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HomeMy WebLinkAboutO-10044q{ � 3l' 1a. S 5/12/85 ORDINANCE NO.r .; AN ORDINANCE REGULATING THE PLACEMENT OF NEWSRACKS IN PUBLIC RIOHTS-OF=-WAY IN THE CITY OF MIAMI, AND IMPOSING SAFETY AND AESTHETIC RESTRICTIONS RELATED THERETO; PROVIDING A STATEMENT OF PURPOSE; PROVtDING THAT SAID ORDINANCE SHALL BECOME EFFECTIVE UPON ADOPTION WITH THE PROVISIONS THEREOF BEING OPERATIVE UPON ALL SUCH EXISTING AND FUTURE NEWSRACKS•, ESTABLISHING DEFINITIONS; ESTABLISHING STANDARDS FOR OPERATIONt .PLACEMENT AND INSTALLATION OF NEWSRACKS; PROVIDING POR REMOVAL OF NEWSRACKS; ESTABLISHING PROCEDURES FOR HEARINGS ON VIOLATIONS; REQUIRING A PERMIT AND PAYMENT OF A PERMIT FEE; REQUIRING INSURANCE AND INDEMNIFICATION; PROVIDING FOR SEVERARILITY; INCLUSION IN THE CODE OF THE CITY OF MIAMI, FLORIDA; AND, UPON ADOPTION OF THIS ORDINANCE, INSTRUCTING THE CITY MANAGER TO SEND A COPY OF THIS ORDINANCE, TO THE DISTRIBUTOR OF EACH NEWSPAPER, MAGAZINE OR OTHER NEWS PERIODICAL PLACED IN NEWSRACKS WITHIN THE CITY. WHEREAS, the City Commission recognizes the benefit to society resulting from an energetic and free press; and WHEREAS, the City Commission also recognizes that it has the responsibility to safeguard and protect members of the public who use the public rights -of -way, including the aged, the infirm, and the handicapped citizens of the City; and WHEREAS, the City Commission has taken steps to achieve a fair and reasonable balance between traffic, pedestrian safety and aesthetic interests, on the one hand, and the press media's interest in uninhibited circulation of newspapers on the other hand; and WHEREAS, the City Commission has determined that this ordinance will cause no undue harm to the press and will result in safe journey for the pedestrian public, and will improve the appearance of the City; section 1'i The City Cotithission of the City of Miami hereby finds and declares: ai The uncontrolled placement of newsracks in the public rights -of -way threatens the City's aesthetic values and presents an inconvenience and danger to the safety and welfare of persons using such rights -of -way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services. b. Newsracks so located as to cause an inconvenience or danger to persons using public rights -of -way, and unsightly newsracks located therein, constitute a public nuisance. C. The general welfare requires that the aesthetics of public rights -of -way, including the appearance of newsracks on public rights of way, be improved. d. The provisions and prohibitions contained in this ordinance are for the purpose of securing and promoting the public safety and general welfare of persons in the City of Miami in their use of public rights -of -way. e. It is a matter of public necessity that the City protect citizens and others on its public streets, sidewalks, and other public rights -of -Way from improperly maintained and placed neswsracks. e. The Florida law governing municipal immunity from suit for damages or injuries to persons using public facilities such as streets and sidewal% s is currently unsettled# and 'O A 41 Ld therefore it is necessary to impose insurance and indemnification requirements on persons placing newsrack s on public rightsjof-way. Section 2. Def inition s. Whenever the following words and phrases are used in this ordinance they shall have the meaning ascribed to them in this section: a. 'Distributor" shall mean the person, individual, partnership, corporation, association, firm, company, organization, or any other legal entity owning or responsible for placing and maintaining a newsrack in a public right-of-way. b. "Newsrack" shall mean any self-service or coin -operated box, container, storage unity, or other dispenser installed, used or maintained for the display, sale or distribution of publications. C. "Parkway" shall mean the area between the sidewalk and the curb of a roadway and, where there is no sidewalk, that area between the edge of the travelled roadway and the edge of a public right- of-way. "Parkway" also includes any area within a roadway that is not open to vehicular travel but does not include the area within a roadway that is designated and ordinarily used for vehicular parking. d. "Public right-of-way" shall mean any place of any nature which is dedicated to use by the public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidowalkt cturb# quttert, drossinq, interseCtion, parkway # highway # alley, lane# mall court, way# avenue, boulevard, road, roadway, viaduct, bridge, thoroughfare# park# square, and any other similar public use. e. "Roadway" shall mean that part of a public right-of-way that is designated and used primarily for vehicular traffic. f. "Sidewalk" shall mean that part of a public right-of-way that is designated and ordinarily used for pedestrian travel. Section 3. Permits. a. After the effective date of this ordinance no newsrack shall be placed, maintained or operated on any public right-of-way unless a permit has been issued therefor. b. To obtain a permit, the distributor shall file an application with the City of Miami Department of Public Works, on a form to be provided by the City, stating the name and address of the distributor and/or owner of the newsrack, describing the particular location or site where the newsrack is to. be placed, maintained or operated, identifying when possible the particular newsrack by Serial number or Other appropriate means, and certifying that the newsrack and its site or location satisfies and conforms to the provisions of this ordinance. cUpon submission of the application, the Director of the Department of public Works or designee thereof shall review the same and may investigate the site and location of the newsrack, and shall thereafter promptly issue