INTER-OFFICE CORRESPONDENCE
MEMORANDUM NO. 2008-008
TO: Mayor
Members of the City Commission
CC: Richard Sala,
City Manager
Ambreen Bhatty, Assistant City Manager
FROM: Samuel
S. Goren, City Attorney
DATE: January 16, 2008
RE: City
of
At
the City Commission meeting on January 8, 2008, the City Commission directed
the City Attorney’s Office to prepare a resolution opposing the reduction of
the water levels of
Our
office was directed to prepare this item in response to the South Florida
region’s ongoing water shortage, as well as the past reductions in
The
decisions to adjust the water levels of
As
a result of this shortage, yet in light of the potential for positive impacts,
the City Commission concluded that the
If
there are questions regarding this matter, please do not hesitate to contact
our office.
SSG/JGH:js
H:\790287.NL\MEMO 2008\2008-008 (Lake Okeechobee Water
Level Reduction).doc
RESOLUTION NO._______________
A RESOLUTION OF THE
CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, OPPOSING THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT’S FUTURE DEPLETION OR REDUCTION OF THE LEVELS
OF LAKE OKEECHOBEE BY SENDING WATER INTO THE SOUTHERN BASINS UNLESS A
DOCUMENTED, PROFESSIONAL BASIS EXISTS TO DO SO; URGING MUNICIPALITIES IN
BROWARD COUNTY AND THROUGHOUT THE STATE OF FLORIDA TO JOIN IN THIS OPPOSITION;
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT, THE GOVERNOR, AND ALL OTHER MUNICIPALITIES
LOCATED IN BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the South Florida Water
Management District (“SFWMD”) is the regional governmental agency responsible
for water quality, flood control and water supply for sixteen (16) Florida
counties, and is particularly responsible for maintaining the water levels of
Lake Okeechobee; and
WHEREAS, at approximately 730 square miles, Lake Okeechobee is
the second largest fresh-water lake wholly within the continental
WHEREAS, due
to limited rainfall and other adverse climate conditions, Lake Okeechobee has
suffered a reduction in water level which has resulted in water restrictions
throughout the South Florida region; and
WHEREAS, in
July 2000 the SFWMD approved the Water Supply/Environmental (“WSE”) regulation
schedule to monitor the water levels of
WHEREAS, the operational
flexibility of the WSE schedule allows for adjustments to be made to the
regulatory discharge and redistribution of water in and around
WHEREAS, failure
to carefully examine any and all adjustments to the water levels of Lake
Okeechobee may result in significant and longstanding negative impacts on
communities throughout the State of Florida; and
WHEREAS,
adjustments to the water levels in Lake Okeechobee should only be implemented
after a careful review of the impacts of such adjustments and based on the
existence of a documented, professional analysis; and
WHEREAS,
the City Commission of the City of North Lauderdale opposes any drainage or
reduction in the water levels of Lake Okeechobee without a sound, documented
reason to do so; and
WHEREAS, the
City Commission concludes that requiring a documented analysis justifying a
reduction in water levels of Lake Okeechobee in order to effectuate such an
adjustment to be in the best interests of the citizens and residents of the
City and the State of Florida.
NOW,
THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
Section 1. The foregoing "WHEREAS"
clauses are hereby ratified and confirmed as being true and correct and are
hereby made a specific part of this Resolution.
Section 2. The City Commission of the City of North
Lauderdale, Florida hereby opposes the South Florida Water Management
District’s future reduction or depletion of the levels of
Section 3. The City Clerk is hereby directed to provide a certified
copy of this Resolution to the South Florida Water Management District, the
Governor, and all municipalities located within
Section 4. All resolutions or parts of resolutions
on in conflict herewith be, and the same are hereby repealed to the extent of
such conflict.
Section 5. If any clause, section, other part or
application of this Resolution is held by any court of competent jurisdiction
to be unconstitutional or invalid, in part or application, it shall not affect
the validity of the remaining portions or applications of this Resolution.
Section
6. This Resolution shall
become effective immediately upon its passage and adoption.
PASSED
AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
________________________________
MAYOR
JACK BRADY
________________________________
VICE
MAYOR JOHN R. CANGEMI
ATTEST:
________________________________________
PATRICIA VANCHERI,
INTERIM CITY CLERK
APPROVED AS TO
LEGAL FORM
BY CITY ATTORNEY:
_____________________________
SAMUEL S. GOREN,
ESQUIRE