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Home My WebLink AboutO-12178J-01-1048 12/13/01 ORDINANCE NO. 12178 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54, ARTICLES I AND III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS", "IN GENERAL", AND "BUS BENCHES", TO PROVIDE FOR LOCATION OF BUS BENCHES ON PUBLIC RIGHTS- OF-WAY AND TO DELETE SUPERFLUOUS LANGUAGE; MORE PARTICULARLY BY AMENDING SECTIONS 54-8, 54-90, 54-91, AND 54-93 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 54, Article I and III of the Code of the City of Miami, Florida, as amended, is further amended in the following particulars:l/ "CHAPTER 54 STREETS AND SIDEWALKS 1� 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 unchanged material. 12178 ARTICLE I. IN GENERAL Sec. 54-8. Using street or sidewalk for advertising air display purposes, exceptions; permit and fee. a) It shall be unlawful to use any portion of a street, any pertien ef the public right-of-way, or sidewalk in the city for aeWertislag---- display purposes, with the fellewing emeeptiens if except as approved by the city commissions_ Displays approved by the city commission shall be no larger than sixteen square feet, and no portion of any display or attachment thereto may be more than eighty-four inches from the qround. y., bT�1�e-r�eements .�'ltbseetiens require prier- shall appi-reant fee in (a) --a permit te instilati-en. be in the—€erm to the-direeber the-afneunt 17 1 €remote ef and $89.9 er—�p-laysy, 2) as -department The epplieatien of a written of publie-weL-ks � ee,��oFeredy deeeribett—t bene—dil ef--publie-werks Fera -request . A pree advertisefRet ; 1 —permit by ig display, banner, request. returned-te si:gnt Fifty tire-applieant pereente •, shall aeeempany -the p-eees if the the s i ng fee epplieatien written will be is denied e bypublie werkT ARTICLE III. BUS BENCHES Sec. 54-90. Agreement _ egiA ed . Location and placement in public rights of way. Page 2 of 6 12178 Page 3 of 6 12178 .. .. . ---- MLI-- -- - - - - -- -WE Page 3 of 6 12178 Buten 4. Te—GGMP NY agrees that a t � �e__}_s_ messages will enly be-earried en bBus benches and/or bus shelters located on public rights-of-way or public easements abutting property zoned R-1 Single -Family Residential, or R-2 Two -Family Residential, or alonq scenic transportation corridors other than Coral Way, shall not be used for display purposes. ^�,-G arterials abutting preperty zened—residentzalemeept R n T n and n er��$ zareas; zL. emreve r ; _ ac i leeeatiensshall net inelud= CITY publie-preperty er pre used by y rc hTTV fe l ie e'ise'9 . Ne -'•a�'ert: ",g --shall be allowed—enbum/u+b'enehe9 and/er betas meters —leered en any street er sidewalk area when sueh street er sidewalk. area abuts any prepeL-ty ewned- Page 4 of 6 12178 IN Page 4 of 6 12178 Sec. 54-91. Location. No bench shall be placed so that the angle of its long dimension, in relation to the curbline, shall be greater than 30 degrees. Ne bench shall be glace ele s eL= than1:8i n ekes t e, either —t go inehes frees—the--tae e—e f the—eurb, anl e s s the ager empress1y euherizes a deviatien f -em fie sidewalk -shall eave at least feet= of elea ranee few —pedestrian-traffie. Placement of benches shall comply with all Federal, State and local requirements, including the Americans with Disabilities Act No shelter shall be placed so that the angle of its long dimension, in relation to the curbing, shall be greater than three degrees. Sec. 54-93. Size. Ne heeh shalom- befnere— thaw- inehes high,,—er fnere—than twe feet siiE- nehes wider er mere than seyei4 fe=t'_e„g. No shelter shall be more than 96 inches high, or more than 60 inches wide, or more than 13 feet long, unless the city manager expressly authorizes a deviation from these requirements. Section 2. All ordinances or parts of ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Page 5 of 6 12 17� Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof Y PASSED ON FIRST READING BY TITLE ONLY this 13th day of December , 2001. PASSED AND ADOPTED ON SECOND READING BY TITLE ONLY this 10th day of January , 2002. ATTEST: #-7*WAaER J. FOE -MAN CITY CLERK CORRECTNESS:V NDRO VIL ATTORNEY W1180:GMM:dd:BSS EL A. DIAZ, 2/ This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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 or upon the effective date stated herein, whichever is later. Page 6 of 6 12178 SECOND READING ORDINANCE TO: The Honorable Manuel A. Diaz, Mayor and DATE: Commissioners SUBJECT: FROM: / rCarlos A. Gimenez REFERENCES l City Manager ENCLOSURES: RECOMMENDATION: 33 DEC a 7 2001 Second Reading Ordinance — Modification To the City Code dealing With Bus Benches FILE : It is respectfully recommended that the City Commission adopt the attached Ordinance, via a second reading, amending Sections 54-5, 54-90, 54-91, and 54-93 of the Code of the City of Miami pertaining to streets, sidewalks, and bus benches to provide for bus benches in