HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-144Temp. Reso. 11492
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September 26, 2008
RESOLUTION NO. 2008- /q4f
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, OPPOSING AN AMENDMENT TO THE
FLORIDA CONSTITUTION REQUIRING THAT EVERY
AMENDMENT TO A CITY'S OR COUNTY'S COMPREHENSIVE
PLAN BE SUBJECT TO A VOTE OF THE RESPECTIVE CITY'S
OR COUNTY'S ELECTORATE; ENCOURAGING PUBLIC
PARTICIPATION IN THE LOCAL GOVERNMENT DECISION -
MAKING PROCESS; DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE
BROWARD LEAGUE OF CITIES, THE BROWARD COUNTY
BOARD OF COUNTY COMMISSIONERS, AND ALL
MUNICIPALITIES LOCATED WITHIN BROWARD COUNTY;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, interest groups are gathering signatures from Florida voters
to place the proposed "Florida Hometown Democracy" constitutional
amendment on either the 2008 or 2010 general election ballot; and
WHEREAS, the voters of Florida are being urged by interest groups to
support the proposed Florida Hometown Democracy constitutional amendment
should it gain ballot status; and
WHEREAS, the proposed Florida Hometown Democracy constitutional
amendment would subject every amendment to a local government
comprehensive plan to a vote of the local government's electors; and
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Temp. Reso. 11492
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September 26, 2008
WHEREAS, planning and growth management decisions in Florida's
municipalities are presently made through a representative form of democracy
in which elected governing bodies are entrusted to make policy decisions on
behalf of their constituents; and
WHEREAS, in 1985 the Florida Legislative enacted Chapter 163, Part II,
Florida Statutes, the "Local Government Comprehensive Planning and Land
Development Regulation Act," mandating that each municipality adopt a
comprehensive plan to manage and guide the use and development of
property within the municipality; and
WHEREAS, the intent of the act is to empower local government,
including municipalities, to preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience, law
enforcement, fire prevention and general welfare; to prevent the overcrowding
of land and avoid undue concentration of population; to facilitate the adequate
and efficient provision of transportation, water supply, sewer treatment,
schools, parks, recreational facilities, housing and other services; and to
conserve, develop and protect natural resources within their jurisdictions; and
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September 26, 2008
WHEREAS, the act requires extraordinary public notice, review,
comment and hearings before a comprehensive plan may be adopted or
amended by a municipality; and
WHEREAS, municipal comprehensive plans are adopted and
amended by a municipal governing body only after significant review and input
from the public, professional planners and municipal staff; and
WHEREAS, the elected body's decision to amend, or the manner in
which to amend, a comprehensive plan is based upon legal requirements as
well as policy issues that require a balancing of the needs and desires of the
overall community; and
WHEREAS, the City Commission of the City of Tamarac, Florida finds
that the Florida Hometown Democracy amendment will trample minority
interests and ignore the community's long-term planning needs and goals,
including affordable housing measures, urban infill measures, redevelopment
initiatives, and the development of essential infrastructure; and
WHEREAS, the City Commission finds that the Florida Hometown
Democracy amendment will subject important planning and policy decisions to
potentially misleading and inflammatory media campaigns, and
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Temp. Reso. 11492
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September 26, 2008
WHEREAS, the City Commission further finds that the Florida
Hometown Democracy amendment will require the unnecessary expenditure of
additional municipal revenues to fund numerous elections on comprehensive
plan referenda; and
WHEREAS, the City Commission finds that the Florida Hometown
Democracy amendment will require the unnecessary expenditure of additional
municipal revenues to fund the defense of takings claims by citizens aggrieved
by the outcome of comprehensive plan amendment elections; and
WHEREAS, these unnecessary costs will be borne by the citizens of
Florida's municipalities either through increased taxes or decreased municipal
services; and
WHEREAS, the City Commission finds the opposition to the Florida
Hometown Democracy amendment to be in the best interests of the citizens
and residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF TAMARAC AS FOLLOWS:
Section 1. The foregoing "WHEREAS" clauses are confirmed and
ratified as being true and correct and are hereby incorporated herein.
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September 26, 2008
Section 2. The City Commission of the City of Tamarac, Florida urges
citizens to consider potential adverse consequences of such proposed
amendment before signing any petitions on the proposed Florida Hometown
Democracy constitutional amendment.
Section I The City Commission further urges citizens to carefully
consider the potential adverse consequences of such proposed amendment
before voting on the proposed Florida Hometown Democracy constitutional
amendment if it appears on the general election ballot in 2008 or 2010.
Section 4.
The City Commission
urges citizens to exercise
their
existing rights to
influence the quality of life
in their city by participating
in the
development and amendment of their city's comprehensive plan.
Section 5. The City Commission urges citizens to regularly attend
public hearings, workshops and meetings and otherwise take an active role in
shaping local policies that affect growth within their communities.
Section 6. The City Commission hereby directs the City Clerk to
transmit a copy of this resolution to the Broward League of Cities, the Broward
County Board of County Commissioners, and all municipalities located within
Broward County.
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September 26, 2008
Section 7. All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Section 8. 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 9. This Resolution shall become effective immediately upon its
passage and adoption.
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Temp. Reso. 11492
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PASSED AND ADOPTED BY TH� CITY COM ISSIO OF THE CITY OF
TAMARAC, FLORIDA THIS M? DAY OF h , 2008.
ATTEST:
MARION SWENSON, CIVIC
CITY CLERK
I HEREBY CERTIFY that I
Have approved this
RE LUTION as to form.
ALL
A
CIT ATTORNEY
B. TALABISCO
E. PORTNER—
�>
M. SULTANOF
P. ATKINS-GRAD
-
H. DRESSLER
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