2004-12-16_PWETC_AgendaPacket - Laserfiche WebLink

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utilize a panel for public service announcements. Advertising size and placement shall be as follows: The shelter signage may be up to two (2) four feet by six feet (4' x 6") advertising panels in a 2-sided "v" display affixed to the end wall of the shelter (or road wall on a narrow :ght of way application) and perpendicular to the roadway curb or edge viewable from one or both ends of the shelter. Signage on shelters shall require permits as required by Chapter 1009 of this code. Except with respect to the monthly fee payable to the City pursuant to Section 15 hereof, franchisees shall have the right to retain all revenues generated from the advertising displays on all transit shelters. Under no circumstances shall any advertising display contain indecent or vulgar pictures, graphics or language or include advertising for any alcohol or tobacco products. Franchisees shall not display advertising relating to contraception, pornography, politics or religion. Franchisees shall remove within forty-eight (48) hours after their receipt of the City's written notification requesting such removal, any advertisements which the City in its reasonable discretion deems to be offensive to the Community, or in conflict with the City's health, safety and welfare concerns. In the event that a franchisee fails to remove such advertisements within such forty-eight (48) hour period, the City may remove the materials at the franchisee's sole cost and expense. 1207.13: LOCATIONS: Location of Transit Shelters: A franchisee shall erect transit shelters at those locations that are mutually agreed upon by the City and the franchisee, but only after a permit is approved by the Public Works Director. The public works director shall determine the location of shelters based on need, and so as to assure that shelters do not unnecessarily impede pedestrian traffic, or line of sight and traffic safety. All transit shelters shall be erected on public rights-of-way, or private property with written authorization from the property owner(s), and shall be subject to all rules, regulations and ordinances governing the use of such rights-of-way. Prior to erecting any such shelters at any locations, the franchisee shall secure any necessary approval and/or zoning variance that may be required from any governmental entity. The Public Works and Transportation Commission will review site pplications of the franchisee and hold a hearing for public input regarding proposed locations. 1207.14: ALTERATION OF SERVICES: In the event that the City desires at any time to alter or change the nature or character of the services to be provided by the franchisee and such alteration or change materially increases the costs and expenses to be incurred by the franchisee or materially reduces the advertising revenues that can be generated by the franchisee, such alterations or changes shall not be effective until the City and the franchisee have mutually agreed to and executed an amendment to this Franchise Ordinance, which amendment may include an adjustment to the City's fee under Section 15 hereof. 1207.15: FEE FOR FRANCHISE-MINIMUM FEE: In consideration ofthe award of the franchise by the City, franchisees shall pay the City a fee based upon the mIDual gross revenue collected that the franchisee derives from advertising on shelters located within the City in accordance with the terms of the ordinance granting the franchise and as follows: Payments and a quarterly report on operations and revenue shall be made thirty (30) days after the close of each quarter of the year. The "gross revenue" as used in this ordinance shall mean all advertising revenue derived directly or indirectly by the franchisee, its affiliates, subsidiaries, a parent company or corporation or any person in which the franchisee has a financial interest, from or in connection with the operation of the franchise prior to any deduction; provided, however, that this shall not include any taxes on services furnished by the franchisee herein imposed directly upon any advertiser by the City, state or other governmental unit and collected by the franchisee on behalf of said governmental unit. 1207.16: ACCOUNTS & RECORDS: