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HomeMy WebLinkAbout1961 Ordinance No. 004Introduced as a Bill by Councilman Brownewell BY AUTHORITY ORDINANCE NO. 4, SERIES OF 1961 AN ORDINANCE PROVIDING FOR THE PLACING OF BENCHES WITHIN THE CITY OF ENGLEWOOD FOR THE CONVENIENCE OF THE GENERAL PUBLIC, AND AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT THEREFOR ON BEHALF OF THE CITY WITH EMPIRE BENCH ADVERTISING COMPANY. HEREAS, the City Council of the City of Englewood believes that the health, welfare and convenience of the City will be served by the installation of benches at certain locations along the public sidewalks and at other places within the City, to be used by the general public at bus stops and other loca- tions for the comfort and convenience of the general public· and Empire Bench Advertising Company has offered to place benches at certain locations, under conditions to be expressed in writing : and, WHEREAS, the City Council of the City of Englewood finds and determines that the placing of benches at certain locations along the public sidewalks and at other public places within the City is necessary for the health, welfare and convenience of the general public of the City of Englewood: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD: Section 1. The City of Englewood shall cause benches to be placed at certain locations along the public sidewalks and at other public places within the City, to be used by the general public at bus stops and other loca- tions for the comfort and convenience of the general public, by entering into a contract with Empire Bench Advertising Compay, which contract shall provide for the placement of said benches within the City for an indefinite period, terminable by either party by notice of not less than thirty (30) days to the other party in writing : said contract further providing for ownership and maintenance in said company; said contract further providing that the company may use said benches for the display of advertisements and may enter into agreements with th.ird persons for the utilization of such advertising space on such terms and conditions as may be desirable to the compa,y, with provisions for payment to the City of five percent (5%) of the gross revenue from the sale of advertising quarterly, or $75.00 quarterly, whichever is greater ; said contract further providng for reasonable control of the type of advertising and termination of the contract upon violation of the condi- tions thereof and failure to correct after reasonable notification. Section 2. The Mayor and the City Clerk of the City of Englewood, on behalf of the City Council of the City of Englewood, are hereby authorized, directed and empowered to enter into said contract for benches with Empire Bench Advertising Company and to sign said contract on behalf of the City of Englewood. Said contract shall be an embodiment in writing and in substance a continuance of the contract authorized by Ordinance No. 30, Series of 1956, of the ordinance of the City of Englewood, Colorado; shall be dated January 1, 1961, and shall continue from year to year thereafter without enactment of any further ordinances, unless terminated on thirty (30) days' written notice by either one of the parties, as provided in said contract. Section 3. If any sentence, paragraph, subparagraph, section, clause or phrase of this ordinance is held for any reason to be unconstitutional, such decision shall not affect the validity of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, paragraph, subparagraph, section, clause or phrase thereof regard- less of the fact that any one or more of said items might be declared unconstitutional. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 6th day of February, A.D. 1961, and ordered published in full in the Englewood Herald and Enterprise. Passed on Final Reading by the City Council of the City of Englewood, Colorado, this 20th day of February, A.D. 1961, and ordered published in full in the Englewood Herald and Enterprise. ATTEST : CTtyClerk 343 I , B. O. Beausang, City Clerk-Treasurer, City of En1lewood, County of Arapahoe, State of Colorado, do hereby certify that the above and foregoing ordinance was introduced, read passed and ordered published as a bill in the Englewood Herald and Enterprise at a regular meeting of the City Council held on the 6th day of February, A.D. 1961, and that ati . lease 7 days after above publication as a bill the above ordinance was approved, adopted and ordered published in said legal newspaper by the City Council at a regular meeting held on the 20th day of February, A.D. 1961, as Ordinance No. 4, Series of 1961 , of said City. ATTEST: City Clerk-Treasurer I I I .