TITLE
Consider a memorandum/resolution approving a release and settlement agreement in the case of Beau Burkett Media LP v City of Killeen, Killeen Zoning Board of Adjustment, and Earl Abbott.
SUMMARY
DATE: October 3, 2017
TO: Ronald L. Olson, City Manager
FROM: Kathryn H. Davis, City Attorney
SUBJECT: Approval of a release and settlement agreement with Beau Burkett Media LP
BACKGROUND AND FINDINGS:
On February 6, 2017, Burkett Media’s application for a sign permit for a 672 sq. ft. billboard was denied because it was proposed within the 1500 foot radius of another large off-premises sign, a city billboard. The city’s ordinance requires that the distance between the requested large off-premises sign site and the closest off-premises sign be greater than 1500 feet measured as a radial distance. Burkett appealed the Building Official’s determination to the City Manager and then to the Zoning Board of Adjustment. The appeal was denied.
On May 17, 2017, Burkett filed a petition for writ of certiorari and other relief in the 169th Judicial District Court naming the City of Killeen, the Zoning Boarding of Adjustment, and Earl Abbott in his official capacity as Building Official as defendants. The petition alleges various claims including that the determination of the Building Official and Zoning Board are illegal, that the city’s sign is illegal under TxDOT regulations, and that the city’s ordinance is unconstitutional to the extent it regulates signs based on content. The City denied these allegations and removed the case to federal court based on the constitutional claims.
TML Risk Pool assigned this case to Naman Howell Smith & Lee, Attorneys at Law, to assume defense of this case. After initial pleadings, Judge Manske recommended that the parties attempt to mediate the case prior to formal discovery. In response to Judge Manske’s recommendation, the City negotiated a settlement agreement subject to City Council approval with the following term...
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