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HomeMy WebLinkAboutReso 1984-11506 Revised 1/11/84 RESOLUTION NO. 11506 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING METROPOLITAN TRANSIT DEVELOPMENT BOARD'S (MTDB) PROPOSED BILLBOARD LITIGATION SETTLEMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, MTDB is a defendant in litigation arising from its removal of 40 billboards along the Arizona & Eastern Railway, and WHEREAS, 19 of those structures were within the City of Chula Vista, and WHEREAS, MTDB has entered into a proposed settlement with the plaintiff billboard companies which would call for the City of Chula Vista to allow the erection of two replacement billboards, and WHEREAS, the two billboards would be erected on the east side of 1-5 north of "E" Street in a location subject to staff approval, and WHEREAS, the two billboards would be approved for a term of fifteen (15) years after which time they would have to be removed unless further approval of the City Council is obtained, and WHEREAS, MTDB will dedicate the rent received for the signs, $4,100 per year per sign, for trolley maintenance and improvements within the City of Chula Vista. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve of the proposed billboard litigation settlement subject to the following conditions: 1. There shall be two signs, standardized double-faced, painted bulletin, with 14 feet by 48 feet copy face and customary cut outs and add ons permitted for a lease period of fifteen years commencing from the date on which the display structure is constructed. -1- ~ 5-.;I-t?-.:P1/ ;f! - //S-:7~ 2. The two structures shall be located to the east of 1-5 and north of "E" Street at a location to be approved by City staff. 3. The rent of $4,100 per year per sign received by MTDB will be dedicated for trolley maintenance and improvements within the City of Chula Vista pursuant to mutual agreement between MTDB and the City of Chula Vista. 4. This resolution is sUbject to agreement with: (a) MTDB wherein the $8,200 per year received from the lease is put into a joint trust account for special projects which will be chosen by the City of Chula Vista and approved by MTDB for work in the MTDB right-of-way. (b) Gannett Outdoor and Metramedia wherein they will, without waiving their right to request an extension beyond the fifteen-year lease, agree to remove the billboards without compensation from the City and waive their right to sue the City for any continuing use. Presented and Approved as to form by / \cz;7/r~/v ( ~ /\,^/''-.r ,Thomas J. Harron, City Attorney i , -2- R- IISIJ' ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF JlA VISTA, CALIFORNIA, this lOth day of January 84 . by the fOllowing vote, to-wit: Malcolm, Moore, McCandliss, Scott ES: Councilmen : YES: Councilmen: STAIN: Councilmen : SENT: Councilmen : None None Mayor Cox ~ 1M- ""~ TEST ~t?t~ 1ll(3f;;h~ j/ City Clerk MAYOR PRO TEMPORE HE OF CALIFORNIA ) JNTY OF SAN DIEGO ) ss. Y OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11506 ,and that the same has not been amended or repealed. rED City Clerk ( seal) -660 - MpT