Loading...
HomeMy WebLinkAboutO-0884304, fArCirb 6/ /76 l+tORIDA: C IMNANCE NO 1 8 8 4. . AN MINAt=Cb ANIENDINd 8NCTtt3Ng 5 4-26 , t 4-1' , 54-39, ANb 54..41) OP THE CObt OP THE CITY OP MIAMI, PLORtbA, A8 AMENbN 3, BY bELINEATING AREAS I'6tt THE PURPOSE OP REGULATING THE PLACE. MSNT O1 BUS BENCHES ANb/bit BUS SHELTER STRUCTURES THROUGHOUT THE CITY by COMMERCIAL AbVERTISINC COMPANIES ANbi BY PARTIALLY SETTING 'O1TH THE TERMS ANb CONbtTtbNS o1 THE AGREEMENT UNb t WHICH SUCH PLACEMENT SHALL BE AUTHOR Ebt CONTAINING A REPEALER PROVISION ANb A SEVER-, ABILITY CLAUSE; BE IT ORDAINED BY THE COMMISSION op TNt; CITY OV ttIAMtI, Section 1. The following sections of the Code of the City of Miami, Florida, as amended, are hereby further amended to read as follows "Sec. 54-36. Authorization required. It shall be unlawful for anyone to place a bench upon any public right-of-way in the city, to be used for commercial or advertising purposes, without having first been authorized to do so, as hereinafter provided." "Sec. 54-37. Districts. The .city of Miami shall be divided into the following 4 geographical districts for the purpose of designating areas within the city which are in need of benches and/or shelter structures located at bus stops to provide con- venience and to accommodate the members of the public using busses for transportation, said districts to be the subject of proposals from commercial advertising firms willing to pay the city for the right to install and maintain bus benches and/or bus shelter structures in the public right- of-way in the city, upon which benches and/or shelter structures advertising messages can be placed, subject to applicable rules, regulations, ordinances and statutes governing the location, installation and maintenance of said benches and/or shelter structures. (1) District 1, All of the city north of N,E. and N.W. 36 street including N.E. and N.W. 36 street, (2) District 2, All of the city east of N.W, 27 avenue, south of N.E. and N,W. 36 street and north of Flagler street including N.W, 27 avenue and F1agler street, (3) District 3, All of the city west of N,W, and S.W. 27 avenue south of N,W, 36 street and north of S,W, 8 street including S,W, 8 street but excluding N,W, and S,W, 27 avenue. (4) bistriet 4, All of the city south of Pinter street between the Bay and S.W. 27 attend and south of S.W. 8 street hest cif 27 aVetitie including that portion of S.W. 27 AVeAue between r1agler street and S.W. 8 street but excluding 'lag1er street acid further excluding that portion of S.W, 8 street west of S.`W. 27 aVettue. "Sec. 54-.39. Same Minimum Bid. the ttinittum bid shell not be less than $12.00 per bus bench containing advertising in any of the 4 districts as described in Sec. 54-,17 of this chapter. The bid shall be for all existing and/or prospective bus benches of which no more than 80% in each district shall contain commercial advertising. One-half of the said benches without commercial advertising may be used for public service information pertaining to nonprofit objectives. The decision as to the designation of a public service bus bettch in the event of a dis- agreement shall rest solely in the discretion of the city manager whose decision shall be final." "Sec. 54-41. Tertn of Agreement. The term of agreement shall be for at least one year but not more than five years from the date of the agreement. "Sec. 54-42. Agreement Required.• The agreement between the city and any commercial advertising firm shall incorporate the specifications used as the basis for soliciting bids from commercial advertising firms. Said agreement shall include the following provisions, using either 'bus benches' and/or 'bus shelters' as applicable: 'NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND OF THE MUTUAL COVENANTS AND UNDERTAKINGS HEREIN- AFTER CONTAINED BY THE PARTIES HERETO, TO BE OBSERVED AND PERFORMED, AND.OTHER GOOD AND VALUABLE CONSIDERA- TION, THE PARTIES HERETO DO BIND THEMSELVES HEREBY AND AGREE AS FOLLOWS, TO WIT: 'Section 1. The CITY OF MIAMI, herein referred to as the 'CITY' grants to hereinafter referred to as the 'COMPANY' the right to install bus benches and/or bus shelters approved by the CITY in CITY designated districts at bus ,stops identified by the CITY as requiring bus benches and/or bus shelters for the convenience of the traveling public, subject to the provisions hereof, and further subject to the provisions of all sections of Article III 'Bus Benches' of Chapter 54. 'Streets and Sidewalks' of the Code of the City of Miami, Florida, as well as the provisions of all applicable state statutes. This contract shall commence on and expire on 'Section 2. Bus benches and/or bus shelters shall be placed at all legal bus stops as designated by MTA (fecropolitau Transit Authority) subject to the CITY'S criteria and requirements for the location of bus 88 4 3 benches snd/dt she tern within the pubiid rights* of't4aiys bus behdhes and/or bus shelters Will be removed by the COMPANY upon being notified that they do ttbt meet the CITYfg Criteria and reiluirem merits, The COMPANY will pay to the CitY an afinual fee as specified herein for the life of this euna, tract or as long as such bus bench and/or bus shelter remains in such location; provided that tto fees paid to the CITY pursuant to this agreement shall be refunded in the event that (a) the petttissioti to allow the bus betteh and/or bus shelter to remain at its location is revoked or (b) if the COMPANY voluntarily removes afiy bus beach and/or bus shelter from an approved location.' 'Section 3► The COMPANY will continuously comply with all provisions of federal law concerning the regulation of the herein subject tatter including, but not limited to, bade County Ordinance No. 62-40 and Ordinance No.63-18 as the same may be amended from time to time, and which are now codified as part of Chapter 3, Sections 3-1 through 3-12 of the bade County Code which includes the special provisions involving rights -of -way designated as Federal Aid Projects as determined by the Florida Department of Transportaton.' 'Section 4. The COMPANY agrees that advertising messages will only be carried on bus benches and/or bus shelters located on public rights -of -way or public easements abutting property zoned C-1, C-1A, C-2A, C-4, C-4A, C-5, I-1, 1-2, W-I and along 4 lane arterials abutting property zoned residential except for R-1, R-1A, R-1B and R-2 areas; however, such locations shall not include CITY public property or property used by the CITY for public purposes. No advertising shall be allowed on bus benches and/or bus shelters located on any street or sidewalk area when such street or sidewalk area abuts any property owned or utilized for municipal or public purposes.' 'Section 5. The COMPANY agrees that no bus bench and/or bus shelter will be placed at any location where the CITY finds that a bus bench and/or bus shelter at the proposed site or location will tend to unreasonably obstruct passage along any public rights -of -way or create an undue hazard or is otherwise detrimental to public safety. The COMPANY will, upon being given permission to use abutting private property, as an alternate loca- tion to placing the bus bench and/or bus shelter in the public right-of-way, secure written permission from the affected property owner, and submit such written evidence of having gained permission to install the bus bench and/or bus shelter on private property adjacent to the public right-of-way prior to the CITY'S approval for the location of such bus bench and/or bus shelter.' 'Section 6, For all bus bench and/or bus shelter locations designated by the CITY, the said COMPANY will pay to the CITY a sum as hereinafter provided each year during the life of this contract. No bus bench and/or bus shelter shall be installed at a location designated and identified as a satisfactory location by the CITY until and unless such bus bench and/or bus shelter shall have been first approved by the CITY.' 884 'Section 7, betailed pietas and specificatiot%s of each ecisting and/or proposed bench and/or shelter shall be supplied by the COMPANY if requested by the CID? and ttudificatiatj of said plans arid specifications shall be tade at COMPANY eRpense if such thodificetion is requited by the CtT? ." Section 2. All ordinances, code sections, or parts thereof in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this ordinance is declared invalid, the retraining provisions of this ordinance shall not be affected, PASSED ON FIRST READING BY TITLE ONLY THIS 27th day of JUL? , 1978. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 14th day of September , 1978. Maurice A. Ferre MAURICE A. FERRE, M A Y 0 R ATTEST: CLERKRALPif G. (YVGI E, CITY PREPARED AND APPROVED BY: pht, g' ROBERT F. CLARK, ASSISTANT eTY ATTORNEY APPROVED :S TO FORM AND CORRECTNESS: c)(7-17F Cl ORQJ: FIIKNOX, JR,; CI 'Y kNEY 8.43 MIAMI REVI1:W Arab BAIL" neon Publisted 6AOy except S8tur88y, Sunday Acid LegAl Ho11d0ys AJllaftii, ISAde tounty, Florid. StAtt oi= PLORIDA toUNty OF DMA: EefOte the uliderilgiied Authority petsOhAlly bp• bbe&red Sarah Wiill8h t, who oh oath Lays that She i1 the Weecfor a1 Legal Adver1l ing of the Mlaltil Review and bbiiy Record, 8 daily (eltcept S8turdb , Sunday and LegalHoIldbys) newspaper, published at MIArhI Ih bade County, Florida; that the Attached copy of 8dver• ftsement, being 8 Lepel Advertlseinent or Notice In the It fitter of crr? OP MIAMI. Re: Ord ihance No. 8843 XXXX In the Court, was published in said newspaper in the Issues of Sept. 211 1918 Affiant further says that the said MIemI Review and Daily Record ft a newspaper published at Miami, In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sun- day and Legal Holidays) and has been entered as second class mail matter at the post office In Miami, to said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflent further says that the has nest aid nor promised any person, firm or corpora• do an discount, rebate, commission Or refund for the ppu post of securing this adve=Ji11rattelpi,pu blication in "'said newspaper-1`ss tof C4J%1,,, 1 ( �T � • Swork arid NbOrlGe# fore meitt:a • - 7 21st • ,,,i : Se t • Notary,%• j_,WatGU'ilorict ``��L` life I. (SEAL) .r,r,u[N iVtt'l. . •, My Commission expires September, ,,,i�L•+° CITY OF MIAMi, DADE COUNTY, FLORIbA LEGAL NOTICE All interested will take notice that on the 14th day of September, 1978 the City Commission of Miami, Florida adopted the following titled ordinance: ORDINANCE NO. 8843 AN ORDINANCE AMENDING SECTIONS 54.36, 54.37, 54.39, AND 54.41, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY DELINEATING AREAS FOR THE PURPOSE OF REGULATING THE PLACEMENT OF, BUS BENCHES AND/OR BUS SHELTER STRUCTURES THROUGHOUT THE CITY BY COMMERCIAL ADVERTIS• ING COMPANIES AND BY PARTIALLY SETTING FORTH THE TERMS AND CONDITIONS OF ,THE AGREEMENT UNDER WHICH SUCH PLACEMENT -SHALL BE' AUTHORIZED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; RALPH G. ONGIE CITY CLERK CITY OF MIAMI, FLORIDA Publication of this Notice on the 21 day of September, 1978. 9/21 — M 092103 MR•57 OJ riAtt)Si tl. ‘t..!fert c,1 sN0 • • • . . : A! ,), r ,lt• ccitt1,0,.1 ..‘ p.thid)(' 41•r, St.‘4 k;r: %-,1t , 01,1g • ;•;•. t 1.9 • Yik), 1,;:" ' ffiti :1 City . 17,7 ■ ■ ■ ■ ■ ■ ■ ■EEE ■ ■ Joseph R, Grassie City Manager 74.t,.l'—�/ 1 .lip ?lark terril Assistant to the City Manager September 64 1978 Bus Bench Ordinance, Second Reading September 14, 1978 Commission Meeting The City Commission at their July 28, 1978 meeting passed the proposed Bus Bench Ordinance on first reading. That ordinance increased the total bus bench locations to 840, an increase of 315 locations as a result of permitting bus benches in all commercial areas with the exception of the Downtown areas that are zoned C-3. The attached list shows a breakdown of how this 60% increase affects each of the bus bench districts. On August 18, 1978 prospective bidders and bus bench company representatives attended a meeting regarding the proposed second bidding for bus stop bench proposals. The proposal specifications and the proposed ordinance were discussed in detail as re- quested by the City Commission. As a result of that meeting, the bus bench representatives made the following re- quests: 1. That the City delete from the proposal specifications the requirement that all bus benches not located on existing sidewalk be placed on a concrete pad. 2. That the proposed ordinance be changed to permit bus bench advertising on ar- terial streets containing not less than four lanes of traffic except where such arterial street is adjacent to an R-1, R-1B or R-2 zoned area. 3. No bidder will be awarded more than 2 of 4 districts except in the event there is only one bidder. 4. Remove any limitation on the criteria for determination of most advantageous bid in the proposal specifications. 5. Designate the quantity and location of potential transit shelters prior to • bidding on bus benches. I can recommend that requests #4 and =5 be accepted. The remaining requests, while not objected to by any of those present are not acceptable for the following reasons. The concrete pad referred to in request#1 was required because of the unsightly conditions that occur as a result of placing the bus bench on grass and weeds. The concrete pad can be precast and would not be required to be a part of the bench. It would have to be safely placed on level ground and weeds and grass would have to be maintained around the bench. Request 42 ~would allow additional bus bench advertising along heavily travelled arterial roads such as parts of South Bayshore Drive, Brickell Avenue, South Miami PP-242 EinK ti_ • IP 1■.111111Iuu1IIIIII1 milu i■II ■11■II•_III■IIII■ Bus Bench Ordinance, 5i'cond Reading September 6, 1978 Page Two • Avenue, 27th Avenue, 22nd Avenue, Biscayne Blvd. to name just a few. These benches would be placed outside of strictly R-1, R-1B and R-2 residential areas. Placing advertising in the higher density residential areas as provided by this request would permit advertising in areas where it is not otherwise allowed and would be out of character for these areas. Protecting the residential nature of these areas from commercial encroachment has been traditionally the role of zoning laws. To relax those zoning requirements that prohibit advertising within areas outside com- mercially zoned areas would tend to downgrade these areas from an aesthetic point of view. Request #3 proposes a condition that already exists. The Commission can, if they choose, split between 2,3, or 4 bidders. The request, however, wants the Com- mission to preagree to the two bid award concept. Obviously, this is a Commission choice. It should be understood that one of the considerations for the most advan- tageous bid is the type and appearance of the bus benches to be provided under the contract. The Commission may wish to establish a standard for street furniture to be provided by a single bidder. The second bidding for bus bench proposals has been delayed by consent of all pros- pective bidders until the Commission makes a determination on their requests. It is possible to begin the bidding in October with an award of contract in late November provided that an ordinance can be finally adopted. :o: III■•Iuiiiiiii.11 uiiiiiiliiiiu .■ Joseph R. Grassie City Manager -rill Assistant to the city MMii& ou JUL 20 1918 Bus Bench and Bus the1ter Advertising Ordinance On July 14, 1978, the City issued Addendum #3 to the Bid Proposal and Specifications for Bus Stop Benches. This addendum suspends the bidding process for the purpose of readvertising and rebidding on a larger area that may contain bus bench advertising. The attached ordinance reflects the changes requested by the City Commission during their meeting of July 13, 1978. This new ordinance will permit the City to contract for bus benches with advertising to be located in areas zoned C-1 and C-2 as well as C-4, C-5, I-1 and I-2. This will approximately double the areas where bus bench advertising may occur as compared with the previously considered ordinance,while keeping advertising confined to commercially zoned areas. Assuming that approximately 2,000 bus benches were permitted to contain advertising,the City would be entitled to require an additional 500 bus benches without advertising for the convenience of the public at bus stops where such advertising is not permitted. We have been informally requested to increase the number of required bus benches that would not contain advertising from 25% of the total commercial benches to 33%. The request comes from the attorney for the Bus Benches Co. This company now has 940 known benches in various parts of the City at the present time. Such an increase in the number of bus benches that would be required without advertising would operate favorably for the present supplier of bus benches and against any other company bidding for the contract. In addition, it would tend to reduce the revenue that each bidder could offer to the City. This ordinance, if adopted on first and second reading on July 27, 1978, would become effective on August 27, 1978, which is the approximate date we plan to receive new bids on bus benches. A minor change was made to the ordinance by removing bus shelter structures from the section that requires a minimum bid for bus benches. This provision is not applicable, since we do not know what the level of bidding for bus shelters should be. Such a provision can be easily added to bid proposal specifications when they are prepared. ■ 1■IIIIIu111111111111111Il imiiiii.ui . :Y Y rc !it:.•.