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HomeMy WebLinkAboutR-1981-384 RESOLUTION NO. 384 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, URGING THE REPEAL OF FLORIDA LAWS EXEMPTING PARI-MUTUEL ESTABLISHMENTS FROM MUNICIPAL REGULATION OF CAPITAL IMPROVEMENTS . WHEREAS , Chapter 553 of the Florida Statutes enacts minimum standards for building., codes in the State of Florida and mandates local governments to enact and enforce minimum standard building codes ; and WHEREAS , Chapter 163 , Florida Statutes requires municipalities to adopt a comprehensive plan regulating land development and zoning regulations ; and WHEREAS , The City of Dania has adopted modern building codes and zoning regulations to protect the public interest and to comply with the mandates of the Florida Legislature and such regulations have been and will be applied uniformly to all land uses and con- struction improvements throughout the City of Dania and other municipalities throughout the State have likewise adopted such regulations in the interest of health , public safety and welfare ; and ' •d� WHEREAS , The 1980 Session of the Florida Legislature adopted Chapter 80-57 and Chapter 80-88 which exempt pari-mutuel permit- holders from the provisions of municipal regulation in connection with capital improvements thereby creating a unique and special class of property owners ; and WHEREAS , the City Commission of the City of Dania strongly believes that local municipal regulations and inspections of all building construction and land improvements are necessary for the protection of public health, safety and welfare and are nec- essary to insure the orderly and proper growth of this community and all other communities throughout the State of Florida ; and WHEREAS , the aforesaid exemption for pari-mutuel establishments constitutes a blatent special interest provision in the Florida Laws which is inconsistent with and offensive to the existing statutory pattern of local regulations applicable to all uses of land and all classes of persons; and WHEREAS , the City of Dania has always enjoyed a good rela- tionship with the pari-mutuel establishment located within the City and there has existed a spirit of cooperation between the City and the pari-mutuel establishment but the recent legislation threatens the traditional harmony and cooperation previously enjoyed because of the serious concern by the City of this infringement upon its traditional duty to safeguard its citizens and visitors who patronize public facilities within the City and its duty and responsibility to insure orderly growth and zoning regulations in the public interest. NOW, THEREFORE , BE IT RESOLVED BY THE CITY CONLMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That the Honorable Bob Graham, Governor of the State of Florida , the Florida Legislature and, especially the Broward County Legislative Delegation, and the pari-mutuel estab- lishment located within the City of Dania are urged to take im- mediate steps to effect the repeal of those portions of Chapter 80-57 and Chapter 80-88, Laws of Florida , 1980 , which exempt capital improvements made by pari-mutuel establishments from munic- ipal regulation and specifically insure the repeal of Florida Statute 550. 16 (2) (h) which reads as follows : (h) Capital improvements by a permitholder licensed under Chapter 550 Florida Statutes shall be. exempt from the provisions of an munici al ordinances , resolutions or re u a- _ lions whic re uire the qualification or a - roval of suc ca ital im rovement project b the municipa ity tv erein t e permitho der con- ducts its business operations Section 2. That a copy of this resolution shall be mailed by the City Clerk to all municipalities within Broward County to make them aware of the eminent danger created by the above Florida Statute and that a copy of this resolution be furnished to the Governor of the State of Florida and the Broward Legislative Delegation. PASSED and ADOPTED on this Lday of 1981 . r i ATTEST: i / MAY6R CON?MI S`f0 R CITY CLERK - AUDITOR