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HomeMy WebLinkAboutR-1974-048 a RESOLUTION NO. 48 A RESOLUTION STRONGLY OBJECTING TO A PLAN EVI- DENTLY PREPARED BY THE PLANNING DEPARTMENT, BROWARD COUNTY, FLORIDA; AND EXPRESSING THE SPECIFIC OBJECTIONS OF THE CITY COMMISSION OF CITY OF DANIA, FLORIDA, TO THE PLAN; AND SUG- GESTING A PLAN WHICH WOULD BE FAVORABLE TO CITY OF DANIA; AND DIRECTING THE CITY MANAGER, CITY OF DANIA, TO APPEAR BEFORE THE BOARD OF COUNTY COtL'-IISSIONERS , BROWARD COUNTY, FLORIDA, TO OBJECT TO THE PLAN; AND DIRECTING THE CITY CLERK-AUDITOR OF CITY OF DANIA, FLORIDA, TO MAIL CERTIFIED COPIES OF THIS RESOLUTION TO EACH MEMBER OF THE BROWARD COUNTY LEGISLATIVE DELEGATION; AND REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; A14D PROVIDING FOR AN EFFEC- TIVE DATE WHEREAS, the Planning Department of Broward County, Florida, consisting of experts whose qualifications are doubtful, has taken it upon itself to prepare and recommend a plan to the Board of County Commissioners, Broward County, Florida, regarding the general subject 4 of annexation and consolidation, all as pertaining to various munici- palities in Broward County, Florida; and i WHEREAS, little advance notice was given to City of Dania re- garding the county plan; and WHEREAS, City of Dania is one of the oldest incorporated munici- palities in Broward County, Florida, and has enjoyed a history of no i general. obligation bonded indebtedness; and I WHEREAS, City of Dania has one of the lowest millage rates in Broward County, Florida; and WHEREAS, through efforts extending over a period of many years and involving extensive negotiations with other agencies and prolonged litigation in order to clear title, City of Dania has one of the finest public beaches in the entire State of Florida, with all of the beach lands actually being owned in fee simple by City of Dania; and WHEREAS, City of Dania understands that the county plan pro- poses simply to appropriate the beach areas actually owned by City of Dania and to give them to a neighboring municipality, all with no apparent mention or study being given to the compensation which might be due City of Dania; and -1- 1 I 3 WHEREAS, City of Dania believes that the county plan is one based on little actual study and with certainly no substantial notice to the public; and WHEREAS, City of Dania strongly objects to the county plan and urges the Broward County legislative delegation to table the county plan until there has been ample publicity and the opportunity to the public to be heard; and WHEREAS, in the event the legislative delegation does wish to proceed with some plan, City of Dania is willing to make certain recom- mendations, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: i Section 1. That City of Dania strongly objects to every 1 phase of the recent plan of the Planning Department of Broward County, Florida, concerning annexation and consolidation, as same pertains to { various municipalities in Broward County, Florida. City of Dania I suggests that the general subject is one not within the jurisdiction i �y of the Board of County Commissioners, Broward County, Florida, and that the general subject is solely within the jurisdiction of the legislature of the State of Florida. Section 2 . That City of Dania believes that the county plan was prepared with little opportunity being given to the various muni- cipalities in the county to express opinions, or give advice, on the plan and that the plan is evidently one being recommended by the Board of County Commmissioners , Broward County, Florida, to the Broward County legislative delegation at the last possible moment and on a basis so that objectors to the plan will have slight opportunity to present their objections to the legislative delegation. Section 3 . That if any part of the county plan suggests that the Dania Beach area be deannexed from City of Dania and donated to some neighboring municipality, City of Dania hereby places the county I J and the legislative delegation on notice that such lands are actually -2- i owned in fee simple b Dania over Y City of Dania and were acquired by City of a period of many years and after extensive negotiations with various agencies o the Stat e of Florida and after prolonged litigation in order to clear the title to such lands . Accordingly, City of Dania takes the position that there is no known law which , would permit the appropriation of lands owned in fee simple by one municipal corporation so that same may be given to some neighboring municipality. As a matter of policy and as a statement of intent, City of Dania shall immediately file a law complaint to test the legality and constitutionality of any act Of the legislature which Purports to take lands of City of Dania for the purpose of giving same to some other governmental agency. i Section q. That, as a general statement, City of Dania has no desire to annex any lands where a majority y of the residents of the area proposed to be annexed object to annexation to City of Dania. Therefore, with respect to any proposed annexation, City of Dania de- sires that the annexation be approved by referendum vote of the resi- dents living within the area to be annexed to City of Dania. How- ever, if the legislative delegation determines to proceed with annexa- tion or boundary changes without referendum, City of Dania recommends that the following additional areas be annexed to the existing pality known as_Cit munici- Y_of Dania; (1) The area bounded generally on the East by the existing Western city limits of City of Dania, on the South by Stirling Road, on the West by the western right Of way line of Highway 441, and on the North by the Dania Cut-off Canal; and (2) The area bounded generally on the West by the existing Eastern city limits of City of Dania, on the South by Sheridan Street, on the East by the Atlantic Ocean and on the North by the area commonly known as Port Everglades (and recogning that certain of said areas may already be within the limits of City of Dania) . i J M1 Section 5 . That the city manager be and he is hereby au- thorized and directed to appear before the Board of County Commissioners, I Broward County, Florida, to present this resolution and to express i the opinions of the city commission of City of Dania, Florida. The city clerk-auditor is directed to send a certified copy of this reso- lution to each member of the Broward County, Florida legislative dele- gation. Further, said officers are directed to attempt to arrange a special meeting at the city hall, Dania, Florida, with whatever members of the legislative delegation who can attend so that the feelings of the residents of City of Dania may be expressed and made known. Section G. All resolutions in conflict herewith are repealed to the extent of such conflict. i Section 7. This resolution shall become effective upon its t final passage and adoption. 1 PASSED and ADOPTED this 4th day of February, 1974 . /( A V � ! Mayor-Commissioner i Attest: City Clerk-Auditor f i -4- � 1 .