HomeMy Public PortalAbout1997-22 Special legislation to permit abolishment of municipal government without study, consent of the municipality, objecting toRESOLUTION NO. 97-22
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; OBJECTING TO SPECIAL ACT LEGISLATION TO
PERMIT THE ABOLISHMENT OF A MUNICIPAL
GOVERNMENT WITHOUT STUDY, CONSENT OR
CONCURRENCE OF THE MUNICIPALITY ; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Senator Jack Latvala (R), District 19 has sponsored SB 1852 and Representative
Debra Prewitt (D), District 46 has sponsored HB 1295, a Special Act of the Legislature of Florida
advocating the abolition of the City of Port Richey and its annexation to the City of New Port Richey
without a study by the Florida Department of Community Affairs, either local jurisdiction or any
independent study group or organization; and
WHEREAS, this Special Act legislation calls for the abolishment of the City of Port Richey,
Florida, and further calls for the City of Port Richey to be annexed into the City of New Port Richey,
Florida through the vehicle of a forced referendum to be held in both cities, by a special election to
be held in September 1997, and not during the regular election of both cities to be held in April of
each year; and
WHEREAS, neither the City of New Port Richey nor the City of Port Richey have requested
this action be taken by the Florida Legislature, and the City of Port Richey has clearly and vigorously
voiced it's opposition to the entire forced mandate by the bill sponsors; and
WHEREAS, the action taken by the bill sponsors is with a complete disregard for the
fundamental principles upon which home rule was founded and exists pursuant to Florida law, as
well as the constitutional provisions contained in all municipal charters for the electorate to bring
a question of this magnitude to a referendum as the community deems proper and necessary; and
WHEREAS, the Village Council of the Village of Key Biscayne is deeply concerned about
the impact similar legislation could have for any city in the state.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Village of Key Biscayne formally voices it's concern regarding this
matter of great importance to our local legislative delegation members and to the sponsors of the
unprecedented action, Senator Jack Latvala and Representative Debra Prewitt, and requests that an
immediate response be forthcoming from the sponsors setting forth with particularity the reasons and
necessity for such legislation affecting the ability of the two cities to determine their own destiny at
the local level without intrusion by the Legislation.
Section 2. That the Village of Key Biscayne further resolves that the Chairperson of the
Florida Constitutional Revision Commission be advised of the concerns of this Council regarding
the power of the Florida Legislature to burden any City of the state with the need to protect itself
from future unilateral legislative action without provocation or justification, and to amend the
Florida Constitution to provide for necessary checks and balances, study by appropriate state
agencies and a referendum by the people affected before any municipality of the State of Florida may
be abolished, merged or otherwise consolidated with another local government.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 8th day of April , 1997.
ae,..71-4,
YOR JOHN F. FESTA
CONCHITA H. ALVAREZ, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
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RICHARD J. WEISS, VILLAGE ATTORNEY