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<br />utilities) which is relevant to the Transit Shelter Program together with the necessary guidance and direction to <br />achieve the Program's objectives. In consideration of the City's use of the transit shelters at no cost, the City <br />hereby assures access to and use of the nearest electrical power and waives all permit and use fees for each transit <br />,helter covered by this Ordinance. Provided that each transit shelter complies fully with the provisions of this <br />)rdinance and all applicable provisions of the City's Municipal Code, all necessary permits for the installation <br />and/or maintenance of the transit shelters shall be granted by the City. The process for obtaining such permits <br />shall be expedited by all city departments to assure that shelters are installed within one hundred eighty (180) days. <br /> <br />1207.20: RESERVED: <br />1207.21: ASSIGNMENT OR TRANSFER: <br /> <br />A franchisee shall not assign or transfer its rights, duties and obligations under the franchise, in whole or in part, <br />without first obtaining the written consent of the City, provided, however, that the City's consent shall not be <br />required with respect to any assignment by the franchisee to any person or entity that controls, is controlled by, or <br />under common control with the franchisee or which merges with or into the franchisee or acquires substantially all <br />of the assets of the franchisee. <br /> <br />1207.22: PERFORMANCE BOND OR OPTIONAL LETTER OF CREDIT: <br /> <br />A franchisee shall post with the City a performance bond guaranteeing its performance of the obligations of the <br />franchise, as created by this ordinance, and the ordinance granting the particular franchise. The amount of the <br />bond shall be as specified in the Ordinance granting the particular franchise. The bond shall be issued by a <br />company licensed to do business in Minnesota, and shall be in a form acceptable to the City Attorney. In lieu of <br />the performance bond the franchisee may elect to give the City an irrevocable letter of credit in the bond amount <br />issued by a bank in the metropolitan area. The letter of credit shall provide that it may be drawn upon under the <br />same circumstance as a surety would be subject to a claim under its performance bond, except that the letter of <br />redit shall be subject to a draw without any previous demand upon, or notice to the franchisee. The letter of credit <br />shall also be subject to a draw if it is effective for a limited term and is not replaced by a replacement letter of <br />credit at least thirty (30) days before expiration. The letter of credit shall also be in a form approved by the City <br />attorney and shall be on file with the City Manager and remain so until three hundred sixty-five (365) days after <br />the expiration or termination of the franchise. The City shall give the Franchisee seven (7) days' notice of its <br />intent to draw on a letter of credit. <br /> <br />1207.23: REMOVAL OF SHELTER: <br /> <br />Franchisees shall within thirty (30) days after receipt of written notice from the City remove any transit shelters <br />that are located at discontinued transit stop sites or which the City reasonably determines are in condition of <br />substantial disrepair or deteriorated condition such as to pose a health or safety hazard or diminution of value to the <br />abutting properties. Additionally, franchisees shall relocate any transit shelters within thirty (30) days after their <br />receipt of a written request to do so by the City as a result of redevelopment, traffic hazards or changes in bus <br />routes. Any such relocation of a transit shelter shall be to a location mutually agreeable to both parties, but only <br />after issuance of all necessary permits by the Director of Public Works. <br /> <br />1207.24: PUBLIC WORKS TO REGULATE INSTALLATION: <br /> <br />The Director of Public Works shall regulate the installation of transit shelters and if, in the opinion of the Director <br />of Public Works, a shelter installation is hazardous, the Director may order a franchisee to take necessary steps at <br />its own cost to remove or relocate the shelter or make the necessary repairs to correct the hazard. The Director of <br />Public Works shall have the right to conduct reasonable inspections of shelters for this purpose. <br /> <br />.1 regulating the installation of shelters, the Director of Public Works shall regulate the size of shelters installed, its <br />orientation or placement on the site, and any preparatory or remedial site work. When the City has approved a <br />location plan, a franchisee shall submit detailed amended plans showing any discrepancies between the site plan <br />