Res 34-97 RESOLUTION NO. 34-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, OBJECTING TO SPECIAL ACT
LEGISLATION TO PERMIT THE ABOLISHMENT OF A
MUNICIPAL GOVERNMENT WITHOUT STUDY, CONSENT OR
CONCURRENCE OF THE MUNICIPALITY.
WHEREAS, Senator Jack Latvala (R), District 19 has
sponsored SB1852 and Representative Debra Prewitt (D), District
46 has sponsored HB1295, 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 City Commission of the City of Delray
Beach, Florida, is deeply concerned about the impact similar
legislation could have for any city in the state.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1: That the City Commission of Delray Beach,
Florida, 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 two cities to determine their own
destiny at the local level without intrusion by the Legislature.
Section 2: The the Chairperson of the Florida
Constitutional Revision Commission be advised of the concerns of
this Commission 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.
PASSED AND ~OPTED in regular session on this 15th day
of ~ril, 1997.
ATTEST:
Cie~ -;
Res. No. 34-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITYM~NAGER~
SUBJECT: AGENDA ITEM # ~2 - MEETING OF APRIL 15, 1997
RESOLUTION NO. 34-97
DATE: APRIL 11, 1997
This is before the Commission to consider a resolution objecting
to special act legislation to permit the abolishment of a munici-
pal government without study, consent or concurrence of the
municipality.
Effective January 1, 1998, if approved by a referendum of voters
in the two cities, Senate bill 1852 relating to the cities of
Port Richey and New Port Richey in Pasco County, abolishes the
City of Port Richey, annexes the lands comprising that city into
the City of New Port Richey, and provides for the City of New
Port Richey to assume the assets and liabilities of the City of
Port Richey.
This action disregards the fundamental principles upon which home
rule was founded and exists in Florida law. The concern is the
precedent setting impact similar legislation could have for any
city in the state.
Recommend consideration of Resolution No. 34-97.
"FOR SUNSHINE
CITY OF PORT RICHEY
8624 PORT RICHEY VILLAGE LOOP
March25, 1997 ~ COi~,:t~/~tS'~O~ J
Dear Mayor, City Manager or City Clerk
Re: Special Act Legislation effecting all cities
Attached please find a copy of a resolution concerning an issue that we believe is of the
utmost importance to you and many other communities throughout the State of Florida.
We would sincerely appreciate your support by adoption of the attached draft resolution
which indicates the forced legislation taking place by two of our legislators without cause
or justification. This legislative action may be precedent setting and could have an impact
on all cities in the future.
Please forward a copy to the attention of Michael Sittig, Florida League of Cities, P.O.
Box 1757, Tallahassee, FL 32302 and more importantly to the individual members of
your legislative delegation along with a copy to Senator Jack Latvala and Representative
Debra Prewitt whose addresses are as follows:
Senator Jack Latvala Represemative Debra A. Prewitt
302 Senate Office Building 1402 House Office Building
Tallahassee, FL 32399-1100 Tallahassee, FL 32399-1300 .~
(Fax) (813) 298-1699 (Fax) (813) 841-4179
in addition, plea.se return a copy to the City ofPo~ Richey, Attn: City Clerks at 8624 Port
Richey Village Loop, Port Richey, FL 34668.
Thank you for your concern and support in this important matter.
A RESOLUTION BY THE CITY COUNCIL
OF THE CITY OF OBJECTING TO
SPECIAL ACT LEGISLATION TO PERMIT THE ABOLISHMENT
OF A MUNICIPAL GOVERNMENT WITHOUT STUDY, CONSENT
OR CONCURRENCE OF THE MUNICIPALITY
WHEREAS, Senator Jack Latvala (R), District 19 has sponsored SB 1852 and
Representative Debra Prewitt (D), District 46 has sponsored HB1295, 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 emire 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 role 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 City Council/Commission of the City of is
deeply concerned about the impact similar legislation could have for any city in the state.
NOW, THEREFORE, BE IT RESOLVED, that the City Council/Commission of the City
of 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 Legislature.
BE IT FURTHER RESOLVED by the City Council/Commission of the City of
that the Chairperson of the Florida Constitutional Revision
Commission be advised of the concerns of this Council/Commission 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.
PASSED AND ADOPTED this day of ., 1997.
Attest:
City Clerk Mayor
Sehate Bills - sb1852 http://www.scri.fsu.edu/...-recent-bill/s/1997/1852
+ { } + represents underlined; words underlined are additions
-{ }- represents stricken; words stricken are deletions
Senate Bill sb1852
Correspondin~ Bill lnfommfion '
Bill as Printed
19-253A-97 SB 1852
A bill to be entitled
3~ act relating to the Cities of Port Richey Section 3~ This act, except for this sectioh, which
and New Port Richey, Pasco County; abolishing shall take effect July l, 1997, shall take effect January 1,
the City of Port Richey; annexing the lands 1998, but only if sections 1 and 2 of this act are approged by
comprising that city into the City of New Port a majority vote of those electors who reside in the City of
Richey and providing for the City of New Port New Port Richey who vote in a referendum to be held on
Richey to assume the assets and liabilities of September 9, 1997, and by a majority vote of those electors
the City of Port Richey; providing for a who reside in the City of Port Richey who vote in'a referendum
referendum; providing effective dates, to be held on September 9, 1997. The referendum shall' be
conducted by. the Supervisor. of Elections of Pasco County .... .
Be It Enacted by the Legislature of the State of Florida: throughout the territory comprising both cities and paid for
by the City of New Port Richey. The following statement shall
Section 1. The City of Fort Richey, created by chapter be placed on the ballot:
11034, Laws of Florida, 1925, as amended by ¢~apter 21505,
Laws of Florida, 1941, and by chapters 61-2716, 61-2717, Shall the City of Port Richey be incorporated into the
61-2718, 61-2719, 67-1954, and 67-1955, Laws of Florida, is City of New Port Richey, and the assets and liabilities of the
abolished, and the lands comprising the City of Port Richey City of Port Richey be assumed by the City of New Port Richey
'are annexed into the City of New Port Richey. effective January 1, 19987
Section 2. The City of New Port Richey shall assume
all assets and liabilities of the City of Port Richey. YES
NO
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