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Home My WebLink AboutPre-Resolution1J-01-171 5/10/01 • • RESOLUTION NO.O1 4 4 9 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 HAIT1 BOUNDED BY NORTHWEST 54' 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 reconstruction, installation, dismantling, testing, repair and City's public rights -of -way, the erection, construction, operation, maintenance, use of pay telephones in the to ensure conformance with the C" .1 ") hl .• ;,,ice �:,�i'�ib' CITY COMMISSION M'GCT'17G OF `ry `�jr,1 � ' 11 Iw+wi.uiwi Wu. 01— 44_ m • • 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 54th 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 pay telephone enclosures increased costs of the new standardized and that solely for the purposes of this one year pilot program, advertising consisting 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 01- 449 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 advertiE:ing revenues for the privilege of participating in the pilot program as specified in attached "Exhibit A"; and WHEREAS, the City has determined, and the Corporation has agreed, that the color of the entire new standardized pay telephone enclosures, including mounting hardware shall be consistent with the color approved for New::racks 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 "Streets and Sidewalks, Use of the Public Rights -of -Way for Installation of Pay Telephones"; Page 3 of 5 01- 449 DI�II y4 • 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 01 44 R 1111111L421, Y ATTORNEY W5103:YMT:BSS • Section 4. The City Manager is authorized-1/ to execute any necessary documents, in a form acceptable to the City Attorney, for said purpose. Section S. This Resolution shall become effective immediately upon its adoption and signature of the Mayor! PASSED AND ADOPTED this l0th day of May , 2001. JOE CAROLLO, MAYOR M apotintkatce wtth Miami Code Sec. 2-36, since the Mayor did not indicate approval of this talsdiatkin by signing it In the designated pia. • provided, said Iegislctir ATTEST: bet+,ics Effective with thn •*I*..pan of ten {10) ys .rn the ` •mmissi ns;ardirrq same, without the Mayor tocercis WALTER J. FOEMAN CITY CLERK APPROFORM AND CORRECTNESS R LARELLO 44714 alter J. .! ' n, y Clerk 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. If the Mayor does not sign this Reaolution, 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 01- 449 mama EXHIBIT As -IXIII;it I\ !lilt /111111\it 1111 \( c11;I111;1lIrI\ \ttr4 rVtt'lIrrlt t4lxi1't\1 '.1 t,7. ',.. •. 1 ,, t. ....1, Jtl II .,,,ri I , I r • , t . 1 ' • .• - • 1 , . , r . 1 , . 1 t 1 1 1 • I t 1 . , t ,1 . ••, ..... ,... February 19, 2001 SENT CERTIFIED MAIL 7000 0520 0017 9142 3106 City of Miami Attn: Mr. Carlos A. Gimencz, City Manager 444 SW 2m Avenue l Os' Moor MIerni, F133130 Re; Atvertisiag. Pay Telephone Kiosk Dear Mr. Gimenez: 1 am writing to on behalf of First American Telecommunication Corporation regarding our meting 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 rtsatcrial/sig„nagc that is currently placed on the kiosk's are from "national" companies covering clothing & accessories to financial organizations, etc. Pursuant to our discussions with your stall. First American has agreed to limit the advertising as follows: a) Only national or local (Miami) companies will be displayed on the cnciosures. b) First American will not advertise events outside of Miami and its surrounding areas. c) First American will not advertise Tobacco or Liquor on the enclosures. d) Firs American will work with the City 10 control content if movie advertisements are placed on the enclosure. e) First American will allow the City to pain events. public service messages, etc. at a designated area inside the enclosure. 1570 ea In addition, First American will compensate the City at a commission of inks of the advertising revenue above and beyond all fees stipulaiod in the Ordinance regulating pay telephones on the City right of way. If you have any questions or concerns, please feel free to contact me at the above address, phone or a -mall. Sincerely. Goan Dragoslavtc .° President cc: John Jackson, P.E., Director, Public Works. City of Miami GL)/ijc ze aodd -11.,.,:,1;., nt'••r 1n.r.m. r4rrrv•11 .,,.,• Ir naVf I4,lu'r•r•tl,m, eIrYlllld•" NVOia3wo 1SbId P1rLrZSt' 6 01- 44; 6e:t•T TOK/81/00