Res No. 155-18 _ _...... _ . ....- -------
RESOLUTION NO. 155-18
A RESOLUTION OF THE CITY OF DELRAY BEACH,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 INTRUSION INTO LOCAL
FINANCES, WHICH ARE NECESSARY TO PROVIDE FINANCIAL
STABILITY AND ESSENTIAL SERVICES UNIQUELY REQUIRED BY
MUNICIPAL RESIDENTS AND LOCAL BUSINESSES; DIRECTING CITY
ADMINISTRATION TO TRANSMIT A CERTIFIED COPY OF THIS
RESOLUTION TO THE PALM BEACH COUNTY LEAGUE OF CITIES,THE
FLORIDA LEAGUE OF CITIES, AND THE PALM BEACH COUNTY
LEGISLATIVE DELEGATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING 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
i
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.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA,AS FOLLOWS:
Section 1. The above "WHEREAS" clauses axe hereby ratified and confirmed as being true and
correct and are incorporatedY herein b this reference.
Section 2. The City Commission of the City of Delray Beach 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 City Commission of the City of Delray Beach urges all members of the Florida
Legislature to oppose legislation that would interfere with or intrude into municipal finances.
Section 4. The City Administration is directed to transmit a certified copy of this Resolution to the
Palm Beach County League of Cities, the Florida League of Cities, and the Palm Beach County Legislative
Delegation 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.
2
RES. NO. 155-18
Section 7. This Resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED in regular session on the da f °� 20 .
ATT ,ST:
/ MAYO
City Clerk
Appr ed was t fo and legal sufficiency:
City Att
3
RES.NO. 155-18