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HomeMy WebLinkAbout2010 09 13 Regular 602 Resolution 2010-43 Sponsorship Funds For Light Post Banner Program COMMISSION AGENDA Consent ITEM 602 Informational Public Hearing J Regular q�) September 13, 2010 MGR. /DEP Regular Meeting Authorization REQUEST: The City Attorney and City staff requests that the City Commission consider approval of Resolution No. 2010 -43, authorizing the City to solicit sponsorship funds to help off -set the costs of the City's existing light post banner program and establishing an administrative policy for incidental sponsorship acknowledgments on light post banners. SYNOPSIS: In accordance with City Commission directive, the City Attorney and City staff have prepared a resolution establishing an administrative sponsorship policy for the light post banner program, which is intended to generate funds to help off -set the costs of Tight post banners. Resolution 2010 -43 authorizes the City to solicit sponsorship money to help fund the light post banner program established by Resolution 2009 -29 and establishes administrative policies and procedures for placing incidental sponsorship acknowledgments on light post banners. CONSIDERATIONS: 1. Resolution 2010 -43 authorizes the City to solicit sponsorship money to help fund or off-set the costs of the existing light post banner program established by Resolution 2009 -29. The City is additionally authorized to place incidental sponsorship acknowledgments on detachable portions of light post banners. 2. Pursuant to Resolution 2010 -43, sponsorship acknowledgments on Tight post banners must be incidental to the primary theme of the banner, and shall be limited to only the sponsor's name, corporate logo, and the words "City Sponsor" or "Proud Sponsor ". The incidental sponsorship acknowledgment must cover no more than twenty -five percent of the entire banner surface on each side of the banner. 3. Pursuant to Resolution 2010 -43, the City may determine, in the City's sole discretion, at which light post banner locations authorized by Resolution 2009 -29, if any, the City may install incidental sponsorship acknowledgements on a detachable portion of the banner(s). The acknowledgments are set forth on detachable portions of the banner such that the City may remove and replace acknowledgments as needed by the City. REGULAR MEETING - SEPTEMBER 13, 2010 REGULAR AGENDA ITEM "602" PAGE 2 OF 2 4. Resolution 2010 -43 establishes a system of Sponsorship Tiers for levels 1 through 6, based on the amount a sponsor donates to the City. Based on the sponsorship level, the City may place sponsorship acknowledgments on a specified number of banner(s) for a specified time period. For example, if a sponsor donates $5,000 to the City, the sponsor is a Level One sponsor, and may be acknowledged on up to twenty-six (26) light post banners for 12 months. In comparison, if a sponsor donates $100 to the City, the sponsor is a Level Six sponsor and may be acknowledged on one light post banner for six months. FISCAL IMPACT: The precise fiscal impact is yet to be determined. It is intended that the City will receive increased revenues to help offset the cost of operating and maintaining the City's light post banner program established by Resolution 2009 -29. RECOMMENDATIONS: The City Attorney and City staff recommends that the City Commission approve Resolution 2010 -43, establishing an administrative sponsorship policy for the light post banner program ATTACHIVIENTS: 1. Resolution 2010 -43 RESOLUTION NO. 2010-43 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS FLORIDA, ESTABLISHING ADMINISTRATIVE GUIDELINES FOR THE CITY'S LIGHT POST BANNER PROGRAM; MAKING FINDINGS SUPPORTING SPONSORSHIP OF THE CITY'S LIGHT POST BANNER PROGRAM; AUTHORIZING THE CITY TO ACCEPT SPONSORSHIP MONEY IN FURTHERANCE OF THE CITY'S LIGHT POST BANNER PROGRAM; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE. WHEREAS, the City Commission hereby desires to establish administrative guidelines for the City's existing light post banner program ( "Administrative Policy "); and WHEREAS, the intent and purpose of the Administrative Policy is to support the City's efforts to beautify the City and its streets by displaying seasonal and non- seasonal decorative banners, to inform the public about and promote community public events, to inform the public about City programs, and to promote the City's image, history, and heritage; and WHEREAS, it is further the intent and purpose of the Administrative Policy to enhance the City's ability to communicate with the general public and therefore, the City will have complete editorial control over the design and content of the banners that are publicly displayed pursuant to the Administrative Policy; and WHEREAS, it is also the intent and purpose of the Administrative Policy to allow the City to promote its views and therefore, it is not the intent and purpose of this Resolution to allow private or other parties to install banners at signalized intersections; and WHEREAS, it is also the intent and purpose of the Administrative Policy to allow the City to solicit sponsorship funds to help offset the cost of the City's existing light post banner program; and WHEREAS, the City Commission desires that the Administrative Policy be construed as "government speech" and not as a public forum under the First Amendment; See, e.g., City of Pleasant Grove v. Summun, S.Ct. 1125 (2009) (Placement of a permanent monument in a public park viewed as government speech and not subject to First Amendment scrutiny); Wells v. City and County of Denver, 257 F. 3d 1132 (10 Cir. 2001) (City acted within its rights to control the contents of its own