by J. Brooks Terry
Staff Writer
Based on the findings of City attorneys, City Council member Suzanne Jenkins said Wednesday that she will work toward dissolving a bus bench contract with Pilgrim Corporation.
Signed nearly 50 years ago, the contract established Pilgrim Corporation as the sole provider of bus benches to the Jacksonville Transportation Authority in various downtown and Riverside locations.
Advertising is allowed on the benches, but Jenkins said constituents and others, including Bill Brinton of Riverside Avondale Preservation, Inc., have repeatedly complained that some benches are located nowhere near bus stops.
“It’s not right and my constituents have every right to be upset about it,” said Jenkins. “I’ve been going after this for a long time because a lot of these benches are violating things we’ve passed in recent years like our sign ordinance.”
That legislation, said attorney Tracey Arpen of the General Counsel’s Office, restricts “off-site signs” with respect to their location, size and maintenance requirements.
“Many of these benches could be considered off-site signs because they are being used for advertising,” said Arpen. “However, they are not unlawful because they were erected prior to when the sign ordinance was passed.”
What might be unlawful, however, is the contract itself.
Jenkins plans to introduce legislation authorizing the General Counsel’s Office to “fully investigate the legality” of that agreement.
“We need answers and we need to address this issue,” said Jenkins. “If this is something that the City can’t terminate, but they can, then it’s illegal.
“It’s like the bank telling you that you have to pay your mortgage for the rest of your life. You can’t legally do that.”
Such a one-sided arrangement, said Arpen, is commonly referred to as “contract of adhesion.”
“We may have to go to a judge to get an official ruling, but the bottom line is that the benches need to go,” said Jenkins. “Whatever I can do to make that I happen, I’ll do it.
“We have rules now to limit this kind of thing and it’s time to make it right. We have to because it’s our responsibility.”
Jenkins and Arpen should have the legislation drafted by some time next month.