a permit to the applicant unless it clearly appears from the application or the City`s investigation thereof that the newsrack or its location or site violates the provision of this ordinance. Before a permit is denied by the City, the City manager or designee thereof shall review the decision of the Director of the Department of Public Works and if the City Manager or designee finds that the requested installation or placement of the subject newsrack will not result in danger to the public said City Manager or designee may override that decision, directing that the application be granted and that the permit be issued. In the event that a permit is denied by the City, a letter or other written statement shall promptly be given to the applicant specifying the reasons for the denial. d. Any applicant who has been denied a permit may appeal to the City Commission by filing a written request with the City Clerk who shall distribute a copy of said writing to each City Commission and to the City Manager. The City Manager shall place the appeal on the agenda of a City Commission meeting scheduled to take place within thirty (30) days from the date of filing and shall forward a copy of all material pertaining to the application to each City Commissioner, the City Clark and 1 the City Attorney, New information and material may be received and considered by the City Commission where such information and material are pertinent to the determination of the appeal and the City Commission shall have the authority to override the decision of the bisector of the. Department of Public Works if the City Commission finds that the requested installation of the subject newsrack will not result in danger to the public. If the City Commission so determines, it shall direct that the application be granted and the permit be issued. Any applicant denied a permit and whose appeal to the City Commission has been unsuccessful shall be entitled to recourse in the Circuit Court as authorized by law. e. An annual permit fee of $7.16 shall be required for each permit issued under this ordinance to defray the cost of administering and enforcing the provisions thereof. The period covered by the initial permit shall expire December 31, 1986. There shall be no fee charged during the period of the permit for a change in location or replacement of any newsrack for which the permit fee has been paid. Forms requesting a change in location or replacement of any newsrack shall be furnished to the permit holder by the City. Such requested change or replacement shall be approved by the City so long as said approval will not result in a violation of this ordinance, 1 Section 4. for lacerttc_ttf_ of t eyt It After the effective date of this ordinance, all newsracks, erected, placed, maintained or operated within a public right-of- way in the City of Miami shall conform to the following standardst a. No newsrack shall be on any public right-of-way without a permit having been issued therefor. b. No newsrack shall be placed or located on a roadway. c. No newsrack shall be located closer than 30 inches to a roadway. d. No newsrack shall be permitted to rest upon, in or over any sidewalk, except when no parkway area in the immediate vicinity of the proposed location is available for such placement. e. No more than three newsracks may be joined, attached or chained together and space of not less than 50 inches shall separate each group of two or more newsracks which are joined, attached or chained together. Further, no such newsrack shall be bolted or otherwise attached to a City sidewalk. f. No newsrack shall be placed at any site or location when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally marked or stopped vehicle, or any residence or place of business, or access to utility poles, posts, traffic signs or signals, hydrants, mailboxes, or other such facilities, g. No newsracks shall be used to advertise or publici2e anything other than the periodical offered for sale therein. h. Application of visibility triangles shall be as follows: (1) At street intersections, visibility triangles shall be maintained to include an area bounded by the first twenty-five (25) feet along the intersecting edges of the right-of-way, projected where rounded, and a line running across the lot in connecting the ends of such twenty-five (25) foot lines. (2) At intersections of driveways with streets, such visibility triangles shall be maintained to include an area bounded by the f irst ten (10 ) feet along the intersecting area of the base building line and the driveway, projected where rounded, and a line running across any intervening right-of-way and the lot and connecting the end of such ten (10) Lines. i. Any distributor seeking a permit who wishes to place a newsrack at a site or location violating the provisions of subsections (b) through (f) of this Section or whose newsrack does not comply with Section 7 hereof, may submit i along with the permit application a document disclosing the violation showing why a permit should nevertheless be issued, by demonstrating to the 0 0 4.4 1 Director of the beparttent of Public Works: (1) why the particular characteristics or placement of the newsrack would not result in danger to the public; and (2) that no adjacent site or location is available which is both satisfactory to the distributor and fully complies With the provisions of subsections (b) through (f) of this Section. In the event an applicant demonstrates that the requested installation clearly will not endanger the safety of the public and that no adjacent or nearby site exists which would be satisfactory to the distributor and which would comply with subsections (b) through (f) of this Section, then a permit shall be issued noting the violation allowed and the specific reasons