Resolution 11339 RESOLUTION NO. 11339
WHEREAS, the County Commission of Metropolitan Dade County
did heretofore expressly solicit and invite the views of the
various municipalities as to the necessity or desirability of
the adoption by Dade County of a uniform county-wide Penal Code,
and
WHEREAS, pursuant to such invitation, the City Council
of the City of Miami Beach did express its views by its
Resolution No. 11136, adopted on January 2, 1964, which recites
as follows:
"WHEREAS, the City Council of the City of
Miami Beach, Florida has been duly informed that
the Metropolitan Dade County Commission has re-
quested that the various municipalities in Dade
County advise said Commission whether the said
municipalities favor the adoption of a county-wide
Penal Code, and
WHEREAS, the City Council of the City of Miami
Beach has determined that the adoption of such pro-
posed Penal Code would be gravely injurious and
inimical to the best interests and general welfare
of the people of the City of Miami Beach,
NOW, THEREFORE, IT IS HEREBY UNANIMOUSLY
RESOLVED that the City Council of Miami Beach is
vigorously opposed to any such proposed action by
the Metropolitan Dade County Commission and that
the City Manager communicate the fact of such
opposition to the said Commission forthwith. "
and
WHEREAS, the City Council of the City of Miami Beach was
informed and believed that a large majority of the municipalities
in Dade County also opposed the adoption of such proposed Penal
Code, and
WHEREAS, the City Council is further informed and believes
that notwithstanding and heedless of the foregoing the County
Commission is still considering the adoption of such Penal Code,
and
WHEREAS, the City Council is still of the considered
opinion that such action by the County Commission is ill-advised
and contrary to the best interests of the citizens of Dade
County and Miami Beach,
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF MIAMI BEACH, FLORIDA that it re-iterates its
objections previously expressed in its said Resolution No. 11136,
and does hereby voice its conviction that such proposed ordinance
is an unwarranted intrusion into the purely internal and local
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
governmental affairs of the City of Miami Beach and is wholly
alien and contrary to the theory and concept of Metropolitan
Government as the same was represented to the people of Dade
County when the Home Rule Charter was submitted for their
approval, particularly in view of the express covenant set
forth in the Preamble thereto, wherein it was solemnly pledged:
"We, the people of this County, in order
to secure for ourselves the benefits and
responsibilities of home rule, to create
a metropolitan government to serve our
present and future needs, and to endow
our municipalities with the rights of self
determination in their local affairs, do
under God adopt this home rule Charter. "
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI BEACH, FLORIDA that each member of the Metro
Commission be advised of the objections of the City of Miami
Beach to the adoption of such proposed Penal Code by the
delivery of a copy of this Resolution to each member of said
County Commission.
PASSED and ADOPTED this 2no day of December , 1964.
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ATTEST:
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City Cleft
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
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