HomeMy WebLinkAboutR-01-0449J-01-171
5/10/01
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RESOLUTION NO. 01— 449
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER,
WITH THE ASSISTANCE OF THE DEPARTMENT OF PUBLIC
WORKS, TO INITIATE, ADMINISTER AND EVALUATE A
ONE YEAR PILOT PROGRAM, LIMITED TO THE DOWNTOWN
DISTRICT, THE LATIN QUARTER DISTRICT AND THE
AREAS OF SOUTHEAST OVERTOWN PARK WEST AND
LITTLE HAITI BOUNDED BY NORTHWEST 54TH STREET
AND SECOND AVENUE, FOR STANDARDIZED MODULAR PAY
TELEPHONE ENCLOSURES ON PUBLIC RIGHTS-OF-WAY
WHICH PERMIT TWO SINGLE ADVERTISING PANELS
LOCATED ON OPPOSITE SIDES OF THE ENCLOSURES,
CONSISTENT WITH THE REQUIREMENTS OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND
OTHER PERTINENT CITY RULES, REGULATIONS AND
POLICIES; FURTHER ACCEPTING A LETTER DATED
FEBRUARY 19, 2003., FROM FIRST AMERICAN
TELECOMMUNICATION CORPORATION, ATTACHED AS
"EXHIBIT A", IN WHICH THE CORPORATION AGREES TO
PAY THE CITY FIFTEEN PERCENT OF ADVERTISING
REVENUES IN EXCHANGE FOR THE PRIVILEGE OF
PARTICIPATING IN THE PILOT PROGRAM; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR SAID PURPOSE.
WHEREAS, Sections 54-411 through 54-428 of the Code of the
City of Miami, Florida, as amended, provides uniform procedures
for the grant of permits for the erection, construction,
reconstruction, installation, operation, maintenance,
dismantling, testing, repair and use of pay telephones in the
City's public rights-of-way, to ensure conformance with the
~CITY COMMISSION
MI;ET'l'TG OF
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policies and procedures of the Florida Public Service
Commission (PSC), the revocation of pay telephone permits for
nonconformance of regulations and uniform compensation for the
cost of enforcement and administration of regulations; and
WHEREAS, as a component of an overall effort to promote the
revitalization and redevelopment of the City and to encourage the
reduction of visual blight, the City wishes to conduct a one year
pilot program to improve and standardize the appearance of pay
telephone enclosures on the public rights -of` -way, in such a way
that these enclosures contribute to and do not unreasonably
detract from the appearance of the overall aesthetics of the
surrounding area; and
WHEREAS, the City Commission has identified the Downtown
District, the Latin Quarter District and the areas of Southeast
Overtown Park West and Little Haiti bounded by Northwest 59`h
Street and Second Avenue as the most suitable target areas for
the location of this pilot program; and
WHEREAS, the City recognizes that limited advertising may be
necessary to offset the increased costs of the new standardized
pay telephone enclosures and that solely for the purposes of this
one year pilot program, advertising consii3ting of two single
advertising panels located on opposite sides of the new
standardized enclosures shall be permitted as provided for
herein; and
Page 2 of 5 o i— 449
IZiIIZib'b'll
WHEREAS, First American Telecommunication Corporation (the
"Corporation") has noticed the City of its desire to participate
in the pilot program for pay telephone locations that have been
properly permitted within the target areas in accordance with the
Code of the City of Miami, Florida, as amended, and other
pertinent City rules, regulations and policies; and
WHEREAS, the Corporation has voluntarily agreed to limit the
type of advertisements to be placed on the pay telephone
enclosures as shown on the letter from the Corporation to the
City dated February 19, 2001, attached as "Exhibit A"; and
WHEREAS, the Corporation has also agreed to pay the City
fifteen percent of its pay telephone advertising revenues for the
privilege of participating in the pilot program as specified in
attached "Exhibit All; and
WHEREAS, the City has determined, and the Corporation has
agreed, that the color of the entire nc:w standardized pay
telephone enclosures, including mounting hardware shall be
consistent with the color approved for Newsracks on the public
rights-of-way; and
WHEREAS, at the conclusion of this pilot program, the City
may consider the resulting recommendations for possible
amendments to Chapter 54, Article XI, of the code of the City of
Miami, Florida as amended, entitled "Streeta and Sidewalks, Use
of the Public Rights -of -Way for Installation of Pay Telephones";
Page 3 of 5 01, 449"
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager, with the assistance of the
Department of Public Works, is authorized to initiate, administer
and evaluate a one year pilot program, limited to the Downtown
District, the Latin Quarter District and the areas of Southeast
Overtown Park West and Little Haiti. bounded by Northwest 54th
Street and Second Avenue, including appropriate standards, for
the implementation of standardized modular pay telephone
enclosures which permit two advertising panels located on
opposite sides of the enclosures consistent with the provisions
of the Code of the City of Miami, Florida, as amended, and other
pertinent City rules, regulations and policies.
Section 3. A letter dated February 19, 2001, from First
American Telecommunication Corporation, attached as "Exhibit A",
in which the Corporation agrees to pay the City fifteen percent
of advertising revenues in exchange for the privilege of
participating in the pilot program is accepted.
Page 4 of 5 o i— 449
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Section 4. The City Manager is authorizedil to execute
any necessary documents, in a form acceptable to the City
Attorney, for said purpose.
