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HomeMy WebLinkAboutO-08306ORDINANCE NO,_ AN ORDINANCE AF>FE`iDIMG ARTICLE 11i or". CttApTER 54, ENTITLED "BtJS P EtvcHES " y SECTIONS 54 - 3 6 THROUot# 54-49 OF Ti :1 CODE OF THE C/TY OF MIAMi ► i3 REPEALING SCCTtoNS 54-36 T ROuOu 54-49 AND BY 5085't'ITuT/NG NEW SECTIONS 54-36 54-37, 54-39, 54-41, 54=42;.54-43 54-44, 54-45 ahcl 544 G; . FURTHER DEI,ETt NG SECT I ONS 54-40 AND 54-49.IN THEIR ENTIRETY; I•'(,i1TItit. PROVIDING MAT ARTICLE . T I :t OF CHAPTER 54, ENTITLED "8U5 BENCHES" BE AMENDED BY RnutRINC; THE PERMISSION OF THE CITY MANAGER FnR HE PLACEMENT of BUS BENCHES IN rnttE CITY; FURTHER PROVIDING THAT THE CXTY on MIAMI tit DIVIDED, INTO FOUR (4) DISTRICTS; FURTHER PROVIDING THAT A MINIMUM BID BE REQUIRED I'OR VACH OF THE FOUR (4) DISTRICTS; 1'URTHER AMENDING AND MODIFYING THE 1AGt:EEMENT REQUIRED BETWEEN THE CITY AND THE COMPANY; . REPI 'ALI Fdr3 ATI ORDINANCES, CODE SECTIONS OR PARTS THEREOF 1. N CONFLICT HEREWITH; PROVIDING FOR ITS TNCF,USTON IN THE CODE; CONTAINING A SEVERI\F3ILT.'I'Y PROV: =;ION; PROVIDING FOR AN EFFECTIVE DATE; DECLARING THIS ORDINANCE TO 13E \N EMERGENCY MF A: URE; DISPENSING WITH THE REQUIREMENT OF I:E?\!)ING THE SAME ON TWO SEPARATE, 1V\yS BY A VOTr'•. OF NOT LESS THAN FOUR --FIFTHS OF THE MEMBERS OF THE COMMISSION. BE IT ORDAINED BY THE COMMISSION or THE CITY OF..MIAMI, FLORIDA: Section 1. Article III of Chapter 54, entitled "BUS BENCHES", Sections 54-36 through 54-49 of the Cci.:ie of the City of Miami is hereby repealed and new Sections 54-36,'54-37, 54-39, 54-41, 54-42, 54-43, 54-44, 511-4" and 54-46 arcs hereby Substituted to read as follows: ,r ' arrlum , for a lnirl tmum Sod. S4 1t Permission of City Mahnctet. it shall be thl.aa fUt for anyone to place a bericih upon ahy public thorolgh f are of thi. s city, ', to be used for cotnhereial or ndvet, ising prises, WithoUt having first obtni_ned iertrii:;siot1 Sb to do from the City mtthayo . Sec. 54..37. Districts, The City of Miami shall be divided into four (4) districts, described as follows: 1. District 1. Allof the City west or 27 Avenue and North of S . tv . 8 Street, e>`cludittg 27 Avenue and S . W 8 Street. 2. District 2. All of the City east of 27 Avenue, North of Flagler Street and South of 36 Street, including Flagler Street and including 36 Street. 3. District 3. 411 of the City east of 27 Avenue and north of 36'Street, including 36 Street and including 27 Avenue. 4. District 4. 411 of thc' City south' of S. W. 8 Street: and south of F 1 .igi r r SEreet and 27 • Avenue, cxc.t udi.ng F.t agle!. S t i eet and S. W. 8 Street and that: portion of27 Avenue between Flagler Street and S Sv. 8 Street Bid specifications shall be made so a Company can bid on o.ie or all of the four (4) districts. Sec. 54--39. Same -Minimum bid. There shall be required a minimum acceptable bid, in accordance with Section 53 of the Charter for each of the four (4) districts desc::.ibed in Sec. 54-37 as follows; 1. District 1. $2,600 per annum, for a minimum of 212 bus benches. 2, District' 2. $ 5,800 per ; ►nuurn, for a minimum of 482 Lus benches. 