HomeMy WebLinkAboutVII (I) Discussion/ Action re: Resolution No. 97-12, supporting an Amendment to Article VIII Section 2(a) and (c) of the Florida Constitution Agenda 11-18-97
Item VII 1
Ocoee City of Ocoee
e ca o Jean Grafton
150 NORTH I AKESHORE DRIVE City Clerk
""f� A° OcoEE, FLORIDA 34761-2258
•or coed` (407)656-2322
FAX(407)656-5725
MEMORANDUM
To: The Honorable Mayor and City Commission
From: Jean Grafton, City Clerk
Date: November 13, 1997
Re: Resolution No. 97-12
This Resolution supporting an amendment to Article VIII Section 2(a) and (c) of the
Florida Constitution in order to preserve the fundamental concepts of home rule was
prepared in response to your direction at the November 4, 1997 regular meeting.
"PRIDE OF WEST ORANGE"
RESOLUTION NO. 97-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA SUPPORTING AN AMENDMENT TO ARTICLE VIII
SECTION 2 (a) AND (c) OF THE FLORIDA CONSTITUTION.
WHEREAS, Article VIII, Section 2 (a) of the Florida Constitution (1968) allows for the
involuntary abolition of any municipality or to modify their Charters by Special Act of the
Legislature with or without a referendum as determined unilaterally by the County Legislative
Delegation; and
WHEREAS, Article VIII, Section 2 (c) of the Florida Constitution allows for the
involuntary merger of municipalities by Special Act of the Legislature with or without a
referendum as determined unilaterally by the County Legislative Delegation; and
WHEREAS, the ability of the Florida Legislature to take such action without regard to the
right of the people for self determination is contrary to all of the principles upon which home rule
was established for municipalities by the Constitution; and
WHEREAS, the City Commission and the people of the City of Ocoee, Florida are greatly
concerned about the ability of the legislature to abolish a city without a referendum vote of its
electorate or to force a municipal constituency to vote on an issue not of their own choosing, thus
disregarding the will of the people, the democratic principles of home rule, self determination, and
self governance; and
WHEREAS, the Florida Constitutional Revision Commission was formed to hear and
consider matters of great public importance and to amend our slate Constitution in keeping with
contemporary issues for the management of the state, county and local governments and the
protection of the rights, privileges and immunities of its citizens; and
WHEREAS, the City of Ocoee feels that in order to preserve the fundamental concepts of
home rule, a revision to Article VIII, Section 2 (a) and (c) is of the utmost importance to all
municipalities of the state, and does hereby request that the Florida Constitutional Revision
Commission consider and approve the following amendments to the Florida Constitution, and
NOW, THEREFORE, BE IT RESOLVED, by the City Commission of the City of Ocoee.
Florida that the Florida Constitution, Article VIII, Section 2 (a) and (c) be amended as follows:
ARTICLE VIII
Section 2, Municipalities
(a) ESTABLISHMENT. Municipalities may be established by special law, or abolished
only upon an affirmative vote of the electorate of the municipality and the^^ ehar ers—a..endea�m�-a�d
pursuant to general or—special law. When any municipality is abolished, provisions shall be made
for the protection of its creditors.
(b) POWERS. Municipalities shall have governmental, corporate and proprietary powers
to enable then to conduct municipal government, perform municipal functions and render municipal
services, and may exercise any power for municipal purposes except as other wise provided by
law. Each municipal legislative body shall be elective.
(c) ANNEXATION. Municipal annexation of unincorporated territory, merger of
municipalities pursuant to the provisions of municipal charters, and exercise of extra-territorial
powers by municipalities shall be provided by general or special law.
BE IT FURTHER RESOLVED, by the City Commission of the City of Ocoee, that a
copy of this Resolution be sent to the members of the Florida Constitutional Revision Commission
and the Florida League of Cities.
PASSED AND ADOPTED this day of November, 1997.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of November, 1997.
FOLEY & LARDNER APPROVED by the OCOEE CITY
COMMISSION at a meeting held
on the date indicated above under
By: Agenda Item No.
City Attorney
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