ORD NO 01-1968 ORDINANCE NO, 1 -1968
AN OR:IPJANCE GRANTING AN EXCLUSIVE PERMIT FOR THE PLACING
OF REST BENCHES BEARING ADVERTISING MATTER UPON PORTIONS OF
CERTAIN PUBLIC THOROUGHFARES AND OTHER LOCATIONS.
WHEREAS, the City of Van Buren, Arkansas, has advertised for
bids for an exclusive franchise for rest benches bearing adver-
tisement matter, and
WHEREAS, Ken -del Advertising Agency has submitted their bid,
and
WHEREAS, it was the only bid received,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CIYT OF VAN BUREN,
ARKANSAS:
1. An exclusive permit is hereby granted and awarded to
0 Ken -del Advertising Agency, their successors and assigns to place
artistic benches bearing advertising in the City of Van Buren,
Arkansas, at such places, points and locations as the permitte•
selects. The permittee is hereby authorized to locate and place
benches along public streets and thoroughfares, shopping centers
and other localities which will serve the public convenience and
necessity. For a term of ten (10) years from the effective date of
this permit.
2. The said Ken -del Advertising Agency, their successors and
assigns, are granted permission to sell advertising space on such
benches; provided, however, that no advertisement for any alcoholic
beverages will be placed on any portion of any bench.
'3. For and in consideration of such permit, the said Ken-
t del Advertising Aguncy, their successors and assigns, agree to pay
to the City of Van Buren, Arkansas, the sum of Five and No/100
Dollars (55.00) per bench per year, said being payable in advance
annually within thirty (30) days from the effective date or
anniversary date of this ordinance, with a minimum of Fifty Dollars
($;50 -.00) per year. Any benches placed in the interim shall be
pro -fated as one to three months; L1.25, four to six months;
'142.50, seven to nine months; 453.75, ten to twelve months; '555,00
and shall be due and payable upon installation by the permittee.
The permittee further agrees to furnish td the.City of Van Buren,
Arkansas, for its use one (1) bench and will change the sign as
directed by the City Council up to four (4) times per year.
Bafcre the placement of any bench, the location of said bench
must;be approved by the Mayor of the City of Van Buren, Arkansas.
4: All rest benches hereafter placed along streets of the
City of Van Buren, Arkansas, shall be constructed of a combination
of materials that will be durable and attractive. Each bench
shall be approximately seven (7) feet long, two (2) feet wide and
fifty (50) inches high and hold a test weight of 800 pounds: The
benches shall be kept in good and safe condition and repaii'at all
times Pormittee further agrees to keep the immediate area around
the benches in clean, orderly and sanitary condition and in.such
manner as not to create a fire hazard or menace to health.
5. If at any time during the period of the permit granted
herein, or any extension thereof, any public property upon which
any bench or benches are located is needed for public purposes,
permittee, their successors and assigns, will remove such bench
at their own expense upon the request of the mayor of the city of
Van Buren, Arkansas, or his agents.
6. If permittee, their successors and assigns shall
abandon or fail to perform any of the duties, convenants, or things
imposed upon them herein, the city of Van Buren may declare.this
permit breached and terminate same; unless said breach is
corrected within thirty (30) days after the breach occurs and
notice given by the City of Van Buren to the permittee. In such
event the City of Van Buren is authorized, at its option, to take
possession of said benches, disposing of them to the best
advantage in its judgment, and any residue over and above the
expense involved shall be paid to the permittee, their successors
and assigns.
7. Any assignee or permittee shall be obligated to notify
the city clerk of the city of Van Buren of any assignment of all
or any part of this permit within thirty (30) days from the date
of any such assignment. No assignment will be made or recognized
without prior approval of the City Council of the City of Van Buren,
Arkansas;
8. There is hereby granted to permittee, their successors
and assigns, an option to renew this permit for an additional•ten
(10) year pariod beyond the original term hereof upon the same
terms and conditions as contained herein; provided, however, that
the price per bench per year may be renegotiated and a ndw price
O shall not exceed Ten and N0/100 Dollars (;310 per bench per
year.
9. It being immediately necessary for the preservation of,
the peace, health, and safety of Van Buren, Arkansas, and the
inhabitants thereof, that the provisions of this Ordinance shall
take affect and be in full force from and after its passage,
approval and publication.
PASSED AND APPROVED THI5 8th day of January, 1968.
Allen R. Toothaker (s)
Mayor
Attest
o
Geo L Crofton (s)
City Clerk
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