RES 84355 - Laserfiche WebLink

signs and street crossings, or (iii) create any hazardous condition. C. During the past several years the number of news- racks placed and operated on public property and within public rights-of-way in the City has increased noticeably. In response, the City proposed and enacted newsrack regula- tions in the form of a comprehensive newsrack ordinance. The Distributors, while agreeing to rectify specific problems created by newsracks at specific locations in the City, dispute the need for a comprehensive newsrack ordinance. They maintain that any such ordinance is too inflexible and will unnecessarily restrict the placement of newsracks on public property and within public rights-of-way. The Dis- tributors further maintain that the application of some portions of the enacted ordinance will violate their rights under the Free Speech and Free Press clauses of the United States and California Constitutions. In an effort to avoid further dispute and to accommodate the needs of the public and the Distributors, the parties have agreed to enter into this Agreement to provide a more flexible set of guidelines for newsrack placement, operation, and maintenance, and the City has agreed to repeal the newsrack ordinance by enacting the new ordinance attached to this Agreement as Exhibit A. The Distributors have further agreed to use their best efforts to comply with the guidelines provided in this Agreement. -2-