7568-05
ORDINANCE NO. 7568-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING FINDINGS; AUTHORIZING THE MAYOR OF THE CITY
OF CLEARWATER TO EXECUTE A SETTLEMENT
AGREEMENT WITH NATIONAL ADVERTISING COMPANY AND
ITS PARENT COMPANY, VIACOM OUTDOOR, INC.,
REGARDING LITIGATION OVER THE REMOVAL AND
PLACEMENT OF OUTDOOR ADVERTISING STRUCTURES
COMMONLY REFERRED TO AS BILLBOARDS; PROVIDING
RECITALS; PROVIDING DEFINITIONS; PROVIDING FOR
REMOVAL OF CERTAIN IDENTIFIED BILLBOARDS OVER A
DEFINED PERIOD OF TIME; PROVIDING FOR MAINTENANCE,
REPAIR AND RECONSTRUCTION OF THE IDENTIFIED
BILLBOARDS SUBJECT TO CERTAIN REQUIREMENTS;
PROVIDING THAT IN THE EVENT DEVELOPMENT OR
REDEVELOPMENT OF THE PROPERTY UPON WHICH A
BILLBOARD IS LOCATED OCCURS, NATIONAL SHALL BE
ENTITLED TO RELOCATE AND RECONSTRUCT THE
BILLBOARD ON SAID PROPERTY IN ORDER TO
ACCOMMODATE THE DEVELOPMENT OR REDEVELOPMENT,
AND PROVIDING FOR ISSUANCE OF PERMITS FOR SAID
RELOCATION AND RECONSTRUCTION, AND PROVIDING
THAT THE RELOCATED AND RECONSTRUCTED BILLBOARD
SHALL SATISFY SETBACK REQUIREMENTS FOR
FREESTANDING SIGN STRUCTURES IN EFFECT AT THE
TIME OF RELOCATION, AND THAT ANY RELOCATION AND
RECONSTRUCTION SHALL NOT INCREASE THE SIZE OR
HEIGHT OF THE BILLBOARD; PROVIDING THAT THE CITY
SHALL NOT IMPOSE A REQUIREMENT THAT SAID
BILLBOARDS BE REMOVED FOR DEVELOPMENT OR
REDEVELOPMENT OF THE PARCEL DURING THE REMOVAL
PERIOD; PROVIDING FOR THE FORWARDING OF CERTAIN
ASSURANCES CONCERNING THE SETTLEMENT
AGREEMENT TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION; PROVIDING FOR RELOCATION PERMITS
IN THE EVENT OF AUTHORIZED RELOCATION; PROVIDING
FOR VESTED RIGHTS TO OPERATE, MAINTAIN,
RECONSTRUCT AND RELOCATE THE BILLBOARDS IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE
SETTLEMENT AGREEMENT; PROVIDING FOR MUTUAL
RELEASES AND WAIVERS AND PROVIDING THE SCOPE
THEREOF; PROVIDING FOR NOTICE; PROVIDING
REPRESENTATIONS AND WARRANTIES AS TO THE
PARTIES' AUTHORITY TO ENTER INTO THE SETTLEMENT
AGREEMENT; PROVIDING FOR ENFORCEMENT; PROVIDING
Ordinance No. 7568-05
THAT SAID AGREEMENT IS THE ENTIRE AGREEMENT
BETWEEN THE PARTIES; PROVIDING FOR BINDING EFFECT;
PROVIDING FOR THE FILING OF A JOINT MOTION FOR
STIPULATED FINAL JUDGMENT IN THE LITIGATION AND FOR
THE ENTRY OF DISMISSALS WITH PREJUDICE IN CERTAIN
APPEALS OF CODE ENFORCEMENT BOARD ACTION;
PROVIDING THAT IF THE AGREEMENT IS INVALIDATED BY A
THIRD PARTY, THE PARTIES SHALL BE RETURNED TO
THEIR RESPECTIVE LEGAL POSITIONS AS EXISTED ON THE
EFFECTIVE DATE; PROVIDING THAT THE AGREEMENT IS IN
COMPROMISE OF DISPUTED CLAIMS; ATTACHING EXHIBITS
"A" THROUGH "J"; PROVIDING FOR OTHER MODIFICATIONS
THAT MAY ARISE FROM REVIEW OF THE ORDINANCE AT
THE PUBLIC HEARINGS AND WITH RESPONSIBLE
AUTHORITIES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted certain Ordinances regulating signs
within said City, including Ordinance Nos. 4035-85, 4753-88, 5257-92, 5334-93, and 6348-
99; and
WHEREAS, Notices of Violation pursuant to said Ordinances were issued to
National Advertising Company and Lamar Whiteco Outdoor Corporation regarding certain
signs owned by them; and
WHEREAS, National Advertising Company filed suit against the City of Clearwater,
Case No. 00-3844-CI-11, challenging the adoption and effectiveness of said Ordinances,
asserting vested rights and rights to the continuance of allegedly lawful nonconforming
uses, challenging the City's actions on state and federal constitutional grounds and as
impairment of contract, alleging inverse condemnation, and seeking declaratory and
injunctive relief and damages, and Lamar Whiteco Outdoor Corporation filed suit with
similar allegations, Case No. 00-1939-CI-20, and during the pendency of the litigation the
subject sign owned by Lamar Whiteco Outdoor Corporation was acquired by National
Advertising Company or its parent company, Viacom Outdoor, Inc.; and
WHEREAS, National Advertising Company and the City of Clearwater entered into
mediation discussions in the course of the litigation, the result of which is the settlement
agreement attached hereto; and
WHEREAS, the Community Development Board as Local Planning Agency of the
City of Clearwater has reviewed and made recommendation to the City Council consistent
with Florida Statutes Section 163.3174, and the City Council has conducted two public
hearings consistent with Florida Statutes Section 166.041 and Chapter 163 in anticipation
that certain provisions of the settlement agreement could represent a waiver of provisions
of the City's land development code or modification of said code; now therefore,
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Ordinance NO.7568-05
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The Mayor of the City of Clearwater is authorized to execute the
Settlement Agreement with National Advertising Company and its parent company,
Viacom Outdoor, Inc., which is attached as Exhibit A to this Ordinance and which
consists of the text of the Agreement and three signature pages with eleven Exhibits
labeled "A", "B", "C", "D", "E-1", "E-2", "F", "G", "H", "I", and "J".
Section 2. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
January 19. 2006
PASSED ON SECOND AND FINAL
READING AND ADOPTED
February 2, 2006
--i..~t/~
'--f1ank V. Hibbard
Mayor
Approved as to form:
Attest:
~~4r<<~~
!lnJ, Cynt a .-Goudea~ '"
U. City Clerk . - -", ' -
Leslie K. Dougall- es
Assistant City Attorney
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Ordinance No.7568-05