speech by prohibiting private holiday display on steps of city building); and WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Findings. The City Commission finds that the use of existing public infrastructure (traffic signal mast arms) for purposes of erecting public banners is a low cost and effective way for the City to communicate certain City messages to the general public that travel on City roadways. The City Commission hereby further finds that adopting an Administrative Policy allowing the City to solicit sponsorship funds to fund or help offset the cost of the City's light post banner program, and establishing guidelines for same, will give the City additional means by which to communicate and promote (i) seasonal and non - seasonal themes related to on -going community-wide beautification efforts; (ii) promoting community and special events to be held within the City; (iii) promoting City sponsored and co- sponsored programs; and (iv) promoting the City's image, history, and heritage. Section 3. Authorization to Seek and Accept Sponsorship Funds for Off - Setting Banner Costs. The City is hereby authorized to solicit sponsorship funds to fund or to help off -set the cost of the City's light post banner program which was established by Resolution 2009 -29 ( "Light Post Banner Program "). Resolution 2009 -29 provides, in part, that: The City is hereby authorized to exclusively create, finance, install and maintain pole banners on mast -arms at various signalized intersections. The City shall maintain compete control over the banner's construction, message, and placement. The primary themes and messages depicted on the banners shall be limited to: (i) seasonal and non - seasonal themes related to on -going community-wide beautification efforts; (ii) promoting community and special events to be held within the City; (iii) promoting City sponsored and co- sponsored programs; and (iv) promoting the City's image, history, and heritage. Nothing herein shall limit the City's ability to acknowledge on banners major sponsors and underwriters of City programs and community and special events, provided said acknowledgment is incidental to the primary theme and message on the banner authorized by this Resolution. Section 4. Incidental Sponsorship Acknowledgments. The City shall determine, in the sole discretion of the City, at which light post location(s) authorized by Resolution 2009 -29, if any, incidental sponsorship acknowledgments may be attached to a banner. Nothing herein shall prohibit the City from installing banners without obtaining a sponsor to fund or offset the cost of such banner. Incidental sponsorship acknowledgments ( "Acknowledgments ") shall be subject to the following: A. City banners are double- sided. The Acknowledgments shall be set forth on both sides of the banner on detachable portions such that the City may attach or detach the Acknowledgments to and from each side of the banner(s). B. All banners and detachable portions of banners will be created, designed and installed by the City. The detachable banner portions of the banner(s) containing the Acknowledgments shall cover no more than twenty -five percent (25 %) of the entire banner surface on each side of the banner. City of Winter Springs Resolution 2010 -43 Page 2 of 4 C. The location for placement of the banner(s) and portions of banner(s) shall be in the sole discretion of the City. The City may remove and relocate the banner(s), or the portions of the banner containing the Acknowledgments, at any time. D. The Acknowledgments shall be limited to the sponsor's name, and if requested by the sponsor, corporate logo. Pictures and other graphics are prohibited. The City may include the words "City Sponsor" or "Proud Sponsor" within the Acknowledgments. E. The City accepts no responsibility for loss or damages to Acknowledgment(s). The City has the right to remove any banner or Acknowledgment when it determines it is damaged and unsightly. Detachable portions of banner(s) and Acknowledgments) are the property of the City. Section 5. Sponsor Application Process: Each applicant shall be required to submit sponsorship funds in the amounts set forth in Section 6 and an application in the form attached hereto as Exhibit "A ". Upon approval of the application by the City, the City will place the sponsor's name, and, if applicable, the Sponsor's corporate logo and/or "City Sponsor" or "Proud Sponsor ", on the detachable portions of the banner(s). The City shall then install the banner(s) and/or Acknowledgments at locations to be determined in the sole discretion of the City and in accordance with Section 6. The City has complete approval authority throughout the application process. The commencement date for installation of the banner(s) shall be determined by the City on a first -come, first- served basis. If no space is available at a location desirable to the City at the time the application and sponsorship funds are provided to the City, the Acknowledgments will be held by the City and installed when such location becomes available. Section 6. Sponsorship Tiers. The following Sponsorship Tiers are hereby established: Level Sponsorship Location/Description Duration Amount 1 $5,000 Inclusion of Acknowledgment on up to 12 months for Twenty -Six (26) Light Post Banners Light Post Banners 2 $1,000 Inclusion of Acknowledgment on up to ten 12 months for (10) Light Post Banners Light Post Banners 3 $750 Inclusion of Acknowledgment on Six (6) 12 months for Light Post Banners Light Post Banners City of Winter Springs Resolution 2010 -43 Page 3 of 4 4 $500 Inclusion of Acknowledgment on four (4) 6 months for Light Post Banners Light Post Banners 5 $250 Inclusion of Acknowledgment on two (2) 6 months for Light Post Banners Light Post Banners 6 $100 Inclusion of Acknowledgment on one (1) 6 months for Light Post Banner Light Post Banner Section 7. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section S. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, or such court declares the banner program a public forum, this Resolution shall be immediately presented to the City Commission at their next regular meeting or special meeting for further consideration which may include amending or repealing this Resolution. Section 9. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of September, 2010. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO - LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution 2010 -43 Page 4 of 4 Exhibit "A" Application for Sponsorship of Light Post Banner(s) Date of Application: Sponsor Name: Contact's Name: Contact's Phone Number: Contact's Mailing Address: Contact's Email Address: What sponsorship level are you requesting? Required submission: Sponsorship Funds Enclosed For Corporate /Organizational Sponsors: Authorized Representative's Name: Title /Position: Mailing Address: Authorized Representative of Organization 1. I am the duly authorized representative of the organization, submitting an application for sponsorship of light post banners. 2. The organization, that I represent, has given its full and complete permission for me to act on its behalf for the above stated request. 3 The attached documentation is made a part of this application and contains the graphic for the acknowledgment on the banner and all other required information. Signature of Applicant Dated: o RESOLUTION NO. 2010-43 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS FLORIDA, ESTABLISHING ADMINISTRATIVE GUIDELINES FOR THE CITY'S LIGHT POST BANNER PROGRAM; MAKING FINDINGS SUPPORTING SPONSORSHIP OF THE CITY'S LIGHT POST BANNER PROGRAM; AUTHORIZING THE CITY TO ACCEPT SPONSORSHIP MONEY IN FURTHERANCE OF THE CITY'S LIGHT POST BANNER PROGRAM; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE. WHEREAS, the City Commission hereby desires to establish administrative guidelines for the City's existing light post banner program ( "Administrative Policy "); and WHEREAS, the intent and purpose of the Administrative Policy is to support the City's efforts to beautify the City and its streets by displaying seasonal and non - seasonal decorative banners, to inform the public about and promote community public events, to inform the public about City programs, and to promote the City's image, history, and heritage; and WHEREAS, it is further the intent and purpose of the Administrative Policy to enhance the City's ability to communicate with the general public and therefore, the City will have complete editorial control over the design and content of the banners that are publicly displayed pursuant to the Administrative Policy; and WHEREAS, it is also the intent and purpose of the Administrative Policy to allow the City to promote its views and therefore, it is not the intent and purpose of this Resolution to allow private or other parties to install banners at signalized intersections; and WHEREAS, it is also the intent and purpose of the Administrative Policy to allow the City to solicit sponsorship funds to help offset the cost of the City's existing light post banner program; and WHEREAS, the City Commission desires that the Administrative Policy be construed as "government speech" and not as a public forum under the First Amendment; See, e.g., City of Pleasant Grove v. Summun, 129 S.Ct. 1125 (2009) (Placement of permanent monument in a public park viewed as government speech and not subject to First Amendment scrutiny); Wells v. City and County of Denver, 257 F. 3d 1132 (10` Cir. 2001) (City acted within its rights to control the contents of its own speech by prohibiting private holiday display on steps of city building); and WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Findings. The City Commission finds that the use of existing public infrastructure (traffic signal mast arms) for purposes of erecting public banners is a low cost and effective way for the City to communicate certain City messages to the general public that travel on City roadways. The City Commission hereby further finds that adopting an Administrative Policy allowing the City to solicit sponsorship funds to fund or help offset the cost of the City's light post banner program, and establishing guidelines for same, will give the City additional means by which to communicate and promote (i) seasonal and non - seasonal themes related to on -going community -wide beautification efforts; (ii) promoting community and special events to be held within the City; (iii) promoting City sponsored and co- sponsored programs; and (iv) promoting the City's image, history, and heritage. Section 3. Authorization to Seek and Accept Sponsorship Funds for Off - Setting Banner Costs. The City is hereby authorized to solicit sponsorship funds to fund or to help off -set the cost of the City's light post banner program which was established by Resolution 2009 -29 ( "Light Post Banner Program "). Resolution 2009 -29 provides, in part, that: The City is hereby authorized to exclusively create, finance, install and maintain pole banners on mast -arms at various signalized intersections. The City shall maintain compete control over the banner's construction, message, and placement. The primary themes and messages depicted on the banners shall be limited to: (i) seasonal and non - seasonal themes related to on -going community -wide beautification efforts; (ii) promoting community and special events to be held within the City; (iii) promoting City sponsored and co- sponsored programs; and (iv) promoting the City's image, history, and heritage. Nothing herein shall limit the City's ability to acknowledge on banners major sponsors and underwriters of City programs and community and special events, provided said acknowledgment is incidental to the primary theme and message on the banner authorized by this Resolution. Section 4. Incidental Sponsorship Acknowledgments. The City shall determine, in the sole discretion of the City, at which light post location(s) authorized by Resolution 2009 -29, if any, incidental sponsorship acknowledgments may be attached to a banner. Nothing herein shall prohibit the City from installing banners without obtaining a sponsor to fund or offset the cost of such banner. Incidental sponsorship acknowledgments ( "Acknowledgments ") shall be subject to the following: A. City banners are double- sided. The Acknowledgments shall be set forth on both sides of the banner on detachable portions such that the City may attach or detach the Acknowledgments to and from each side of the banner(s). B. All banners and detachable portions of banners will be created, designed and installed by the City. The detachable banner portions of the banner(s) containing the Acknowledgments shall cover no more than twenty -five percent (25 %) of the entire banner surface on each side of the banner. City of Winter Springs Resolution 2010 -43 Page 2 of 4 C. The location for placement of the banner(s) and portions of banner(s) shall be in the sole discretion of the City. The City may remove and relocate the banner(s), or the portions of the banner containing the Acknowledgments, at any time. D. The Acknowledgments shall be limited to the sponsor's name, and if requested by the sponsor, corporate logo. Pictures and other graphics are prohibited. The City may include the words "City Sponsor" or "Proud Sponsor" within the Acknowledgments. E. The City accepts no responsibility for loss or damages to Acknowledgment(s). The City has the right to remove any banner or Acknowledgment when it determines it is damaged and unsightly. Detachable portions of banner(s) and Acknowledgment(s) are the property of the City. Section 5. Sponsor Application Process: Each applicant shall be required to submit sponsorship funds in the amounts set forth in Section 6 and an application in the form attached hereto as Exhibit "A ". Upon approval of the application by the City, the City will place the sponsor's name, and, if applicable, the Sponsor's corporate logo and /or "City Sponsor" or "Proud Sponsor ", on the detachable portions of the banner(s). The City shall then install the banner(s) and /or Acknowledgments at locations to be determined in the sole discretion of the City and in accordance with Section 6. The City has complete approval authority throughout the8application process. The commencement date for installation of the banner(s) shall be determined by the City on a first -come, first- served basis. If no space is available at a location desirable to the City at the time the application and sponsorship funds are provided to the City, the Acknowledgments will be held by the City and installed when such location becomes available. Section 6. Sponsorship Tiers. The following Sponsorship Tiers are hereby established: Level Sponsorship Location/Description Duration Amount 1 $5,000 Inclusion of Acknowledgment on up to 12 months for Twenty -Six (26) Light Post Banners Light Post Banners 2 $1,000 Inclusion of Acknowledgment on up to ten 12 months for (10) Light Post Banners Light Post Banners 3 $750 Inclusion of Acknowledgment on Six (6) 12 months for Light Post Banners Light Post Banners City of Winter Springs Resolution 2010 -43 Page 3 of 4 Exhibit "A" Application for Sponsorship of Light Post Banner(s) Date of Application: Sponsor Name: Contact's Name: Contact's Phone Number: Contact's Mailing Address: Contact's Email Address: What sponsorship level are you requesting? Required submission: Sponsorship Funds Enclosed For Corporate /Organizational Sponsors: Authorized Representative's Name: Title/Position: Mailing Address: Authorized Representative of Organization 1. I am the duly authorized representative of the organization, submitting an application for sponsorship of light post banners. 2. The organization, that I represent, has given its full and complete permission for me to act on its behalf for the above stated request. 3 The attached documentation is made a part of this application and contains the graphic for the acknowledgment on the banner and all other required information. Signature of Applicant • Dated: 4 $500 Inclusion of Acknowledgment on four (4) 6 months for Light Post Banners Light Post Banners 5 $250 Inclusion of Acknowledgment on two (2) 6 months for Light Post Banners Light Post Banners 6 $100 Inclusion of Acknowledgment on one (1) 6 months for Light Post Banner Light Post Banner Section 7. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 8. Severability. Itany section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, or such court declares the banner program a public forum, this Resolution shall be immediately presented to the City Commission at their next regular meeting or special meeting for further consideration which may include amending or repealing this Resolution. Section 9. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City • Winter Springs, Florida, in a regular meeting assembled on the 13th day of September, 2010. - 4wJ-4' JOH ►' . BUSH, Mayor ATTET: A D ' 1 ORENZO - LUACES, City Clerk Approved as to legal form and sufficiency for the Ci inter Springs only: A THONY A. GARGANESE, City Attorney City of Winter Springs Resolution 2010 -43 Page 4 of 4