom on an oath states or affirms, that he is the publisher of the
newspaper known as Sun -Post or the president's designated
agent, and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable
laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each week,
for
one successive weeks; it was first published on Wednesday, the 2 day of
May 2001, and was thereafter printed and published on every Wednesday to and
including Wednesday, the day of 2001; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being
he size and kind of type used in the composition and publication of the notice:
abcd efghij klmnopgrstuvwx
A J Not ksut
�'PYtCif'rC
Subscribed and sworn to 53 ffirmed f' efore me
nn this "zf day of 200
r
MERIDEL M. HEDBLOM
sl NOTARY PUBLIC MINNESOTA
MY COMMISSION EXPIRES 1.31.2005
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(3) Rate actually charged
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(2) Maximum rate allowed by law
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newspapers
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Publisher
2.85 per Tine
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City of Brooklyn Center
(Official Publication)
CITY OF BROOKLYN CENTER
NOTICE OF ORDINANCE ADOPTION
ORDINANCE NO. 2001 -06
AN ORDINANCE AMENDING CHAPTER 23 OF
THE ORDINANCES RELATING TO COURTESY
BENCHES ON THE PUBLIC RIGHT OF WAY
THE CITY COUNCIL OF THE CITY OF BROOKLYN
CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Sections 23 -901 to 23 -908 are hereby repealed
and replaced with the following sections:
Courtesy Benches on Public Right of W v
Section 23 -901. DEFINITION
A "courtesy bench" is any bench or seat maintained on the
public right of way for the convenience and comfort of pew
sons waiting for buses or other vehicles.
91_ -111t
No person shall place or maint. ain sny bench or seat on
w. .k1 u a s
have obtained a permit and have complied with the provi-
sions of this ordinance
F •I 4 _4.
gL
sn._.. 2 1 PR
MI S•
PE
A permit to install and in i ain a bench on or alone any
public sidewalk or right of way may be issued by the City
C,o to a person complying with the following req.la
mental
The person, firm or corporation desiring such a Permit
shall make written application to the City Clerk showing
the requested location and detailed plans and specifica-
tions of each proposed bent c _the_ ne --and address of the
'cant ch tion as ma
in an pplication form to be prepared by the City Clerk,.
City Engineer and City Attorney.
The location of each benrLshall be placed at a desig-
i_ c d .e bli
II
C._ Each application shall be accompanied y a letter of
consent in such form as the City Attorney shall require,
signed by the owners or lessees of the property abutting
the street upon which each bench is proposed to be locat-
ed. giving such owners' or lessees' consent to the install.
tion and maintenance of such bench at the proposed loca-
tion. The applicant shall furnish therewith such evidence
of ownership or lease as shall be required by the City At-
torney.
d Each anp tin all be accompanied by an insnec-
tion fee. as set forth by City Coimcil resolution,payable to
Cns I I.
cil resolution. payable to the City of Brooklyn Center for
each bench at the time the permit is issued
st
following the date of issuance thereof unless renewed At
least thirty (30) days prior to the expiration of any permit,
the holder may make written application for renewal
thereof accompanied by the permit fee in an amount as set
forth by City Council resolution. Renewal of permits shall
not be automatic. One factor in considering a permit re-
newal will be the level of demonstrated demand by the
public for the courtesy bench.
n
!K if ,l_� I a n 0... .rl. ati.n
the bench. are not to be changed. the application for re-
newal shall be sufficient if the applicant gives his name
and address. and the location and number of the bench for
which renewal permit is (Wired If the original consent of
1 •mi szI
at portion of the street where the bench is located grant-
m
y.:
sent shallnot be reouired.
hL Whenever a bench for which a permit has been issued
is sold or title or control thereof transferred or assigned. a
new permit shall be required and obtained for its mainte-
nano..
i if the application is for permits for more than one
bench at the same or different locations.p se anafm pro-
ber and permit shall. when issued. be assigned and grant-
;A r
Permit issued shall be valid only for the particular location,
designated therein.
as without the approval of the City Engineer
b, ill anv alley. or anv 1 o.^ations districts
tablished by the City Council.
at any location where the distance from the face of the
curb to the inside sidewalk line is less than eight (8) feet;
El, at any location more than fifty (50) feet from the near-
est
gmeer sh 1 c+ h gtof la.atim
Section 23 -905. REVOCATION.
a The application for installation and maintenance of
any bench shall be denied if e City Engineer shall fmd
that hem n nr ofthe b nch a th prepared location
wo ,id tend unduly ob=t n�sage �o�v acv p •c
sidewalk or public way or to create a hazard. or otherwise
to be detrimental to the public safety. convenience or wel-
fare
Any permit may be re voked or the auu1ieati; on for g
newel thereof denied. for failure to comply with theprovi-
sions of this ordinance. or for misrepresentatio of any ma-
tej)facts in the annliration or for anv rea_ a;
would have been ground for denial of the original applica-
tion. or where in the iudgment of the City Council or the
Citv��a; -eer maims. tan h om appopriate.
