HomeMy WebLinkAboutLegislation (Version 2)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00797 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONCURRENCE LETTER,
IN SUBSTANTIALLY THE ATTACHED FORM, REGARDING THE FLORIDA
DEPARTMENT OF TRANSPORTATION'S DETERMINATION OF CUSTOMARY
LOCAL USE FOR WALL MURALS WITHIN SPECIFIED BOUNDARIES UNDER THE
CITY OF MIAMI'S JURISDICTION, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND
INCORPORATED.
WHEREAS, outdoor advertising is governed by several regulations, including the Highway
Beautification Act, 23 U.S.C. Sec. 131, et seq., and the Florida/United States Department of
Transportation Agreement of January 27, 1972 ("Federal/State Agreement"); and
WHEREAS, the City of Miami ("City") applied to the State of Florida, Department of Transportation
("FDOT"), for Certification -for Local Control of Wall Murals under the provisions of customary use as
part of the Federal/State Agreement; and
WHEREAS, the City provided numerous documents in support of its determination of customary
use, including Ordinance No. 12983 , adopted April 10, 2008, Ordinance No. 7338, adopted July 20,
1965, and an inventory of wall murals currently permitted under Ordinance No. 12983; and
WHEREAS, the City entered into an Agreement on Customary Use for Local Zoning Control for
Murals Under the Highway Beautification Act with the State of Florida, Department of Transportation
and the Federal Highway Administration for the purposes of establishing mural distancing
requirements and providing compliance provisions for existing non -conforming murals; and
WHEREAS, FDOT provided notification to the City that it has accepted the City's determination of
customary local use for wall murals within specified boundaries under the City's jurisdiction, and now
requests concurrence to said certification;
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 fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute a Concurrence Letter, in substantially the
attached form, regarding FDOT's determination of customary local use for wall murals within specified
boundaries under the City's jurisdiction, as specified in Exhibit "A", attached and incorporated.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
City of Miami Page 1 of 2 File Id: 13-00797 (Version: 2) Printed On: 1/8/2014
File Number: 13-00797
APPROVED A ► TO FS RM AND CORRECTNESS:
VICTORIA Nit NDEZ 1
CITY ATTORNEY ,J
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: 13-00797 (Version: 2) Printed On: 1/8/2014