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HomeMy WebLinkAboutVII(C) Discussion/ Action Re: Resolution No.97-17, Supporting Florida League Of Cities' Constitution Revision ResolutionCity Of -Ocoee 150 NoRTH LAKESHORE DRIVE OcoEE, FLORIDA 34761-2258 ,(407) 656-2322 -FAX (407) 656-5725 MEMORANDUM Agenda 12-16-97 Item VII C Jean Grafton City Clerk To: The Honorable Mayor and City Commission From: Jean Grafton, City Clerk Date: December 10, 1997 Re: Resolution No. 97-17 At the Florida League Annual Legislative Conference, the League moved to request that all municipalities adopt their own resolution in support of the League's Constitution Revision. Resolution and mail copies of 'their Resolution to the Resolution Revision Commission mailing list. A copy of the League's Resolution is attached and Ocoee's Resolution No. 97-17 has been prepared for your approval. "PRIDE OF WEST ORANGE" / ae- 19510 FLORIDA LEAGUE Memorandum TO: Key Official FROM: Kelvin J. Robinson, Legislative Director Or— RE: Transmittal of Constitution Revision Resolution DATE: December 2, 1997 At the League's Annual Legislative Conference, held on November 20-21, 1997 at the Hyatt Regency, Orlando International Airport, a select Resolution Committee met to review and recommend issues for consideration by the Constitution Revision Commission. A copy of the resolution that was adopted by this committee and the League's membership is enclosed. During -the League's- Business Meeting at the conference, a motion was adopted by the membership to request that all municipalities adopt their own resolution in support of the League's Constitution Revision Resolution. To facilitate this effort, enclosed is a "sample" resolution. that your municipality can use, as well as a Constitution Revision Commission mailing list for distributing your municipality's resolution. As always, you should have your city attorney review the sample for form pursuant to your municipal charter procedures. Thank you for your continued support of the League. Should you have any questions, please contact Darcy Foster at the League office. Enclosures 201 West Park Avenue • P.O. Box 1757 • . Tallahassee, Florida 32302-1757 9 (904) 222-9684 9 Suncom 278-5331 is._ _...-,...._..-... ......... .± 2:} f 201 West Park Avenue • P.O. Box 1757 • . Tallahassee, Florida 32302-1757 9 (904) 222-9684 9 Suncom 278-5331 W OJEPZ 4 ON C111" The 1998 Constitution Revision Resolution A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. (FLC), ESTABLISHING POLICY POSITIONS CONCERNING THE REVISIONS TO THE FLORIDA CONSTITUTION FOR CONSIDERATION BY THE 1998 CONSTITUTION REVISION COMMISSION. WHEREAS, the FLC, whose membership consists of Florida's municipalities, was created in 1922 to work for the general improvement of Florida's municipal governments; and WHEREAS, the 1998 Constitution Revision Commission was established in June 1997, pursuant to Art. XI, § 2, Fla. Const., to review, consider and recommend to Florida's electors proposed revisions to Florida's Constitution; and WHEREAS, the FLC believes that local self government is the keystone to American democracy and that constitutional municipal home rule authority should be protected and expanded; and WHEREAS, municipalities are the only optional form of government, created primarily to service the needs and desires of a local community; and WHEREAS, municipalities are the governments closest to the people and are governed by community leaders who have distinguished themselves as public servants; and WHEREAS, the more than 2000 municipal elected officials, representing 400 cities that comprise the League of Cities, believe that there will be a variety of the proposals that could affect their home rule authority and ability to respond to the needs and conveniences of their citizenry. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC., THAT THE CONSTITUTION REVISION COMMISSION RESPECTFULLY CONSIDER THE FOLLOWING POSITIONS: Constitutional Articles Article I, Declaration of Rights Section 1. That the FLC, opposes any change in Art. I, Fla. Const., or in any other provision of the Constitution that would unreasonably infringe upon the rights of all property owners in order to expand the rights of some property owners. Section 2. That the FLC, supports an amendment to Art. I, § 6, Fla. Const., that would prohibit the legislature from enacting unfunded mandates relating to salary and benefits for municipal employees or prohibit legislative action if such benefit is a mandatory subject of local collective bargaining. Section 3. That the FLC, opposes any change to Art. I, § 9, Fla. Const., or any other provision, in the Constitution that would limit constitutionally sound forfeiture procedures. �p�GUE P SELF -CC i Z .n foxtba lea me of diff -es — - - Resolution: Continued Section 4. That the FLC, endorses fairness in municipal hiring practices and will support an amendment to. the constitution that recognizes that employment policies are a matter of local concern and dependent upon the unique circumstances of each municipality. Article II, General Provisions Section 5. That the FLC, supports an amendment to Art. II, § 7, Fla. Const., relating to environmental protection, that ensures the prudent expenditure of taxpayer dollars by requiring that state environmental regulations be supported by sound scientific data, satisfies a cost/benefit test and achieves a benefit derived from the environmental regulation that is rationally related to the costs to implement the regulation. Section 6. That the FLC, supports an amendment to Art. II, Fla. Const., or any other provision of the Constitution that ensures fairness through procedural and substantive due process for municipal officials