Section 5. This Resolution shall become effective
immediately upon its adoption and signature of the MayoOl
PASSED AND ADOPTED this 10th day of Maw , 2001.
JOE CAROLLO, MAYOR
In eoromirm with Miami Code Sec. 2.36, since the Mayor did not Indicate approval of
this +,halation by signing it in the designated pla provided, said legisiclir
ATTEST: 'bi'1 ns Effective with thn - rpsn of ten (1 Q) ys m the d• ommissi
jvr;,v ]ing same, without the Mayor uxercis o.
WALTER J. FOEMAN altar J. n, y Clerk
CITY CLERK
APPROVgI'�;7Tg/FORM ANDCORRECTNESS
ATTORNEY
W5103:YMT:BSS
'-/ The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
7i If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
Page 5 of 5
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01- 449
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February 14, 2001
SENT CERTIFIED MAR. 7000 0520 0017 9142 3106
City of Miami
Attn: Mr. Carlos A. Gimenez, Citv Manager
444 SW 2' Avenue 10' Floor
Miami, !•) 33130
Rc: AdyertisinQ PaY Telobgw Kiosk
Dear Mr. Ginicnez:
I am writing to on behalf of First American Telecommunication Corporation regarding our
meeting with the City on 2/13/01. As you are aware, First American has permitted and
installed Public Telephone Advertising Sign Kiosks in The City of Miami. The advertising
1tUtariaYs4vfte that is currently placed on the kiosk's are from "national" c nWarties covering
clothing dt accessories to fittartcial organizations, etc. Pursuant to our discussions with your
stag First American has agreed to limit the advertising as follows:
a) Only national or local (Miami) companies will be displayed on the enebsures.
b) First American will not advertise events outside of Miami and its surrounding arras.
c) First Aumriean will not advertise Tobacco or Liquor on the enclosure;.
d) First American will work with the City to control content if nwvie advertisements are
placed on the enclosure.
e) First American will allow the City to post events. public service messages, etc. at a
designated area inside the axwWurc. 1 i
In addition, First Ameri= will compensate the City at a conunission of%N*. of thi advertising
revenue above and beyond all fees stipulated in the Ordinance regulating pay telephones on the
City right of way.
If you have aay questions or concerns, please feel free to contact me at the above address,
phone or a -wail.
5incorely,
Gotstt I7ragoslawc
Preslde at
cc: John Jackson, P.E., Director, Public Works, City of Miami
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01- 449
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INTER -OFFICE NIEMORANDUb1
The Honorable Mayor and - APR 1 - -
Members of the City Commission
Pay Telephone
Pilot Program
1� 114'V
Carlos A. Gimenez
City Manager
RECOMMENDATION.
It is respectfully recommended that the City Commission adopt the attached resolution
authorizing the Director of the Department of Public Works to initiate. administer and
evaluate a one year pilot program, including appropriate standards, for the
implementation of standardized modular pay telephone enclosures which permit two
advertising panels located on opposite sides of the enclosure consistent with the terms of
this resolution, the Code of the City of Miami, Florida, as amended, and other pertinent
City rules, regulations and policies, limited to the Downtown and Latin Quarter Districts
and ending on March 31, 2002.
BACKGROUND:
The City Commission approved Ordinance No. 11937, adopted June 29, 2000, to provide
for uniform procedures relating to the granting of permits for the construction,
installation, operation and maintenance of pay telephones in the City's Public Rights -of -
Way, to ensure conformance with the policies and procedures of the Florida Public
Service Commission (PSC) as it relates to pay telephones, to provide for the revocation of
pay telephone permits for nonconformance with the ordinance, and to provide for uniform
compensation for the cost of regulation and administration of the ordinance. As a
component of an overall effort to promote the revitalization and redevelopment of the
City and to encourage the reduction of visual blight, the City has identified a need to
conduct a one year pilot program to improve and standardize the appearance of pay
telephone enclosures on the public rights-of-way, in such a way that these enclosures
contribute to and do not unreasonably detract from the appearance of the overall
aesthetics of the surrounding area. The Downtown and the Latin Quarter Districts have
been identified as the most suitable target areas for the location of this pilot program.
Limited advertising may be necessary to offset the increased cost of the new standardized
pay telephone enclosures and that solely for the purposes of this one year pilot program,
this advertising would consist of two single advertising panels located on opposite sides
of the new standardized enclosure: "
01- 449
First American Telecommunication Corporation has informed the City of their desire to
participate in this pilot program for pay telephone locations that have been properly
permitted within the target areas in accordance with this Resolution, the Code of the City
of Miami, Florida, as amended, and other pertinent City rules, regulations and policies.
Additionally, the Corporation has voluntarily agreed to limit the type of advertisements to
be placed on the pay telephone enclosures as stated in a letter from the Corporation to the
City dated February 19, 2001, has agreed to pay the City fifteen percent (150/0) of their
pay telephone advertising revenues for the privilege of participating in the pilot program,
and has agreed that the color of the entire new standardized pay telephone enclosure,
including mounting hardware, shall be consistent with the color approved for Newsracks
on the public rights-of-way.
At the conclusion of this pilot program, the City may consider the resulting
recommendations for possible revision of Chapter 54, Article XI, of the Code of the City
of Miami, Florida as amended, entitled "Streets and Sidewalks, Use of the Public Rights -
of -Way for Installation of Pay Telephones".
; 01- 40
SEMORAw-