HomeMy WebLinkAboutR-2020-067 Opposing Broward County Charter Amendment RESOLUTION NO. 2020-067
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, OPPOSING A BROWARD COUNTY CHARTER
AMENDMENT TO BE PLACED ON THE NOVEMBER 2020 GENERAL
ELECTION BALLOT THAT WOULD ALLOW THE COUNTY TO SUPERSEDE
CITY ZONING AND OTHER ORDINANCES WHICH WOULD OTHERWISE BE
APPLICABLE TO COUNTY PROJECTS TO BE LOCATED WITHIN
MUNICIPALITIES WHICH PROJECTS ARE, IN WHOLE OR IN PART,TO BE
FUNDED BY TRANSPORTATION SURTAX FUNDING, ON LANDS OWNED
OR LEASED BY THE COUNTY WHICH LANDS ARE LOCATED WITHIN
MUNICIPALITIES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, under the Florida Constitution and Section 166.021, Florida Statutes,
municipalities are given broad home rule powers; and
WHEREAS, Broward County (the "County"), working with the City and other cities in
Broward County and throughout the State of Florida,have repeatedly fought to protect and preserve
local governments' home rule power against intrusions by the State and special interests; and
WHEREAS, currently, Section 11.01 of the County Charter provides that municipal
ordinances prevail within municipal boundaries over conflicting County ordinances, except in the
areas of minimum environmental standards, land use and ethics; and
WHEREAS, a resolution was adopted at the Broward County Commission Meeting on June
18, 2020, which directed the placement on the general election ballot in November 2020 of a �\
proposed County Charter Amendment that would amend Section 11.01 of the County Charter to add
the following category in which County ordinances would prevail over conflicting municipal
ordinances: "The development of public transportation improvements, funded in whole or in part
with transportation surtax proceeds,on County-owned or County-leased property,including through
County regulation of zoning,permitting,construction, operation, or administration. This provision
shall not apply to any County transportation improvement project for which the construction
commenced after June 16,2020,and that is located in an area zoned residential as of June 16,2020,
unless the municipality agrees to modify such zoning or takes such other action that would permit the
intended County use" (the "Proposed Amendment"); and
WHEREAS, the office of the Broward County Attorney has advised the City that the
Proposed Amendment will also contain an additional sentence (language which is still being
drafted)to the effect that prior to exercising the power granted under the Proposed Amendment,the
County would meet with the applicable municipality(ies),consider other potentially available sites,
and seek to obtain the agreement of the affected municipality(ies)regarding the development and use
of the applicable property; and
WHEREAS, municipal local government is the closest, most accessible and provides the
most responsive means to address concerns of residents who live and businesses which operate
within a locality; and
WHEREAS,as part of their home rule powers,municipalities must continue to defend and
retain zoning,permitting and regulatory control over all projects proposed to be located within their
municipalities in order to protect their residents,businesses and visitors; and
WHEREAS, the City Commission believes that the Proposed Amendment would be an
unacceptable intrusion into and of municipal home rule power,and therefore,the City Commission
strongly opposes the placement of the Proposed Amendment on the general election ballot in
November 2020;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing"Whereas"clauses are made a part of and incorporated into
this Resolution by this reference.
Section 2. That the City Commission opposes the Proposed Amendment that was
brought forth on the Broward County Commission agenda at the June 18, 2020, because it would
constitute an unwarranted intrusion into and of the municipal home rule powers of the City of Dania
Beach.
Section 3. That the City Clerk is directed to distribute this Resolution to the Board of
County Commissioners for Broward County,the Broward County League of Cities,and each of the
municipalities in Broward County.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
2 RESOLUTION#2020-067
PASSED AND ADOPTED on June 23, 2020.
ATTEST ��►�� B �
THOMAS SCHNEIDER, CMC 0 LORI LEWELLEN
CITY CLERK t/SHE� MAYOR
APPROVED AS Tp FORM AND CORRECTNESS:
THOMA J. ANSBRO
CITY ATTORNEY
3 RESOLUTION#2020-067