CITY OF NORTH LAUDERDALE

CITY ADMINISTRATION

 

TO:                             Mayor and City Commission

 

FROM:                       Richard D. Sala, City Manager

 

BY:                              Ambreen Bhatty, Assistant City Manager

 

DATE:                        March 13, 2007

 

SUBJECT:                 Resolution - Supporting House Bill 791 & Companion Senate Bill 2080 – Protects Municipal Home Rule Powers in Charter Counties

 

Recently, we received a letter/a legislative bulletin (attached) from Florida League of Cities informing us about two bills (HB791 & SB2080) that are currently pending before the Florida Legislature.  These bills, if passed, will provide protection to Municipal Home Rule Powers in Charter Counties like Broward County.

 

These bills are favorable to the interests of the City of North Lauderdale and other local municipalities in charter counties throughout Florida as they:

 

  • Prohibit effect of certain charter amendments within municipalities unless approved by both municipal and charter county electors.

 

  • Eliminate authority of charter counties over municipalities & districts within the county for comprehensive planning and land development regulations.

 

  • Eliminate authority of charter counties to determine local planning responsibility between counties and municipalities

 

  • Provide exception for certain inter-local agreements

 

  • Clarify that charter counties do not have the authority to provide for methods of voluntary municipal annexations.

 

We strongly believe that citizens vote voluntarily to create municipalities specially to serve the unique needs of the citizens and their communities.  Charter counties, through amendments to their charters, have increasingly sought to deprive municipalities of their home rule powers granted to them by their citizens.  Therefore, we need to support these bills to protect our “Home Rule”.

 

RECOMMENDATION:

 

The City Administration recommends Commissions consideration and approval of the attached Resolution supporting House Bill 791 & companion Senate Bill 2080 that provides protection to Municipal Home Rule Powers in Charter Counties and directing the City Clerk’s office to forward this resolution to Florida Governor Crist, the leadership of House and Senate, the Broward County Legislative Delegation and other elected officials or entities deemed appropriate.

 

RESOLUTION NO. ________

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, REQUESTING THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT HOUSE BILL 791 AND COMPANION SENATE BILL 2080 CURRENTLY PENDING BEFORE THE FLORIDA LEGISLATURE, RELATED TO MUNICIPAL HOME RULE AUTHORITY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

 

            WHEREAS, the City Commission of the City of North Lauderdale ("City") is aware of two bills pending before the Florida Legislature that will provide protection to municipal Home Rule from County Charter Amendments; and

            WHEREAS, the City supports Home Rule, as provided in Article VIII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes; and

            WHEREAS, House Bill 791 and Senate Bill 2080 that are currently pending in the State of Florida Legislature will provide for the necessary protections to insure that a municipality's Home Rule authority is not eroded; and

            WHEREAS, the passage of House Bill 791 and its companion, Senate Bill 2080 is in the best interest of the health, safety, and welfare of the citizens and residents of the City of North Lauderdale.

            NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, THAT:

            Section 1.        The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof.

 

            Section 2.        The City of North Lauderdale urges Governor Charlie Crist and members of the Florida Legislature to support House Bill 791 and Senate Bill 2080, and protect a municipality's Home Rule authority from County Charter amendments.

Section 3.        The City Clerk is hereby directed to forward a copy of this resolution to Governor Charlie Crist, Senate President Ken Pruitt, House Speaker Marco Rubio, members of the Broward County Legislative Delegation, the Executive Director of the Broward County Legislative Delegation, the Florida League of Cities, and any and all other individuals or entities that City Clerk or City Manager deem appropriate.

            Section 4.        All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.

            Section 5.        If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution.

            Section 6.        This Resolution shall take effect immediately upon its adoption. 

PASSED AND ADOPTED this _________ day of ________________, 2007.

                                                                       

                                                                        CITY OF NORTH LAUDERDALE, FLORIDA

 

                                                                        ____________________________

                                                                        MAYOR JACK BRADY

ATTEST:

 

______________________________

C. MILLI DYER, CITY CLERK

 

APPROVED AS TO LEGAL FORM:

 

___________________________________

SAMUEL S. GOREN, CITY ATTORNEY

 

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