74-41
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RESOLUTION
No. 74 - 41
WHEREAS, the Pinellas County Comprehensive Land Use Plan was
submitted to the City of Clearwater for its acceptance; and
WHEREAS, the City of Clearwater by Resolution No. 73-84, passed
and adopted on the 5th day of July, A. D. 1973, gave its qualified approval to
the said Comprehensive Land Use Plan as a guide in planning; and
WHEREAS, it has become increasingly clear that the Pinellas County
Planning Council did not intend the Comprehensive Land Use Plan to be a
guide but intends that it have the force and effect of law and any comparable
plan, code or regulation effective in any unit of local government shall
stand repealed; and
WHEREAS, the City of Clearwater is willing to use the Plan as a guide
in its planning, it is not willing to accept plans, codes, maps and regulations
promulgated by the Pinellas County Planning Council as law and thereby
repealing all of the plans, codes, maps and regulations of the City of Clearwater;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSIOIQ OF THE CITY OF CLEARWATER, FLORIDA,
IN SESSION DULY AND REGULARLY ASSEMBLED, AS
FOLLOWS:
1. That the City of Clearwater hereby rescinds Resolution No,
73-84, passed on the 5th day of July, A. D. 1973, in its entirety.
2. That the City of Clearwater strongly feels that Chapter 73-594,
to wit: the Pinellas County Planning Council Act, is unconstitutional and the
proposed amendments to the same currently pending in the 1974 Legislature
are likewise unconstitutional because they are violative of Section 2b of Article
VIII of the Constitution of the State of Florida and are likewise violative of
Chapter. 166, 411, Florida Statutes, to wit: the Municipal Home Rule Powers
Act, and urges the Legislature to repeal said Pinellas County Planning Council
Act.
Reso,. #74-41
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3, Further the said Chapter 73-594 and its proposed amendments
assumes the powers of charter government as contemplated in Section lg
of Article VIII of the Constitution of the State of Florida without the benefit
of an electorate vote on the subject.
4. Said Chapter likewise violates Section 4 of Article VIII in that it
provides for a transfer of powers without approval by -vote of the electors
of the transferor and approval by vote of the electors of the transferee.
5. That the City of Clearwater also recommends to all neighboring
communities that they review this law and its effect upon them from a
constitutional and general law standpoint and reconsider their adoption of the
Plan in light of the foregoing and rescind any approval that they may have
previously given to the said Plan.
b. That in order to promote unified planning and zoning in Pinellas
County, the City of Clearwater also recommends to the neighboring communities
that they urge the Legislature to repeal Chapter 73-594, the Pinellas County
Planning Council Act, and to pass legislation setting up model codes and
plan coordination procedures which may be adopted by the municipalities giving
the desired effect of standardization of planning, zoning, development control
and other administrative procedures, which would not violate the Constitution
of the State of Florida.
7. That copies of this Resolution be forwarded forthwith to each
member of the Pinellas County Legislative Delegation, to each municipality
within Pinellas County, Florida, to the Pinellas County Board of County
Commissioners and to the Pinellas County Planning Council.
PASSED AND ADOPTED this t
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Reso 174-41
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