HomeMy Public PortalAboutRES 06/04RESOLUTION NO. 006 -04
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM,
SUPPORTING AND ENDORSING THE PRINCIPLES OF HOME RULE AND
ADOPTING THE POLICIES SET FORTH BELOW TO SUPPORT THE PREMISE THAT
THE TOWN SHOULD HAVE THE AUTHORITY TO GOVERN WITHIN ITS
JURISDICTION; FURTHER PROVIDING THAT SUCH AUTHORITY SHOULD NOT
BE ERODED, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, Chapter 166, Florida Statutes, entitled "Municipalities" and known as
the "Municipal Home Rule Powers Act" provides a broad grant of authority to all
municipalities to enable them to exercise any power for municipal purposes, except
when expressly prohibited by law; and
WHEREAS, Section 2(b), Article VIII, State Constitution, protects the rights of
municipal government by means of language which reads as follows:
Municipalities shall have the governmental, corporate, and proprietary
powers to enable them to conduct municipal government, perform
municipal functions and render municipal services, and may exercise any
power for municipal purposes, except as otherwise provided by law; and
WHEREAS, the legislature recognizes that, pursuant to the grant of power set
forth in Section 2(b), Article VIII, State Constitution, the legislative body of each
municipality has the power to enact legislation concerning any subject matter upon
which the state legislature may act except for those subjects specifically listed at
Section 166.021(3)(a) -(d); and
WHEREAS, municipalities are voluntary forms of government and would not exist
if communities had not organized and held special elections in order to create the local
form of government; and
WHEREAS, Residents in a community decide to incorporate in order to govern
themselves and to gain a greater degree of control over issues that impact their quality
of life and property interests directly; and
WHEREAS, municipalities represent the form of government which is closest to
the people and therefore many people expressly choose to live within municipalities in
order that their ideas may be heard on a more personal basis; and
WHEREAS, a similar resolution was adopted by the Palm Beach County League of
Cities, Inc. on November 22, 2006; and
WHEREAS, the Town of Gulf Stream desires to preserve this unique responsive
form of government, wishes to support the Palm Beach County League of Cities, Inc.
and believes it to be in the best interest of its citizens to adopt this Resolution formally
stating its position.
NOW, THEREFORE BE IT RESOLVED by the TOWN COMMISSION OF THE TOWN
OF GULF STREAM as follows:
Section 1: The Town of Gulf Stream believes that when issues are in
conflict between Palm Beach County and a municipality or several municipalities, such
conflict should be resolved by the following:
A. Approval by the governing body of the municipality or
municipalities affected; or
B. Approval of the majority of the electors within the County and a
majority of the electors within the affected municipality or
municipalities.
Section 2: The above stated policy is hereby adopted by the
Town Commission of the Town of Gulf Stream.
Section 3: This Resolution shall be forwarded to the Board of County
Commissioners, the Palm Beach County Administrator, the Palm Beach County League
of Cities, Inc. and the State Senators and Representatives elected from the jurisdiction
of the Town of Gulf Stream,
Section 4: This Resolution shall take effect immediately upon passage.
MAYOR
ATTEST:
TOWN CL RK
PASSED AND ADOPTED this 8T" day of DECEMBER, 2006.
TCtWN COMMISSION