LTC 134-2008 City of North Lauderdale Resolution 08-04-5326m MIAMIBEACH
OFFICE OF THE CITY MANAGER
No. X34-zoos LETTER TO COMMISSION
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Managerl~(,;W`'~t~_
DATE: May 8, 2008 1
SUBJECT: CITY OF NORTH LAUDERDALE RESOLUTION 08-04-5326
This LTC is to inform you of receipt of attached Resolution 08-04-5326, adopted by the City
of North Lauderdale on April 29, 2008, urging to consider dividing the State of Florida into
two separate and distinct states.
JMG:REP/Ih
Attachment
c: Hilda Fernandez, Assistant City Manager
Tim Hemstreet, Assistant City Manager
Robert Middaugh, Assistant City Manager
Robert Parcher, City Clerk
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`. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
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` NORTH LAUDERDALE, FLORIDA, URGING THE UNITED
.;~~` STATES CONGRESS AND THE LEGISLATURE OF THE STATE
`' OF FLORIDA TO CONSIDER DIVIDING THE STATE OF FLORIDA
INTO TWO SEPARATE AND DISTINCT STATES PURSUANT TO
THE AUTHORITY AS SET FORTH IN ARTICLE IV, SECTION 3 OF
THE UNITED STATES CONSTITUTION; DIRECT{NG THE CITY
CLERK TO TRANSMIT A COPY OF THlS RESOLUTION TO THE
PRESIDENT OF THE UNITED STATES, ALL MEMBERS OF THE
UNITED STATES CONGRESS, THE GOVERNOR OF THE STATE
OF FLORIDA, AND ALL MEMBERS OF THE FLORIDA
LEGISLATURE, AS WELL AS ALL MUNICIPALITIES LOCATED
WITHIN BROWARD COUNTY AND THE BOARD OF COUNTY
COMMISSIONERS FOR BROWARD COUNTY, ALL
MUNICIPALITIES LOCATED WITHIN MIAMI-DARE COUNTY, ALL
MUNICIPALITIES LOCATED WITHIN PALM BEACH COUNTY
AND ANY OTHER INTERESTED MUNICIPALITIES; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, tar. Benjamin Franklin said that "without continual growth and
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a~ t?.., ement, ~mpro rem r'. ~.nu s..~.,..~~ f 1U v ~. I ~v
meaning"; and
WHEREAS, in recent years the Legislature of the State of Florida (the
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.,,u,., , ,.~,.. :,.,, ...,...,. ~,. „ ,";~" ~~~~ ~f ~r~t3~~a~~ that have had a significant
adverse impact an local governments' ability to generate revenue and effectively
perform their essential municipal functions; and
WHEREAS, many of these initiatives have resulted in a local government
regression whereby as a direct result of legislative action certain counties and
Page 1 of 7
municipalities are becoming increasingly unable to perform essential public
services; and
WHEREAS, on January 29, 2008, the electors of the State adopted
Amendment 1 to the Florida Constitution, a legislative proposal that, while
providing some minimal tax relief to citizens and residents of the State, also
required municipalities to roll back their tax rates and imposed certain limitations
on municipal revenue generating options; and
WHEREAS, in its current session, the Florida Legislature is considering a
number of proposals which will further limit or recommend limitations on the
amount of ad valorem taxes that may be collected by counties, municipalities,
school districts and special districts; and
WHEREAS, House Joint Resolution 949 and Senate Joint Resolution
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would limit the amount of ad valorem taxes collected by counties, municipalities,
school districts and special districts to an amount not to exceed 1.35% of the
parcel's highest taxable ~'8iiic; ~~ ~c; __.~___
WHEREAS, House Bill 715, House Joint Resolution 7125 and other
proposals provide further requirements for and restrictions on local governments'
ability levy crucial taxes and impose necessary assessments in order for such
governments to successfully operate and perform the duties expected and
required by their citizens and residents; and
Page 2 of 7
WHEREAS, included among the recently adopted and considered action
by the State Legislature were proposals which may reallocate funds raised by
more populous parts of the State to those areas which are less populated and
less able to generate comparable revenue; and
WHEREAS, this reallocation will have a particularly negative impact on
South Florida; and
WHEREAS, during the recent Broward Days lobbying session, at which
time many elected officials from Broward County appeared in Tallahassee to
conduct a meaningful dialogue with the State Legislature in favor of and in
opposition to certain proposals, a number of State Legislators either refused or
failed to meet with Broward's elected officials to discuss their concerns regarding
some of the action recently taken by the Legislature; and
WHFREA$, 2 number Of these r°j°CtiC^S ~ ^u ~iSCCUrt^cSl@S ^v~.C.U; rEu
despite previously scheduled meetings between certain State Legislators and
certain elected officials from Broward County; and
