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HomeMy WebLinkAboutR-00-0949J-00-942 10/26/00 RESOLUTION NO. 0 0 ` 9 i..l 9 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS, NECESSARY OR PERMITTED, TO SAFEGUARD AND PROTECT THE INTERESTS OF THE CITY OF MIAMI AS DIRECTED BY THE CITY COMMISSION AT ITS MEETING OF OCTOBER 26, 2000, INCLUDING LITIGATION OR ANY METHOD REQUIRED RELATED TO THE STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES' ("STATE") ENFORCEMENT OF THE CITRUS CANKER ERADICATION PROGRAM ("PROGRAM"), SUCH AS MANDATING (1) RELIEF FROM THE STATE'S DUE PROCESS VIOLATIONS AGAINST CITY OF MIAMI ("CITY") RESIDENTS AND PROPERTY OWNERS, (2) REPLACEMENT COST RESTITUTION BY THE STATE TO ALL AFFECTED CITY RESIDENTS AND PROPERTY OWNERS FOR EACH DESTROYED TREE, AND (3) COMPLETE REMOVAL BY THE STATE OF ALL CONSEQUENTIAL PROGRAM DEBRIS, AND REIMBURSEMENT TO THE CITY OF ALL COSTS INCURRED BY THE CITY FOR REMOVAL OF PROGRAM DEBRIS. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Attorney is hereby authorized to take any and all actions, necessary or permitted, to safeguard and protect the interests of the City of Miami as directed by the City Commission at its meeting of October 26, 2000, regarding litigation or any method required related to the State of Florida Department of Agriculture and Consumer Services' ("State") CITY GO ISSIO]N MEETING OF CT 2 6 2000 I 8esolution 140. enforcement of the Citrus Canker Eradication Program ("Program"), such as mandating (1) relief from the State's due process violations against City of Miami ("City") residents and property owners, (2) replacement cost restitution by the State to all affected City residents and property owners for each destroyed tree, and (3) complete removal by the State of all consequential Program debris,, and reimbursement to the City of all costs incurred by the City for removal of Program debris. Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.V PASSED AND ADOPTED this 26th day of October , 2000. JOE CAROLLO, MAYOR in accordance with Miami Code sec. 2-36, since the Mayor did not indicate approva this legislation by signing it in the designated place rovide legi;;latio� ��r becomes effective with the: r!apsc of t tt ) da ­s, f, the d to of C mi , actio regarding same, without the May rci ing a ATTEST: Walter ' a ity Clerk WALTER J. FQEMAN, CITY CLERK APPRD A,/TO FO AND CORRECTNESS : t/ A RO VIL C Y ATTORNEY W4824:BSS 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon.override of the veto by the City Commission. ` Page 2 of 2�" OCT-19-2000 09 : 48 COMMISSIONER SANCHEZ CITY OF MIAMI. FLORIDA ODISTRICT INTER -OFFICE MEMORANDUlN COMMISSIONER SANCHEZ TO: Carlos Gimenez DATE : October 19, 2000 FILE: City Manager SUBJECT: Citrus Canker Eradication Program FROM: REFERENCFS: hJoENCLOSURC Commissioner S' I respectfully request that the issue of the Citrus Canker Eradication Program and the pending City of South Miami law suit be discussed at the October 26t' Commission Meeting. I appreciate your attention in this matter. Cc: Elvi Alosno, Agenda Coordinator 0 0 � 1 TOTAL P.01