2000-24142
RESOLUTION NO. 2000-24142
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE CITY MANAGER
OF THE CITY OF MIAMI BEACH TO ENGAGE EXPERTS
AND CONSULTANTS WITH REGARD TO DETERMINING
WHETHER THE CITRUS CANKER DISEASE EXISTS
WITHIN THE CITY OF MIAMI BEACH AND FURTHER
DIRECTING AND AUTHORIZING THE CITY
ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE
TO TAKE ALL NECESSARY STEPS TO SECURE
INJUNCTIVE OR ANY OTHER TYPE OF APPROPRIATE
RELIEF IN PREVENTING THE UNNECESSARY
DESTRUCTION OF HEALTHY TREES AND THE
UNNECESSARY DESTRUCTION OF PRIVATE PROPERTY
IN THE CITY OF MIAMI BEACH.
WHEREAS, the Mayor and City Commission of the City of Miami Beach reasonably
believe that healthy trees are being unnecessarily destroyed and removed from private and public
properties within the City of Miami Beach by the Florida Department of Agriculture and Consumer
Services ("Department") via the State of Florida's Citrus Canker Eradication Program; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach also reasonably
believe that the destruction and unnecessary removal of healthy trees within the City reduce property
values and has an adverse affect upon the residential character and the lush tree canopy in the City
of Miami Beach; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach deem it in the
best interest of the City that the City Manager be authorized to engage experts and consultants with
regard to determining whether the citrus canker disease exists within the City of Miami Beach and
to thereafter determine a plan of action in order to address such findings; and
WHEREAS, while research is being conducted to determine whether the extent to which
citrus canker exists within the City, healthy trees are in process of being unnecessarily destroyed by
the Department; that such needless destruction irreparably injures the City and its citizens and
deprives them of their property without due process of law; thus, the City Administration, in
conjunction with the City Attorney's Office, should be authorized and directed to take any and all
necessary steps on a temporary and permanent basis to prevent the destruction of private property
and the removal of healthy trees from the City of Miami Beach.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1.
The City Manager is hereby authorized and directed to engage experts and
consultants with regard to evaluating the presence of the citrus canker disease
within the City of Miami Beach and whether healthy trees and private
properties are being unnecessarily destroyed or threatened via the Citrus
Canker Eradication Program.
Section 2.
During the period that the evaluation process is occurring and thereafter, the
City Administration, in conjunction with the City Attorney's Office, are
hereby authorized and directed to take all necessary steps to secure injunctive
or any other type of appropriate relief on a temporary and permanent basis,
including joining with other local governments and private parties engaged
and to be engaged in litigation or negotiation with the Department to prevent
the further destruction of healthy trees and private properties within the City
of Miami Beach.
PASSED and ADOPTED this 31st day of October, 2000.
ATTEST:
\2rtJ p~
CITY CLERK
1M
MAYOR
DJT:lm
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
F:\A TTO\DUBM\RESOLUTI\CANKER.DEB
1;1~ ~// ~ rO-]I-Ol)
CIty DIllIe
OFFICE OF THE MAYOR & COMMISSION
CITY OF MIAMI BEACH
INTEROFFICE MEMORANDUM
C: mj)(,
tfll.t
(lS
00 .}yl,j)5....
OCT 30 :n.J
~
iCE fB
sP
fDlJ
TO:
CITY COMMISSION
JORGE M. GONZALEZ
CITY MANAGER
FROM:
MURRAY H DUBBIN
CITY ATIORNEY
NEISEN KASDIN "Y'---\~
MAYOR
SUBJECT: EMERGENCY COMMISSION MEETING
DA1lE: 10/30/00
Pursuant to section 2.04 of the City Charter, please schedule an emergency City Commission
meeting regarding the citrus canker eradication on Miami Beach for Tuesday, October 31,
2000 at 5:00 p.m.
NOK/ sm
Robert Parcher, City Qerk
Agenda Item 12-, A
Date 10 - 31-00