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Home My WebLink AboutR-04-0463City of Miami Legislation Resolution: R-04-0463 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00781 Final Action Date: 7/8/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A SETTLEMENT OF APPELLATE CASE NOS. 02-284-AP; 02-330-AP; AND 02-477-AP; MARK'S CLASSICS CORP. ET AL. V. CITY OF MIAMI; APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND CLEAR CHANNEL OUTDOOR ("CCO"), AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO RESOLVE THE LITIGATION AND ADMINISTRATIVE PROCEEDINGS THAT HAVE ACCOMPANIED THE CITY'S EFFORTS TO ENFORCE ZONING REGULATIONS APPLICABLE TO CCO'S OUTDOOR ADVERTISING SIGNS ("BILLBOARDS") LOCATED WITHIN THE CITY; PROVIDING FOR REMOVAL OF CERTAIN BILLBOARDS AND THE ISSUANCE OF AMENDED PERMITS; PROVIDING FOR PAYMENT OF AMENDED PERMIT FEES, BACK PERMIT FEES AND REIMBURSEMENT OF THE CITY'S FEES AND EXPENSES TOTALING APPROXIMATELY ONE MILLION THREE HUNDRED THOUSAND DOLLARS ($1,300,000) AND PROVIDING FOR CCO TO PROVIDE OUTDOOR ADVERTISING SPACE FOR DISPLAY OF CITY -PREPARED ADVERTISING AT A RETAIL VALUE OF FIFTY THOUSAND DOLLARS ($50,000) PER YEAR DURING THE 25-YEAR TERM OF THE AGREEMENT; PROVIDING FOR THE PAYMENT OF AN ANNUAL SETTLEMENT FEE TO THE CITY OF TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) PER YEAR DURING THE 25-YEAR TERM OF THE SETTLEMENT AGREEMENT, TO BE USED FOR PUBLIC PROJECTS BENEFITING THE AFFECTED NEIGHBORHOODS ON A PRO-RATA BASIS; PROVIDING FOR THE ESTABLISHMENT OF A NEIGHBORHOOD ENHANCEMENT ACCOUNT OF FIFTY THOUSAND DOLLARS ($50,000) PER YEAR DURING THE 25-YEAR TERM OF THE SETTLEMENT AGREEMENT; AND PROVIDING FOR STATUS, RETROFITTING, REPLACEMENT AND RELOCATION OF REMAINING SIGNS. WHEREAS, the City of Miami ("City") and Clear Channel Outdoor ("CCO"), have been involved in Code Enforcement and legal proceedings relating to the City's sign regulations and Zoning Ordinance; and WHEREAS, the aforementioned proceedings, since April 2001, have resulted in extensive administrative enforcement proceedings and litigation now pending in the Appellate Division of the 11th Circuit Court in and for Miami -Dade County: Mark's Classics Corp. et al. v. City of Miami, Appellate Case Nos. 02-284-AP; 02-330-AP; and 02-477-AP; and WHEREAS, the aforementioned litigation represents a dispute between the City and CCO regarding the legality of City Ordinances regulating outdoor advertising signs ("signs") and the City of Miami Page 1 of 3 File Id: 04-00781 (Version: 1) Printed On: 9/20/2016 File Number: 04-00781 Enactment Number: R-04-0463 applicability of certain City Ordinances to billboards owned by COO; and WHEREAS, the City and CCO desire to resolve their ongoing dispute pursuant to the provisions of the attached Settlement Agreement ("Settlement Agreement"); and WHEREAS, under the Settlement Agreement, CCO has agreed to remove over 200 signs supporting over 500 sign faces; and WHEREAS, the proposed settlement will result in the payment of amended permit fees, back permit fees and other related expenses totaling in excess of One Million Three Hundred Thousand Dollars ($1,300,000) and additional annual settlement fees of Two Hundred Fifty Thousand Dollars ($250,000) for each of the next 25 years (totaling an additional $6,250,000); and WHEREAS, CCO will provide the City outdoor advertising space within the major media markets in Florida for the display of City -prepared advertising materials, up to a retail value of Fifty Thousand Dollars ($50,000) per year during the 25-year term of the Settlement Agreement (totaling $1,250,000); and WHEREAS, CCO will establish a neighborhood enhancement account of Fifty Thousand Dollars ($50,000) per year during the 25-year term of the Settlement Agreement to support community activities in districts where CCO's signs are located (totaling $1,250,000); and WHEREAS, execution of this Settlement Agreement will not deprive the City of the right to proceed with normal condemnation or purchase proceedings to remove any CCO signs if so desired; and WHEREAS, the resolution of the legal enforcement proceedings giving rise to this settlement is in the best interest of the City of Miami; 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. A settlement of the administrative code enforcement proceedings and litigation in the case of Mark's Classics Corp. et al. v. City of Miami, Appellate Case Nos. 02-284-AP; 02- 330-AP; and 02-477-AP, in the Appellate Division of the 11th Circuit Court in and for Miami -Dade County, pursuant to the terms of the Settlement Agreement, attached, is accepted. Section 3. The City Manager is authorized{1} to execute a Settlement Agreement, in substantially the attached form, between the City and Clear Channel Outdoor ("CCO") and all necessary documents in a form acceptable to the City Attorney, to resolve the litigation and administrative proceedings that have accompanied the City's efforts to enforce zoning regulations applicable to CCO's outdoor advertising signs located within the City. City of Miami Page 2 of 3 File Id: 04-00781 (Version: 1) Printed On: 9/20/2016 File Number: 04-00781 Enactment Number: R-04-0463 Section 4. CCO shall pay the City One Million Three Hundred and Two Thousand Eight Hundred and Five Dollars ($1,302,805) to resolve all code enforcement related proceedings and for the issuance of amended permits as set forth in the Settlement Agreement. CCO shall also make annual settlement payments to the City of Two Hundred Fifty Thousand Dollars ($250,000) per year during the 25-year term of the Settlement Agreement, shall establish a neighborhood enhancement account of Fifty Thousand Dollars ($50,000) per year during the term of the Settlement Agreement, shall provide advertising space valued at Fifty Thousand Dollars ($50,000) per year during the term of the Settlement Agreement, shall remove signs as set forth in the Settlement Agreement, and shall retrofit signs and may retain certain signs as provided by the Settlement Agreement. The City will use the annual settlement fees of $250,000 per year to mitigate the impact of the Signs erected pursuant to the Amended Permits on Exhibit G to the neighborhoods in which these Signs are erected. Accordingly, the City Commission will approve distribution and use of these annual settlement fees for projects benefiting the affected neighborhoods, on a pro-rata basis, with such projects to include for example public parks, public spaces, gateways and/or other public works to assist the community needs of these affected neighborhoods. Section 5. The City Manager is also authorized{1} to initiate and implement, in consultation with the City Attorney, all administrative actions and proceedings necessary to effectuate the settlement and the terms of the Settlement Agreement. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} 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. City of Miami Page 3 of 3 File Id: 04-00781 (Version: 1) Printed On: 9/20/2016