R97-059RESOLUTION R97~q
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
OBJECTING TO SPECIAL ACT LEGISLATION TO
PERMIT THE ABOLISHMENT OF A MUNICIPAL
GOVERNMENT WITHOUT STUDY, CONSENT OR
CONCURR[:NCEOF 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 prowsions contained in all municipal charters and 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 Boynton Beach,
Florida is deeply concerned about the impact similar legislation could
have for any city in the state.
NOW, THEREFORE, BE IT RESOLVED that the City Commission
of the City of Boynton 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 the two cities to determine their own destiny at the
local level without intrusion by the Legislature.
BE IT FURTHER RESOLVED by the City Commission of the City
of Boynton Beach, Florida that 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.
A copy of this Resolution shall be provided to all members of our
legislative delegation and the Florida League of Cities, as well as Senator
Jack Latvala and Representative Debra Prewitt.
PASSED AND ADOPTED this /,~ day of//,~,~/z. 1997.
CITY OF BOYNTON BEACH, FLORIDA
Vice Mayor
Gommissionor
ommissionor ~
Cit~Clerk