HomeMy WebLinkAboutLegislationFile Number: 11-00330
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING ITS
INTENTION TO MODIFY RESOLUTION NO. 09-0451, ADOPTED SEPTEMBER 24,
2009, CONCERNING THE PILOT PROGRAM ALLOWING 1,000 FOOT SPACING
OF OUTDOOR ADVERTISING SIGNS ALONG EXPRESSWAYS IN THE CITY OF
MIAMI ("CITY"), SUBJECT TO CONDITIONS; FURTHER AUTHORIZING THE CITY
MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF TRANSPORTATION OF
THE CITY'S AGREEMENT WITH SOUTH FLORIDA EQUITABLE FUND, LLC., TO
ALLOW IT TO PARTICIPATE IN SUCH PILOT PROGRAM,
WHEREAS, Resolution No. 09-0451, adopted September 24, 2009, expressed the City
Commission's intention to participate in a pilot program allowing 1,000 foot spacing of outdoor
advertising signs along expressways in the City of Miami ("City"), subject to the condition that the sign
owner had entered into a settlement agreement with the City that resulted in a net reduction in the
number of Outdoor advertising signs located in the City, i.e., a "qualified settlement agreement"; and
WHEREAS, it is now the intention of the City Commission to clarify its intention to allow 1,000
foot spacing of outdoor advertising signs along expressways in the City, subject to the condition that
the sign owner had entered into a settlement agreement with the City that resulted in a reduction in the
number of Outdoor advertising signs located in neighborhoods, i.e., a "qualified settlement
agreement"; and
WHEREAS, the City and South Florida Equitable Fund, LLC. ("SFEF") have reached a
settlement agreement, which results in a reduction in the number of Outdoor advertising signs located
in neighborhoods; and
WHEREAS, SFEF has agreed to be bound by the terms of this Resolution concerning the
1,000 foot pilot program;
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 SFEF Settlement Agreement is deemed to be a "qualified settlement
agreement" for purposes of the 1,000 foot pilot program adopted September 24, 2009, by the City
Commission pursuant to Resolution No. 09-0451, modified herein.
Section 3. Pursuant to s. 479.07(9)(c), F.S. (2009), the City Manager is authorized {1) to notify
the Florida Department of Transportation that the City and SFEF, have mutually agreed to the terms of
removal and reconstruction of Outdoor advertising signs under the pilot program authorizing 1,000 foot
spacing authorized by s. 479.07(9)(c), F.S. (2009).
City of Miami Page I of 2 File Id: 11-00330 (version: 1) Printed On: 41411011
City of Miami
Legislation
Resolution
File Number: 11-00330
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING ITS
INTENTION TO MODIFY RESOLUTION NO. 09-0451, ADOPTED SEPTEMBER 24,
2009, CONCERNING THE PILOT PROGRAM ALLOWING 1,000 FOOT SPACING
OF OUTDOOR ADVERTISING SIGNS ALONG EXPRESSWAYS IN THE CITY OF
MIAMI ("CITY"), SUBJECT TO CONDITIONS; FURTHER AUTHORIZING THE CITY
MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF TRANSPORTATION OF
THE CITY'S AGREEMENT WITH SOUTH FLORIDA EQUITABLE FUND, LLC., TO
ALLOW IT TO PARTICIPATE IN SUCH PILOT PROGRAM,
WHEREAS, Resolution No. 09-0451, adopted September 24, 2009, expressed the City
Commission's intention to participate in a pilot program allowing 1,000 foot spacing of outdoor
advertising signs along expressways in the City of Miami ("City"), subject to the condition that the sign
owner had entered into a settlement agreement with the City that resulted in a net reduction in the
number of Outdoor advertising signs located in the City, i.e., a "qualified settlement agreement"; and
WHEREAS, it is now the intention of the City Commission to clarify its intention to allow 1,000
foot spacing of outdoor advertising signs along expressways in the City, subject to the condition that
the sign owner had entered into a settlement agreement with the City that resulted in a reduction in the
number of Outdoor advertising signs located in neighborhoods, i.e., a "qualified settlement
agreement"; and
WHEREAS, the City and South Florida Equitable Fund, LLC. ("SFEF") have reached a
settlement agreement, which results in a reduction in the number of Outdoor advertising signs located
in neighborhoods; and
WHEREAS, SFEF has agreed to be bound by the terms of this Resolution concerning the
1,000 foot pilot program;
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 SFEF Settlement Agreement is deemed to be a "qualified settlement
agreement" for purposes of the 1,000 foot pilot program adopted September 24, 2009, by the City
Commission pursuant to Resolution No. 09-0451, modified herein.
Section 3. Pursuant to s. 479.07(9)(c), F.S. (2009), the City Manager is authorized {1) to notify
the Florida Department of Transportation that the City and SFEF, have mutually agreed to the terms of
removal and reconstruction of Outdoor advertising signs under the pilot program authorizing 1,000 foot
spacing authorized by s. 479.07(9)(c), F.S. (2009).
City of Miami Page I of 2 File Id: 11-00330 (version: 1) Printed On: 41411011
File Number: 11-00330
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU w4j
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 Commission.
City ojMiami Page 2 oj1 File 1d. 11-00330 (Version: 1) Printed On: 41412011