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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM Second Reading rd a11a 1 IN Y,&ELe7 Date: 09/08/2020 Requesting Department: Department of Resilience and Public Works Commission Meeting Date: 02/11/2021 Sponsored By: Type: Ordinance District Impacted: All Subject: Amend Code - Chapter 54 - Streets and Sidewalks PURPOSE OF ITEM: Chapter 54, Section 54-8 provides the guidelines for using the street or sidewalk for display purposes. Currently, the City does not permit event banners on vertical light poles. The changes in this ordinance will establish a permit process from the City's Department of Resilience and Public Works for the installation of event banners on vertical street light poles. Additionally, the ordinance proposes an adjustment of fees for horizontal banners. BACKGROUND INFORMATION: An ordinance of the Miami City Commission amending Chapter 54/Article I/Section 54-8 of the code of the City of Miami, Florida, as amended ("City Code"), entitled "Streets and Sidewalks/In General/ Using Street Or Sidewalk For Display Purposes, Exceptions; Permit And Fee. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By City Commission Nicole Ewan Meeting Completed 10/22/2020 9:00 AM Department of Resilience and Public Works Juvenal Santana Department Head Review Completed 12/03/2020 10:39 AM Office of Management and Budget Donovan Dawson Budget Analyst Review Completed 12/08/2020 1:58 PM Office of Management and Budget Leon P Michel Budget Review Completed 12/08/2020 5:04 PM City Manager's Office Nzeribe Ihekwaba Assistant City Manager Review Completed 12/08/2020 9:08 PM City Manager's Office Arthur Noriega V City Manager Review Completed 12/09/2020 8:24 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 12/09/2020 9:46 AM Office of the City Attorney Daniel Goldberg ACA Review Completed 12/11 /2020 5:21 PM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 12/14/2020 5:50 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 12/24/2020 11:27 AM City Commission Nicole Ewan Meeting Completed 01/14/2021 9:00 AM City Commission Nicole Ewan Meeting Completed 02/11/2021 9:00 AM Office of the Mayor Mayor's Office Unsigned by the Mayor Completed 02/22/2021 4:57 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 02/22/2021 5:03 PM Office of the City Clerk City Clerk's Office Rendered Completed 02/22/2021 5:03 PM City of Miami File ID: 7849 (Revision:) Printed On: 212512021 - City of Miami City Hall Legislation 3500 Pan American Drive Miami, FL 33133 Ordinance www.miamigov.com Enactment Number:13963 File Number: 7849 Final Action Date: 2/11/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE I/SECTION 54-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STREETS AND SIDEWALKS/IN GENERAL/USING STREET OR SIDEWALK FOR DISPLAY PURPOSES, EXCEPTIONS, PERMIT AND FEES"; CREATING STANDARDS FOR THE ISSUANCE OF PERMITS IN THE PUBLIC RIGHT-OF-WAY FOR VERTICAL AND HORIZONTAL BANNERS ON POLES; PROVIDING FOR BOTH REGULATORY FEES RELATED TO PROCESSING SAID PERMITS AND PROPRIETARY FEES RELATED TO THE USE OF THE RIGHT-OF-WAY FOR THE SAME; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 54 of the Code of the City of Miami, Florida, as amended ("City Code"), provides the fee schedule for the processing of right-of-way permits; and WHEREAS, the proposed ordinance adjusts the fees for horizontal banners; and WHEREAS, the City of Miami ("City") currently does not permit vertical event banners on streetlight poles; and WHEREAS, the proposed amendments will establish a permit process from the City's Department of Resilience and Public Works for the installation of vertical event banners on streetlight poles; and WHEREAS, the creation of and changes to regulatory fees for reviews and inspections in this Ordinance are related to and based upon the actual cost to the City for reviewing and processing the various approvals, permits, and other regulatory requirements as more specifically provided for herein; and WHEREAS, proprietary fees charged for the use of the right-of-way for banners are distinct from those aforesaid regulatory fees; and WHEREAS, Chapter 54 of the City Code establishes certain requirements for indemnification and insurance in connection with the issuance of certain permits related to the use of and work in the public right-of-way; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. City of Miami File ID: 7849 (Revision:) Printed On: 212512021 Section 2. Chapter 54 of the City Code is further amended in the following particulars:' "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE I. — IN GENERAL Sec. 54-8. - Using street or sidewalk for display purposes, exceptions; permit and fee. It shall be unlawful to use any portion of a street, public right-of-way, or sidewalk in the city for display purposes, except as approved by the city commission or as hereinafter provided. DisDlays/banners shall not contain anv commercial advertisement. (b) Overhead horizontal banners at locations designated by the city will require a permit from the department of resilience and public works before installation. The application for permit shall be submitted OR WFitiRg electronically by the applicant to the department of resilience and public works through the department's permitting system Gr, a form provided by re RGe and p bli`+ werLc A non-refundable application fee in the amount of $92-00-$105.00 per banner; and an +n+t+a' inspection fee of $10.00-$50.00 per banner, shall accompany the application. Additionally, a permit fee of $100.00 per month applies to each banner for the use of the right-of-way. A supplemental banner fee and a limited display duration period shall apply for overhead horizontal banner locations within the Coconut Grove Special Events District pursuant to section 54-343. The number, location, and method of installations for overhead horizontal banners shall be subject to approval by the Department of Resilience and Public Works and shall conform to the following requirements: The banner shall not exceed three (3) feet in height and thirty (30) feet in length. The banner must be a minimum of 18 feet above the pavement elevation at the crown of road. The banner shall contain adequate perforations to reduce wind loading. Sponsors' names and/or logos may not constitute more than 15 percent of the banner's total area. The City of Miami reserves the right to remove the banner without notice. The installation of the banner shall not require the installation of poles or other support devices in the right-of-way. (c) Vertical event banners on streetlight poles within City public right-of-ways require a permit from the Department of Resilience and Public Works before installation. The application for a permit shall be submitted electronically by the applicant to the Department of Resilience and Public Works through the department's permitting system. A non-refundable application fee of $95.00 per banner shall accompany the