Res 26-01RESOLUTION NO. 26-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, OPPOSING ALL LEGISLATIVE
INITIATIVES WHICH WOULD ELIMINATE OR DIMINISH THE
AUTHORITY OF LOCAL GOVERNMENTS TO AMORTIZE
BILLBOARDS ALONG "ANY" HIGHWAY SYSTEM, THEREBY
ENLARGING THE CURRENT FEDERAL MANDATE TO PAY CASH
ONLY FOR THE REMOVAL OF SIGNS ALONG FEDERAL-AID
PRIMARY HIGHWAY SYSTEM; SPECIFICALLY OPPOSING SECTION
26 OF PROPOSED HOUSE BILL 1053 AND ANY OTHER ATTEMPTS
TO LIMIT THE LOCAL GOVERNMENT'S ABILITY TO REGULATE
BILLBOARDS; PROVIDING FOR DISTRIBUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Federal Highway Beautification Act [23 U.S.C.A. § 13 l(g)] requires, in part, the
payment of cash as just compensation for the removal of outdoor advertising signs, a/k/a billboards, when
such signs are located adjacent to a federal-aid primary highway system ("federal highway), but does not
require cash compensation when the signs are not adjacent to such federal highways; and
WHEREAS, the courts in Florida have long upheld amortization as a valid alternative to the
payment of cash for those signs along highways "other than" the federal highways, such as in the case of
Lamar Advertising Assoc. of East Florida, Ltd. v. City of Daytona Beach, 450 So.2d 1145 (Fla. 5th DCA
1984); and
WHEREAS, many municipalities cannot afford to pay cash as compensation for the removal of
billboard signs even though such signs have been determined through a legitimate exercise of their police
powers to adversely affect the health, safety and aesthetic concerns of the community; and,
WHEREAS, Section 26 of proposed HB 1053 would jeopardize the ability of many communities to
address the blighting influences caused by many of the outdoor advertising signs and billboards adjacent to
the local roads by making it impossible to remove the signs unless cash is budgeted for the payment of just
compensation; and further, Section 26 of proposed HB 1053 would not permit the removal of such signs as
a valid condition precedent of come development approvals, thereby, effectively allowing these signs to
remain in place against the expressed desires of the community and contrary to the health, safety and
welfare concerns of the community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The Commission of the City of Dekay Beach hereby expresses its opposition to any
Legislative initiatives which would require municipalities to pay cash as just compensation for the removal
of billboard signs along local highways other than the federal-aid primary highway system. The City
Commission specifically opposes Section 26 of proposed HB 1053 since it would jeopardize the ability of
the City of Delray Beach to eliminate such billboard signs due to budget constraints and would effectively
disallow the issuance of valid development orders by the City when such orders are conditioned upon the
removal of billboard signs not adjacent to federal highways; such legislation is hereby strongly opposed by
the City of Delray Beach.
Section 2. The City Clerk is directed to send copies of this Resolution to the Palm Beach County
League of Cities, Inc., the Florida League of Cities, Inc.; the Palm Beach County Legislative Delegation;
Representative Susan Bucher; the Florida Department of Transportation and the other legislators on the
House and Senate Transportation Committees..
Section 3. That this resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED in regular session on the S0 :t~ day of~ , ~2001.
ATTEST: M A Y O R
City Clerk
2 RES. NO. 26-01
£1TY UF DELIII:IY BEI:I£H
DELRAY BEACH
CITY CLERK
AII-AmericaCity
, March 22, 2001
993 Jamie Titcomb, Executive Director
Palm Beach County League of Cities, Inc.
301 North Olive Avenue
West Palm Beach, Florida 33402
100 N.W. 1st AVENUE, DELRA¥ BEACH, FLORIDA 33444 561/243-7000
Re: Resolution No. 26-01
Dear Mr. Titcomb:
Attached is a certified copy of Resolution No. 26-01 opposing all Legislative Initiatives, which
would eliminate or diminish authority of Local Governments to amortize billboards along "any~
highway system. This resolution was passed and adopted by the Delray Beach City Commission in
regular session on the 20m of March, 2001.
Proposed I-lB 1053 would jeopardize the ability of many communities to address the blighting
influences caused by many of the outdoor advertising signs and billboards adjacent to the local
roads by making it impossible to remove the signs unless cash is budgeted for payment of just
compensation. This House Bill would not permit the removal of such signs as a valid condition
precedent of some development approvals, thereby, effectively allowing these signs to remain in
place against the expressed desires of the community and contrary to health, safety and welfare
concerns of the community.
The City of Delray Beach hereby expresses its opposition to any Legislative Initiatives which
would require municipalities to pay cash as just compensation for the removal of billboard signs
along local highway other than the federal-aid primary highway system, and specifically opposes
HB 1053.
Sincerely,
Barbara Garito
Acting City Clerk
ERIC.
F}onda League of C~ies, Inc.
Palm Beach County Legislative Delegation
Representative Susan Bucher
Florida Department of Transportation
House & Senate Transportabon Committees
THE EFFORT ALWAYS MATTERS
[ITY OF DELIiI:iY BEI:I£H
DELRAY BEACH
AII-AmericaCity
CITY CLERK
100 N.W. 1st AVENUE
1993
CERTIFICA, TIO, N
DELRAY BEACH, FLORIDA 33444
561/243-7000
I, BARBARA GARITO, Acting City Clerk of the City of Delray Beach,
do hereby certify that the attached document is a true and correct copy of
Resolution No. 26-01, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 20th of March, 2001.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 21st day of March,
2001.
Barbara Garito, CMC
Acting City Clerk
City of Delray Beach, Florida
(SEAL) _
Prin~ on ~ ~'P~o~r
THE EFFORT ALWAYS MATTERS