District of Columbia Street Furniture Act of 2003
Bill 15-186

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmembers Vincent B. Orange, Sr. and Kevin Chavous introduced the following bill, which was referred to the Committee on Public Services. 

To authorize the District Division of Transportation within the Department of Public Works to enter into a franchise agreement for the design, fabrication, construction, installation, operation (where applicable), repair, and maintenance of informational and way-finding street kiosks and bus shelters, and to authorize the franchisee to place advertisements upon certain street kiosks and bus shelters.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA.

That this Act may be cited as the "District of Columbia Street Furniture Act of 2003".

Sec. 1. The Franchise Agreement.

(a) The District Division of Transportation in the Department of Public Works ("DDOT") is authorized, based upon an evaluation of the proposals received following a request for proposals, to enter into a franchise agreement for the design, fabrication, construction, installation, operation (where applicable), repair and maintenance of informational and way-finding street kiosks and bus shelters on public space in the District of Columbia. The request for proposals shall be advertised in a newspaper of general circulation. The street furniture included in the franchise agreement shall consist only of informational and way-finding kiosks and bus shelters.

(b) The design, construction, fabrication, installation, operation (where applicable), repair, and maintenance of all informational and way-finding kiosks and bus shelters included in the franchise agreement will be performed by the franchisee at no cost to the District of Columbia, in exchange for allowing the franchisee to place advertisements, supplied by the franchisee, with the approval of DDOT.

(c) The franchise agreement shall, for its term, be the exclusive agreement in the District of Columbia for the private design, construction, fabrication, installation, operation, repair, and maintenance of all informational and way-finding street kiosks and bus shelters following the expiration of the existing Bus Shelter franchise agreement, entered into pursuant to the District of Columbia Bus Shelter Act of 1979, effective May 10, 1980 (D.C. Law 3-67; 27 DCR 1266). Upon the expiration of the bus shelter franchise agreement on October 4, 2003, bus shelters shall be subject to the street furniture franchise agreement established pursuant to this act.

(d) The franchise agreement entered pursuant to this act shall be for a period of 20 years. In its discretion, DDOT may enter a franchise agreement for an initial period of less than 20 years, and subsequently extend the agreement through one or more option periods. The total duration of the agreement including the exercise of any options shall not exceed 20 years.

(e) If DDOT does not extend the franchise agreement, DDOT may enter into a new franchise agreement in accordance with the provisions of this act. The term of the new franchise agreement shall not extend beyond the 20th anniversary of the effective date of the first franchise agreement awarded pursuant to this act.

(f) In selecting a franchisee, the amount of the franchise fee to be paid the District of Columbia, shall not he the sale criteria for awarding the franchise agreement, but only one of several, which shall also include those items listed in subsections (g)(l)(2)(3)(4) and (5).

(g) Under the terms of the franchise agreement, the franchisee shall be responsible for:

(1) Designing, fabricating, constructing, operating and maintaining informational and way-finding street kiosks and bus shelters that enhance and reflect the architectural design and character of the District of Columbia;

(2) Designing, fabricating, constructing, operating and maintaining informational and way-finding kiosks that assist visitors and residents in navigating their way throughout the District of Columbia;

(3) Designing, fabricating, constructing, operating and maintaining informational and way-finding kiosks and bus shelters that enhance their usefulness for the handicapped;

(4) Designing, fabricating, constructing, operating and maintaining informational and way-finding street kiosks and bus shelters that improve and enhance the convenience and safety of metrobus riders in all areas of the District of Columbia;

(5) Designing, fabricating, constructing, operating and maintaining informational and way-finding bus shelters that provide seating and protection from inclement weather;

(6) Designing, fabricating, constructing, operating and maintaining informational and way-finding street kiosks and bus shelters that are illuminated at night.

(7) All costs and expenses for the design, fabrication, construction, operation, maintenance, and repair of the street kiosks and bus shelters, and any damage that results from the installation, repair, or relocation;

(8) Repairing and removing graffiti from informational and way-finding street kiosks and bus shelters within three business days after receiving notice, unless it is impossible wherein the repairs shall be done in accordance with Section 6(a) of this Act;

(9) Assuring that all books, records, and documents are maintained and available for the period of time specified in the franchise agreement and are available to persons authorized by DDOT to have access thereto, and available for audit;

(10) Maintaining, at the franchisee's expense, such insurance bonds and indemnification requirements as specified in the franchise agreement from the commencement of the agreement throughout the term of the agreement including, but not limited to, motor vehicle insurance for personal injury and property damage for all vehicles owned, hired, or used during the term of the agreement; general bodily injury liability and property damage liability insurance; worker's compensation insurance, employer's liability insurance; umbrella liability insurance; product liability; performance security, and any other insurance deemed necessary by DDOT with the level of coverage specified in the franchise agreement;

(11) Acquiring advertisements which shall be approved by DDOT to be placed on certain street furniture as specified by DDOT and at such locations as approved by the DDOT; and

(12) Upon the expiration of the prior Bus Shelter franchise agreement on October 4, 2003:

(A) Relocating existing bus shelters to new sites designated by the District: and

(B) Removing and relocating bus shelters due to changes in routes.