application. Additionally, a permit fee of $20.00 per pole per month applies to each banner for the use of the right-of-way. The number, location, and method of installations for vertical event banners shall be subject to approval by the Department of Resilience and Public Works and shall conform to the following requirements: ' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanaed material. City of Miami File ID: 7849 (Revision:) Printed On: 212512021 1) Restricted to beina related to events of limited duration. (2) Shall not exceed three (3) feet in width by eight (8) feet in length; shall have a minimum height clearance of 10 feet above the pavement elevation; and shall be suspended lengthwise from a streetlight pole and attached to such pole at each end. Banners may be double -sided. (3) Shall clear the face of curb by a minimum of two (2) feet. (4) Shall not contain product logos unless associated with the sponsorship of the event. The sponsors' names and or logo shall not exceed 10 percent of the total banner area. (5) May be erected up to 60 days prior to the event and shall be removed no later than seven (7) days after such event. (6) Applications shall include the name and date(s) of the event; a drawing identifying the streetlight pole to be used for displaying the banner; and a letter of permission from the owner(s) of the streetlight pole if other than the City. (7) Prior to the issuance of the permit, the permittee shall provide the Department a refundable security deposit, bond, or other surety as determined by the Director of Resilience and Public Works to guarantee the removal of the vertical streetlight pole event banner within the permitted timeframe, in case of advanced deterioration, or for any other legal reason. Said refundable security deposit, bond, or other surety amount shall be determined as follows: TOTAL BANNERS PROPOSED TOTAL REFUNDABLE SECRUITY DEPOSIT, BOND OR OTHER SURETY 1-10 $1000.00 11-20 $10,000.00 21-30 $15,000.00 Lg�{c} Construction fence screens or construction windscreens containing onsite advertising may be affixed to a permitted temporary construction fence located in the right-of-way or abutting the right-of-way pursuant to the regulations and fees in section 54-3. (e) Applicant agrees in exchange for such permit(s) to indemnify, defend, and hold harmless the City, its officials, employees, agents, and, if applicable, its instrumentalities, and each of them from and against all loss, cost, penalties, fines damages, claims of any nature, including expenses and attorney's fees, and any and all liabilities by reason of injury to or death of any person, or damage to, destruction, or loss to any property including the City, its instrumentalities, officials, employees, and agents arising out of or in connection with the performance or non-performance of the activities contemplated by the permit(s) which is directly or indirectly caused, in whole or in part, by any act, omission, default, liability, or negligence whether active or passive of the applicant, its employees, agents, servants, or contractors, unless such act or omission is solely caused by the City, its instrumentalities, officials, employees, and agents. The applicant further agrees to indemnify, defend, and hold harmless the City, its instrumentalities, officials, employees and agents against all liabilities which may be asserted by an employee or former employee of the applicant or any of its contractors as provided above, for which the aaDlicant's liabilitv to such emDlovee or former emDlovee would City of Miami File ID: 7849 (Revision:) Printed On: 212512021 otherwise be limited to payments under workers' compensation or similar laws. In addition, the applicant understands and agrees that except where caused by the negligence or misconduct of the City, its instrumentalities, officials, employees, or agents, the City shall not be liable for any loss, injury, or damage to any personal property or equipment of the applicant, its employees, agents, contractors, or business licensees or invitees placed on City property and its instrumentalities, and shall be at the sole risk of the applicant thereof. The applicant shall be solely responsible for all activities and the installation and maintenance of traffic -control devices. The applicant shall ensure that adequate safety precautions are in effect at all times during the term of the permit. It shall be a further condition precedent to the issuance of any such permit for work to be performed in the public right-of-way that the permit holder(s) is/are jointly and severally responsible, at each permit holder's sole expense, for any damages regarding restoring the public right-of-way to its original condition before installation of facilities. The indemnification shall survive termination of the permit(s). Prior to the issuance of any such permit, the Applicant shall submit to the City a certificate of insurance in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 aggregate, and any endorsements thereto, including, but not limited to, premises and operations liability, contingent and contractual exposures, and underground hazards, if applicable, personal and advertising injury, products, and completed operations. In addition, the Applicant hereby agrees to provide additional insurance requirements as required by the City, including but not limited to umbrella liability or any additional requirements or endorsements as may be applicable, in connection with the scope of services contemplated by the permit. The certificate must reflect primary and noncontributory language and list the City as an additional insured. The certificate must also include coverage for all owned, hired, and non -owned vehicles with a combined single limit of $ $500,000.00 per accident also listing the City as an additional insured and must further afford coverage for worker's compensation including waiver of subrogation subject to the statutory limits of the State of Florida. The insurance herein required shall remain in full force and effect during the entire term of the permit. Additionally, all such insurance shall be subject to review and approval by the City's Risk Management Department. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "A-" as to management and no less than Class "V" as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent subject to the approval of the City's Department of Risk Management. Companies not meeting the above rating requirements shall submit proof of reinsurance from qualifying insurers having or exceeding the required rating criteria. Certificates of insurance shall contain (30) days as to changes or modifications with notice to the certificate holder. City of Miami File ID: 7849 (Revision:) Printed On: 212512021 Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i t6ria i ndez, Cify Attor iey 12/24/2020 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. City of Miami File ID: 7849 (Revision:) Printed On: 212512021