121 RESOLUTION NO. _____ _
2 A Resolution in support of U.S. Senator Bill Nelson's calling for the use of eminent
3 domain to obtain the necessary land for Everglades restoration.
4 WHEREAS, on Thursday June 30, 2016, Florida Governor Rick Scott declared a State of
5 Emergency in response to toxic blue green algae that closed beaches along Florida's Treasure Coast
6 caused by polluting nutrient runoff from Lake Okeechobee discharged into the Caloosahatchee and St
7 Lucie Rivers; and
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9 WHEREAS, also on Thursday, June 30 2016, U.S. Senator Bill Nelson said he supported the use
10 of eminent domain to buy sugar farmers' land in order to send excess Lake Okeechobee water south for
11 treatment before sending it south into the Everglades; and
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13 WHEREAS, Florida Crystals Corp., owned by Jose and Alfonso Franjul, Jr., have repeatedly
14 spumed offers by the state and federal government to purchase their land to create the marshes necessary
15 for the removal of polluting nutrients so that the water could be sent south into the Everglades. Florida
16 Crystals Corp.'s refusal to sell has forced the Army Corps of Engineers to send nutrient-laden water into
17 the St. Lucie and Caloosahatchee Rivers.
18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
19 OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
20 Section 1. The Mayor and Commission of the City of South Miami call upon all elected officials
21 to support Senator Bill Nelson's proposal to use eminent domain procedures in a "takings" of land owned
22 by Florida Crystals.
23 Section 2. A copy of this resolution shall be sent to the Governor, all members of his Cabinet, all
24 members of the Florida Legislature, all Congressmen and Senators representing Florida and every elected
25 official represented whose governing body is a member ofthe Florida League of Cities.
26 Section 3. If any section clause, sentence, or phrase of this resolution is for any reason held
27 invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of
28 the remaining portions of this resolution.
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30 Section 4. This resolution shall become effective immediately upon adoption by vote of the City
31 Commission.
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33 PASSED AND ADOPTED this __ day of _____ , 2016.
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ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
I