....~.._.~.., u~ u , v~..~. ui u ~ t~;&t3t ~ctstt~-~ !aken and considered by the
State Legislature, the City Commission of the City of North Lauderdale (the "City")
has concluded that overall the State Legislature has no appreciation for the actual
impact of its decisions and no true understanding for how its decisions adversely
impact the ability of municipalities to function and perform essential municipal and
public services; and
Page3of7
WHEREAS, the City Commission further has na confidence in the State
Legislature's ability to recognize the practical impact of its decisions or how its
decisions demonstrably affect municipalities that directly provide essential public
services to the citizens and residents of the State; and
WHEREAS, the action recently taken and considered by the State
Legislature has had an adverse and arguably destructive impact on certain
municipalities in the State, particularly in South Florida; and
WHEREAS, the Declaration of Independence of the United States
provides that when any farm of government becomes destructive to the extent
that it no longer has the consent of the people governed, it is the right of the
people to alter or abolish said government and institute a new government based
on the foundation in which the people seem most likely to effect their safety and
honr~inosc~ and
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WHEREAS, given the size of the State and the great differences in needs
and priorities between the southern portion of the State and the northern portion
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o the State, the City ~.rfln"ir'NsSiv~ t ~`~a~ +tt'I n to rc;u a ~a~ u w ii i u ~c vcai ~i i~ci wia vi
the citizens and residents of the State to divide the State into two separate and
distinct governing entities; and
WHEREAS, Article IV, Section 3 of the United States Constitution
expressly provides that "new states may be admitted by the Congress into this
union; but no new states shall be formed or erected within the jurisdiction of
Page4of7
any other state ... without the consent of the legislatures of the states
concerned as well as of the Congress"; and
WHEREAS, pursuant to this Section, Congress, subject to the consent
of the State Legislature, has the Constitutional authority to divide the State into
two separate entities; and
WHEREAS, Dr. Franklin further stated that "the best public measures
~: ate ... seldom adopted from previous wisdom, but forced by the occasion"; and
WHEREAS, recent action taken and considered by the State t_egislature
has forced certain municipalities to consider alternate ways to control the
manner in which they are able to generate the revenue needed to continue to
provide essential municipal services; and
WHEREAS, the City Commission deems a division of the State to be in
the !.lest }riterests ~1f tF,[~ ~}4}Z°1''S 'aria ~v~7iuGi ~i.~ V~ iilC JtatG, al ll~ liryCs
Congress and the State Legislature to seriously consider all action legally
necessary to effectuate such a result.
.. _ : ~`' ............... ate,` ~..~ - i RF.'~i i~.Uty 6Y 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.
Page5of7
Section 2. The City Commission of the City of North Lauderdale hereby
urges the United States Congress and the Legislature of the State of Florida to
consider dividing the State of Florida into two separate and distinct states
pursuant to the authority as set forth in Article IV, Section 3 of the U.S.
Constitution.
Section 3. The City Cferk is hereby directed to provide a certified copy
of this Resolution to the President of the United States, all members of the United
States Congress, the Governor of the State of Florida, all members of the Florida
Legislature, as well as all municipalities in Broward County, the Board of County
Commissioners for Broward County, all municipalities located in Miami-Dade
County, all municipalities located in Palm Beach County, and any other interested
municipalities.
S@+~~i0-1 4. Q,II racpl~rtinnc or p"u-rtS of r°541;,'t!C!'~ !^ v^v~.f~i..+ ~'~'C`,:'I'~1 uC,
and the same are hereby repealed to the extent of such conflict.
Section 5. If any clause, section, other part or application of this
Resolution is held h, ~^,~< ;,~-~ ^^^~~~ ° --~ °$
y 'trt'rMY1r.7~"rlCn~ jur r~uw~fvf f W VG ~.ll ILVI IJUIUiIUf IQt Vf
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 become effective immediately upon
its passage and adoption.
Page 6 of 7
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
NO TH LAU ERDALE, FLORIDA, THIS ~ DAY OF
2008.
YOR JACK BRADY
C AYOR J R. CANGEMI
ATTEST:
l~%t ~~il~C~
PATRICIA VANCHERI, Interim City Clerk
APPROVED AS TO LEGAL FORM
BY CITY ATTORNEY:
/Q ~9~~
SAM EL S. GOR ,ESQUIRE
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