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HomeMy WebLinkAboutR-01-0285J-01-279 3/29/01 RESOLUTION NO. 285 A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE FLORIDA LEAGUE OF CITIES' OPPOSITION TO LEGISLATIVE INITIATIVES TO ELIMINATE OR DIMINISH LOCAL GOVERNMENT'S AUTHORITY TO IMPLEMENT REASONABLE AMORTIZATION COSTS FOR THE REMOVAL OF BILLBOARDS LOCATED ADJACENT TO HIGHWAYS OTHER THAN FEDERAL HIGHWAYS; FURTHER, STRONGLY OPPOSING SECTION 26 OF PROPOSED HOUSE BILL 1053 AND ANY OTHER ENDEAVORS INITIATED TO LIMIT LOCAL GOVERNMENT'S REGULATION OF BILLBOARDS; DIRECTING THE CITY CLERK TO TRANSMIT COPIES OF THIS RESOLUTION TO DESIGNATED OFFICIALS; REQUIRING ALL LOBBYISTS REPRESENTING THE CITY TO ADVISE THE CITY MANAGER OF ANY CONFLICTS RELATED TO THESE ISSUES. WHEREAS, the Federal Highway Beautification Act [23 U.S.C.A. §131(g)I requires, in part, the payment of cash as compensation for the removal of outdoor advertising signs, a/k/a billboards, when such signs are located adjacent to a federal -aid primary highway system ("federal highway"), but does not require cash compensation when the signs are not adjacent to such federal highways; and WHEREAS, many cities and counties in Florida, including the City of Miami have adopted reasonable amortization schedules which permit the removal of billboard signs adjacent to highways MAR 2 9 2001 01- 285` other than federal highways as a valid alternative to the payment of cash to the owner as compensation for the loss of the investment in the sign so removed; and WHEREAS, the courts in Florida have long upheld this type of amortization schedule as a valid alternative to the payment of cash for those signs along highways other than the federal highways, such as in the case of Lamar Advertising Assoc. of East Florida, Ltd. V. City of Daytona Beach, 450 So. 2d 1145 (Fla. 5th DCA 1984); and WHEREAS, many municipalities cannot afford to pay cash as compensation for the removal of billboard signs even though such signs have been determined through a legitimate exercise of their police powers to adversely affect the health, safety and aesthetic concerns of the community; and WHEREAS, Section 26 of proposed House Bill ("HB") 1053 would jeopardize the ability of many communities to address the blighting influences caused by many of the outdoor advertising signs and billboards adjacent to the local roads by making it impossible to remove the signs unless cash is budgeted for the payment of just compensation; and further, Section 26 of HB 1053 would not permit the removal of such signs as a valid condition precedent of some development approvals, effectively allowing these signs to remain in place against the expressed desires of the community and contrary to the health, safety and welfare concerns of the community; Page 2 of 4 01_40 qJ 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 Florida League of Cities' opposition to legislative initiatives to eliminate or diminish local government's authority to implement reasonable amortization costs for the removal of billboards located adjacent to highways other than federal highways is supported. Section 3. Section 26 of proposed House Bill 1053 and any other endeavors initiated to limit local government's regulation of billboards is strongly opposed. Section 4. The City Clerk is directed to transmit copies of this Resolution to the Miami -Dade County League of Cities, the Florida League of Cities, the Miami -Dade County Legislative Delegation, the Florida Department of Transportation, the members of the United States House and Senate Transportation Committees, and all lobbyists representing the City of Miami. I 0 -' r - Page 3 of 4 1` 1633 Section 5. All lobbyists representing the City of Miami are required to advise the City Manager of any conflicts related to this issue. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.11 PASSED AND ADOPTED this 29th day of ATTEST: March , 2001. JOE CAROLLO, MAYOR In accordance with Miami Code SGc. 2-36, since the Mayor did not indicate ep^m'^mss of c' tion by sign nri it in ithe do ign ted pi pr %ri i 'd GGtist i tAfective with thc:, do of t E ( Pij C3 tl t;i': ' iJ regarding same, without the Ma 4, C. r sir et . C Clerk WALTER J. FO CITY CLERK APPRO!'S / LO IC'TTY ATTORNEY W5194:LB:BSS AND CORRECTNESS: li 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 4 of 4 L d5 t6itij of 'ffli'aml 7 r.Y OF 1 WALTER J. FOEMAN CARLOS A. GIMENEZ * City Clerk 1.9111F ,, ,,F i City Manager April 23, 2001 TO: Miami-Dade County League of Cities Ms. Debra D. Owens, Executive Director - Miami-Dade County Legislative Delegation Florida League of Cities Florida Department of Transportation United States Senate Committee on Commerce, Science, and Transportation Mr. t City of Lobbyist FROM:'"— Waller J. F City Clerk Enclosed please find a copy of Resolution 01-285, which was passed and adopted by the City of Miami Commission at its meeting on March 29, 2001. This legislation is being forwarded to you for your information and files. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 CITY CLERK'S REPORT MEETING DATE: March 29, 2001 Page No. I I ITEM 20 A RESOLUTION OF THE MIAMI CITY R-01-285 COMMISSION SUPPORTING THE FLORIDA MOVED: TEELE LEAGUE OF CITIES POSITION OPPOSING ANY SECONDED: SANCHEZ LEGISLATIVE INITIATIVE WHICH WOULD UNANIMOUS ELIMINATE OR DIMINISH THE AUTHORITY OF LOCAL GOVERNMENTS TO AMORTIZE BILLBOARDS ALONG ANY HIGHWAY SYSTEM, THAT WOULD ENLARGE THE CURRENT FEDERAL MANDATE TO PAY CASH ONLY FOR THE REMOVAL OF SIGNS ALONG THE FEDERAL AID PRIMARY HIGHWAY SYSTEM; SPECIALLY OPPOSING SECTION 26 OF PROPOSED HOUSE BILL 1053 AND ANY OTHER ATTEMPTS TO LIMIT THE LOCAL GOVERNMENT'S ABILITY TO REGULATE BILLBOARDS; PROVIDING FOR DISTRIBUTION; NOTIFYING ANY LOBBYISTS EMPLOYED BY THE CITY OF MIAMI AND REQUIRING A RESPONSE FROM LOBBYISTS; AND REQUIRING PROVIDING FOR DISTRIBUTION; PROVIDING AN EFFECTIVE DATE. ITEM 20 Direction to the Administration: by Commissioner , Winton to transmit the above-cited resolution to all of the members of the State of Florida legislature; Commissioner Teele also expressed interest that the administration would consult with Mr. Dan Paul, Esq. in the event of any potential litigation against the City regarding said matter.