$Y)N Joseph R4 OraSSie City Manager Mark Merrill Assistant to the City Manager Bt1s Beneh & 8t1s Bhelter Ordinance The Bus Bench Ordinance which is being presented for second reading at the July 13, 1978 City Commission Meeting makes several changes from the existing Article III, Section 54 of the City Code as follows: 1. Minor changes were made in the boundary descriptions of the four districts (The purpose of these districts is to allow the bus bench advertising bids to be divided among 4 bidders if desired). Removes the stated number of bus benches from the ordinance to provide enough flexibility to allow bus benches to be placed at MTA bus stops in areas zoned to permit bus bench advertising. . Makes the minimum bid $12.00 per bus bench. 4. Changes the term of the contract from one year to five years. Provides for a minimum contract that includes bus shelters to conform with a new Florida State Law that will allow bus shelters with advertising after October 1, 1978. Provides that on a contractual basis, bus benches with advertising would be permitted only in C-3, C-4, I-1 and I-2 zoned areas (This could be expanded to other zoned areas if the Commission elects to make such a change). The process as it would exist under the proposed ordinance would require a contract to provide bus bench advertising rather than a permit. By this arrangement the City can have bus benches without advertising placed in residential areas in numbers equalling 25% of those containing advertising, e.g., for every 1,000 bus benches with advertising, an additional 250 bus benches can be placed at bus stops of the City's choosing. In addition to placing bus benches at certain bus stops as a convenience to the public, the City will also receive revenue from the advertising. The minimum bid amount for 1,000 bus benches would be $12,000 plus an additional amount that would be ,T tatpd, spy ether-.success€u .;b'idcier':.• `� MIT,SiC:! Page 1 o 1 Joseph R. Grassie City, Manager phis ordinance does hot in any way Cbtiiit the City t6 plabi g bts benches at every bus stop in the City. We estimate that there are 525 locations where bus bench advertising may occur. In many of these locations it may be possible to place two bus benches. There are approximately 175 miles of bus routes running through the City of Miami, with an estimated 1,800 bus stops. Of these, approximately 30% would be in areas that permit advertising. Bicls for bus bench advertising are to be received by the City Clerk on Friday, July 14, 1978 at 2:00 p.m. The bidding was required by a court order requiring the City to allow all interested parties to bid for the right to place bus benches with advertising in the public rights -of -way within the City. Since 1971, only one company has been issued Miami permits for bus bench advertising. Their contract ran out in 1974, and the City has been extending the terms of that contract on a month to month basis in the hope that Dade County would apply for a Federal Grant to supply bus benches for MTA bus stops. This apparently is not likely to happen. It will be necessary for the Commission to adopt the proposed bus bench ordinance before entering into a contract resulting from Friday's bidding. AAYO1i AtID f;3=:.` :sty : CI THE I. TRANZViITTAL DATE i " t ... u • i i I. !'' ? • `! ."J r tF 10i?ANL)UM Mr, Uichard L, Fosmoe ' Assistant City Manager 7 , . "")") , lark Merrill Assistant to the City Manager. • June 73 1978 Rus Rench and Bus Shelter Advertising Ordinance for first reading Attached is an ordinance that will authorize the City to contract With from one to four bus bench advertising companies to place bus benches at Metropolitan Transit Authority (SMTA) bus stops. Only 80Y, of the total benches allowed would contain advertising. Presently areas zoned C-4, C-5, 1-1 and I-2 would permit bus benches with advertising. The remaining 2OF would be placed in other areas where bus benches are needed. Several changes were made to the Bus Bench Ordinance passed on first reading on April 27, 1978, which gives a little more flexability in preparing proposal specifications. Bus shelter advertising is also provided for in the Ordinance and will give the City a practical means of providing Miami's citizens with some protection from adverse weather conditions while they wait for MTA busses. A new state law has been passed by the Legis- lature that should allow bus shelter advertising beginning in October, 1978. 1 11•1-