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<br />forty-eight (48) hour period, the City may remove the materials at the franchisee's sole <br />cost and expense. <br /> <br />Section 13. Locations. <br /> <br />Location of Transit Shelters: A franchisee shall erect transit shelters at those locations <br />that are mutually agreed upon by the City and the franchisee, but only after a permit is <br />approved by the Public Works Director. The public works director shall determine the <br />location of shelters based on need, and so as to assure that shelters do not unnecessarily <br />impede pedestrian traffic, or line of sight and traffic safety. All transit shelters shall be <br />erected on public rights-of-way, or private property with written authorization from the <br />property owner(s), and shall be subject to all rules, regulations and ordinances governing <br />the use of such rights-of-way. Prior to erecting any such shelters at any locations, the <br />franchisee shall secure any necessary approval and/or zoning variance that may be <br />required from any governmental entity. The Public Works and Transportation <br />Commission will review site applications of the franchisee and hold a hearing for public <br />input regarding proposed locations. <br /> <br />Section 14. Alteration of Services. <br /> <br />In the event that the City desires at any time to alter or change the nature or character of <br />the services to be provided by the franchisee and such alteration or change materially <br />increases the costs and expenses to be incurred by the franchisee or materially reduces the <br />advertising revenues that can be generated by the franchisee, such alterations or changes <br />shall not be effective until the City and the franchisee have mutually agreed to and <br />executed an amendment to this Franchise Ordinance, which amendment may include an <br />adjustment to the City's fee under Section 15 hereof. <br /> <br />Section 15. Fee for Franchise-Minimum Fee. <br /> <br />In consideration of the award of the franchise by the City, franchisees shall pay the City a <br />fee based upon the annual gross revenue collected that the franchisee derives from <br />advertising on shelters located within the City in accordance with the terms of the <br />ordinance granting the franchise and as follows: <br /> <br />Payments and a quarterly report on operations and revenue shall be made thirty <br />(30) days after the close of each quarter of the year. The "gross revenue" as used <br />in this ordinance shall mean all advertising revenue derived directly or indirectly <br />by the franchisee, its affiliates, subsidiaries, a parent company or corporation or <br />any person in which the franchisee has a financial interest, from or in connection <br />with the operation of the franchise prior to any deduction; provided, however, that <br />this shall not include any taxes on services furnished by the franchisee herein <br /> <br />5 <br />