therefor. Section 5. Removal During Hurricane. All newsracks shall be removed by the distributor from the public rights -of -way upon the issuance of a hurricane warning or watch bulletin for an area encompassing the City of Miami by the National Hurricane Center, a unit of National Weather Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce. Section 5. Abandoned Newsracks. No newsracks shall remain empty for a period of 15 consecutive days. In the event a newsrack remains empty for that period, it shall be deemed abandoned, and may be removed in accordance with the provisions of this ordinance. For purposes of this sections the word "empty" means: (1) a newsrack without any contents-, or ( 2 ) a neWsradk with Contents wn icn sear a ciaue 15 days prior to the date of inspection. Section 7. -standards.xRfr�� _Maintenance and . nstallAt gn., Each newsrack installed, used or maintained in a public right-of-way within the City of Miami shall conform to the following standards: a. Dimensions: Each newsrack shall be no more than 4 feet 1 inch in height, 36 inches in width or 2 feet in depth. b . babel: Each newsrack shall have affixed to it in a visible place a sticker identifying the name, address and telephone number of the distributor for purposes of securing refunds, reporting malfunctions, or to give notice as provided by this ordinance. C. Weight: No Newsrack , or group of attached newsracks allowed under this ordinance shall weigh, in the aggregate, less than 100 pounds when empty. d. Condition: Each newsrack shall be serviced and maintained so that: (1) It is reasonably free of dirt and grease. (2) It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof, (3) It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon. (4) The clear plastic or glass parts thereof,, if any r through which the publications therein are viewed are unbroken and reasonably free of cracks, denta, bletishos and discoloration. (5) The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading: (6) The structural parts thereof are not broken or unduly misshapen. Section 8. Insurance; Indemnification. a. Before issuance of any permit hereunder and before placement of any newsrack on a public right-of-way, the distributor shall secure and, during all periods of time during which the newsrack shall be maintained upon the public right-of- way, shall maintain in force, in companies satisfactory to the City, the following types and amounts of insurance, all such insurance policies to be issued by insurance companies duly authorized to do business in the State of Florida. (i) Public liability and property damage insurance covering claims for damages for bodily injury, including accidental death, as well as claims for property damage, the liability insurance to be in an amount not less than one hundred thousand dollars ($100,000) for injuries, including accidental death, to any one person, and subject to the same limitation for each person, in an amount not less than three hundred thousand dollars ($300,000) for any one accident, and property damage insurance ($10#000) for any one accident And in an aggregate amount not less than twenty-five thousand ($25,000). (ii) An owner's protective public liability and property damage policy of like amounts as specified in paragraph A of this Section, to protect the City against claims for damages for bodily injury, including accidental death, as well as claims for property damage. (iii) All of the aforesaid insurance policies are to be issued as required by law, and endorsed so as to provide that the insurance company shall notify the City 30 days in advance if the policies are to be terminated or if any changes are to be made therein during the life of the permit which change will affect in any way the insurance requirements; and as evidence of the carriage of such insurance, the holder of the permit shall furnish the City with a certificate of such public liability and property damage insurance, and, if required at any time, a copy of each such policy, and shall furnish to the City the original owner's protective public liability and property damage insurance policy, and shall also, if required, furnish to the City. a receipted bill evidencing payment of the premiums on the policies. Failure TI to maintain such insurance at all times V, shall result in the removal from the public rights -of -way of all neworacks belonging to the permit holder b, No permit shall be issued to a distributor unless the distributors okecutes an ihdo tnification and save harmless agreement, relieving the City, its emplovpes, officers and boards from any and all threat of damages, costs and liability whatsoever arising from, growing out of or incident to or in any Manner connected with the installation, maintenance or operation of each such newsrackr together with all costs, charges and expenses, including reasonable trial and appellate attorneys fees, incurred by the City in defining any claim or suit brought against it, either as sole defendant or joined as a defendant with the distributor, and specifically including any claim or suit against the City alleging liability based on the City's failure to properly enforce or administer the provisions of this ordinance. Said indemnification and save harmless agreement shall also provide that if the distributor fails to defend any such claim or suit against the City, the City may defend the same and the distributor will pay to the City upon demand all costs, charges and fees incurred in connection therewith. Section 9. Enforcement; Violation; Removal. a. The enforcement of this ordinance shall be initiated by City personnel listed in City Code Section 2-393 in accordance with the procedure set forth in City Code Section 2-394 with the maximum penalty for violation of this ordinance as