HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00431 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A DISMISSAL OF THE PROCEEDINGS PENDING BEFORE THE
CITY OF MIAMI CODE ENFORCEMENT BOARD (NALCO HOLDINGS, LLC, CEB
CASE NO. 2007-000254); APPROVING A SETTLEMENT AGREEMENT BETWEEN
THE CITY OF MIAMI AND CBS OUTDOOR, INC., A DELAWARE CORPORATION,
(SUCCESSOR -BY -MERGER TO NATIONAL ADVERTISING COMPANY, A
DELAWARE CORPORATION, D/B/A VIACOM, INFINITY, NATIONAL AND CBS
AND INFINITY OUTDOOR OF FLORIDA, INC., A FLORIDA CORPORATION,
D/B/A VIACOM, INFINITY AND CBS) ("CBS") ARISING FROM THE HALCO
HOLDINGS, LLC PROCEEDINGS REGARDING OUTDOOR ADVERTISING
STRUCTURES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND
ALL NECESSARY DOCUMENTS, INCLUDING DOCUMENTS RELATED TO
LICENSE AGREEMENTS AND DETERMINATION OF SIGN LOCATIONS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY.
WHEREAS, the City of Miami ("City") instituted code enforcement proceedings against Nalco
Holdings, LLC ("Halco") in 2007 over the status, location and appearance of an outdoor advertising
structure ("Sign") located on its property; and
WHEREAS, CBS Outdoor, Inc. ("CBS") actually owns and/or operates the Sign located on
Halco's property; and
WHEREAS, in the proceedings against Nalco, the City sought to enforce zoning regulations
applicable to CBS's Sign located on the Halco Property within the City; and
WHEREAS, CBS owns and/or operates several other Signs within the City and is in doubts as
to its rights and responsibilities as related to such Signs due to the City's zoning ordinances, which
could lead to future litigation; and
WHEREAS, the City and CBS seek to settle all issues regarding CBS's Signs located within the
City; and
WHEREAS, Section 10.4.5 of the Code of the City of Miami, Florida, as amended, authorizes
the issuance of permits for Signs in conjunction with the settlement of related litigation; and
WHEREAS, the City Commission wishes to authorize the City Manager to execute the attached
Settlement Agreement and all necessary documents in a form acceptable to the City Attorney;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami Page 1 of 2 Printed On: 4/29/2008
File Number: 08-00431
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 is authorized{1 } to execute a Settlement Agreement, in
substantially the attached form, related to the code enforcement board case, HALCO HOLDINGS,
LLC, CEB Case No. 2007-000254, settling all claims with CBS, and execute all necessary documents,
including but not limited to license agreements for City -owned property, in a form acceptable to the
City Attorney.
Section 3. The City Manager is authorized{1} to select the locations of the Signs allowed by the
seven (7) Initial Amended Permits, as defined in the Settlement Agreement.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O.BRU
CITY ATTORNEY.
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.
City of Miami Page 2 of 2 Printed On: 4/29/2008