HomeMy WebLinkAboutVII (J) Discussion/ Action re: Resolution No. 97-13, opposing the Designation of " Urban Preservation Districts Agenda 11-18-97
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MEMORANDUM
To: The Honorable Mayor and City Commission
From: Jean Grafton, City Cler J'
Date: November 13, 1997
Re: Resolution No. 97-13
This Resolution opposing the designation of "Urban Preservation Districts" was prepared
in response to your direction at the joint meeting with Apopka and Winter Garden.
"PRIDE OF WEST ORANGE"
(17
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RESOLUTION NO. 97-13
A RESOLUTION IN OPPOSITION TO PROPOSED LEGISLATION
WHICH WOULD AUTHORIZE THE BOARD OF COUNTY
COMMISSIONERS OF ORANGE COUNTY TO DESIGNATE "URBAN
PRESERVATION DISTRICTS" AND WHICH WOULD ALSO ESTABLISH
EXTRAORDINARY REQUIREMENTS FOR THE VOLUNTARY
ANNEXATION OF PROPERTY SITUATED THEREIN.
WHEREAS, one or more members of the Board of County Commissioners of Orange
County is seeking the introduction and enactment of a local bill which would authorize the Board of
County Commissioners to designate certain property lying outside of current municipal boundaries
as "Urban Preservation Districts;" and
WHEREAS, the proposed legislation would give the Board of County Commissioners an
absolute veto power over voluntary annexations in such designated areas; and
WHEREAS, the proposed legislation would also require that a majority of the electors in a
designated "Urban Preservation District" approve such a voluntary annexation, thus effectively
giving veto power to an annexing property owner's neighbors and others who themselves may not
be seeking annexation; and
WHEREAS, the proposed legislation, which would allow both the Board of County
Commissioners and surrounding property owners to interfere with a citizen's right to obtain
municipal services through voluntary annexation, is contrary to both traditional municipal home
rule and the principals of private property rights; and
WHEREAS, the proposed legislation does not provide adequate criteria for determining
which areas are appropriate for the "Urban Preservation District" designation and places the matter
solely within the discretion of the Board of County Commissioners; and
WHEREAS, the proposed legislation does not require the Board of County Commissioners
to consider pre-existing utility territorial agreements when designating an "Urban Preservation
District;" and
WHEREAS, the proposed legislation does not prevent the Board of County Commissioners
from establishing "Urban Preservation Districts" inside existing municipal annexation territories as
established by pre-existing joint planning agreements; and
WHEREAS, other less restrictive and intrusive measures exist for protection of urban
areas in the County which have existing historical and cohesive residential characteristics, such as
special legislation addressing a specific geographic area; and
WHEREAS, the proposed legislation would allow the County to arbitrarily manipulate
future municipal boundaries,
NOW, THEREFORE, BE IT RESOLVED:
Section 1. That the City of Ocoee strongly opposes the proposed local bill regarding
"Urban Preservation Districts."
Section 2. That the City of Ocoee further urges the Orange County Legislative Delegation
to not introduce the proposed legislation.
BE IT FURTHER RESOLVED, that this resolution shall take effect upon its passage.
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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