Resolution 81-16703 RESOLUTION NO. 81-16703
A RESOLUTION OF THE CITY COMMISSION OF MIAMI
BEACH CALLING ON GOVERNOR ROBERT GRAHAM TO
APPROVE THE 1981 LEGISLATURE'S APPROPRIATION
FOR REIMBURSEMENT OF THE CITY ' S LOSS IN
CONVERTING ITS SEWAGE TREATMENT FACILITIES.
WHEREAS, in 1969 and 1970 State Boards approved the right
of municipalities to go forward with construction and maintenance of
their own sewage outfall systems, and
WHEREAS, in 1971 the State of Florida, through its
Department of Environmental Regulation and Air and Water Pollution
Control Board reversed that position and required municipalities to
use secondary treatment sewage facilities , and
WHEREAS, the CITY OF MIAMI BEACH expended over
$1,745 ,000. 00 of its own funds in constructing a sewage outfall ex-
tension in good faith reliance on the 1969 and 1970 State law, and
WHEREAS, the recent federal appeals court case of RITE vs.
COSTLE, F. 2d (5th Cir . 1981) (May 26 , 1981) supports the
position that the CITY OF MIAMI BEACH was wrongfully required by the
federal and state government to pay for and construct a new system,
and
WHEREAS, the 1981 State Legislature appropriated
$1,047 , 217. 00 in its 1982-83 State Appropriation Bill, passed on
June 17 , 1981, and
WHEREAS, this represents only sixty percent (60%) of the
City ' s cost in 1970 , and
WHEREAS, the citizens of Miami Beach deserve this reim-
bursement as a matter of equity and fair play.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that this Commission does
hereby request Governor Robert Graham not to veto Line Item 424B of
the 1982-83 State Appropriation Bill.
PASSED and ADOPTED this 29th day of June , 1981.\\NJ:\ \\'
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ATTEST:
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City Clerk
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FORM APPROVED
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UKlUlNAL1411
RESOLUTION NO. 81-16703
(A Resolution of the City Commission of
Miami Beach calling on Governor Robert
Graham to approve the 1981 Legislature's
appropriation for reimbursement of the
City's Loss in converting its Sewage Treat-
ment Facilities.)
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