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maintenance, whichever is sooner. (Ord. 1318, 04-11-2005) <br />1207.12: ADVERTISING: <br />Each transit shelter installed by franchisees shall contain panels for advertising displays as specified in the <br />franchisee's proposal and ordinance granting the particular franchise. Such displays shall be used solely for <br />advertising materials and/or public service announcements. Franchisees shall use their best reasonable <br />efforts to obtain revenue -generating advertisements for the advertising display panels, except where unsold <br />advertising panels shall be available for City use on a space -available basis, and the City will provide the <br />posters to the Franchisee for posting in the shelters. <br />Advertising size and placement shall be as follows: The shelter signage may be up to two (2) four (4) feet by <br />six (6) feet advertising panels in a 2 -sided display affixed to the end wall of the shelter (or parallel to the road <br />on a narrow right of way application) and perpendicular to the roadway curb or edge viewable from one or <br />both ends of the shelter. Signage on shelters shall require permits as required by Chapter 703.05 of this <br />code. (Ord. 1349, 5-21-2007) <br />Except with respect to the quarterly fee payable to the City pursuant to Section 15 hereof, franchisees shall <br />have the right to retain all revenues generated from the advertising displays on all transit shelters. Under no <br />circumstances shall any advertising display contain indecent or vulgar pictures, graphics or language or <br />include advertising for any alcohol or tobacco products. Franchisees shall not display advertising relating to <br />contraception, pornography, politics or religion. Franchisees shall remove within forty-eight (48) hours after <br />their receipt of the City's written notification requesting such removal, any advertisements which the City in <br />its reasonable discretion deems to be offensive to the Community, or in conflict with the City's health, safety <br />and welfare concerns. In the event that a franchisee fails to remove such advertisements within such forty- <br />eight (48) hour period, the City may remove the materials at the franchisee's sole cost and expense. (Ord. <br />1318, 04-11-2005) <br />1207.13: LOCATIONS: <br />Location of Transit Shelters: A franchisee shall erect transit shelters at those locations that are mutually <br />agreed upon by the City and the franchisee, but only after a permit is approved by the Public Works Director. <br />The Public Works Director shall determine the location of shelters based on need, and so as to assure that <br />shelters do not unnecessarily impede pedestrian traffic, or line of sight and traffic safety. All transit shelters <br />shall be erected on public rights-of-way, or private property with written authorization from the property <br />owner(s), and shall be subject to all rules, regulations and ordinances governing the use of such rights-of- <br />way. Prior to erecting any such shelters at any locations, the franchisee shall secure any necessary approval <br />and/or zoning variance that may be required from any governmental entity. The Public Works and <br />Transportation Commission will review site applications of the franchisee and hold a hearing for public input <br />regarding proposed locations. <br />1207.14: ALTERATION OF SERVICES: <br />In the event that the City desires at any time to alter or change the nature or character of the services to be <br />provided by the franchisee and such alteration or change materially increases the costs and expenses to be <br />incurred by the franchisee or materially reduces the advertising revenues that can be generated by the <br />franchisee, such alterations or changes shall not be effective until the City and the franchisee have mutually <br />agreed to and executed an amendment to this Franchise Ordinance, which amendment may include an <br />adjustment to the City's fee under Section 15 hereof. <br />1207.15: FEE FOR FRANCHISE -MINIMUM FEE: <br />In consideration of the award of the franchise by the City, franchisees shall pay the City a fee based upon the <br />annual gross revenue collected that the franchisee derives from advertising on shelters located within the <br />