HomeMy WebLinkAboutCity of Tamarac Resolution R-1976-070Proposed by: 3IrYt LA_d
Introduced by: �A)�e�
Temp. #`.°"-�
CITY OF TAMARAC, FLORIDA
RJSOLUTION NO. -�Q
A RESOLUTION AUTHORIZING THE CITY
ATTORNEY OF TILE CITY OF TAMARAC TO
FILE A MOTION IN THE CIRCUIT COURT
OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA,
IN CAST: NO. 72-11731 SEEKING CLARI-
FICATION BY THE COURT OF ITS PRIOR
ORDERS ENTERED IN SAID CAUSE
WHEREAS, the Supreme Court of Florida has
denied the Petition for Writ of Certiorari filed by the
City of Tamarac, wherein the City sought review of the
Decision of the District Court of Appeal which affirmed the
Order entered on November 4, 1.974, in Case No. 72-11731 in
the Circuit Court of the Seventeenth Judicial Circuit of
Florida, -in and for Broward County; and
WHEREAS, the City of Tamarac and its duly
elected. and appointed officers and agents desire to comply
with the provisions of said Order of November 4, 1974, but
are uncertain as to whether said Order permits the City to
require the Plaintiffs in said cause to comply with various
Ordinances of the City, and further, whether the provisions
of the Charter of the City of Tamarac as amended on the 9th
day of March, 1976, effective March .IS, 1976, which require
a referendum for the rezoning of lands presently zoned S-1,
are applicable to the lands involved in said litigation.
NOW, THEREFORE,
BE TT RESOLVED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: The City Attorney of the City
of Tamarac is hereby instructed:
A. File a Motion for Clarification in the Circuit
Court of the Seventeenth Judicial Circuit, in and for Broward
County, Florida, in Case No. 72-11731, advising the Court
that the City is concerned whether under the Order of this Court,
dated November 4, 1974, it may enforce against the Plaintiffs in
said cause, their successors or assigns, with respect to the
lands forming the subject of said cause the following Ordinances:
1. The Ordinances of the City of Tamarac
establishing densities for residential dwelling units.
2. Ordinances No. 71-22
71-23
71-37
72- 6
72-28
72-40
73-45
73-46
73-60
73-62
73-63
74- 3
74-10
74-11
74-12
74-13
74-14
74-16
74-24
74-25
74-31
74-65
76- 2
76-10
76-13
76-25
Temporary Ordinance No. 368,
but requesting clarification by the Court of the prior Orders
entered in said cause, and the Court's ruling as to whether
the City is entitled to enforce said Ordinances, or any of
them against the Plaintiffs, their successors or assigns,
with respect to the lands forming the subject matter of
said action.
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B. File a Motion for Determination is said cause
1
I
1
advising the Court that because the lands which are the subject
matter of said suit were zoned under the zoning classifications
of Broward County, Florida, as they existed under the Ordinances
of Broward County, Florida,in effect on December 31, 1972, and
not zoned under the zoning classifications established by the
Ordinances of the City of Tamarac, the City Attorney has issued
his opinion that the provisions of the Charter of the City
requiring a referendum in order to rezone lands presently zoned
S-1 are inapplicable to the lands forming the subject of said
action, but seeking a determination by the Court as to
whether or not such a referendum would be required should the
owner of such lands seek to have the same rezoned from S-1
to some other zoning classification.
C. Request such other relief as is fitting and proper
with respect to a proposed order of clarification inclusive
of proposed exhibits attached thereto.
PASSED, ADOPTED, AND APPROVED this c;4 �)A day of
llnrLS�� 1976.
i
Cit Clerk
I HEREBY CERTIFY that I
have approved the form and
correctness of this Resolution.
City Attorney
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RECORD OF CO NCIL VOTE
MAYOR W. PALCK
V/M H. MASSARO
C/W M. KELCH
G/M 0. TUCKER
G/M M! WEINBERGE