3. District 3, $2, 900 per annum, for a minimi'm of 239' buy. benches 4. District 4. $6, 300 of 522 bus benches. No more thah SO% Of the bus benches ih each district shall Contaih c'omMerci7l c.idVertising. Cane, -half of the behches without commercial adVertising may be used for public service i►t- formation pertaining to non-profit objectives, The dedision aS to the designation of a public service bats bench in the event of a disagreement shall. rest , solely in the diScretion of the city manager whose decision shall be final. Sec, 54-41,'Same-Duration. The term of the agreement shall commence on December l and expire on November 30 of the year of the expiration of the contract. Sec. 54-42. Agreement required. The following agreement shall be entered into between the company and the city: "NOW, THEREFORE, IN CONSIDERATION OF THE . PRE- MISES AND OP THE MUTUAL COVENANTS AND UNDER-- '.I',11'.INGS HEREINAFTER. CONTAINED 13Y THE PARTIES tirR.tT0, TO BE OBSERVED AND PERFORMED, . AND OTHEk GO:.)D. AND VALUABLE CONSIDERATION, THE PARTIES fit;1U:1iO D0 BIND THEMSELVES HEREBY AND AGREE AS FOLLOWS, TO WIT: "Section 1. The CITY OF MTAMI , herein referred to as the 'CITY.' grants to hereinafter ref:er_rec to a.:. the 'COMPANY' the right to install bus benches issued by the CITY: at bus stops in districts .designated by the CITY. as requiring bus benches for the convenience of the traveling public throughout the City of Miami; subject to the provisions hereof, this contract shall commence on and expire "Section 2. Bus benches shall be placed at all legal bus stops as designated by MTh (Metropolitan Transit Authority) subject to the City's criteria and requirements for the location of bus bunches within the public right:. -of: -way. Bus benches will be removed by the Company upon . lainl notified that: they cio not meet: the City's criteria and re.-uire- nient a. The Company will pay to the City a per an:u:n fee (to be determined on a bid ba:l.i.:.), for the; lire of this contract ar, as long a.L1 ,iucb bus bench remain$ in ,such location, "Sec.l.:i.on '3'. 'Ihi.! comp:thy .v i 1 1 c.-c7t;;lr1 t i.i t, it bade county ,Contmi ::si an No. (,2:i t) ,,:-; anteticlJd,' 0i-di n.tnce No, 63-11; is do :: t. )Lli.i i . as part of Section 3,12 nL t ho 1). dt' .c'utrttt y Code i.t.. relates to the special 1?ro`,'.1 s} e:ttt: 1 t'l=•.`::;1.5' 1 tltJ riqhts-of-.t.,att' de:i:itlttat:.eci i'r o 7cts as : determi.nod by the bedai tm .it. 'of -Trap p.::rLaLioii. t ect.ion,.4, The Comp:thf% e agres that no dvc�r Li sing wi 11 be' perri t Led , on bus h:2nrhE' -: l or•rt t:ed on rights-+.�.l-tasty or easements abutting -property zoned R-1 or R-2 and Ci ty of Miami. public property or property uset1 by the Ci t.y of Miami t:or. public pur- poses . No ' ndvertis.ing tltal_1 be nil.o.•ed on bus benches 1 dated on nnyst roet Cat' si leWa1k area then such streot or ,.i.dcwalk area abuts ony prc,pt>rty owned or utilized for municipal or. l?tibtic purposes, "Section 5. The,: Company agrees not Lo place bus .benches on privaLe property in lieu of. placing. such benche:On .the public r i Rht:-cif-•v.ay where vehicle appurtenances -in the public right -Of -way would create vehicular or pedestrian hazards,- w i, t pout first obtain- ing perntif:,sion :from the Ci t.y of tti,tmi. for such alter� nate location. "SeLL1 on 6. For a i. _ bus , bench :t ocrtti oils des.i.yna t ed by the .City , the sa:.d Company will, pay to the City a sum as hereinafter provided each yoar during. the life ' of this contract. No bus b:inch shai] be iltstallecl at a locution dkisi 1nted and identified by , the City ullti.J and Unless f=i.rsL approved by the City. "Section 7 ,D.atailed , plaits and specifications of each' bench slirall ' be supplied by the company i f requested by the C:i.ty .attd particularl,•, where ,'ny modification is required to 'Feet the intent of ihi? City Code governing bus bench installation. Sec. 54-43. Loc.ttion.• No bench shall be placed so that t.h- angle of its ion--; dimension, in r,ilat i on to the curb lino, shall be greater than thirty degrees. No bench shall be placed closer than eighteen incites to or further., than thirty .inches from the face of the curl', unless the city 'kaii. qor oNpress.ly authorizes a, devi:lt i,ha fi'Um tllvso t eklui ri'ttloIlt"s. bench placed on any pact, of a sidewalk shall leave at least two and one-half (2t) Feet: of clearance• i of pedestrian t r4iflo . Sees. 54-44: .t,t i tit:s:aancc, The Company shill maintain each beh0i, t t times in a sai, condition and atits proput a nd 'lawf:i.il tocatiun raid. thi y, shall i.n:.0ectL each l,ctic:ir ty and'tm intiiin the area Etoocf Wssc'+1:;. and :sL tro.vt:h cif gt'asS . .Seta 54j4 4 Size No bench shall be more than forty- 'i: o inches high nor more than Lwofeet i six inches w.i a�.�, not more than seven feet_. long, Sec. 54-46. Name of Company to lei? displayed, Each bench shall have displayed thereon in a conspicuous place the name of the Company. Section 2. All ordinances, code sec -ions, o,: parts there of in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 3. If any sert i can, sontence, clause, phrase, word of this ord nonce is for any rt'ason held or declared to be iun- constitutional, inoperative, or void, such holding or,' inva1,idity st-.a ll. not. affect t:he rema i n i ngg . port ioii of this 3rdi rianct_'; and it shall. be ' co2i...trued to .have been the i.ntrnt- .of tho Commission of the City of Miami to pass this ordinance witlu)UL such unc::r)nstitu- t i orlal, inva i. i d, . or inoperative part thQre,in, and the remainder inder of this ordinance, after the exclU ion of such part, car .part s .shall be deemed and' held to be valid as if such, parts had not been included therein. Section This ordinanco ,hall berme i,ftective thirty days after the passage of. same.. Section ¶ . This ordinance is heroby dec.Larc1 Lo-bo an emergency measure on the . ground of urov nL . pii1)1. i c hoed for the preservation of pence, `health, safet.v, attci. p oporLy in the City of Miami. Section 6. The requi:cement of reacinq thin ordinance an tW separate days is hereby diapenaed with by a vote of 1k t leas than four fifths of the members of the Com+iaaion 3 PISSED AND ADOPTED this 21th say of Septe"ber►1094. H.D. SOUTHERN Cm7'Z CLERK MAURICE A ?ERRS. MAYOR MIAMI REVIEW ANti bAiLY titeot b Put l& cd baily except Saturdays Sunday ttitd Legal !/oUday'r »ll,tl, bade County, )'lordu'd STAtE OF FLORIDA COUNTY OF BADE: ' before the .undersigned authority personatiy hp- ppeared Martha Drobnie. who on oath soyS that She iS the. V.P-, Legal Ads 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 edver• ttsetnent, being a Legal Advertisement or Notice In the matter of City of Miami? Florida Re: ADOPTION OF Ot DINANCI NO. 8306 in the 'XXX Court, was published in said newspaper in tha Issues of October 3 r 1974 Affiant further says that the said Miami Review and Daily Record is a newspaper published at Miami, In said Dada County, Florida, and that the said news• paper has heretofore been continuously published in said Dade County. Florida, each day (except Saturday. Sunday and Legal Holidays) and has been entered as second class mail mattes et the post office 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 afftant further says that she has neithet paid nor promised any person, firm refundpfor the purposes ofusecuringtthcommission or is advertisement for publication in the said newspaper. ' (SEAL) My commission expire A. Sw•Tn't a d bsoli c o 'ctober'��' e this 917 4 .—il: fY. e•`��r t •" Ruth Gla� Note PUbfic, State p lgrl4 at Large.; \ tk,{J }tp, tits, tit' iIt %tt;' .. 'Lot tt1C tS'I'FLOittDA I. :a.lL \tlttct: Alt interested will ta$ a notlre th•+t on the 27th elay nt Septem= , ben« iil7t; the CcmmlOtrin nt the.. City of (Miami. Florida adipted an Odinanre entitled . AN ORDINANCE OF ARTICLE IIi OF CHAPTER, ' -1, ENTITLED "13US. ' BENCHES". SECTIONS 5t-36 " THROUGIH, :1•t3 'OF_ ,.`TI-tE , 'CODE OF THE CITY OPMt- AMI. BY REVEALING SEC- 'MONS 5443 THROUGH 51.19 AND i3Y SUBSTITUTING NEW SECTIONS ' 51•36. tii-ai o t-33, :rt-Id. o f--12 b4-43. i4-14; 5l.4?i nni• 54-46: Ft'13•P11ER ,DELETING . SECTIONS E.1-10 ANO 51.49 , THEIR EN- TIRETY: FURTHER,- PRO- VtD1NG THAT ARTICLE III OP CIi APTE.R 51. ENTITLED `-BCS SFNCIIF.S" BE AMENDED ' BY REQUIRING THE PERMISSION CF. THECITY TANAGER FOR .THE Pt. ACEMENT OF BUS BENCHES IN THE 'CITY: FURTHER PROVIDING THAT THE CITY OF M'A-\iT BE DIVIDED INTO:: FOUR' It) D':STRICTS: FURTHER P7O- VIDING THAT A MINIMUM BID )3E • •REQUIRED FOR EACH OF.THE FOUR (I) DISTRICTS: F U R T H E R AMENDING AND MODIFY- ING THE AGREEMENT RE- QUIRE') •BETWEEN TIIE CITY AN?) THE: COMPANY:' REPFALING' 1 L t. ORDI- NANCESr CODE SECTIONS OR PAPTS THEREOF LN CONFLICT HEREWITH: R'O- V:DING FOR ITS INCLUSiON IN THE CODE: CONTAiNING A SEVERABILITY PROM- SION : r PROVIDING - FOR AN ,EFFECTIVE DATE: DE- CLAP.ING THIS ORDINANCE, TO' BE - AN ENIERGENCti i\1 E A S U R E: ' fl2SPFNSING RVITH THE . REQUIREMENT OF READING THE SAME ON TWO SEPARATE. DAYS. BY 'A VOTE OF NOT LESS THAN FOUR -FIFTY'S OF THE :\fEM- ...BEES OF -THE COMM SSION. tt htetr is designated' Ordinance No. i•396. 11. D. SOUTITERN ' CITY CLERK CITY OF MIAMI, FLORIDA Publication of this-. notice 'on , 1 the St d day of Otlaher, l: i i. ertuG . `~; :►I�'IOIle'r MO*eb' c5.i/m44 ORDINANCEMO:_ 80.4 A4 ORDINANCE AMENDING ARTICLE III OF CHAPTER 54, EDTITLED "BUS EENCHW, SECTIONS 54:16' :'THROUGH 54-4 9 OF THE CODE OF THE CITY OF MIAMI.y BY REPEALING SECTIONS 5436 THROUGH 54-=49 AND $Y 80t8 'I'I'UTIN'G' STEW SECTIONS 54-37, 54 39, 54 4i, 54,42; 54G43, 54-44, 54�45 and 54-46; FURTHER DELETING SECTIONS' 54-40 AND 54-49.IN THEIR ENTIRETY; FURTHER PROVIDING THAT ARTICLE III OF CHAPTER 54, ENTITLED ".$US BENCHES" BE AMENDED BY REQUIRING THE PERMISSION, OF THE CITY MANAGER FOR THE PLACEMENT OF BUS BENCHES IN THE.CITY; FURTHER PROVIDING THAT THE CITY. OF MIAMI BE DIVIDED, INTO HOUR (4) DISTRICTS;FURTHER PROVIDING, THAT A MINIMUM BID BE REQUIRED FOR EACH OF THE FOUR (4) DISTRICTS; FURTHER AMENbING AND MODIFYING THE AGREEMENT REQUIRED BETWEEN THE CITY:AND THE COMPANY; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING FOR ITS INCLUSION IN THE, CODE; CONTAINING:A SEVERABILITY PROVISION; PROVIDING FOR AN EFFECTIVE DATE; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE DISPENSING WITH.THE REQUIREMENT OF READING THE SAME ON TWO SEPARATEDAYS BY A VOTE OF NOT.LESS THAN FOUR -FIFTHS. OF THE MEMBERS OF THE COMMISSION. BE IT ORDAINED BY THE COMMISSION OF THE CITY,OF MIAMI, FLORIDA: Section 1. Article III of Chapter 54, entitled "BUS BENCHES", Sections 54-36 through 54-49 of the Code of the City of Miami is hereby repealed and new Sections 54-36, 54-37, 54-39, 54-41, 54-42, 54-43, 54-44, 54-45 and 54-46 are hereby substituted to read as follows: Sec. t41a36= permission of City Mahaget it shall be unlawful for anyone to peace a bench upon any ptiblic thorotighfare of this city,. to be Used for conmetcial ok edvertisitzg purer poses, without having first obtained permission so to do from the, city manager. Sec. 54=37. Districts. The •City of Miami shall be divided into four (4) districts, described as follows: 1. District 1. All of the . City west of 27 Avenue and North of S W. 8 Street, excluding 27 Avenue and S. W. 8 Street. 