HomeMy Public PortalAbout18-01NO. 18-01
A RESOLUTION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, OPPOSING LEGISLATIVE EFFORTS TO IMPEDE THE
CONSTITUTIONAL RIGHT FLORIDA'S CITIZENS HAVE ENJOYED FOR
NEARLY 50 YEARS TO GOVERN THEMSELVES UNDER MUNICIPAL HOME
RULE POWERS; OPPOSING THE LEGISLATURE'S PERSISTENT INTRUSON
INTO LOCAL FINANCES, WHICH ARE NECESSARY TO PROVIDE FINANCIAL
STABILITY AND ESSENTIAL SERVICES UNIQUELY REQUIRED BY
MUNICIPAL RESIDENTS AND LOCAL BUSINESSES; DIRECTING TOWN
ADMINISTRATION TO TRANSMIT A CERTIFIED COPY OF THIS REOLUTION
TO THE FLORIDA LEAGUE OF CITIES, THE PALM BEACH COUNTY
LEGISLATIVE DELEGATION AND ANY OTHER INTERESTED PARTIES;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is the expressed will of the voters of Florida to
have the right to govern themselves under municipal Home Rule
powers; and
WHEREAS, Floridians have possessed this constitutional right
of local self-government for nearly 50 years; and
WHEREAS, as the only form of voluntary government, Florida's
municipalities are the embodiment of the Florida
Constitution's right of local self-government; and
WHEREAS, municipal Home Rule powers include all governmental,
corporate and proprietary powers necessary to conduct
municipal government, perform municipal functions and render
municipal services for the unique benefit of the people who
live and work within a municipality; and
WHEREAS, Floridians exercise their Home Rule powers by voting
to incorporate and be governed under a municipal form of
government for a variety of reasons, including increased
services, a unique business and residential environment, and
greater voice in how their government is run; and
WHEREAS, municipal citizens further exercise their Home Rule
powers by voting on a charter that specifies the desired form,
functions and powers of their municipal government; and
WHEREAS, Floridians' constitutional right to govern
themselves locally, under municipal Home Rule powers and
pursuant to their adopted municipal charters, is being
increasingly eroded and limited by actions of the Florida
Legislature; and
WHEREAS, these actions of the Florida Legislature take power
away from Florida citizens to ensure their chosen municipal
government provides their desired level of services, offers
their desired quality of life and otherwise meets their needs
in a timely and effective manner; and
WHEREAS, municipalities are authorized by the Florida
Constitution and by general law to levy ad valorem and other
forms of local taxation, and are further authorized by general
law and their Home Rule powers to impose special assessments
and fees; and
WHEREAS, municipal residents and local businesses pay local
taxes, assessments and fees for the specific purpose of
obtaining and enhancing their desired level of municipal
services and amenities; and
WHEREAS, intrusion from the Florida Legislature into
municipal finances prohibits elected municipal leaders from
meeting the expectations of their residents and local
businesses that local revenues will be used as intended; and
WHEREAS, the Florida League of Cities has included the
protection of local self-government under municipal Home Rule
powers as one of its 2018 Legislative Priorities; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, FLORIDA, THAT:
Section 1. The above "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are incorporated
herein by this reference.
Section 2. The Town Commission of the Town of Gulf Stream
urges all members of the Florida Legislature to oppose
legislation that limits Floridians' constitutional right to
govern themselves under municipal Home Rule Powers.
Section 3. The Town Commission of the Town of Gulf Stream
urges all members of the Florida Legislature to oppose
legislation that would interfere with or intrude into
municipal finances.
Section 4. The Town Administration is directed to transmit
a certified copy of this Resolution to the Florida League of
Cities, the Palm Beach County Legislative Delegation and any
other interested parties.
Section 5. All Resolutions or parts of Resolutions in
conflict herewith, be and the same are repealed to the extent
of such conflict.
Section 6. If any section, sentence, clause or phrase of
this Resolution is held to be invalid or unconstitutional by
any court of competent jurisdiction, then said holding shall
in no way affect the validity of the remaining portions of
this Resolution.
Section 7. This Resolution shall become effective
immediately upon its passage and adoption.
PASSED AND ADOPTED BY THE TOWN OF GULF STREAM, FLORIDA
THIS 12th day of JANUARY, 2019.
TOWN OF GULF STREAM, FLORIDA
(SEAL)
ATTEST:
ZA
TOWN CLERK '