public rights-of-way and to eliminate superfluous language. BACKGROUND: The current code prohibits displays on bus benches in the public right-of-way and contains superfluous language. As the City desires to continue to make bus benches available for use by the general public, the code should be amended to provide for such use of the right-of-way. Additionally, Sections 54-90, 54-91, and 54-93 are being revised to eliminate unnecessary language and specify bench placement. All CAG/FKR/ds 1217 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI PROPOSED ORDINANCE 1/10/02 "STREETS AND SIDEWALKS" in the............XXXXX...................... Court, was published in said newspaper in the issues of Dec 31, 2001 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, F rida, for a period of one year next preceding the first p rc tion of the attached copy of advertisement; and affian furl er says that she has neither paid nor promised any erso , firm or corporation any discount, rebate, com- mission p refund for#he purpose of securing this advertise- jenf.,publ,r-atio the said newspa er. ,fL,.�... rn to and subscribed;bZ:rmis 3= December 0 01 'dla y . (SEAL) (>WFIC;IAL NOTARY SEAL Sookie Williams perso paraN� LLERENA A1CT C SPATE OF FLORIDA COMMISSION NO. CC 91295.4 MY COMMISSION EXP. TUNE 232004 CITY OF MIAMI, FLORIDA NOTICE OF PROPOSED ORDINANCE Notice is hereby given that the City Commission of the City of Miami, Florida, will consider the following ordinances on second and final reading on January 10, 2002 commencing at 9:00 a.m., in the City Commission Chambers, 3500 Pan American Drive, Miami, Florida: ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING A NEW SPECIAL REVENUE FUND ENTITLED 'MIAMI-DADE COUNTY EMS GRANT AWARD (FY'2001-02)", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $108,375.96, CONSISTING OF A �RANT FROM MIAMI-DADE COUNTY; AUTHORIZING THE �-CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM AC- CEFTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILI- TY CLAUSE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING A NEW SPECIAL REVENUE FUND ENTITLED "EXTENSIVE RESEARCH FEE," PROJECT AND APPROPRI- ATING FUNDS IN THE AMOUNT OF $5,000 CONSISTING OF MONIES PAID IN ADVANCE FOR RESEARCH AND DUPLI- CATING COSTS WHENEVER AND EXTRAORDINARY TIME CONSTRAINT IS DESIGNATED BY PERSON(S) REQUEST- ING COPIES OF RESEARCH OR PUBLIC RECORDS; CON- TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 2, ARTICLE III, DIVISION 4 OF CODE OF THE CITY OF MIAMI, AS AMENDED, ENTITLED "ADMINISTRATION/CITY CLERK," RESPECTIVELY, TO ES- TABLISH A FEE TO BE CHARGED IN CONNECTION WITH PURCHASE OF COMPACT DISC VOICE RECORDINGS FROM CITY COMMISSION PROCEEDINGS, IN ACCOR- DANCE WITH SECTION 119.07 FLORIDA STATUTES; MORE PARTICULARLY BY AMENDING SECTION 2-142(c) OF SAID CODE; CONTAINING A REPEALER PROVISION, AEVERA- BILITY AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING A NEW SPECIAL REVENUE FUND ENTITLED "FTR GOLD MULTI -CHANNEL DIGITAL RECORDING SYSTEM" AND APPROPRIATING FUNDS IN THE AMOUNT OF $5,000 FOR COMPACT DISC SALES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMIS- SIONS, TO ESTABLISH THE HOMELAND DEFENSE/ NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVER- SIGHT BOARD AND PROVIDE FOR THE "SUNSET" OF SAID BOARD; TO SET FORTH SAID BOARD'S PURPOSE, POW- ERS, AND DUTIES; TO PROVIDE FOR MEMBERSHIP, QUALI- FICATIONS, TERMS OF OFFICE, VACANCIES, OFFICERS, PARLIAMENTARY PROCEDURES AND RULES OF PROCE- DURE, MEETINGS, QUORUM, VOTING, ATTENDANCE RE- QUIREMENTS, ASSIGNMENT OF STAFF COUNSEL, NOTIC- ES AND FILING OF RECORDS AND ANNUAL REPORTS; MORE PARTICULARLY BY ADDING NEW DIVISION 15, CON- SISTING OF SECTIONS 2-1200 THROUGH 2-1206, AND AMENDING SECTION 2-892 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. LN ANCE N . AN ORDINANCE OF THE MIA I iTY COMMISSION AMEND- ING CHAPTER 54, ARTICLES I AND III, OF THE CODE OF THE C!TY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS", "IN GENERAL", AND "BUS BENCHES", TO PROVIDE FOR LOCATION OF BUS BENCH- ES ON PUBLIC RIGHTS-OF-WAY AND TO DELETE SUPER- FLUOUS LANGUAGE; MORE PARTICULARLY BY AMEND- ING SECTIONS 54-8, 54-90, 54-91, AND 54-93 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEV- ERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Said proposed ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Flori- da, Monday through Friday, excluding holidays, between the hours of 8 a.m. and 5 p.m. All interested persons may appear at the meeting and may be heard with respect to the proposed ordinance. Should any person desire lo ap- peal any decision of the City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatirr� record of the proceedings is made including all testimony and evidence upon which any appeal may be based., NO ' WALTER J. FOEMAN '"LOAe 96"TES �' CITY CLERK OHO fCgfL�Q�� (#)0430) For further information please contact Anna Rojas at (305)250-5366 f� 12/31 01 -d -29/224229M