§ 18-122. Grandfather clause.

(a)

Metropolitan Systems, Inc. agreement.

(1)

The contract with Metropolitan Systems, Inc. for the installation of transit bus benches, advertising on benches, and benches located within or in connection to transit shelters which was entered into on December 14, 1981, without public bidding, is ratified and affirmed until the expiration of the term of the contract on December 13, 2011. Such benches may not interfere with right-of-way preservation and maintenance and must meet the safety guidelines as defined by the county and the State of Florida.

(2)

Any transit bus bench placed pursuant to the Metropolitan Systems, Inc. agreement that was in service prior to January 7, 2008 may be replaced if the bench is damaged, destroyed, or otherwise becomes unusable. Each transit bus bench replacement must meet the design and placement requirements of this article.

(3)

Within thirty (30) days of the expiration of the contract with Metropolitan Systems, Inc., Metropolitan Systems, Inc. may apply for a right-of-way utilization permit for each location where it presently has a transit bus bench. All transit bus benches belonging to Metropolitan Systems, Inc. shall be in full compliance with the provisions of this article by the end of the thirty (30) day period mentioned above. Failure of Metropolitan Systems, Inc. to apply for permits will result in those locations being available for inclusion into future transit bus bench provider solicitations.

(b)

Other agreements.

(1)

By enacting this article, it is the intention of the county that the remaining contracts with bench providers be terminated, in accordance with the terms of said agreements.

(2)

All transit bus benches belonging to the aforementioned bench providers must come into substantial compliance with the provisions of this article, as the compliance applies to safety, within thirty (30) days of its adoption and in full compliance with the provisions of this article within three hundred sixty-five (365) days of its adoption. In the event of noncompliance with this section, the county reserves the right to remove the noncompliant benches, charge the associated costs for removal to the bench owner, and hold the noncompliant benches for a period of fourteen (14) days, after which time, if the benches remain unclaimed, the county may dispose of same as deemed appropriate.

(Ord. No. 10-12, § 3, 6-21-10)