2008-R-09
RESOLUTION NO. 2008-R-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEW A TER, FLORIDA, OPPOSING NIAGARA
BOTTLING, LLC'S CONSUMPTIVE USE PERMIT
APPLICATION SUBMITTED TO THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT; REGISTERING AN
OBJECTION TO THE ISSUANCE OF A CONSUMPTIVE
USE PERMIT TO NIAGARA BOTTLING, LLC;
DIRECTING THE CITY CLERK TO PROVIDE A COpy OF
THIS RESOLUTION UPON APPROVAL TO ST. JOHNS
RIVER WATER MANAGEMENT DISTRICT; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY AND EST ABLISHING AN
EFFECTIVE DATE.
WHEREAS, the mission statement of the S1. Johns River Water Management District
(SJRWMD) is to "...ensure the sustainable use and protection of water sources for the benefit of
the people of the District and the State of Florida", and
WHEREAS, on November 2,2007, Niagara Bottling, LLC, a California based company,
submitted a permit application for consumptive uses of water for the Project Falls Bottling Plant,
a water bottling facility that will manufacture plastic water bottles and purify groundwater to fill
the water bottles; and
WHEREAS, approval of this consumptive use permit will allow Niagara Bottling, LLC
to withdraw and export 490,000 gallons each day or 178.850 million gallons each year for profit;
and
WHEREAS, the City of Edgewater has a vested interest in the ability to provide
adequate, affordable, and sustainable future water supply to its citizens that does not adversely
impact the environment; and
2008-R-09
WHEREAS, the City of Edgewater desires to notify the St. Johns River Water
Management District of its objection to Niagara Bottling, LLC's application, its proposed use
and to register an objection on behalf of the City.
NOW, THEREFORE, be it resolved by the City Council of the City of
Edgewater, Florida as follows:
Section 1.
The City of Edgewater objects to Niagara Bottling, LLC's Permit
Application for Consumptive Uses of Water that seeks to withdraw and export 178.850 million
gallons of water per year and 490,000 gallons of water per day from Florida's aquifer for the
purpose of bottling water.
Section 2.
The City, by passage of this Resolution, registers its objection to Niagara
Bottling, LLC's application with St. Johns River Water Management District and further
registers its objection to the issuance of a consumptive use permit to Niagara Bottling, LLC.
Section 3.
The City Council directs the City Clerk to provide a copy of this
Resolution upon adoption to the St. Johns River Water Management District.
Section 4.
If any section, subsection, sentence, clause, phrase, or portion of this
Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court,
such portion of application shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions or application hereof.
Section 5.
All resolutions or parts of resolutions in conflict herewith be and the same
are hereby repealed.
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Section 6.
This resolution shall take effect immediately upon its adoption.
After Motion to approve by COW\{'.I \ 1t!()f"mJ) ehrrle <;
and second by
COlr\flJ!IlION\flr1 R.::S",j'<' , the vote on this resolution was as follows:
AYE
NAY
Mayor Mike Thomas
x
X
X-
X
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
'f.
PASSED, APPROVED AND ADOPTED this 18th day of August, 2008.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDG , FLORIDA
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Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form
and legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
Approved by the City Council of the City of
Edgewater at a meeting held on this 18th
day of August, 2008 under Agenda Item No.
B-'
2008-R-09
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