HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-088Temp. Reso. #12383
August 14, 2013
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CITY OF TAMARAC, FLORIDA
OV
RESOLUTION NO. R-2013- d 0
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, OPPOSING THE PROPOSED
BROWARD HISTORIC PRESERVATION ORDINANCE
AND URGING THE BROWARD COUNTY COMMISSION
TO REJECT THE PROPOSED HISTORIC
PRESERVATION ORDINANCE; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 6, 2013, a copy of a draft Broward County ordinance
pertaining to Historic Preservation (the "Proposed Ordinance") was presented to the
Board of Directors of the Broward League of Cities for comment; and
WHEREAS, the Proposed Ordinance would add a number of new local
requirements and procedures that regulate the activities on, and maintenance of,
existing historical and archaeological sites and structures within the City and those
sites and structures within the City that may qualify as a historic resource under the
Proposed Ordinance; and
WHEREAS, the preservation of historic and archaeological sites and
structures is already heavily regulated by a number of laws and agencies at both the
Federal and State level, including, but not limited to, the National Historic
Preservation Action of 1966, as amended, the U.S. Secretary of Interior's Standards
for the Treatment of Historic Properties (36 CFT Part 68), the Archaeological
Program (36 CFR Part 7), guidelines developed by the U.S. Secretary of Interior,
Temp. Reso. #12383
August 14, 2013
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Chapter 267 "Historic Resources", Florida Statutes, the State Historic Preservation
Office and the Division of Historic Resources of the Florida Department of State; and
WHEREAS, pursuant to Article Vill, Section 2 of the Florida Constitution and
Section 166.021, Florida Statutes, municipalities have been granted broad home
rule powers to enable them to conduct municipal government, perform municipal
.functions and render municipal services and exercise any power for municipal
purposes, except as otherwise provided by law; and
WHEREAS, the City Commission believes that the County's Proposed
Ordinance unnecessarily burdens municipalities and property owners and potentially
discourages development by imposing additional regulations and obligations on
municipalities, and property owners within Broward County for certain sites and
structures that are already subject to heavy regulation and oversight at the State and
Federal level; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to
be in the best interest of the citizens and residents of the City of Tamarac to oppose
Broward County's proposed Historic Preservation Ordinance and urges the Broward
County Commission to reject the proposed Historic Preservation Ordinance.
Temp. Reso. #12383
August 14, 2013
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
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. All exhibits attached hereto are incorporated herein and made a specific
part of this resolution.
SECTION 2: The City Commission of the City of Tamarac, Florida
hereby opposes the proposed Broward Historic Preservation Ordinance and urges
the Broward County Commission to reject the proposed Historic Preservation
Ordinance.
SECTION 3:
The City Clerk is hereby directed to distribute this
Resolution to the Board of Broward County Commissioners, the Broward County
League of Cities and each of the municipalities in Broward County
SECTION 4:
All resolutions or parts of resolutions in conflict herewith
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:
its passage and adoption.
Temp. Reso. #12383
August 14, 2013
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This Resolution shall become effective immediately upon
PASSED AND ADOPTED BY THE CIT COMMISSION OF THE CITY OF
TAMARAC, FLORIDA THIS DAY OF , 2013.
ATTEST:
PATRICIA TEU
CITY CLERK
L, CIVIC
BETH TALBISCO, MAY
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO &1
DIST 1: COMM. BUSH LL
DIST 2: COMM. ATKINS-GRID aZ��
DIST 3: COMM. GLASSER
DIST 4: V/M DRESSLER�
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
r
SAMUEL S. GOREN
V CITY ATTORNEY