set forth in City Code Sections 2.397(a) and (c). b. Notwithstanding anything to the contrary in paragraph a of this Section, in the event a newsrack is found to violate a provision of this ordinance, it shall be removed only after a notice of the violation is sent to the distributor by certified mail, return receipt requested, and the distributor fails within thirty ( 3 0 ) days of the mailing of the notice to correct or cure the violation, unless the City Manager issues a Written order stating that the newsrack constitutes a serious and imminent hazard to the public safety, in which case the newsrack may be removed itmediately. th the latter event a copy of the City Manager's order, specifying the reason or reasons for the immediate removal of the newsrack shall be sent by certified mail, return receipt requested` to the distributor. c. Any distributor aggrieved by a decision to remove or by the removal of a newsrack shall, upon written requests be entitled to a prompt hearing before the City Commissionf at which time the distributor may show why the newsrack complies with the provisions of this ordinance or why compliance should not be required. d. Any newsrack removed from the public right-of-way shall be stored at the cost of the distributor. The City shall be reimbursed by the distributor for all costs incurred in the removal and storage of all newsracks removed from the public rights -of -way by the City. Within ten (10) days from the removal of any newsrack from the public rights -of -way, the City shall send the distributor and/or owner of such newsrack by certified mail, return receipt requested, notice of such removal. The City is hereby authorized to sell said newsrack at a public sale if said newsrack is not reduced to possession of the distributor and/or owner within a period of ninety (90) days from the date of such removal. Ten (10) days prior to such sale, the City shall advertise notice of such sale in a daily newspaper of general circulation in the City. Out of the proceeds of the sale of any such newsracks, all unpaid removal and storage costs shall be paid after the payment of the advertisement cost and the remaining balance of the sale proceeds shall be retained by the City in a fund in the possession of the City for a period of one (1) year unless claimed earlier by the distributor and/or owner. After the expiration of one (1) year, any sums arising from the sale of newsracks in accordance with the provisions of this section, if unclaimed by the distributor and/or owner of said newsracks, shall become the property of the City and be transferred to the City's general fund, j f onq Al i k $ 0 0 4 .; f4 , removed immediately. in the latter event, a copy of the City Manager's order, specifying the reason or reasons for the immediate removal of the newsrack shall be sent by certified mail, return receipt requested, to the distributor. c. Any distributor aggrieved by a decision to remove or by the removal of a newsrack shall, upon written request, be entitled to a prompt hearing before the City Commission, at which time the distributor may show why the newsrack complies with the provisions of this ordinance or why compliance should not be required. d. Any newsrack removed from the public right-of-way shall be stored at the cost of the distributor. The City shall be reimbursed by the distributor for all costs incurred in the removal and storage of all newsracks removed from the public rights -of -way by the City. Within ten (10) days from the removal of any newsrack from the public rights -of -way, the City shall send the distributor and/or owner of such newsrack by certified mail, return receipt requested, notice of such removal. The City is hereby authorized to sell said newsrack at a public sale if said newsrack is not reduced to possession of the distributor and/or owner within a period of ninety (90) days from the date of such removal. Ten (10) days prior to such sale, the City shall advertise notice of such sale in a daily newspaper of general circulation in the City. Out of the proceeds of the sale of any such newsracks, all unpaid removal and storage costs shall be paid after the payment of the advertisement cost and the remaining balance of the sale proceeds shall be retained by the City in a fund in the possession of the City for a period of one (1)_year unless claimed earlier by the distributor and/or owner. After the expiration of one (1) year, any sums arising from the sale of newsracks in accordance with the provisions of this section, if unclaimed by the distributor and/or owner of said newsracks, shall become the property of the City and be transferred to the City's general fund, 'Section lg. It is the intention of the City C01tmissiOn► and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miatti t plorida. The sections of this ordinance may be renumbered or reletteted to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. ,Section 11. 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. Section 12. This ordinance shall take effect on January 1, 1986. It is the intent of the City Commission that this ordinance shall have a retroactive effect upon all newsracks located, erected, or maintained or operated in any public right-of-way in the City of Miami, but the distributors shall have a grace period of 30 days from the effective date of this ordinance to comply with the terms hereof. The City Manager is instructed to send a copy of this ordinance to the distributor of each newspaper, magazine or other news periodical placed in newsracks within the City of Miami. PASSED ON FIRST READING BY TITLE ONLY this 12th day of September, 1985. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 26th day of September . 