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Resolution 1994-420 JUKE ]4. ] 994 RESOLUTION NO. 94- 420 RESOLUTION APPROVING A SETTLEMENT IN THE MATTER OF THE GLADES, INC. V. COLLIER COUNTY, CASE NO. 90-101-CIV-FTM-2S-D, AND THE GLADES, INC. V. JOHN WILVER, CASE NO. 92-106-CIV-FTM-1S (D), PRESENTLY PENDING IN THE ELEVENTH CIRCUIT COURT OF APPEALS, UNITED STATES OF AMERICA. WHEREAS, The Glades, Inc. filed suit in Circuit Court against the Board of County Commissioners challenging the .application of Collier County Sign Ordinance No. 89-60, which case was sUbsequently removed to Federal Court by counsel for the County; and WHEREAS, in Plaintiff's complaint it requested that the Court declare that the County had arbitrarily applied Collier County Ordinance No. 89-60 and further requested the Court to enjoin the County from applying this ordinance, together with all attorney's fees and costs expended by the Plaintiff; and WHEREAS,' by Order of June 7, 1993, the Middle District Court of Appeals held that Collier County's Sign Ordinance No. 89-60 ,I is null and void because it was not enacted in compliance with the notice' and hearing requirements of Section 125.66, Florida ~tatJtes, applicable to zoning ordinances; and WHEREAS, Collier County moved the Court to reconsider its earlier-Order, finding said sign ordinance null and void, on June 15, 1993; and -- ~EREAS, Chief Judge Sherman G. Finesilv~r, writing for the Court, denied the Motion for Reconsideration filed by the County and reaffirmed that Collier County Sign Ordinance No. 89-60 is null and void and directed the County to process the Plaintiff's application to add the requested sign copy in accordance with Ordinance No. 82-2; and WHEREAS, the Plaintiff has agreed to the dismissal with prejudice of both pending appeals before the Eleventh Circuit Court of Appeals, pursuant to the County processing its sign ~ < ' ;'j .~ I~ ' $; I...~..r:.....' i: ~. " 'i'.< .. ' ~:';:' 'W ~~~. ."..........j.... . ,", ~~ I ~!' ~. ~;. JUKE ]4, ]994 application, together with the payment to Plaintiff's counsel of the sum of seven thousand, five hundred and nO/100 ($7,500.00) do~lars as full and complete attorney's fees and costs expended in this action by the Plaintiff; and . WHEREAS, such action will result in the termination of both matters filed by the Plaintiff and will extinguish any further exposure enjoyed by the County for damages, attorney's fees and costs. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board accepts " the pr~posed settlement agreement negotiated between The Glades, Inc. and Collier County and approves the conditions setforth herein. BE IT FURTHER RESOLVED that the Board of County Commissioners authorizes the County Attorney's Office to execute the Settlement Agreement between the parties on behalf of the Board of County Commissioners. This Resolution adopted after motion, second and majority vote. D~~~I?:.~(.~I Jl'y .. " .-""",'.'4 . ATTeST: '...:.,;::. ,1:. ". .' DwiGHT ..;Ei:~ BR'OC}(,~ CLERK ;. fj);:'~}:.~::> ';..: : . ~,:; ...),.....~:\:'.,4~(..~,.,; ': ~::'.. I "4~~#~~ .-;;P~(l, .... ,/.;'.;,'.,. , . ~A'.""'J Appro~~a;as to form and legal sufficiency: ~~- Davi E. ry t Assi tant~county Attorney DEI/a/1213