HomeMy WebLinkAboutCity of Tamarac Resolution R-1976-052Proposed by:
Introduced by:
C/M Tucker
C/W Kelch
Temp. #519
Revised
4/22/76
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 76-52
A RESOLUTION ENDORSING THE ADOPTION
OF HOUSE BILLS NUMBERED 3116 AND
3117 BY THE MEMBERS OF THE. 1976
FLORIDA LEGISLATURE
WHEREAS, the City of Tamarac is in receipt
of two proposed bills presently before the 1976 Florida
Legislature, and
WHEREAS, House Bill #3116 is entitled:
"An act relating to conveyances of land;
creating s. 689.23, Florida Statutes,
authorizing a majority of the owners of
lots in any 'residential subdivision,' as
defined in the act, to abrogate, rescind
or modify any covenants or restrictions
with respect to such lots; providing a.
30-day notice period; providing that any
such recision or modification must be
recorded; providing an effective date."
and
WHEREAS, House Bill #3117 is entitled:
"An act relating to conveyances of land;
creating s. 689.22, Florida Statutes,
declaring escalation clauses in recrea-
tional leases with respect to residential
homes or property as void for being against
public policy; providing a definition of
'escalation clause'; providing an effec-
tive date." and
WHEREAS, the developers of the City of Tamarac
imposed upon almost all purchasers of homes in the City of
Tamarac, recreational leases, deed restrictions and coven-
ants, which require the citizens of Tamarac, for Long
term periods of about 50 years, to pay to the developer,
or his assigns, unconscionable fees for the use of
said recreational facilities, and
WHEREAS, the investment of the developer for
each recreational facility at the time of construction
was a relatively small amount in comparison to the return
on the developer's original investment, and
WHEREAS, the Council of the City of Tamarac
feels the recreational leases, and certain deed restric-
tions, imposed upon the citizens and residents of the
City of "Tamarac are unconscionable, abhorrent, and. effect
the health, safety and welfare of the citizens of Tamarac,
and.
WHEREAS, the City Council of the City of
Tamarac, for and on behalf of its citizens, would recom-
mend to the Florida Legislature that in order to give
the citizens of Tamarac relief from the burden of the
unconscionable recreational leases, and certain deed
restrictions, they urge that House Bills numbered 311.6
and 311.7 be enacted.
NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the members of the 1976
Florida Legislature are hereby urged to support unanimously
the proposed House Bills numbered 3116 and 3117 for the
protection and welfare of the citizens of the State of
Florida.
SECTION 2: That copies of this Resolution
shall be transmitted to all members of the Florida. Legislature
and to such other persons as Council may direct.
SECTION 3: This Resolution shall become
effective immediately upon its passage.
PASSED, ADOPTED AND APPROVED th
ATTEST.
CC/iC.G_�
4IY CLERK
I IIEREBY CERTIFY that I
have approved the form
and correctness of this
RESOLUTION
CITY ATTORN U Y
RECORD OF COUNCIL VOTE
Mayor Falck
V/M Massaro
C/M Tucker !b&
C/M WeinbergerQbSe�
C/W Kelch
1
976.