HomeMy WebLinkAbout2010 10 05 Regular 603 Other Document DistributedDate: October 5, 2010
The following document was distributed to the
Beautification of Winter Springs Board
Members by Mr. Steve Richart, Urban
Beautification Services Division Manager,
Community Development Department during
the October 5, 2010 Meeting. This document
relates to Regular Agenda Item "603 ".
COMMISSION AGENDA
Consent
ITEM 602 Informational
Public Hearing �l�v
Regular 1/
September 13, 2010 MGR. /Dir .
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 light 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
ATTACHMENTS:
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 01? THE CITY'S
LIGHT POST BANNER PROGRAM; AUTHORIZING THE CITY TO
ACCEPT SPONSORSHIP MONEY IN FURTHERANCE 01? 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 fiords 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
Page2of4
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 8, 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
)e x h ibit "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:
AuthQrize_1 Regregentative of Organizatjgn
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:
RESOLUTION NO. 2009-29
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS FLORIDA, ESTABLISHING A CITY BANNER
PROGRAM; MAKING FINDINGS SUPPORTING THE BANNER
PROGRAM; AUTHORIZING THE CITY TO CREATE, FINANCE,
INSTALL AND MAINTAIN POLE BANNERS AT SIGNALIZED
INTERSECTIONS IN FURTHERANCE OF THE BANNER PROGRAM;
PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission hereby desires to establish a banner program under which
the City will exclusively create, finance, install and maintain pole banners at various signalized
intersections ( "Banner Program "); and
WHEREAS, the intent and purpose of the Banner Program is to allow the City 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 Banner Program 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 under the Banner Program;
and
WHEREAS, it is also the intent and purpose of the Banner Program 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 under the Banner Program or at signalized intersections; and
WHEREAS, the City Commission desires that the Banner Program be construed as
"government speech" and not as a public forum under the First Amendment; See, e.g., City of Pleasant
Grove v. Summun, 555 U.S. (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 a public banner program will give the City the means by
which to communicate and promote the City's: (i) on -going community-wide beautification efforts; (ii)
community and special events; (iii) programs; and (iv) image, history, and heritage.
Section 3. Banners. 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. Placement. The banners shall be installed on mast -arms located at signalized
intersections. At the effective date of this Resolution, the following locations are approved:
State Road 434
• Sheoah Blvd.
• Edgemon Avenue
• Moss Road
• Hayes Road
• State Road 419
• Parkstone Blvd. (Entrance to Winding Hollow and Parkstone Subdv.)
• Central Winds Blvd.
• Doran Drive
• Tuskawilla Road
• Vistawilla Drive
Tuskawilla Road
• Trotwood Blvd.
City of Winter Springs
Resolution 2009 -29
Page 2 of 3
• Winter Springs Blvd.
State Road 419
• N. Edgemon Avenue
The City Commission may approve additional or eliminate existing locations by majority vote.
Section 5. 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 6. 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 7. 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, kloride, in a regular
meeting assembled on the 27 day of April, 2009. � l F. BUSH, Mayor
AT1ST:
A LORENZO - LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHO A. GARGANESE, City Attorney
City of Winter Springs
Resolution 2009 -29
Page 3 of 3