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HomeMy Public PortalAboutOrdinance 61-47ORDINANCE NO. 61-47 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA,. AMENDING THE TEMPLE CITY MUNICIPAL CODE BY ADDING SECTIONS 3304 THROUGH 3319 RELATING TO INSTALLATION OF UMBRELLAS UPON CITY SIDEWALKS.' THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS: SECTION 1. The Municipal Code of the City of Temple City is hereby amended by adding thereto Sections 3304 through 3319, which sections shall read as follows: "5304. SIDEWALK, That portion of a highway between the curb lines or traversable roadway and the adjacent property lines. "5305. UMBRELLA. A shade consisting of cotton or other fabric, or of metal, extended on strips of metal or other material fastened to a pole or rod usually by pivots or hinges so as to allow of being opened and closed with ease. Umbrellas as used in sections 3306 through 3317 shall be deemed to include the singular as well as the plural. "3306. OWNER. Owner as used in sections 3308 through 3317 shall include the plural as well as the singular and shall include all forms of entity, including, but not limited to, corporations, partnerships, joint ventures, sole proprietorships, joint tenancies, tenants in comman, and com- munity property. "1307. Umbrellas may be installed upon city side- walks in certain locations and zones only upon compliance with sections 3304 through 3319 of this Code. "3308. Umbrellas may be installed only in zones C -1, C -2, C -3 and C -4 as established by Article IX of this Code. "3309. A license fee in the sum of $5.00 for each umbrella shall be paid to the City Clerk, which fee shall be paid prior to the installation of an umbrella. The license fee shall be valid only to the end of the fiscal year of the .City of Temple City in which it is paid.. License renewals must be paid within 10 days of the commencement of each fiscal year. "3310. No license shall be issued by the City Clerk until the applicant for license has handed to the City Clerk written proof of insurance, by an insurance cvmpallj app- rurc1 by the City Attorney of coverage for the term of the license, which insurance coverage shall hold the City free and harmless from any loss, damage or liability resulting in any way from the installation of any umbrellas installed by the applicant, in an amount not less than $250,000.00 for injuries including death to any one person, and subject to the same limit for each person in an amount not less than $500,000.00 on account of one accident and $25,000.00 property damage. "3311. No license shall be issued by the City Clerk except to the owner of the real property most immediately adja- cent to the sidewalk upon which the umbrella is to be located -1- 110 or to the owner of the business,.but both the owner of the real property and the owner of the business shall execute an agree- ment with the City of Temple City in substantially the follow- ing form prior to the issuance of any license. AGREEMENT THIS AGREEMENT, made this day of 1961, by and between the CITY OF TEMPLE CITY, CALIFORNIA, a municipal corporation in the State of California, hereinafter called "CITY" and hereinafter called "OWNER" the la er •esigna ion w is s a include the singular as well as the plural and shall apply to the under- signed, be the undersigned owner or owners of real property as joint tenants, tenants in common or as community property or owner or owners of business located thereon as an individual, partnership, corporation or any other form of entity. WITNESSETH WHEREAS, the Owner is the owner of that certain business and /or real property located at legally described as follows: WHEREAS, the Owner desires to place upon the sidewalk in the front of the above described business building, a certain umbrella or umbrellas, the installation of which could result in a hazardous condition, and WHEREAS, the City by permitting the installation :)f the subject umbrella or umbrellas may be called upon to respond in damages in the event of any accident of and concerning said in- stallation, and WHEREAS, the Owner is agreeable to completely indemnify and hold the City harmless of the erection, maintenance and in- stallation of said umbrella or umbrellas, and WHEREAS, the consent of the City of Temple City to the erection, maintenance and installation of the hereinafter de- scribed umbrella or umbrellas is subject to the City of Temple City being held harmless in regard thereto, by the guarantee of indemnity of the Owner and by the Owner obtaining and keeping in effect certain insurance coverage, NOW, THEREFORE, IT IS AGREED: 1) City agrees that Owner may install one umbrella of the description set forth in Exhibit "A," which exhibit is at- tached hereto and made a part hereof as though set forth in full, at the location as shown upon the certain plot plan, marked Exhibit "B," which is attached hereto and made a part hereof as though set .forth in full, under the terms and condi- tions as hereinafter set forth in this agreement. 