1985. Maurice A. Ferre MAURICE A. FERRE, MAYOR PREPARED AND APPROVED BY-. ROBERT P.TM ARK CH19F 08PUTY MY ATTORNEY APPROVED LUCIA A. DOU CITY' ATTORNt RPC/rr/146 FORM AND CORRECTNt88t H Clerk of the City or Miami, Florida-, hereby illat oil . . ..... ... . .. . .... A. 1,�. 19 a full. tru., on.! ,11"we :111. o:oin-.11)CC of th': Co"i'lty lor "10lic s 1il.i pub icit :,,.:S "aid caj,g'v tO tile X-,,V1L;"i therefor. WITNESS my lialld and tllC_J)fficia1 seal of' said City this..AA) ..... day of.... A. U. 19 _ i;9t . .City Clerk 37 Sergio Pereira July st 1995 City manae Attn.'lberto Ikudert SoLd"Cial tjk64Ut ali2ifige8I Ad 1,41AYlt to city manag4r, p6t c r r r snt- , t Cohsaftt Agenda Pladem Lokia A.�Ought)f Cfty Attorney City Commission Meetings, From time to time Out office forwards resolutions which formalize motions previously adopted by the City Commission at OriOt Commission Meetings. These approved resolutions are noncontroversial in nature and, unless otherwise indicated by me or requested by the City Manager, should be placed in the Consent Agenda segment of your print-ed City Commission Agenda. You are informed of the nature of these items by means of our regular transmittal memorandum/receipts which identify such resolutions. Further,, the number of t . he motion being formalized appears in the upper left-hand corner of the resolution title page together with. the date of the Commission Meeting at which the original motion was adopted. 1AD/RFC/rr/091 cc: Honorable Mayor and Members of the City Commission COMPARISON OF CONDITIONS NOV. 1980 MAR. 1585 .tl U.L r K Zl I BEET ONLY). MACHINES THAT ARE DIRTY, DtNTtbo RUSTY, CAACKEbo BROKEN, OR HAVE CHIPPED PAINT, OR HAVE BEEN VANDALIZED. 23 MACHINES WITH ADVERTISING OR STICKERS ON THEM OTHER THAN THE NtWtPAPERIS NAME. 3 MACHINt$,WITH CRACKED, SCRATCHED, OR OTHERWISE DAMAGED GLASS OR PLASTIC. 0 MACHINES LOCATED LESS THAN 1811 OR MORE THAN 24" FROM THE ROADWAY EDGE OF THE CURB. 39 MACHINES, IF AGAINST A BUILDING, THAT ARE MORE THAN 611 FROM THE BUILDING'S WALL. 0 MACHINES, IF' AGAINST A BUILDING, THAT ARE IN FRONT OF A DISPLAY WINDOW. 0 MACHINES THAT ARE CHAINED OR BOLTED 10 A FIXED OBJECT, SUCH AS A LIGHT POLE OR SIGN POST. 33 MACHINES; IF GROUPED TOGETHER IN A LINE, THAT EXTEND MORE THAN 8' ALONG A CURB. MACHINES THAT ARE WITHIN 3 OF, OR OTHERWISE OBSTRUCT, A MARKED CROSSWALK. 6 MACHINES WITHIN 3' OF A FIRE HYDRANT,FIRE OR POLICE CALL BOX, OR ANY OTHER EMERGENCY FACILITY. I MACHINES WITHIN 31 AHEAD OR 15' TO THE REAR OF ANY SIGN MARKING DESIGNATED BUS - STOP, OR WITHIN 31 OF THE OUTER END OF A BUS BENCH. I j' MACHINES THAT REDUCE ANY PEDESTRIAN PASSAGEWAY TO LESS THAN 61. 0 MACHINES WITHIN 3' OF OR ON ANY PUBLIC AREA IMPROVED WITH LAWN, TREES OR FLOWERS OR OTHFk LANDSCAPING. 23 TOTAL*NUMBER OF VENDING MACHINES SURVEYED 49 47 80 76 6 8 8 0 1 1 80 66 62 0 0 0 0 0 0 67 56 53 0 4 4 12 13 12 2 2 2 2 13 12 0 6 6 47 18 17 344 Page y � a c ItY 00 M{4Mi PuOPIN, 18 itV�"i�vr-i(`c �l!wilGi�a 4' I�Jldvl 8ergid Pereira - July 5, 1985 : �r City Mari ao= Attn: 1bd,rt0 Studer, gtyecial AS, amt to Cite Manager'.: Pottali.,ftliq Resolutionr. rr Lyla tea Doughe ty cs:cer•_ _S Consent Agenda L'1aCisltlent"' CYty Attorney City Coffimission Meetings y Froth time to time our office forwards resolutions which formalize motions previously adopted by the City Commission at otior Commission Meetings. 'these approvo-d resolutions are noncontroversial in nature and, unless otherwise indicated by me or requested by the City Manaqer, should be placed in the Consent Agenda segment of your printed City Commission agenda. You are informed of the nature of these items by means of our regular transmittal memorandum/receipts which identify such resolutions. Further, the number of the motion being formalized appears in the upper left-hand corner of the resolution title page together with the date of the Commission Meeting at which the original motion was adopted. LAD/RFC/rr/091 cc: Honorable Mayor and Members of the City Commission March 2 M. Jbil— �laiwii l� _ G-M -iaaw epatt iamt Adam-tukl n 6bA `Urban 6a l gw, C66r°d , ntrtntNtt NEWSPAPER VENDING MACHINE SURVEYu_ 56WNtbWN 6€ MOMtNt AUfiNC1M? i8i8 otio A1mft h§ T6*6t Mimi, P16tid2 33131 13o915lt•MIS WObPhtt MtM6AANbUM DowntownThe the vendiingmachines eInpsectionshbfibowntbwnurvthhedfirstltUrveynwas dInoNovember, 1580 , It r Included all 49 machines a.lbng rlagler Street from Biscayne Boulevard to N.W. Ist Avenue, The second survey was Its March 1985, It Included all 344 machines in the Central gusiness bistelet bounded by N.E. 6th Street on the north, 815cayhd Bey on the east, the Miami River on the south and the I-55 expressway on the west (see attached map). Attached are a summary and a tomparison of survey findings, individual survey 'forms for each vending machine are also available for your Inspection. Please let life know if I can be of any further assistance In this regard. AL/cs.:. 0 Encl. 9 bOWNtbWN'b@VbLbftMENt AUtHbbltV Wa tint bi�c yyn� tower MIa�Ynl, �Iorid� 331�1 (�0515�5.68�5 NEWSPAPER VCNDING MACHINE SURVEY CENTRAL BU91NESS DISTRICT MARCH, 1985 SUMMARY OP SURVEY RINDINOS Alt w 0 J I L L111111,i H r 1>titiiii IN iiiiitr�rrrrr�riirr 0 t 1 `fUSIN�kSD�TRIDT� � IIi -LU j( Ir _ 1 .• 41 PUBLICATIONS (CBD - MARCH, 1985) # % r MIAMI NEWS 150 44 f MIAMI HERALD 69 20 USA TODAY 65 19 DIARIO LAS AMERICAS 21 6 ! HOME BUYER 11 3 f —L MIAMI REVIEW 9 3 NEW YORK TIMES 6 2 J s WALL STREET JOURNAL 5 1 ORLANDO SENTINEL 5 1 EL HERALD 3 1 TOTAL 344 100 Page 1 of 3 11 f o- { ON —DI 1'1 ONS (C9O MACHINES THAT ARE BIRTY; DENttO, RUSTY, CRACKER, 244 71 BROKEN, OR HAVE CHIPPED PAINT, OR HAVE BEEN VANDALIZED. MACHINES WITH ADVERTISING OR STICK€RS ON THEM 16 OTHER THAN THE NEW5PAPER'9`NAME, MACHINE'S WITH CRACKED SCRATCHED, OR OTHERWISE I3 4 DAMA1Eb GLASS OR PLASTIC. MACHINES LOCATED LESS THAN 18" OR MORE THAN 24" 219 64 FROM THE ROADWAY EDGE OF THE CURB. - MACHINES, IF AGAINST A BUILDING, THAT ARE MORE THAN 6" PROW THE BUILDING'S WALL. 8 2 MACHINES, IF AGAINST A BUILDING, THAT ARE IN FRONT OF A DISPLAY WINDOW. 