HomeMy WebLinkAboutResolution No. 1998-12 (1) (Failed & # Reassigned)1
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RESOLUTION NO. 98-12
WITHDRAWN/REASSIGNED
A RESOLUTION OF '1'.HE CITY OF CAPE CANAVERAL, FLORIDA
OPPOSING THE COMMITTEE SUBSTITUTE FOR SENATE BILL 92
(CS /SB 92) DUE TO THE ANTICIPATED DETRIMENTAL IMPACT ON
THE ABILITY OF GOVERNMENT AGENCIES TO PROVIDE NEEDED
TRANSPORTATION INFRASTRUCTURE AND PROVIDE NEEDED
TRANSPORATION INFRASTRUCTURE AND PROVIDING FOR AN
Er INECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida has reviewed the
proposed changes to eminent domain legislation (Senate Bill 92); and
WHEREAS, the proposed CS /SB 92 provides for an increase in business damages paid
by Governmental agencies in eminent domain litigation; and
WHEREAS, the increase will result from provisions in CS /SB 92 that broaden
compensable business activities, permit compensation for diminution of access, reduce the
business longevity threshold, and eliminate the option of a full property taking when costs
exceed those for a partial property taking; and
WHEREAS, the compensation of property owners relating to eminent domain litigation
is already a significant cost and time component of transportation projects; and
WHEREAS, the fiscal impact of the proposed bill has not been determined, but will
likely be substantial; and
WHEREAS, the additional compensation resulting from CS /SB 92 will further impair
the ability of local governments to pursue necessary transportation projects because additional
funds will be necessary for right -of -way acquisition, thereby reducing the funds available for
construction; and
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City of Cape Canaveral, Florida
Resolution No. 98 -12
Page 2
WHEREAS, the reduction of transportation construction funding detrimentally affects
public safety and economic development.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida as follows:
SECTION 1. The City Council of the City of Cape Canaveral, Florida opposes CS /SB 92
due to the anticipated detrimental impact on the ability of governmental agencies to provide
needed transportation.
SECTION 2. The City Clerk is directed for forward copies of the resolution to the
Brevard Legislative Delegation and the Florida Department of Transportation.
SECTION 3. This Resolution shall take effect immediately upon adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this
day of , 1998.
ATTEST:
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
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Rocky Randels, MAYOR
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Joy Salamone
FOR AGAINST