2. District 2. Allof the City east of 27 Avenue,, North of Flagler Street and South of 36 Street, including Flagler Street and including 36 Street. 3. District 3. All of the City east of 27 Avenue and north of 36 Street, including 36 Street and including 27 Avenue. 4. District 4. All of the City south of S. W. 8 Street and south of Flagler Street and 27 Avenue, excluding Flagler Street and S. W. 8 Street and that portion of 27 Avenue between Flagler Street and S. W. 8 Street Bid specifications shall be made so a Company can bid on one or all of the four (4) districts. Sec. 54-39. Same -Minimum bid. There shall be required a minimum acceptable bid, in accordance with Section 53 of the Charter for each of the four (4) districtsdescribed in Sec. 54-37 as follows: 1.: District 1. $2,600 per annum, for a minimum of 212 bus benches. 2. District 2. $5,800 per annum, for a minimum of 482 bus benches, 3. District 3.: $2,900 per annum, for a minimum of 239 bus benches,. 4. District 4, $6, 300 per annum, for a minimum of 522 bus benches. No More than 80% of the bus benches ih each district shall contain commercial advertising One 'half of the benches without coMmerdial` advertising may be Used for public service ih forMation pertaining to hoh'profit objectives. The decision as to the designation of a pubiid service bus bench inthe, event of a disagreeMeht shall rest solely in the discretion of the city manager whose decision shall be final. Sec. 54-41. Same Duration. The term of, the agreement shall commence oh December 1 and expire on November 30 of the year. of the, expiration of the contract. Sec. 54-42. Agreement required. The following agreement shall be entered, into between the company and the city: "NOW, THEREFORE, IN CONSIDERATION OF THE PRE- MISES AND OF THE MUTUAL COVENANTS. AND UNDER- TAKINGS HEREINAFTER CONTAINED BY THE PARTIES HERETO, TO BE OBSERVED AND PERFORMED, AND OTHER.. GOOD AND VALUABLE CONSIDERATION, 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 issued by the CITY at bus stops in districts designated by the CITY as requiring bus benches for the convenience of the traveling public throughout the City of. Miami; subject to the provisions hereof, this contract shall commence on and expire "Section 2. Bus benches shall be placed at all legal bus stops as designated by MTA (Metropolitan Transit Authority) subject to the City's criteria and requirements for the location of bus benches within the public rights -of -way. Bus benches: will be removed by the Company upon being notified that they do not meet the City's criteria and require- ments. The Company will pay to the City a per annum fee (to be determined on a bid basis), for the life of this contract or, as long as such bus bench remains in such location.' ''8ecti.on 3: the Company willdamply, with the bade. County Commission Ordihanee I4o, 6240 as amended, ordinance NO, 63-18 which is now dodified as part. of Section 3-12 of the bade County Code as it relates to the special provisiohs involving rights -of -way designated as Federal Aid Projects as determinedby the Florida bepartnent of Transportation. "Section 4. The Company agrees that rio advertising will be permitted on bus benches located on rights -of -way or, easements abutting property zoned R-1 or R-2 and City of Miami public property or property used by the City of Miami for public pur- poses. No advertising shall be allowed on bus benches 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 not to place bus benches on private property in lieu of placing such benches in the public right-of-way where vehicle appurtenances in the public right-of-way would create vehicular or pedestrian hazards, without first obtain- ing permission from the City of Miami for such alter- nate location. "Section 6. For all bus bench 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 shall be installed at a location designated and identified by the City until and unless first approved by the City. "Section 7. Detailed plans and specifications of each bench shall be supplied by the Company if requested by the City and particularly where any modification is required to meet the intent of the City Code governing bus bench installation., Sec. 54-43..Location. No bench shall.be placed so that the angle of its long dimension, in.relation to the curb line, shall' be greater than thirty degrees. No bench shall be placed closer than eighteen inches to or further than thirty inches from the face of.the curb, unless the City_Manager expressly authorizes a deviation from these requirements. Any bench_ placed on any part of a sidewalk shall leave at least two and one-half (212) feet of clearance for pedestrian traffic, Seo: 54 44s Maiftehafide The Company shall maintain eadh bench at ati times in a safe condition and at its proper acid lawftt�. 1Ooation and they shall inspect eai h bench periodical iy and Maintain the area free of Weeds and overgtowth of,gtass. Secs 54w-45. $ite No bench shall be more than forty=two inches high not more than two feet, siX inches Wide, nor more than seven feet long. Sec. 54-46. dame of Company to be displayed. Each bench shall have displayed thereon in a conspicuous place the Name of the Company.. Section 2. All ordinances, code sections, or parts there- in conflict herewith, insofar as they are in conflict, are hereby. repealed. Section 3. If any section, sentence, clause,' phrase, or word of this ordinance is for any reason held or declared to be un- constitutional, inoperative, or void, such holding or invalidity shall not affect the remaining portions of this ordinance; and it shall be construed" to have been the intent of the commission of. the city of Miami to pass this ordinance without such unconstitu- tional, invalid, or inoperative part therein, and the remainder of this ordinance, after the exclusion of such part or parts shall be deemed and held to be valid as if such parts had not been included therein. Section 4. This ordinance shall become effective thirty days after the passage of same. Section 5. This ordinance is hereby declared to be an emergency measure on the ground of urgent public need for the preservation of peace, health, safety, and property in the City of Miami. Sectioh'The regUiteheht of reading this. otdihahce Oh two separate day is heieby di spetised with by a dote of hot less than fora fifths of the tnetnbers of the CoMmissioh, PASSED AND ADOPTEb this r1th day of Septet er ► i974. k PREPARED AND APPROVED BY: Mikele Carter Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: John S. Lloyd City Attorney