HomeMy WebLinkAboutR-2000-180 RESOLUTION NO. 2000-180
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO
INTERVENE AS A PLAINTIFF IN A LAWSUIT BROUGHT BY THE CITY
OF POMPANO BEACH AND OTHER MUNICIPALITIES, SEEKING
INJUNCTIVE RELIEF AGAINST BOB CRAWFORD, IN HIS CAPACITY AS
COMMISSIONER OF THE FLORIDA DEPARTMENT OF AGRICULTURE,
REGARDING THE CITRUS CANKER ERADICATION PROGRAM.
WHEREAS, Bob Crawford, in his capacity as Commissioner, Florida Department
of Agriculture and Consumer Services, has declared "an agricultural emergency" and
established a quarantine covering areas of South Florida, including, but not limited to,
the City of Dania Beach and other municipalities in Broward County; and
WHEREAS, Bob Crawford has initiated within the quarantine area, including
Dania Beach, the Citrus Canker Eradication Program (CCEP) which includes the
removal of those citrus trees infected with citrus canker, and those located within 1900
® feet of an infected tree, whether infected or not; and
WHEREAS, the CCEP may violate the due process protections of the United
States Constitution and the Florida Constitution; and
WHEREAS, if the CCEP is not enjoined and if a judicial determination is not
made regarding the program, irreparable harm may well be caused to numerous
citizens of the City of Dania Beach who are owners of citrus trees; and
WHEREAS, the City of Pompano Beach, along with Broward County, Cooper
City, the Cities of Plantation, Margate, Coconut Creek and Margate, and the Towns of
Davie and Southwest Ranches, have filed an action seeking an injunction to stop the
CCEP from continuing and has requested other cities to intervene with them as party
plaintiffs in such lawsuit; and
WHEREAS, the public interest of the citizens of Dania Beach will be best served
by the participation of the City of Dania Beach in such lawsuit.
RESOLUTION NO. 2000-180
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Dania Beach, Florida:
Section 1: The City Commission of the City of Dania Beach authorizes the City
Attorney, on behalf of the City and its residents who own citrus trees within the
quarantine area, to intervene as a party plaintiff in the lawsuit filed by the City of
Pompano Beach and other municipalities against Bob Crawford, in his capacity as
Commissioner, Florida Department of Agriculture and Consumer Affairs, seeking an
injunction to stop the Citrus Canker Eradication Program (CCEP) from continuing, and
to take whatever other legal steps appropriate to protect Dania Beach's interests in this
action.
Section 2: This resolution shall take effect immediately upon its passage and
adoption.
PASSED AND ADOPTED this 1st day of NOVEMBER, 2000.
Cz��a_A, Zz�
C.K. MCELYEA
MAYOR - COMMISSIONER
ATTEST: ROLL CALL:
MAYOR McELYEA - YES
J1 �Gv it. -Y VICE-MAYOR BERTINO- YES
SHERYL HAPMAN COMMISSIONER CALI - YES
ACTING CITY CLERK COMMISSIONER ETLING -ABSENT
COMMISSIONER MIKES- YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMP�S J. ANSBRO
CITY ATTORNEY
RESOLUTION NO. 2000-180