§ 20. Removal of shelter  

Latest version.
  • (a) The Council may order Company to remove any shelter when it reasonably determines that it is no longer of any benefit to the public, when there is no longer a bus stop at the location or when it finds that maintenance is inadequate under Section 23 herein. If the City requires removal of a bus shelter because of relocation of all or part of a bus route, because of inadequate maintenance, or because if it is no longer of any benefit to the public, the City shall give the Company thirty (30) days after written notice to remove the shelter.

    (b) If a shelter must be temporarily removed for construction done by any governmental unit or its contractor, Company shall, after being given two (2) weeks' written notice, remove the shelter. If the company fails to remove the shelter within said two-week period, the city may cause the shelter to be removed. The City may also, upon two (2) weeks' written notice, order the Company to temporarily remove a shelter for an abutting owner's construction at such owner's expense.

    (c) Except as provided in subsection (b), if the Company fails promptly to remove a shelter when ordered to do so by the City Engineer or Council, the City may have the shelter removed within thirty (30) days after written notice to the Company, and the Company shall pay the cost of removal or storage thereof.

    (d) If the City requires the permanent or temporary removal of more than four (4) shelters in one (1) calendar year, the City shall grant a credit of eight hundred dollars ($800.00) per shelter for each such removal above four (4). If the City, through its forces or contract forces, provides the electrical conduit work and concrete work needed to relocate a removed shelter, no credit shall be due for that removal. The credit shall be credited against the franchise fee when the quarterly franchise fee is paid to the City with respect to the first quarter of the following year, commencing in 1991. The credit for removal costs shall be readjusted annually to reflect any increase in the consumer price index (CPI). There shall, however, be no credit with respect to shelters ordered removed for inadequate maintenance, for abutting owners' construction, or for construction by or for any governmental unit other than the city, nor with respect to shelters ordered to be removed by the city because of the discontinuance or relocation of bus stops by metro transit or its successor. No credit shall be granted for removal of any shelter unless the company gives notice to the city of its intention to claim the credit and the city engineer or his designee authorizes the credit prior to or within sixty (60) days after the removal of the shelter, which authorization shall not be unreasonably withheld. If there is a non-city governmental construction project, the City of Minneapolis shall use its best efforts to inform the other governmental unit as early as possible in the project to work with the company to have the removal and relocation expenses covered by the governmental unit doing the project. No part of this ordinance shall be deemed to prohibit the company from obtaining moving expense reimbursement from any entity other than the city. (2010-Or-043, § 1, 4-16-10)