1 .3 MACHINES THAT ARE CHAINED OR BOLTED TO A FIXED OBJECT, SUCH AS A LIGHT POLE OR SIGN POST. 168 49 MACHINES, IF GROUPED TOGETHER IN A LINE, THAT EXTEND MORE THAN 8' ALONG A CURB. 25 MACHINES THAT ARE WITHIN 3' OF, OR OTHERWISE 62 18 r OBSTRUCT, A MARKED CROSSWALK, MACHINES WITHIN 3' OF A FIRE HYDRAt1T,FIRE OR 8 2 POLICE CALL BOX, OR ANY OTHER EMERGENCY FACILITY. MACHINES WITHIN 3' AHEAD OR 15' TO THE REAR OF ANY SIGN MARKING DESIGNATED BUS STOP, OR WITNIN•3' OF 42 THE OUTER END OF A BUS BENCH. MACHINES THAT REDUCE ANY PEDESTRIAN PASSAGEWAY 38 TO LESS THAN 61. MACHINES WITHIN 3' OF OR ON ANY PUBLIC AREA IMPROVED WITH LAWN, TREES OR FLOWERS OR 35 OTHFR LANDSCAPING. TOTAL NUMBER OF VENDING MACHINES SURVEYED 344 12 E a z bb*N*16WN btftLOPMtNt AU'iHbAltY We dine albtdh,L tower Midt"l, Pl6hdt 33131 t3b5f5i9•sst5 NEWSPAPER VENDING MACHINE SURVEY CENTRAL 9US I NESS G i StR I CT = MARCH, 1955 SUMMARY OP SURVEY FINO MS '.rwrtwrw�l.�r Ir'iwrwittr.l..rrr.r a 0 PUBLICATIONS (CBD - MARCH, 1985) # _ % MIAMI NEWS 150 44 MIAMI HERALD 69 20 USA TODAY 65 19 DIARIO LAS AMERICAS 21 6 HOME BUYER 11 3 MIAMI REVIEW 9 3 NEW YORK TIMES 6 2 WALL STREET JOURNAL 5 1 ORLANDO SENTINEL 5 1 EL HERALD 3 1 TOTAL 344 100 Page 1 of 3 f CONDITIONS ICED:MARCH 1�8 MACHINES THAT ARE bIRTY, bENTED, RUSTYo CRACKtb, 244 �I BROKEN; OR HAVE CHIPPEb PAINT, OR HAVE BEEN VANDALIZED. MACHINES WITH ADVERTISING DR STICKERS ON THEM 16 OTHER THAN THE I' tWSPAPER'S'NAME. MACHINES WITH CRAtKtbj SCRAtCHEb, OR OTHERWISE 13 4 DAMAGED GLASS OR PLASTIC. MACHINES LOCATED LESS TFIAN i5" OR MORE 'THAN 24,1 XIS 64 FROM THE ROADWAY EDGE OF THE CURD, MACHINES, 1F AGAINST A gUILDING, THAT ARE MORE 8 THAN 6" FROM`THE BUILDING'S WALL. MACHINES, IF AGAINST A BUILbING, THAT ARE IN FRONT OF A DISPLAY WINDOW. I .3 C HA NEb BOLTED TO A FIXED MACHINES THAT ARE 1 OR OBJECT., SUCH AS A LIGHT POLE OR SIGN POST. 168 4g MACHINES, IF GROUPED TOGETHER IN A LINE, THAT EXTEND MORE THAN 8' ALONG A CURB, 25 7 MACHINES THAT ARE WITHIN 3' OF, OR OTHERWISE OBSTRUCT, A MARKED CROSSWALK. 62 18 MACHINES WITHIN 3' OF A FIRE HYDRAIIT,FIRE OR 8 2 POLICE CALL BOX, OR ANY OTHER EMERGENCY FACILITY. MACHINES WITHIN 3' AHEAD OR 15' TO THE REAR OF ANY SIGN MARKING DESIGNATED BUS STOP, OR WITHIN-3' OF 42 12 THE OUTER END OF A BUS BENCH. .MACHINES THAT REDUCE ANY PEDESTRIAN PASSAGEWAY 38 11 TO LESS THAN 6'. MACHINES WITHIN 3` OF OR ON ANY PUBLIC AREA IMPROVED WITH LAWN, TREES OR FLOWERS OR OTHER LANDSCAPING. 35 10 TOTAL NUMBER OF VENDING MACHINES SURVEYED 344 Page 2 of 3 TOTAL NUMBER OF VENDING MACHINES SURVEYED 344 Page 2 of 3 COMPARISON OF CONDITIONS NOV. 1580 MAR, 1985 MACHINES THAT ARE DIRTY, DENTED, RUSTY, CRACKED, BROKEN, OR HAVE CHIPPED PAINT, OR HAVE BEEN VANDALIZED. 23 47 80 76 MACHINES WITH ADVERTISING OR STICKERS ON THEM OTHER THAN THE WNSIPAMIS NAME. 3 6 8 MACHINt$,WITH CRACKED, SCRATCHER, OR OTHERWISE DAMAGED GLASS OR PLASTIC, 0 0 MACHINES LOCATED LESS THAN IV OR MORE THAN 241, FROM THE ROADWAY EDGE OF THE CURB, 3 8o 66 62 MACHINES, IF AGAINST A BUILDING* THAT ARE MORE THAN 611 FROM THE BUILDING'S WALL, 0 0 0 0 MACHINES, IF AGAINST A BUILDING, THAT ARE IN FRONT OF A DISPLAY WINDOW. 0 0 0 0 MACHINES THAT ARE CHAINED OR BOLTED TO A FIXED OBJECT, SUCH AS A LIGHT POLE OR SIGN POST. 33 67 56 53 MACHINES, IF GROUPED TOGETHER IN A LINE, THAT EXTEND MORE THAN 8' ALONG A CURB. 0 0 4 4 MACHINES THAT ARE WITHIN 3' OF, OR OTHERWISE OBSTRUCT, A MARKED CROSSWALK. 6 12 13 12 .'',NES WITHIN 3' OF A FIRE HYDRANT,FIRE OR POLICE CALL BOX, OR ANY OTHER EMERGENCY FACILITY, 1 2 2 2 MACHINES WITHIN 3' AHEAD OR 15' TO THE REAR OF ANY SIGN MARKING DESIGNATED BUS -STOP, OR WITHIN 31 OF THE OUTER END OF A BUS BENCH. 1 2 13 12 MACHINES THAT REDUCE ANY PEDESTRIAN PASSAGEWAY TO LESS THAN 61. 0 0 6 6 MACHINES WITHIN 3' OF OR ON ANY PUBLIC AREA IMPROVED WITH LAWN, TREESOR FLOWERS OR OTHFR LANDSCAPING. 23 47 18 17 TOTAL'NUMBER OF VENDING MACHINES SURVEYED 49 344 Page 3 of 3 L, Sl ,.f f ;, r v f. k• �t �' f IIIIII G ��!•' 'f' +. '", � E tr., eft i�'. :. ,.L d �- ayy�°N:?'� # -.. % Y f L ° • _ :ht>!y� 'tO� 4 ..f I z t ,y y.hp�t��•"'�. g{�at �• 9 q t��'#'�P y 4• yE t G � _•.1 _"J C .� V,"j•+""y . y � t^ C i� f [ t yY r �• f � l A `_9 f i t ' s wpm.! MIAMI RVIFEW AND DAILY RECORD Published Dally except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATS OF FLORIDA COUNTY OF DADE. 8efore the undersigned authority personally appeared Sonia Halligan, who on oath says that she Is the Assistant to the Supervisor of Legal Advertising of the Miami Review and Dolly Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI Re: ORDIN A (-E NO. 10044 Inthe ....... X..X..X..... I ............. • ....... Court, was published In said newspaper In the Issues of Oct.2, 1985 Afflant further says that the said Miami Review and Daily Record Is a newspaper published at Miami In said Dade County, Florida, and that lh• said newspaper has heretofore been continuously published In said Dade County, Florida, each day (erupt Saturday, Sunday and Legal Holidays) and as been entered a• second class mall matter at the post Miami in sold! Dade County, Florida, for a period of one year next pruding the first publication of the attached copy of advertisement; and aftiant further says that she has neither paid not promised any person, fine or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication In the said newspaper. a• fit ^E I� A 611TV ap MIAMI# Mill 8601% MtWlIi10A LIUAl'11116"lCA All If1letalitad 00809 Will take n6flab that 6h: INI3 26th day 61 5erptarr bob, 1085, the City ibefhrriftibm Of MIAM1,116fift ideptftd the fop6wlhg titled 6tdlMAhbtt(5)! CiAbINANC NO,10642 .errwr„pwivyrRr'rnvnimriiCUTWV111ti