HomeMy WebLinkAboutLegislation (Version 2) 04-21-11A RESOLUTION OF THE MIAMI CITY COMMISSION MODIFYING THE POLICY
EXPRESSED IN 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"); 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 modify the policy 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 relocation agreement with the City that results in a net reduction in
the number of Outdoor advertising signs located within the City or a net reduction in the number of
Outdoor advertising signs located in neighborhoods, i.e., a "qualified relocation 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;
"IOW--THEREF0RE-,BE--IT-RE-S0UVE-D-BY THE COMMISSION OF -THE CIS' -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 relocation
agreement" for purposes of the 1,000 foot pilot program adopted September 24, 2009, by the City
Commission pursuant to Resolution No. 09-0451, as modified herein.
Section 3. Pursuant to s. 479.07(9)(c), F.S. (2010), 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. (2010).
City of Miami Page 1 of 2 File Id: 11-00330 (Version: 2) Printed On: 4/1512011
City of Miami
City Hall
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Legislation
Miami, FL 33133
www.miamigov.com
Resolution
File Number: 11-00330
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION MODIFYING THE POLICY
EXPRESSED IN 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"); 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 modify the policy 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 relocation agreement with the City that results in a net reduction in
the number of Outdoor advertising signs located within the City or a net reduction in the number of
Outdoor advertising signs located in neighborhoods, i.e., a "qualified relocation 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;
"IOW--THEREF0RE-,BE--IT-RE-S0UVE-D-BY THE COMMISSION OF -THE CIS' -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 relocation
agreement" for purposes of the 1,000 foot pilot program adopted September 24, 2009, by the City
Commission pursuant to Resolution No. 09-0451, as modified herein.
Section 3. Pursuant to s. 479.07(9)(c), F.S. (2010), 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. (2010).
City of Miami Page 1 of 2 File Id: 11-00330 (Version: 2) Printed On: 4/1512011
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
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 of Miami Page 2 of 2 File Id. 11-00330 (Version: 2) Printed On: 411512011