HomeMy WebLinkAboutR-2010-030 Opposing Amendment 4 to Florida Constitution RESOLUTION NO. 2010-030
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, OPPOSING AMENDMENT 4 TO THE FLORIDA
CONSTITUTION WHICH WOULD REQUIRE THAT EVERY AMENDMENT
TO A CITY OR COUNTY COMPREHENSIVE PLAN WOULD BE SUBJECT
TO A VOTE OF THE RESPECTIVE CITY'S OR COUNTY'S ELECTORATE;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Amendment 4, a proposed amendment to the Florida Constitution, will be
on the statewide ballot of November 2, 2010; and
WHEREAS, Amendment 4 would subject every amendment to a local government
comprehensive plan to a vote of the local government's electors; and
WHEREAS, planning and growth management decisions in Florida's municipalities are
presently made through a representative form of democracy in which elected governing bodies
are entrusted to make policy decisions on behalf of their constituents; and
WHEREAS, in 1985 the Florida Legislature enacted Chapter 163, Part II, Florida
Statutes, the "Local Government Comprehensive Planning and Land Development Regulation
Act" (the "Act"), mandating that each municipality adopt a comprehensive plan to manage and
guide the use and development of property within the municipality; and
WHEREAS, the intent of the Act is to empower local governments, to preserve,
promote, protect and improve the public health, safety, comfort, good order, appearance,
convenience, law enforcement, fire prevention and general welfare; to prevent the overcrowding
of land and avoid undue concentration of population; to facilitate the adequate and efficient
provision of transportation, water supply, sewer treatment, schools, parks, recreational facilities,
housing and other services; and to conserve, develop and protect natural resources within their
jurisdictions; and
WHEREAS,the Act requires extraordinary public notice, review, comment and hearings
before a comprehensive plan may be adopted or amended by a municipality; and
WHEREAS, municipal comprehensive plans are adopted and amended by a municipal
governmental body only after significant review and input from the public, professional planners
and municipal staff; and
WHEREAS, the elected body's decision to amend, or the manner in which to amend, a
comprehensive plan is based upon legal requirements as well as policy issues that require a
balancing of the needs and desires of the overall community; and
WHEREAS, the City Commission of the City of Dania Beach believes that Amendment
4 may trample minority interests and ignore the community's long-tern planning needs and
goals, including affordable housing measures, urban infill measures, redevelopment initiatives,
and the development of essential infrastructure; and
WHEREAS, the City Commission believes that Amendment 4 may subject complex
planning and policy decisions to potentially misleading and inflammatory media campaigns; and
WHEREAS, the City Commission finds that Amendment 4 will require the unnecessary
expenditure of additional municipal revenues to fund numerous elections on comprehensive plan
referenda; and
WHEREAS, the City Commission finds that Amendment 4 will require the unnecessary
expenditure of additional municipal revenues to fund the defense of takings claims by citizens
aggrieved by the outcome of comprehensive plan amendment elections; and
WHEREAS, these unnecessary costs will be borne by the citizens of Florida's
municipalities either through increased taxes or decreased municipal services;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. The City Commission of the City of Dania Beach, Florida, urges citizens
to vote "NO"on proposed Amendment 4 on the general election ballot of November 2010.
Section 2. The City Commission of the City of Dania Beach, Florida, urges citizens
to exercise their existing rights to influence the quality of life in their city by participating in the
development and amendment of their city's comprehensive plan.
Section 3. The City Commission of the City of Dania Beach, Florida, further urges
citizens to regularly attend public hearings, workshops and meetings and otherwise take an active
role in shaping local policies that affect growth within their community.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
2 RESOLUTION 92010-030
Section 5. This Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on February 23, 2010.
O.,ak.
ANNE CASTRO
MAYOR-COMMISSIONER
ATTEST: __ \\ aRo,s Fi�?c`r<
LOUISE STILSON, CMC ry
CITY CLERK
A
APPROVED AS TO F AD L
i
THOMA& NSB O
CITY ATTORNEY
3 RESOLUTION#2010-030