UNUMIMWEST 15TH AVENUE ANb APPROXIMAtELY 11461.140 NORTH- WEST LOTH StREEt, MIAMI, FLORIDA, (MORE PARTiCU• . LAALY bESCRIBEb HEREIN) PROM R&W6 GENERAL RES• ' lbtNTIALTO RG*511 GENERAL RESIDENTIAL BY MAkING PINOINGS; AND BY MAKING ALL tHE NECESSARY CHANOLI ON PAGE NO, 24 OF.:SAIb Z6NING,.WAS MADP A_PA*'6P''OAbINANCE NO,, 0506 BY Rt.FthENCE AND,bWAIPT1ON IN ARTICLE 3, SECtION+3f>�, THERE OF, CONtAINING A REPEALER PROVISION AND A SEVER ABILITY CLAUSE, ORDINANCE NO,10043 AN EMERGENCY ORDINANCE AMENbING SECTIONS 1,2,5 AND 6 OF ORDINANCE NO.,0901, ADOPTED SEPTEMBER 21, 1084, THE ANNUAL APPROPRIATIONS:ORbINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 80,1985 AS AMENDED BY INCREASING THE APPROPRIATIONS FOR THE GENERAL OBLIGATION BOND FUND IN.THE AMOUNT. , OF $581,500 AND BY INCREASING REVENUES IN THE . SAME AMOUNT FROM FY`84 bEBT SERVICE FUNb,'BAL- ANCE TO PAY FOR $581,500 OF ADDITIONAL INTEREST PAYMENTS.DURING FY15 AS A RESULT OFTHE RECENT SALE.OF,$12,000,000 IN GENERAL OBLIGATION. BOND - ANTICIPATION NOTES, BY INCREASING ENTERPRISE FUND REVENUES IN THE AMOUNT OF $508,400, $238,400 FOR THE CONFERENCE CENTER, AND $270,000 FOR THE MUNIC- IPAL AUDITORIUM BY INCREASING FY'85 APPROPRIATIONS IN A LIKE AMOUNT, FOR THE PURPOSE OF APPROPRiAT" ING $238,400 OF ADDITIONAL REVENUE, FOR THE.-CON- FERENCE'CENTER AND FUNDING DEFICITS ACCUMU-'' LATED IN PRIOR YEARS'FOR THE MUNICIPAL AUDITO= RIUM TOBETUNDED PROM A CONTRIBUTION FROM THE GENERAL FUND BY INCREASING THE SPECIAL REV ENUE, FUND, RESCUE: SERVICES, IN'THE AMOUNT;,OF $50,072 FROM FUND BALANCE; BY INCREASING'THE FY'85 i APPROPRIATIONS FOR RESCUE SERVICES,'IN A -LIKE AMOUNT FOR THE PURPOSE OF Flu RCHASING'TWO"(2) BASIC LIFE SUPPORT VANS, BY INCREASING TRUST:AND AGENCY: REVENUE; PENSION, IN,THE AMOUNT OF $1,120,000,,BY INCREASING THE APPROPRIATION IF PENSION IN A LIKE AMOUNT FOR THE PURPOSE OF MEETING THE ACTURIAL;REQUIREMENTS FORT THE,SET TLEMENT OF THE, PENSION LITIGATIONS AND. TO `ADE- QUATELY.PROVIDE FOR THE PAYMENT.T0" POLICE AND' FIRE SUPPLEMENTAL'PENS,ION FUNDS, ALSO AUTHOR — [ZING THE FINANCE DIRECTOR_ TO APPROVE AND RECORD INTHE. POOLED CASH AND INVESTMENTS; GROUP -,OF ACCOUNTS THE CITY'S PAYMENT,OF.EIANK AND.INVEST` MENT MANAGEMENT'CHARGES IN=THEJAMOUNT OF , . $82,000, RETAIN" AND';RECORD AS COMMUNITY.DEVEL. IN°`:THE.AM, SERVE FOR f E AMOUNT;,( ISIONAND A ORDI AN, ORDINANCE REI ........ . • • , �0,F141. i" NEWSRACKS IN PURL 1m, w•to and sub.&& ors me this MIAMI AND, IMPOSING TIONS RELATED° THE 2nr3 .,day of .T.� !?' jrr :. a tg.....$.5 OF PURPOSE;'P.ROVID • " "" BECOME EFFECTIVE' • "r `, VISIONS THEREOF BI EXISTING AND FUTURI �3nib1 state o�rfletlda at Large INITIQNS, ESTABLISH .PLACEMENT; AND. INS (SEAL) �•,�91�p • • • ' • �ti`r�,+' VIDIN. FOR AEMONA My Commission expihA�f (u%piQfB ���`' (NG p PERMIT AND HI ATIN I in MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday. Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE.' Before the undersigned authority personally appeared Sonia Halligan, who on oath says that she Is the Assistant to the Supervisor of Legal Advertising of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) nswspaper, published at Mlaml in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI Re: ORDINA (CE NO. 10044 Inthe ....... X..X..X........................... Court, was published In said newspaper In the Issues of Oct.2, 1985 101TV 16111 IAIAMit 1 A611M1iTV,.O481111 yA. . L24IAL 011611 All InterabIad Piet rang Will tarns h6flaih,thAt On the Mlh dA of §60tiffi it. 1§95, the dity 06rrifl'll16616ft 61 MIAMI, FlbAdd, Rf100tilitl the 16116WIft0111166 W111066(b) OR6)iJANCE Nth, 1I�b4� .. ,_ , ORDINANCE NO, 10043 AN EMERGENCY ORDINANCE AMENDING SEaTION AND 6 OF ORDINANCE NO.0901, ADOPTED SEPT 21, 1084, THE ANNUAL APPROPRIATIONS OAbl FOR THE FISCALYEAR ENDING SEPTEMBER S0,1 AMENDED, BY INCREASING THE APPROPRIATION THE GENERAL OBLIGATION BONb FUND IN THE A OF $561,500 AND BY 'INCREASING` REVENUES I SAME AMOUNT FROM FY'84 DEBT,, SERVICE. FUN ANCE TO PAY FOR $561,5W OF ADDITIONAL INT PAYMENTS DURING FY'85 AS A RESULT OF THE R SALE OF $12,000,000 IN GENERAL.OBLIGATION ANTICIPATION NOTES, BY INCREASING ENTERPRISE REVENUES IN THE AMOUNT OF'$608,400,' $238.4 THE CONFERENCE CENTER, AND $270,000 FOR THE IPAL AUDITORIUM BY INCREASING FY'85 APPROPRI IN A LIKE AMOUNT, FOR THE PURPOSE OF APPRO ING $238,400;OF.ADDITIONAL REVENUE, FOR TH FERENCE CENTER AND FUNDING' DEFICITS ACC LATED IN.PRIOR.:YEARS`FOR THE MUNICIPAL AL RIUM TO. BE,.FUNDED FROM A CONTRIBUTION, THE GENERAL FUND BY INCREASING THE SPECIA ENUE FUND, RESCUE. SERVICES,``IN:THE AMOUI $50,072 FROM FUND BALANCE, BY,.INCREASING THE APPROPRIATIONS FOR `RESCUE _SEAVICES` IN. A AMOUNt'FOR THE PURPOSE OF PURCHASING T1 BASIC LIFE SUPPORT VANS, BY INCREASING TRUS' AGENCY REVENUE PENSION,'IN.THE=AMOUI• $1,120,000,:,BY;INCREASING THE APPROPRIATION PENSION'IN A LIKE AMOUNT`FOR=THE `PURPO! MEETING;THE ACTURIAL_REQUIREMENTS FOfi T,H' TLEMENT.OF THE. PENSION_LITIGATIONS AND'TC QUATELY PROVIDE FOR THE PAYMENTTO {?OLICI FIRE SUPPLEMENTAL PENSION FU14DS,"ALSWAU' IZING THE FINANCE DIRECTOR TO APPROVE AND RE IN-THE,POOLED CASH AND',INVESTMENTS'GR_Ot Afflant further says that the said Miami Review and Daily ACCOUNTS ;THE CITY'S PAYMENT,OF BAN,N Record is a newspaper published at Miami in said Dads County, MENT MANAGEMENT CHARGES IN THE' Florida, and that the said newspaper has heretofore been $62,000, RETAIN AND RECORD AS COMMI continuously published in said Dade County, Florida, each day tezupt Saturday, Sunday and Legal Holidays) and has been OPMENT PROGRAM REVENUE ;THft INTEF entered u second class mail matter at in* post office In ON H U.D. ;FUNDS .;IN THE AMOUNT''OF' Miami In sold county, Florida, for a period of one year ESTABLISH "A. RESERVE FOR POSSIBLE At 00 E: EMBER NA'NCE 965, At S FOR MOUNT N THE . b BAL- EREST BOND FUND FOR MUNICP ATIONS PRIM : ,CON 'ROM REV• i TOF FLY"" 1 IKE 10 f2)y' ;AND r OF FOR E` OF :SET ADE- AND. nett preceding the first publication at the attseh eop� o adwrtlwment: and afflant further says that she has nether INVESTMENTSINTHEAMOUNT60$300,000-.CONTAINING paid nor promised any person, firm or corporation any discount. A REPEALER PROVISION AND A SEVERABIUTY CLAUSE - rebate, commission or refund for the purpose of assuring this », advertisement for publication in the said newspaper. ORDINANCE NO"10044 AN ORDINANCE REGULATING THE PLACEMENT, OF • RC1,, '.. ......... NEWSRACKS IN PUBLIC RIGHTS OFFWAY IN THE CITY OFx 5wern to and subsciWL� tibore ma this MIAMLAND,(MPOSiNG.'SAFETY AND'AESTF{ETIC,RE$rRICr* 2nd ? : FIr 85 TIONS' RELATEp..THERETO; PROVIDING A�STATEI NT JQ �r 19 OF PURPOSE; PROVIDING THAT SAID ORDINANCE SHALL' # 'day of .:.... t.. $. t.. BECOME EFFECTIVE;UPON'ADOPT(ON WITH "THE PROP ` • VISIONS THEREOF BEING OPERATIVE UPON-AL.f_ SUCH EXISTING AND FUTURE NEVYSRACKS 'ESTY►B I$HING';REF r L "e INIi IO�1S,,ESTA4I-ISHING STANDARDS FQR+DPSflA,TJS�N, 'Nba u ic, atsbw �FlQrlda at Large qE�,� PLADE MENTsA+ND I.NSTAIGLATION OF NEWSRAA PRCk (SEAL) 'ii Fp .. • • �tiv`,;• VIDING FOR REMOVA4,GF NEWSRACK$ ESTABLISHINGc{ My Commission exPr/sA AIQ��'•i, PROCEDURES FOO",HEARINGS'DN yIIOLATIQNS REGIUIR err ING A PERMIT AND,PAYMENT Of A PERMIT, FEE, RE41ViR INGINURANCE AND;INDEMNIFICATIONPROVIDING'9FOR SEVERARIWTY;'INCLUSION INTHE ( 'E Prvim, , CITY . 4F:MIAIt�t, ,FL.4RIQA AND,;)1PON`"ADIQI?ntDN 0 TI�1)S ORDINANCE. INSTRUCTING THE CITY MANAGER TPND A POP OF THE ORDINANCE, TO=Td�IEI$T#$I@yT(RQF , EACH t EYIISPAP R;�.MAW� NE OR OTHER NEWS IFgRI AP ` OPICAL PLACE D IN NEW.$RACK$ WITMIN T#Ng CiTY.4"- gRDlNANC€ AIC,10Pk6 i" � 4x ' wx r AN BMEIiGEMCY O IDINANCE AMEi+It21AIG TI CODEIDF THE CITY OFMIA,MI W AMENPEP, 6YAMENPING'Aft CLE .Il fNTJTI.EP 4.',61PEWAV AND 6T8EET VBN,t�Q nF CIdAPTEA R2 AMR SAIn f nnr- RY .pla ►UIr',lur_ e'raccr_ A,FIIphIIBlT1ND ViNRING .FROM 044TI1t41il"�lG . AWES 0814APING ;TONES; FROYMING TlAT MOW ' FROM OTOR V41NIQU56 MUST 194FAR109, [AY Vt►t4EN Th11�RES ItIO CtdRB, l,N iaE6T11!lT1Q TI •OOP I' NT 1 F A@U1T NG I qP w ah 1 Tf 11 A IAA t99 RER AI,6R PRO VIP 1OI1! NP A -60/ AND p161N6tlV1T:6e �' ,:. �IURITTi F TidA Is9:= womml' eu4sms imam. and Atttant turth*t I,ya that 9hil hill h0har rrob tie tlWftif ft CM or pr6atufid lot IIIII pul it bl 6 AhVrig th tU Advsttieattielit fot publl@stiofl Iti ihlt said h6ws0606t. dill SWI1ti1 to And 5ubltd, Vtl krq}ote rho thl! 2nd j. /day of r . ty ,f� • AL is ....... /� it CA,allotu I 1 Stata•oI1-PlOmda at Large (SEAL► My Commission upftsA�� lltfti��ll�9t3f., •• MR 139 a v, urn wo�t5 UN INVESTMENTS IN THE AMOUNT 01= S30b,0oo; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO, 10044 AN ORDINANCE REGULATING THE PLACEMENT OR NEWSRACKS 1N PUBLIC RIGHTS OF -WAY IN TH.E CITY OF MIAMI AND IMPOSING SAFETY AND AESTHETIC RESTR) -- T16NS RELATED THERETO; PROVIDING A STATEMENT OF PURPOSE; PROVIDING THAT SAID ORDINANCE SHALL BECOME EFFECTIVE UPON ADOPTION WITH THE PRO. VISIONS tHEREOF BEING OPERATIVE UPON ALL SUCH EXISTING AND FUTURE NEWSRACKS; ESTABLISHING DEF- INITIONS; ESTABLISHING STANDARDS FOR OP€RATION, PLACEMENT AND INSTALLATION OF NEWSRA'CKS; PRO, VIDING FOR REMOVAL OF NRWSRACKS; ESTABLISHING PROCEDURES FOR HEARINGS ON VIOLATIONS: RECUIR- ING A PERMIT AND PAYMENT OF A PERMIT FEE; REOUIR- ING INSURANCE AND INDEMNIFICATION-, PROVIDING FOR SEVERABILITY; INCLUSION IN THE'CODE OF THE c(TY OF MIAMI; FLORIDA AND, UPON ADOPTION OF THIS ORDINANCE, INSTRUCTING THE CITY MANAGERTO SEND A COPY OF THIS ORDINANCE, TO THE DISTRIBUTOR OF EACH NEWSPAPER, MAGAZINE OR OTHER NEWS PERT. ODICAL PLACED IN NEWSRACKS WITHIN THE CITY •. - . ORDINANCE NO.10045 AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, AS AMENDED, BY AMENDING ARTI• CLE 11 ENTITLED "SIDEWALK AND STREET L VENDORS," OF CHAPTER`39 OF SAID CODE BY PROVIDING. A DEFI-. NITION OF "WRITTEN MATTER": PROVIDING EXEMPTIONS FROM SPECIFIED SECTIONS OF SAID ARTICLE FOR VEN•',_ . DORS, WHO, EXCLUSIVELY VEND WRITTEN MATTER;,; PROHIBITING VENDING FROM ON -STREET PARKING: " SPACES OR LOADING ZONES; PROVIDING THAT VENDING FROM MOTOR VEHICLES MUST BE OFF THE ROADWAY WHEN THERE IS NO CURB, AND RESTRICTED TO.00CU PANTS .OF ABUTTINGPROPERTY ONLY; CONTAINING A REPEALER PROvISION AMb A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READ- ING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR FIFTHS OF THE MEMBERS OF THE COMMISSION. IM 1465) MIAMI REVIEW AND DAILY Rf:CORD Published Daily except Saturday, Sunday and Legal Holidays Miami, bade County, Florida. STATE OF FLORIDA COUNTY OF DADS Before the undersigned authority personally appeared Sonia Halligan, who an oath says that she Is the Assistant to the Supervisor of Legal Advertising of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI Re: ORDINANCE NO. Inthe .......... X..X..X ....................... Court, was published in said newspaper In the Issues of Sept. 13, 1985 Afflant further says that the said Miami Review and Dolly Record Is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dads County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second cis" mail matter at the post allies In Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that she has neither paid nor promised any person, fine or corporation any discount, robots, commission or refund for the purpose of securing this advertisement for publication In the sold newspaper. ........... 4�jrto and subscZ4re me this ,. 3to... AOg.........1i ... 5� l %% a eroos �8bua, to Qt F�rfOa at Large (SEAL) Commlesion ez�gI�.� ' ' y p*,,,JJriSti�� AMR AIfQ r � NAME 130CUMENT DATE RETURNED �'Yar @ it 4 L am m><tlaiGei sa a A a: ezAi6uaa LtfsaYai a aa& aaaiY.ma i iY1064aaa aamtmaaaa �aa as attaa:aaaaa iw14,1 7tlmi aea:aY Y lit6 �,