and that restructures the Commission on Ethics. Article VII, Finance and Taxation Section 7. That the FLC, supports amendments to close loopholes in the "mandates" provision of Art. VII, § 18, Fla. Const. Section 8. That the FLC, supports an amendment to Art. VII, § 1(a), Fla. Const., to authorize municipalities to levy any tax the state and its political subdivisions can levy if the tax is approved by the electors of the municipality. Section 9. That the FLC, supports an amendment to Art. VII, § 3(a), Fla. Const., that assures that municipal property shall not be subject to ad valorem taxation. Section 10. That the FLC, supports an amendment to Art. VII, § 1(a), Fla. Const., to codify the courts' definition of "taxes," and assures municipalities retain the home rule authority to levy "fees." Article VIII, Local Government Section 11. That the FLC, supports an amendment to Article VII, § 18, Fla, Const., to sunset state mandates that have been imposed since 1990, the year on which Florida's electorate adopted this provision and it became effective. Section 12. . That the FLC, supports_ an amendment to Art. VIII, § 2(b), Fla. Const., to provide that a municipal ordinance prevails over a state law. Section 13. That the FLC, supports an amendment to Art. VIII, § 2(c), Fla. Const., which allows a municipality to annex unincorporated property expeditiously. Section 14. That the FLC, supports an amendment to Art. VIII, § 2, Fla. Const:, that assures a municipality's right to manage its right-of-ways and to receive fair compensation for the use of its right-of-ways. Section 15. That the FLC, supports an amendment to Art. VIII, § 2(b), Fla. Const., to assure municipalities are vested with the authority to control zoning and land use decisions. Section 16. That the FLC, supports an amendment to Art. VIII, § 1(h), Fla. Const., that eliminates taxation of citizens of municipalities for services that are —rendered -by the- county, and requires that in uiiincorporated-areas; all municipal=type — - -- services shall be funded solely by Municipal Service Taxing Units or Municipal Service Benefit Units; while all other county -wide services shall be negotiated with the affected governing jurisdictions. Section 17. That the FLC, supports an amendment to Article VIII, §. 2,. Fla. Const., that ensures the right of citizens of any municipality not to be subjected to involuntary municipal abolition or merger by general or special law. Section 18. That the FLC, supports an amendment to Art. VIII, § 1(g), Fla. Const., to assure charter county ordinances do not. apply within municipalities without the consent of the municipality. Resolution Continued Article X, Miscellaneous Section 19. That the FLC, supports an amendment to Art. X, § 13, Fla. Const., to assure the sovereign immunity of municipalities is the same as the state and its agencies and political subdivisions, and opposes any provision that would expand the tort liability of municipalities. Article XI, Amendments Section 20. That the FLC, supports an amendment to Art. XI, § 3, Fla. Const., to ensure the rights of municipal citizens by precluding any limitations on the powers of municipalities through legislative or citizen initiated proposals that amend the Constitution. Other Section 21. That the FLC, supports any proposed constitutional amendment that recognizes and affirms the principle of municipal Home Rule and oppose any proposal that restricts or limits the powers of municipalities to respond to the needs of their citizens. Including the authority of municipalities to raise revenues. Section 22. That a copy of this resolution be sent to the 1998 Constitution Revision Commission members by the FLC. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the Hyatt Regency Hotel, Orlando International Airport, Orlando, Florida, this 21th Day of November, 1997. SamFe en' President FloriofCities,Inc.e Mayor,Greenacres 0 ATTEST: I I - VV " - — v W Michael Sittig; Executive Dir Florida League of Cities, Inc. RESOLUTION NO. 97-17 A RESOLUTION OF THE CITY COMIVIISSION OF THE CITY OF OCOEE, FLORIDA SUPPORTING THE FLORIDA LEAGUE OF CITIES, INC.'S CONSITITUTION REVISION RESOLUTION. . WHEREAS, the Florida League of Cities, Inc., convened at its Annual Legislative Conference on November 20-21, 1997, at the Hyatt Regency Orlando International Airport, Orlando, Florida, to adopt both its legislative policies and proposals to revise Florida's Constitution; WHEREAS, the Florida League of Cities, Inca adopted on November 21, 1997, its 1998 Constitution Revision Resolution; and WHEREAS, the City of Ocoee believes that there will be a variety of constitutional proposals that could affect municipal home rule authority and a municipality's ability to respond to the needs and conveniences of its citizenry; and WHEREAS, the City of Ocoee is a member of the Florida , League of Cities, Inc. and fully supports the Florida League of Cities and each position addressed in the 1998 Constitution Revision Resolution, NOW, THEREFORE, BE IT RESOLVED, by the City Commission of the City of Ocoee, Florida that: Section 1. The Constitution Revision Commission respectfully consider the Florida League of Cities' Constitution Revision. Section 2. A copy of this municipal resolution be sent to the 1998 Constitution Revision Commission members. APPROVED AND ADOPTED by the City Commission of the City of Ocoee, Florida, this day of December, 1997. ATTEST: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS.TO FORM AND LEGALITY this day of December, 1997. FOLEY & LARDNER By: City Attorney APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor APPROVED by the OCOEE CITY COMIVIISSION at a meeting held on the date indicated above under Agenda Item No.