Res 73-06
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RESOLUTION NO. 73-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH,
SUPPORTING AND ENDORSING THE PRINCIPLES OF HOME RULE AND
ADOPTING THE POLICIES SET FORTH BELOW TO SUPPPORTTHE PREMISE THAT
THE CITY 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, entided "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, perfonn 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 fonns of government and would not exist if communities had
not organized and held special elections in order to create the local fonn 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 direcdy; and
WHEREAS, municipalities represent the fonn 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
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WHEREAS, the City of Delray Beach desires to preserve this unique responsive fonn of government,
wishes to support the Palm Beach County League of Cities, Inc. and believes it to be in the best interests of its
citizens to adopt this Resolution formally staring its position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1: The City of Delray Beach 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 by a majority of the electors within the County and a majority of the
electors within the affected municipality or municipalities.
Section 2:
The City of Delray Beach hereby adopts the above stated policy.
Section 3: The City Clerk is hereby directed to forward this resolution 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 City of Delray Beach.
This Resolution shall take effect immediately upon passage.
Section 4:
PASSED AND ADOPTED this 5th day of December, 2006.
ATTEST:
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CITY CLERK
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RES. NO. 73-06
[IT' OF DELIA' BEA[H
DELRAY BEACH
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Ail-America City
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CITY CLERK 100 N.W. 1st AVENUE
. DELRAY BEACH, FLORIDA 33444 . 561/243-7000
1993
2001
CERTIFICATION
I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach.
do hereby certify that the attached document is a true and correct
copy of Resolution No. 73-06. as the same was passed and adopted
by the Delray Beach City Commission in regular session on the 5th
day of December. 2006.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 12th day of
December. 2006.
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Chevelle Nubin. CMC
City Clerk
City of Delray Beach. Florida
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