§ 19-313. Removal of shelter or bench

(a) Franchisee shall retain the right to remove any bench or shelter upon thirty (30) days' notice to city in the event the federal, state, municipal or other proper authorities should, after [June 3, 1992,] effective date of the ordinance codified in this chapter, establish any rules, regulations or taxations which shall so restrict location, construction, maintenance or operation of the benches or shelters as to substantially diminish the value of the benches or shelters for advertising purposes, or in the event of "chronic vandalism," as hereinafter defined.

(b) In the event city fails to receive notice of renewal of the permit not less than ninety (90) days before the expiration date thereof, or fails to receive renewal of the performance guarantee bond, the comprehensive general liability insurance, or any of them, not less than thirty (30) days before the expiration date thereof, or in the event either or both the performance bond or comprehensive general liability insurance are canceled and no evidence of equal coverage is filed with city not less than thirty (30) days prior to the expiration date of either coverage, or upon termination of the franchise for any reason, franchisee agrees to immediately remove all of its benches or shelters and replace with non-advertising shelters where they had originally existed, and if it fails to do so within thirty (30) days after notice to do so is mailed by city, city shall have the right to remove the benches or shelters and franchisee agrees to pay to city, city's costs for such removal and site restoration.

(c) Chronic vandalism shall be defined as damages inflicted to an individual bench or shelter during any six-month period which require cumulative expenditures for replacement and repair that exceed the original cost of construction and installation of the bench or shelter.

(d) Upon removal of any or all benches or shelters erected by franchisee hereunder, all material shall be removed from the site, including, but not by way of limitation, all wires. The site shall be restored to the condition as it existed prior to installation of the bench or shelter, including complete restoration of any sidewalk upon which the bench or shelter was located, or non-advertising bus shelter which may have existed there prior to this franchise.

(Ord. No. 92-9, § 3, 5-4-92)