97-084 RESOLUTION NO. 97-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, EXPRESSING OPPOSITION
TO S 1256, THE CITIZENS ACCESS TO JUSTICE ACT OF
1997, AS PRESENTLY UNDER CONSIDERATION BY THE
UNITED STATES SENATE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, S 1256, the Citizens Access to Justice Act of 1997, is presently
under consideration by the United States Senate; and
WHEREAS, this Council opposes the passage of this bill as it would significantly
increase municipal legal costs and liability by permitting developers and other
claimants to file suit in federal court before exhausting administrative remedies or state
court actions for alleged "takings"; provide developers with a significant tool to threaten
local governments with costly litigation, imposing a new, unfunded federal mandate and
federal intrusion in purely local issues; and give federal courts the authority to hear
arguments and make decisions that are legitimately the domain of state and local
courts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. This City Council opposes the passage of the Citizens Access to
Justice Act of 1997 (S 1256) as presently under consideration by the United States
Senate.
Section 2. This City Council urges the members of the U. S. Senate to vote
against this bill.
Resolution No. 97-8._~4
Page 2
Section 3. The City Manager is hereby directed to forward a copy of this
Resolution to Senators Connie Mack and Bob Graham and the National League of
Cities, Inc.
Section4.. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by CouncilmemberRoge~:s-]~be]~t, who
moved its adoption. The motion was seconded by Councilmember ~'erZo,~ , and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin :les
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 16th day o~
~R'~T'HUR I. S/I(IYDEI~, MAYOR
ATTEST:
TERESA M SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY