HomeMy Public PortalAboutRES 97/10RESOLUTION NO. 97 -10
A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, FLORIDA SUPPORTING AN
AMENDMENT TO ARTICLE VIII SECTION 2 (a) AND
(c) OF THE FLORIDA CONSTITUTION.
WHEREAS, Article VIII, Section 2(a) of the Florida Constitution
(1968) allows for the involuntary abolition of any municipality or to
modify their Charters by Special Act of the Legislature with or without
a referendum as determined unilaterally by the County Legislative
Delegation; and,
WHEREAS, Article VIII, Section 2(c) of the Florida Constitution
allows for the involuntary merger of municipalities by Special Act of
the Legislature with or without a referendum as determined unilaterally
by the County Legislative Delegation; and,
WHEREAS, the ability of the Florida Legislature to take such action
without regard to the right of the people for self determination is
contrary to all of the principles upon which home rule was established
for municipalities by the Constitution; and,
WHEREAS, the Town Commission and the people of the Town of Gulf
Stream, Florida are greatly concerned about the ability of the
legislature to abolish a town without a referendum vote of it's electorate
or to force a municipal constituency to vote on an issue not of their
own choosing, thus disregarding the will of the people, the democratic
principles of home rule, self determination, and self goverance; and,
WHEREAS, the Florida Constitutional Revision Commission was formed
to hear and consider matters of great public importance and to amend
our state Constitution in keeping with contemporary issues for the
management of the state, county and local governments and the protection
of the rights, privileges and immunities of its citizens; and,
WHEREAS, The Town of Gulf Stream feels that in order to preserve
the fundamental concepts of home rule, a revision to Article VIII, Section
2(a) and (c) is of the utmost importance to all municipalities of the state,
and does hereby request that the Florida Constitutional Revision Commis-
sion consider and approve the following amendments to the Florida
Constitution,
NOW THEREFORE, BE IT RESOLVED, by the Town Commission of the Town
of Gulf Stream, Florida that the Florida Constitution, Article VIII,
Section 2 (a) and (c) be amended as follows:
ARTICLE VIII
Section 2, Municipalities
(a) ESTABLISHMENT. Municipalities may be established by special
law, or abolished only upon an affirmative vote of the electorate of the
electorate of the municipality pursuant to
general er- speelal law. When any municipality is abolished, provisions
shall be made for protection of its creditors.
(b) POWERS. Municipalities shall have governmental, corporate
and proprietary powers to enable then 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. Each municipal legislative body shall be elective.
Resolution No. 97 -10 Con't.
(c) ANNEXATION. Municipal annexation of unincorporated
territory, merger of municipalities pursuant to the provisions of
municipal charters, and exercise of extra - territorial powers by
municipalities shall be provided by general or special law.
BE IT FURTHER RESOLVED, by the Town Commission of the Town of Gulf
Stream Florida, that a copy of this Resolution be sent to members of
the Florida Constitutional Revision Commission and the Florida League
of Cities.
APPROVED AND ADOPTED by the Town Commission of the Town of
Gulf Stream, Florida the 14th day of November, 1997.
MZWOR
(SEAL)
ATTEST: COMMISSIONER
- PJ,4 z � �f 2 ; X, —
TOWN CLERK