Fort Walton Beach Council agenda — 10-30-06 ‎(special)‎ — reading text

has, that the City' s Sign Code, including, without limitation, Ordinance 772, as amended by Ordinance 981, as amended by Ordinance 1050, as amended by Ordinance 1129, as amended by Ordinance 1133, as amended by Ordinance 1452 (hereinafter collectively the City' s Sign Code"), violates any laws or constitutional provisions of the United States or the State of Florida., aJ;ld further agrees to release the City from any claim that the City' s Sign Code was not enacted in.accordance with applicable Florida law; provided, however, the parties expressly acknowledge, stipulate and agree that Lamar is not waiving OT releasing any clailn that it may now have, or in the future have, for a violation of 9479.15( 2), Fla. Stat Moreover, Lamar agrees to release Fort Walton and to waive any 3 claim Lamar may have in the future to challenge the validity or enforceability of any amendment to the City' s. Sign Code under any law or constitutional provision of the United States or the State of Florida; provided, howeverl nothing contained herein shall limit or restrict Lamar' s right to challenge the validity or enforceaQility of any amendment to the City' s Sign Code, which advl:% Sely affects Lamar' s billboards or the messages which Lamar can display on its billboards. . 4. Lamar shall be entitled to maintain and operate its eight billboard structures identified in Exhibit " B" attached hereto pursuant to the provisions of Chapter 479, Fla. Stat, and Chapter 14-10, Florida Administrative Code. r, 5. Each party shall be responsible for paying its own attorneys' fees and costs inC1JII'ed in this pro~eeding. 6. This Settlement Agreement shall be submitted to the Circuit Court in and for Okaloosa County, Florid8, for approval and ratification, pursuant to the provisions of Rule l. s40(b)( s), Fla.R.Civ.P. 7. In the event the 1st D. C.A. refuses to grant the relief set forth in the Joint Motion, or in the event the Circuit Court fails or refuses to approve and ratify this Settl~ ent Agreement, this Settlement Agreement shall be rendered null and void. It 8. In the event the 1 D. C. A.grants the relief set forth in the Joint Motion, and the Circuit Court ratifi~s and approves this Settlement Agreement, the Circuit Court shall retain jurisdiction over the parties for the purpose of enforcement and compliance with the provisions of this. Settlement. Agreement. In the event of litigation to enforce or interpret this Settlement Agreement, the prevailing party shall be entitled to an award of its 4 attomeys' fees and costs which shall be paid by the non-prevailing party, including attorneys' fees. and costs incurred at the trial court and appel1~te court levels. DATED: 2k4 t.- DATED: / J! iJ! o R. By: Mark N. Miller, Esquire By: 1/ hkf-I/ ! Robert A.Emmanuel, EsquiIe Florida.BarNo. 239216 Florida Bar No. 283797 Gray. Harris & Robinson,P. A. Robert O. Beasley, Esquire Post Office Box 3 . Florida Bar No. 148512 Lakeland,Florida 33802'-0003 Emmanuel. Sheppard & Condon 863) 284-2251 30 South Spring Street wer 1271 Post Office Dra. Pensacola, Florida. 