(h) The franchise agreement shall establish:

(1) A plan for the type of informational and way-finding street kiosks and bus shelters to be acquired for each neighborhood;

(2) The types of informational and way-finding street kiosks and bus shelters that will be acquired;

(3) The location of informational and way-finding street kiosks and bus shelters;

(4) Any limitations on the type of advertising permitted on informational and way-finding street kiosks and bus shelters;

(5) Limitations on the percentage of informational and way-finding bus shelters that may contain advertisements;

(6) The minimum percentage of advertising space that shall be available for public service announcements; and

(7) The franchise fee to be paid to the District of Columbia, which shall be calculated in the manner specified in the franchise agreement and may include, but not be limited to, a percentage of annual gross projected advertising revenue; or such other revenue sharing arrangement as may be accepted by the DDOT.

(i) Upon termination or expiration of the franchise agreement, the ownership and disposition of all street kiosks and bus shelters created or maintained pursuant to the franchise agreement shall be determined in accordance with the franchise agreement.

Sec. 2. Deposit of Franchise Fee

All funds paid to the District pursuant to the franchise agreement shall be deposited into the District of Columbia Highway Trust Fund. 

Sec. 3. Advertising.

(a) The advertisements displayed on informational and way-finding street kiosks and bus shelters pursuant to this act shall not be deceptive, misleading, untruthful, pornographic, obscene or in violation of the District of Columbia Consumer Protection Procedures Act, effective July 22, 1976 (D.C. Law 1-76; D.C. Official Code 28-3901 et. seq.).

(b) Street kiosks and bus shelters shall contain the minimum amount of advertising necessary to provide the desired economic return to the District and the amenities specified in the franchise agreement.

(c) Advertising displays on kiosks and bus shelters shall not extend beyond their exterior limits.

(d) There shall be no advertisements posted related to tobacco products.

(e) No more than 50% of the advertisements posted shall relate to alcoholic beverages.

(f) A minimum of 15% of the informational and way-finding bus shelters shall not contain any advertisement.

(g) DDOT shall have the right to remove any advertisement that is placed in violation of the franchise agreement or in violation of law.

Sec. 4. Public Participation

Within thirty (30) days after the effective date of this Act, DDOT shall conduct a public forum to allow interested citizens to express their views regarding DDOT developing the required RFP pursuant to the applicable provisions of this Act.

Sec. 5. Required Provisions in the Franchise Agreement.

(a) DDOT shall notify the franchisee in writing of any violations of the franchise agreement and establish a compliance schedule for correcting the violations. In the event that the compliance schedule is not met, DDOT may terminate the franchise agreement in accordance with the terms of the franchise agreement.

(b) In addition to a provision setting forth the grounds and procedures relative to default on the franchise agreement, DDOT may include in the franchise agreement, any other conditions and terms which the Director deems to be in the best interest of the District of Columbia.

(c) If the Mayor, the Director of the Department of Public Works, or the Director of DDOT, receives notice from the United States Secretary of Transportation that the future operation of the franchise agreement may result in a reduction of the District's share of federal highway funds pursuant to section 131 of Title 23 of the United States Code, the franchisee will remove the advertisement within 30 days from the date of receipt of the notice by the District. Upon the expiration of the 30 days specified in this subsection, if, the franchisee fails to cure the violation that resulted in the threatened reduction of highway funds, the Director of DDOT may terminate the franchise agreement.

Sec. 6. Relation to Other Provisions of Law.

The provisions of section of An Act To regulate the erection, hanging, placing, painting, display, and maintenance of outdoor signs and other forms of exterior advertising within the District of Columbia, approved March 3, 1931 (46 Stat. 1486; D.C. Official Code § 1-303.22), and 12A DCMR 3111.0 through 3125.0, pertaining to outdoor signs and other forms of exterior advertising in the District of Columbia, shall not apply to the advertisement resulting from the franchise agreement. 

Sec. 7. Successor Agency

In the event that DDOT is reorganized into a new Department of Transportation or other similar entity, the authority of the Director of DDOT under this act shall be assumed by the successor agency.

Sec. 8. Fiscal Impact.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code 5 119   206.02(c)(3)).

Sec. 9. Effective Date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1 206.02(c)(1)), and publication in the District of Columbia Register.