No revocation or denial shall be made arbitrarily or in-
eauitably as between different applicants
If the owner or lessee. shall by writing filed with the
City Engineer at least 30 days prior to the expiration of
any permit. withdraw his consent to the renewal thereof
after such expiration. the City Engineer shall promptly no-
tifv the permittee of the Sling of such writing and shall
dery t n w of a G p it n l ea din +;t a' h
owner. or person in possession or control: shall in writing
consent to such renewal permit being issued
Section 23 -906. LOCATION AND MAINTENANCE
a_ Each such permitted courtesy bench sh be installed
parallel with the curb and set back not less thanhirty (301
inches from the face of the curb,
No bench shall be mor than forty two (42) in heR hig
nor more than thirty (30) inches wide or seven (7) feet long
overall
Each bench shall have displayed thereon in a con-
spicuous place. the permit number
d Benches shall be installed on a level and stable base
on a concrete slab. unless otherwise authorized by the City.
Engineer. At no time may the courtesy bench be installed
on or o h encroach nn v aid w 1k bicv 1e tr
or other walkway or conveyance
g. It shall be the duty of the permittee to maintain each
bench at all times in a safe condition at its proper location
and to inspect each bench periodically in order that it may
be properly maintained. Benches shall be kept at all times
in a neat clean nd abl con ition I and sn sha ll 1
be removed from the benches and the vicinity thereof in
such a n m r that a h h e n h hall h acc eibl 11
times. Weeds and grass shall be maintained at less than
eight (8) inches in length. Any graffiti shall be removed
from any co y bench within two days of receipt of no-
tice from the city.
Section 23 -907. ADVERTISEMENT ON BENCH
a,. No advertising matter or sign shall be displayed upon
,t" .r
the backrest. No liquor. beer. tobacco products. or obscene,
immoral or indecen adve i 'n or politic) advertisLg of
any character. shall be permitted. and all advertising shall
be subiect to the approval of the City Council,
L. No advertising m tter or sign on any bench shall die
play the words "STOP "LOOK". "DRIVE IN "DAN-
GER". or anv other word. n_hr s e or symb w i might
c
Section 23 -908. REMOVAL OF BENCHES,
Upon the revocation or expiration of any pe 't with-
out renewal. if the permittee fails promptly to remove a
bench. the City Engineer may do so within ten (10) days
after written notice given by mail directed to the address
of the permittee on file. and if the nermittee shall fail to
pay the cost of removal and storage thereof wi a peri-
od of sixty (60) days after the giving of such notice. the per-
mittee's rights in said bench shall be forfeited but such for-
feiture shall not excuse the permittee from the payment of
the cost of removal and storage of said bench
The permittee_ ball-iaowe henrhes immediately upon
request of the City at permittee's expense should tempo-
rary or permanent removal be made necessary by con-
s ction or repair work in the vicinity of the bench
A, Applicants for Hermits s maintain insurance and
provide the City Clerk a Policy Certificate verifying public
liability insurance approved by the City Attorney and con
ditioned as follows: That the permittee will indemnify and
save harmless the City of Brooklyn Center its officers,
agents and employees from any and all loss. costa. dam-
ages expenses. or liability which may result from or arise
out of the granting of such permit. or the installation or
maintenance of such bench for which permit is issued,
regardless of the point to which such bench or benches may
be moved within the City of Brooklyn Center with or with
out the consent of the permittee. and that the permittee
will pay any and all loss or damage that may be sustained
by any person as a result of or which be caused by. or
arise out of such installation or maintenance
The insurance shall be maintained in its original amount
by the permittee at his expense at all times during the pe-
riod for which the permit is in effect. In the event that two
or more permits are issued to one permittee. one such in-
surance policy may be furnished to cover two or more
benches. and each policy shall be of a type in which cover-
age shall automatically be restored immediately after the
occurrence of any accident or loss from which liability may
thereafter accrue. Such policy shall not be terminated
without thirty days prior written notice to the City.
b The required limits of liability insurance required by
this section shall be 81.000 000 for .y number of claim
arising out of a single occurrence or applicable statutory
limits
Before a permit is issued. the applicant shall post
performance bond. in an an untsletermined to be suffi-
cient by the City Engineer and in .a form approved by the
Engineer. shall be presented to the City Council which
may Brant or deny any one or more of the applications
made
Section 2. This ordinance shall be effective after adoption
and thirty days following its legal publication.
Section 3. The terms of courtesy bench permit issuance
and renewal shall be effective as of April 1, 2002. Cour-
tesy bench licenses valid as of December 31, 2001, shall be
extended to April 1, 2002.
Adopted this 23rd day of April 2001.
Attest: City Clerk Sharon Knutson
Date of Publication: May 2, 2001
Effective Date: April 1, 2002
(Strikeouts indicate matter to be deleted, underline indi-
cates new matter.)
(May 2, 2001)Pl/Ord 2001 -06