32501 850) 433- 6581 George N. Meros, Jr., Esquire Gerald S. Livingston,Esquire Florida.Bar No. 026321 Florida Bar No. 112090 Lori S. Rowe. Esquire Aileen Reilly Wilson,Esquire Gray, Harris & Robinson,P. A. Florida.Bar No. 0092452 Suite 600 Livingston & Reilly. P.A. 301 South Bronough Street Post Office Box 2151 Tallahassee, Florida 32301 Orlando, Florida 32802 850) 222- 7717 407)422- 2524 . J. Jerome Miller. Esquire Florida.Bar No. 0128569 Miller & Associates 415 Mountain Drive, Suite 3 DestiD,Florida 32541- 2349 850) 837- 3860 . JOINDER Plaintiffs in the following actions: Brown.Brown & Brown. et at v. city of Fort Walton Beach. Florida. Case No. 00- 2763- C~ in the Circuit Court of the First Judicial Circuit in and foJ' Okaloosa County, Florida; and R. Christensen & S & D Root. et a1 v. 5 MUIrlcipal Code Enforcement Board of the City of Fort Walton Beach. Florid~ Case Numbers 00-2527- CA through 00- 2534- by ~ d through their iJJldersigned a.ttorney, CA., ror and in consideration of ten' dollars ( SI0. 00) and o. V. C., the receipt and sufficiency of which is hereby hereby join in this Settlement Agreement for the purposes acknowledged., of dismissal of the aforementioned cases pursuant to the provisions of this Settlement Agreement.. BY.~ A-c! -/. Robert A.Emmanuel, Esquire 6  7'--'-" - F~'.. jh... ,-r . r. Jh. :\ ih_ . =: t.... _~. _ .-._ _. _ TYPE FACES lOCATION FDOT EAST/ SIDE MECD @ NON 1 P 2 SULLIVAN FAP WEST/SIDE WRIGHT @ " NON 2 p. 2 ROGERS FAP NORTH/ SIDE HOllYWOOD @ NON 3 P 2 R081NWOOD FAP NON 4 P 1 WEST/ SIDE SEAL @ THtRD FAP WEST/ SIDE SEAL 100' SIO NON 5 P 2 WAL TER MARTIN FA? NON 6 . p 2 WE$ T/ SIDE BEAL @ MAPLE FA? NON 7 P 2 EAST/ SIDE SEAL @ MCGRiFF FAP NON 8 B 4 EAST/ SIDE PERRY @ THIRD FAP 8 17 TOTALS ok-"!-..... c..- ".--:- 1= L...:"":' _ ' 0:-' ' Jk .~,. ~ _ ~',-- . _ ~ NORTH sloe HWY. 98 WID 1 p 2 WRIGHT FAP NORTH/ SI DE HWY. 98 SOO' 2 P 2 WID SEAL . FAP SOUTH/ SIDE HWY 98 500' 3 B 2 WIO BEAL FAP NORTH/ SIDE HWY:' 98. . EJO..---. 4 B 2 HARBESON FAP NORTH SIDE HWY. 98 @ 5 B 2 BROOKS BRIDGE FAP SOUTH/ SIDE HWY. 98 @ 6 P 4 BROOKS BRIDGE FAP 7 P 3 EAST/ SIDE EGLIN SIO PERRY FAP EASTfSfDE EGLIN @ 8 B 1 HOLLYWOOD FAP 8. 18 TOTALS e. .... .  LAMAR ADVERTISING EXHIBIT " A" city of Fort Walton Beach Suggested Language for Sign Ordinance (Lamar Advertising) February 25, 2004 . The purpo,se of this language is to eliminate the ambiguity ofthe current ordin~nce and conform to the spirit of t'11e settlement agreement by and between Lamar and the City. The language would recognize th~ existence of and allow fOTTeconstruction and/or to existing structures ,assure proper maintenance and prevent further improvements proliferation of billboards. ' ~ " billboard sign" is Outdoor advertising sign also known as " off premises , sign"" dIor hereinafter referred to as a.bil b"oard' .' BillboardS: , a) A billboard is any sign comp'osed of a flat sUrface upon which adver:tising copy is displayed promoting goods, services of other things not sold or available upon the site where the sign is located. The advertising copy may be changed mam181ly, mechaitically or electronically. Niy mechanical or electronic devices must meet all Florida Department of Transportation regulations. b) A Qillooard isa ~ ent ground sign,supported by a singie meta1licpole attached to,wbich' iS a Sign face' the bottom of which is a' minimum of20' ,above grouruUe.ve. l arid the top ofwbi~hjs a maximum.of 55' ab;ove ~ imd level. ' r' ( c) Ab. ipboard~ ignfaceireais' calculated' as' any.regulargeOm~ cshapewbich. :.': ,. ; ~;, , , cOrtW.ns'~, entire surfiLCe area.ofthe~sign. A y~ shape orP8cktdba.ck . guprtion shall be ronsidered one face. _,' .,'..' . coni?- d) ^ billboard sign shall not the cort.fi~ as side by side faces or staCked ~ s. e) A billboard sign ~ shall not ex~ 380 sq. ft. ' . : Billboards are permitted in the following zo,~es . Billboard structures t)