HomeMy WebLinkAboutR-74-0524■
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6/26/64
RFSOtttTIoN NNcy. 70%rdiday
A RESOLt7TION DIREtTtMG THE CITY ATTORNEY
OF THE CITY OF MIAMI TO TAKE THE APPROPRIATE
LEGAL ACTION TO SECURE A DETERMINATION OF
THE RIGHTS OF THE CITY OF MIAMI, UNDER
HOUSE BILL 4018, WITH'RESPbCT TO THE FILLING
OF BAY BOTTOM LANDS CURRENTLY IN PROGRESS
BY THE FLORIDA EAST COAT RAIMAY COMPANY.
WHEREAS, the.0 ity Commission of the City of Miami
has previously directed the City Attorney to examine House
Bill 4018, recently passed by the Florida State Legislature
and approved by the Governor on June 11, 1974, for the purpose
of making a determination as to whether or not the Bill would
bar the Florida East Coast Railway Company from filling certain
bay bottom lands in Biscayne Bay, adjacent to its property which
is currently involved in eminent domain proceedings brought by
the City; and
WHEREAS, House Bill 4018 provided for the establishment
of Biscayne Bay as an aquatic ,preserve and further provides that
no further dredging or filling of submerged lands of the preserve
shall be approved or tolerated by the Trustees of the Interzlal
Improvement Trust Fund except under certain conditions; and
WHEREAS, the City Attorney of the City of Miami has
determined that there is an area of uncertainty with respect to
S
an interpretation of House Bill 4018 concerning its application
to the present filling.of the bay bottom lands by the Florida
East Coast Railway Company; and
WHEREAS, the City Attorney has advised that an action
for a declaratory judgment against the Florida East Coast Railway
"DOCUMENT INDEX /�rccAf
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ITEM NO. _ol Jv
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Company and filed in the Circuit Court in and for Dade County
is an appropriate method for a determination of the rights of
the City of Miami, by virtue of House Bill 4018 with respect to
the aforesaid filling of the bay bottom lands.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISS ION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The City Attorney of the City of Miami is
hereby directed to take the appropriate legal action to secure
a determination of the rights of the City of Miami under House
Bill 4018 with respect to the filling of bay bottom lands cur-
rently in progress by the Florida East Coast Railway Company.
PASSED AND ADOPTED this.27day o
APPROVED AS TO FORM AND CORRECTNESS:
6" '
HN S. LLOYD, City Att
y
1974.