97-062 RESOLUTION NO. 97-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA SUPPORTING AN
AMENDMENT TO STATE AND FEDERAL LAW TO
ENABLE MUNICIPALITIES TO PROVIDE FOR THE
AMORTIZATION AND REMOVAL OF COMMERCIAL
ADVERTISING SIGNS LAWFULLY ERECTED ALONG
ANY FEDERAL-AID PRIMARY HIGHWAY, WITHOUT
PAYMENT OF JUST COMPENSATION; PROVIDING FOR
DISTRIBUTION OF RESOLUTION; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, 23 U.S.C. 131 mandates that federal highway funds shall not be
provided to any State which fails to enact legislation providing for the payment of just
compensation for the removal of outdoor advertising signs along the federal aid
primary highway system; and
WHEREAS, because of the federal mandate for payment of just compensation,
as described above, the State of Florida, pursuant to Section 479-15(2) Fla. Stat.
prohibits any municipality from removing any billboard or other commercial advertising
sign lawfully erected along any portion of the federal-aid primary highway system
without first paying just compensation for such removal; and
WHEREAS, uncertainty in the determination of the measure of "just
compensation" exposes municipalities to substantial liability; and
WHEREAS, the zoning technique of amortization, termination of lawful non-
conforming status and removal of nonconforming signage is a recognized and
constitutional mechanism which allows lawfully erected signs to be amortized out and
removed without the payment of just compensation; and
WHEREAS, Section 479.15(2) Fla. Stat. contravenes this wall-established
zoning technique.
Resolution No. 97-62
Page 2
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. That the above stated recitals are hereby confirmed as if set forth
herein.
Section 2. That the City Council of the City of Aventura respectfully calls upon
the United States Congress and the Florida Legislature to respectively amend the
above-cited provisions of the United States Code and the Florida Statutes so as to
enable municipalities to utilize amortization techniques for the removal of non-
conforming commercial advertising signage, including billboards, along the federal-aid
primary highway system without payment of just compensation. Alternatively, a
mechanism must be legislatively developed which establishes and strictly limits the
measure of "just compensation" for purposes of sign removal.
Section 3. That a copy of this Resolution shall be distributed to the Dade
County Legislative Delegation of the Florida Legislature, Congressman E. Clay Shaw,
Senators Bob Graham and Connie Mack, the National League of Cities, the Florida
League of Cities, and the Dade County League of Cities.
Section 4. That this Resolution shall be effective immediately from and after
adoption hereof.
The foregoing Resolution was offered by Councilmember Cohen, who moved its
adoption. The motion was seconded by Councilmember Berger, and upon being put
to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Patricia Rogers-Libert yes
Resolution No. 97-62
Page 3
Vice Mayor Jeffrey M. Perlow yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 16th day of September, 1997.
ARTHUR I.- SM~'DER, MAYOR
ATTES-I~
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY