HomeMy Public PortalAbout09-7914 General Election Ballot Sponsored by: Mayor J. Kelley
RESOLUTION NO. 0 9-7 914
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, OPPOSING
AMENDMENT 4 ON THE 2010 GENERAL ELECTION
BALLOT, WHICH PROPOSES AN AMENDMENT TO THE
FLORIDA CONSTITUTION REQUIRING THAT EVERY
AMENDMENT TO A CITY OR COUNTY
COMPREHENSIVE PLAN BE SUBJECT TO A VOTE OF
THE RESPECTIVE CITY OR COUNTY ELECTORATE
WHEREAS, a proposed constitutional amendment sponsored by Florida Hometown
Democracy, Inc. will be placed on the 2010 general election ballot as "Amendment 4"; and
WHEREAS, this proposed constitutional change 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," 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 said Act is to empower local governments, including
municipalities, 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,
Resolution No. 0 9-7 91 4
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
governing 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 the 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 Opa-locka ("City Commission") finds
that the Hometown Democracy amendment will trample minority interests and ignore the
community's long-term planning needs and goals, including affordable housing measures, urban
infill measures, redevelopment initiatives and the development of essential infrastructure; and
WHEREAS,the City Commission finds that the Hometown Democracy amendment will
subject important planning and policy decisions to potentially misleading and inflammatory
media campaigns; and
WHEREAS,the City Commission finds that the Hometown Democracy amendment will
require the unnecessary expenditure of additional municipal revenues to fund numerous elections
on comprehensive plan referenda; and
WHEREAS, the City Commission finds that the Hometown Democracy amendment will
require the unnecessary expenditure of additional municipal revenue to fund the defense of
Resolution No. 0 9-7 91 4
lawsuits filed by persons aggrieved by the outcome of the comprehensive plan amendment
elections; and
WHEREAS, these unnecessary costs will be borne by the citizens of Florida's cities and
counties either through increased taxes or decreased municipal services.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble are hereby incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby urges residents of
the City to carefully consider the potential adverse consequences of Amendment 4 before voting
in the 2010 general election.
Section 3. The City Commission of the City of Opa-locka hereby urges the City's
residents to exercise their existing rights to influence the quality of life in the City by
participating in the development and amendment of its comprehensive plan.
Section 4. The City Commission of the City of Opa-locka hereby urges the City's
residents to regularly attend public hearings, workshops and meetings and otherwise take an
active role in shaping local policies that affect growth within their communities.
Section 5. The City Clerk is hereby directed to transmit copies of this Resolution to
members of the Florida League of Cities and other interested parties.
Section 6. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 9 day of SEPTEMBER , 2009.
OSEPH L. LEY
MAYOR
Resolution No. 09-7914
Attest: Approved as to form and legal sufficiency:
:am,' it
be sorah S. by ,I ette No : -Weeks
City Clerk City Attorney
Moved by: JOHNSON
Seconded by: TAYLOR
Commission Vote: 4-0
Commissioner Holmes: OUT OF ROOM
Commissioner Johnson: YES
Commissioner Tydus: YES
Vice-Mayor Taylor: YEs
Mayor Kelley: YES