76-60
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RESOLUTION
No. 76 se 60
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A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, STATING THE MUNICIPALITY'S
OPPOSITION TO HOUSE BILL 3810 BEING CON-
SIDERED BY THE LEGISLATURE OF THE STATE
OF FLORIDA.
WHEREAS, the City Commission of the City of Clearwater, Florida,
has reviewed House Bill 3810 pending before the Legislature of the State of
Florida; and
WHEREAS, it is believed that the Bill in its present form substantially
curtails the ability of a municipality to engage in the classic functions of
planning and zoning; and
WHEREAS, the Bill in its present form contains provisions such as
will lead to the abrogation of local government's power to plan and zone; and
WHEREAS, provisions contained in the Bill are contrary to the law
and policy expressed by the United States Supreme Court in Village of Euclid
v. Ambler and Village_ of Belle Terre v. Borrass; and
WHEREAS, the Bill in its present form unduly reverses the review
role of Courts and the legislative role played by local governments; and
WHEREAS, H. B. 3810 is contrary to a proper exercise of the power
granted by Article VIII, Section 2 (b) of the Florida Constitution as implemented
by the Home Rule Powers Act found in Chapter 166 of the Florida Statutes; and
WHEREAS, limiting the planning and zoning functions presently being
performed by the various local governmental units in the manner provided
in H. B. 3810 does not accomplish overall community planning;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA,
IN SESSION REGULARLY AND DULY ASSEMBLED, AS
FOLLOWS:
1. That the City Commission of the City of Clearwater hereby
expresses its opposition to H. B. 3810 as a Bill which unnecessarily limits
so. 076.60
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60
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the power of municipal governments to engage in the zoning and planning
function they must perform.
2. That certified copies of this Resolution be forwarded forthwith
to the Governor of Florida, the Attorney General of Florida, the Members of
the;Pinellas County Legislative Delegation and Donald Tucker, Speaker of House
t
of the Florida State Legislature.
PASSED AND ADOPTED this 3rd day of June, A. D. 1976...
Mayor.-Commissio
Attest:
Ci lerk
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