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Ordinance
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3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00069 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING CHAPTER 54,
"STREETS AND SIDEWALKS," ARTICLE III, "BUS BENCHES," SECTION 54-86
THROUGH SECTION 54-94 OF THE CODE OF THE CITY OF MIAMI, FLORIDA;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, because Florida Statutes, Section 337.408 already contains a provision for the
regulation of benches, transit shelters, street light poles, waste disposal receptacles, and modular
newsracks within rights -of -way, the need for a local Ordinance addressing the same issues is not
necessary; and
WHEREAS, the Miami City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to
repeal Sections 54-86 through 54-94 of the Code of the City of Miami, Florida, as amended ("City
Code");
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 54, "Streets and Sidewalks," Article III, "Bus Benches," Section 54-86 through
54-94 of the City Code, is amended in the following particulars:{1}
*
ARTICLE III. BUS BENCHES*
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE III. BUS BENCHES
* * *
v. Bus Benches Co., 174 So. 2d 49.
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File Number: 07-00069
Sec. 51 87. Basis for placement.
Benches and/or shelteF structures located at bus stops to provide convenience and to
and/or shelter structuroc advertising mossagec can be placed, subject to applicable rules, regulations,
Sec. 64 88. Bid restrictions.
chall be not locs than that cot by tho city managor. The bid chall be for all oxicting and/or prospectivo
bus benches of which at the option of the city up to 20 percent may co
than that set by the city manager. The bid amount shall include all shelters whether containing
Sec. 51 89. Term of agreement.
and placement in public right of way
transportation corridors other than Coral Way, shall not be uced for display purpoces.
Sec. 51 91. Location.
Sec. 51 92. Inspection and maintenance.
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File Number. 07-00069
the -city.
Sec. 5,1 93. Size.
No shelter shall be more than 86 inches high, or more than 60 inches wide, or more than 13
Each bench andlor shelter shall have displayed thereon in a conspicuous place the name,
to in city Code sectien 54 90.
*
Section 3. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. If any Section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty days after final reading and adoption
thereof. {2}
APPROVED AS TO FORM AND CORRE NESS:
(r.,I
JORGE
CITY A 'TI RNEY
Footnotes:
{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.
{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.
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