TA2005-10003
TA2005-l0003
Amendments to the
Community
Development Code
City of Clearwater
" ,.
e
e
NOTICE OF OF SETTLEMENT AGREEMENT
The City of Clearwater proposes to adopt the following ordinance (contd from 11/15/05):
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; PROVIDING FOR NOTICE; PROVIDING REPRESENTATIONS AND
WARRANTIES AS TO THE PARTIES' AUTHORITY TO ENTER INTO THE SETTLEMENT AGREEMENT; PROVIDING
FOR ENFORCEMENT; PROVIDING 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; 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 "H"; PROVIDING FOR OTHER MODIFICATIONS THAT MAY ARISE FROM
REVIEW OF THE ORDINANCE AT THE PUBLIC HEARINGS AND WITH RESPONSIBLE AUTHORITIES; PROVIDING
AN EFFECTIVE DATE.
A public hearing on this ordinance will be held before the Community Development Board on Tuesday, December 20,
2005, at 2:00 p.m., in City Council Chambers, 3rd floor of City Hall, 112 South Osceola Ave, Clearwater, Florida.
(INSERT MAP HERE)
Additional information is available in the Planning Department at the Municipal Services Building, 100 South Myrtle Ave,
Clearwater, Florida.
Florida Statute 286.0105 states: Any person appealing a decision of this board must have a record of the proceedings to
support such an appeal. A person making an appeal will need to ensure that a verbatim record, including testimony and
evidence, is made. The inclusion of this statement does not create or imply a right to appeal the decision to be made at
this hearing if the right to an appeal does not exist as a matter of law.
Citizens may appear to be heard or file written notice of approval or objection with the Planning Director or the City Clerk
prior to or during the public hearing.
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT.
ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE
. .
e
e
IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES WITH THEIR REQUEST AT
(727) 562-4093.
City of Clearwater
P.O. Box 4748
Clearwater, FI 33758-4748
Cynthia E. Goudeau, CMC
City Clerk
Ad: 12/04/05