2) If more than one umbrella is to be set forth upon the sidewalk as shown upon the plot map, Exhibit "B," the number of umbrellas and placement thereof will be shown upon the plot plan Exhibit "B" Any reference to umbrella hereinafter in this agreement shall include the plural as well as the singular. No umbrella shall be erected not shown upon Exhibit "B" and not complying with Exhibit "A." -2- 111 3) Owner agrees to hold the City harmless upon any acci- dent, injury, suit, claim or judgment against the City, includ- ing, but not limited to, court costs, attorney fees and inves- tigation expenses. 4) Owner agrees that it shall, prior to the erection of any umbrella pursuant to the terms of the agreement, furnish to the City proof of the existence of an insurance policy which shall insure the City against any loss, judgment or otherwise, in regard to the erection and maintenance of said umbrella, or any accident caused by or incidental thereto for the full term of any license issued, in a sum of not less than $500,000.00 for any one accident, $250,000,00 for any one person and $25,000.00 property damage. 5) All expense of maintenance of any umbrella installed shall be at the sole expense of the Owner. 6) Owner acknowledges to have read and be familiar with sections 3304 through 3319 of the Temple City Municipal Code and to fully comply with all of said sections and any adminis- trative regulations adopted pursuant thereto. 8) Owner agrees that Owner shall have no claim or cause of action against the City for any damage to Owneros property caused directly or indirectly by the installation of the umbrel- las subject of this agreement. "3312. The City Manager shall set up administrative rules and regulations concerning the size, construction and in' stall.ation of umbrellas, which administrative rules and regula- tions shall be directed to public safety. "3313. No words, lettering, writing or pictures or drawings of any kind shall appear on any umbrellas licensed in this Code. "3314. No umbrella may be located upon any sidewalk except at such location as shall be approved by the City Manager. "3315. The City Manager may cause to be removed any umbrella without notice if the City Manager shall determine any umbrella to be dangerous to persons or property. "3316. The City Manager may cause to be removed any umbrella he shall deem unsightly or in need of repair after giving the licensee of the particular umbrella three-day notice in writing so to do and no correction of the • particular umbrel-i- la having been made pursuant to the notice served. "3317. Notice to any licensee to repair or correct any unsightly condition pursuant to section 3315 shall be in writing, sent by regular mail to the address appearing on the license for the particular umbrella. "3318. Title to any umbrellas removed under sections 3314 and 3315 shall pass forthwith upon removal to the City. "3319. All licenses issued under sections 3304 through 3317 shall be issued subject to the right of the City of Temple City to terminate and cancel all licenses issued at any time upon a resolution adopted by the City Council of the City of. Temple City at a regularly called meeting which resolution shall declare and determine that the continued installation of the umbrellas is detrimental to the public health and well being -3_ 112 of the people of Temple City., Each licensee shall be deemed to have notice of this provision whether stated upon the license or not and a finding by the City Council that the umbrellas con- tinued installation is detrimental to the public health shall be conclusive. PASSED and ADOPTED by the City Council of the City of Temple City at a regular meeting thereof held this 25th day of September , 1961, by the following called vote: AYES: Councilmen: Buchan, Fitzjohn, Merritt, Tyrell, Dickason NOES: Councilmen: None ABSENT: Councilmen: None ATTEST: Lea00,4;-- (1J .- Clerk of the City of }Temple City, California Mayor of the City of Temple City, California STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF TEMPLE CITY ) I, Marjorie A. Woodruff, do hereby certify that I have been duly appointed Deputy City Clerk of the City of Temple City, California, and that the foregoing Ordinance No. 61 -47 was introduced at a regular meeting of the City Council held on September 11, 1961, and adopted at a regular meeting of the City Council held on September 25, 1961, by the following roll callvote: AYES: Councilmen - Buchan, Fitzjohn, Merritt, Tyrell, Dickason NOES: Councilmen -None ABSENT: Councilmen -None Dated: September 25, 1961 -4- Deputy City Cler o th -'City Templ- City, California 113