HomeMy WebLinkAboutCity of Tamarac Resolution R-97-2761
Temp. Reso #8046
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97- 27�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA SUPPORTING AN AMENDMENT
TO ARTICLE VIII SECTION 2(a) AND (c) OF THE FLORIDA
CONSTITUTION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2(a) of the Florida Constitution (1968) allows for
the involuntary abolition of any municipality or to modify their Charters by Special Act of
the Legislature with or without a referendum as determined unilaterally by the County
Legislative Delegation; and
WHEREAS, Article VIII, Section 2(c) of the Florida Constitution allows for the
involuntary merger of municipalities by Special Act of the Legislature with or without a
referendum as determined unilaterally by the County Legislative Delegation; and
WHEREAS, the ability of the Florida Legislature to take such action without
regard to the right of the people for self determination is contrary to all of the principles
upon which home rule was established for municipalities by the Constitution; and
WHEREAS, the City Commission and the people of the City of Tamarac, Florida
are greatly concerned about the ability of the legislature to abolish a City without a
referendum vote of its electorate or to force a municipal constituency to vote on an issue
not of their own choosing, thus disregarding the will of the people, the democratic
principles of home rule, self determination, and self governance; and
WHEREAS, the Florida Constitutional Revision Commission was formed to hear
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Temp. Reso #8046
and consider matters of great public importance and to amend our State Constitution in
keeping with contemporary issues for the management of the state, county and local
governments and the protection of the rights, privileges and immunities of its citizens;
and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interests of the citizens and residents of the City of Tamarac to request that
the Florida Constitutional Revision Commission consider and approve amendments to
Article VIII, Section 2(a) and (c) in order to preserve the fundamental concepts of home
rule.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: The following language for Article VIII, Section 2(a) and (c) of the
Florida Constitution is recommended to the Florida Constitutional Revision Committee
as amendments:
Article VIII
Section 2, Municipalities
(a) ESTABLISHMENT. Municipalities may be established by
special law, or abolished only upon an affirmative vote of the
electorate of the munici alit -ARd- +-�,,A-Fte r aMARdAd
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Temp. Reso #8046
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this /-day of 1997.
ATTEST:
CAROL A. EVANS
City Clerk
I HEREBY CERTIFY that I have
,Qvroved this RESOLUTION as to fo
WTCHELL ES
City Attorney
SUPPORTING THE FL CONSITUTION/rkt
E SCHREIBER
Mayor
RECORD OF COMMISSIO,,N VOTE
MAYOR SCHREIBER
DIST 1:
COMM. McKAYE
DIST 2:
V/M MISHKIN
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBERTS