HomeMy WebLinkAboutR-02-0392J-02-354
4/11/02
RESOLUTION NO. 02— 392
A RESOLUTION OF THE MIAMI CITY COMMISSION
DIRECTING THE CITY MANAGER AND THE CITY
ATTORNEY TO COMMUNICATE TO THE OUTDOOR
ADVERTISING INDUSTRY ALL ISSUES RELATED TO
BILLBOARDS THROUGH SPECIAL COUNSEL ONLY;
FURTHER DIRECTING THE CITY MANAGER AND CITY
ATTORNEY TO PROCEED WITH ALL CODE
ENFORCEMENT BOARD CASES, USING ALL AVAILABLE
RESOURCES, INCLUDING SPECIAL COUNSEL AND
MULTIPLE SPECIAL MASTERS.
WHEREAS, the Florida Legislature has adopted House General
Bill
0715,
as amended,
which Bill was
signed
into law
on
April 4,
2002,
and
is now known
as Chapter No.
2002-13,
Laws
of
Florida
("Billboard Law"); and
WHEREAS, the Billboard Law requires a process for
governmental entities and owners of outdoor advertising
billboards to enter into "relocation and reconstruction
agreements" regarding outdoor advertising billboards whenever
government entities remove or cause the removal of certain
lawfully erected billboards, or cause the alteration of such
billboards if the alternation constitutes a taking under state
CITY C
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ResohlAoa $b-
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law, and further requires just compensation to billboard owners
if agreements cannot be reached; and
WHEREAS, the Billboard law becomes effective July 1, 2002,
and may have a significant adverse impact upon the ability of
local municipalities such as the City of Miami to exercise Home
Rule police powers with respect to the outdoor advertising
industry; and
WHEREAS, the Billboard law may cause a significant
financial burden upon municipalities such as the City of Miami
if agreements cannot be reached to remove billboards, and if as
a result "just compensation" must be paid to the outdoor
advertising industry for removal or alteration of outdoor
advertising billboards; and
WHEREAS, it is in the best interests of the City and its
residents that the City be prepared to address concerns and
potential problems that will be caused by the Billboard law
immediately upon its effective date; and
WHEREAS, to develop and implement necessary procedures and
processes in light of the passage of the Billboard law, it is
recommended that the law firm of Hogan & Hartson L.L.P. be
appointed as special counsel to the Miami City Commission and
City Manager;
Page 2 of 4
02- 392
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager and the City Attorney are
directed to communicate to the outdoor advertising industry all
issues related to billboards through Special Counsel only.
Section 3. The City Manager and City Attorney are
directed to proceed with all Code Enforcement Board cases, using
all available resources, including Special Counsel and multiple
Special Masters.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor. 1/
1� If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City
Commission.
Page 3 of 4 02- 392
PASSED AND ADOPTED this 11th day of April , 2002.
ATTEST:
(?.4 -
PRISCILLA A. THOMPSO
CITY CLERK
.1
APPROVED AS TQ FORM AND CORRECTNESS:
*IA
LARELLO
W618'1:JEM:BSS
Page 4 of 4
CITY OF MIA`li, FLORIDA
I'JTER-OFFICE MEA00RANDUM
Honorable Mayor Diaz and
Members of the City Commission
Arthur E. Teele, Jr.
Ccmmissioner
POCKET ITEM 10
April 11, 2002 FILE :
Pocket Item: Outdoor Advertisement
and Code Enforcement Board
Cases
By this memorandum, I am respectfully requesting to discuss the following resolution as a
pocket item;
RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER AND THE CITY ATTORNEY TO COMNR TNICATE TO THE
OUTDOOR ADVERTISING INDUSTRY ALL ISSUES RELATE ?) ? " T POARDS
THROUGH SPECIAL COUNSEL ONLY; FURTHER DIREC tNG :ITY
MANAGER AND CITY ATTORNEY TO PROCEED WITH ALL CODE
ENFORCEMENT BOARD CASES, USING ALL AVAILABLE RESOURC
INCLUDING SPECIAL COUNSEL AND MULTIPLE SPECIAL MASTERS.
Thank you.
Cc: Alejandro Vilarello, City Attorney
Priscilla A. Thompson, City Clerk
02-- 392