R07-013
II
1 RESOLUTION NO. R07- 013
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, SUPPORTING AND ENDORSING THE
5 PRINCIPLES OF HOME RULE AND ADOPTING THE POLICIES
6 SET FORTH BELOW TO SUPPORT THE PREMISE THAT THE
7 CITY SHOULD HAVE THE AUTHORITY TO GOVERN WITHIN
8 ITS JURISDICTION; FURTHER PROVIDING THAT SUCH
9 AUTHORITY SHOULD NOT BE ERODED; PROVIDING AN
10 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
11
12
13 WHEREAS, Chapter 166, Florida Statutes, entitled "Municipalities" and known as the
14 "Municipal Home Rule Powers Act" provides a broad grant of authority to all municipalities to
15 enable them to exercise any power for municipal purposes, except when expressly prohibited by
16 law; and
17 WHEREAS, Section 2(b), Article VIII, State Constitution, protects the rights of
18 municipal government by means of language which reads as follows:
19 Municipalities shall have the governmental, corporate, and
20 proprietary powers to enable them to conduct municipal
21 government, perform municipal functions and render municipal
22 services, and may exercise any power for municipal purposes,
23 except as otherwise provided by law; and
24
25 WHEREAS, the legislature recognizes that, pursuant to the grant of power set forth in
26 Section 2(b), Article VIII, State Constitution, the legislative body of each municipality has the
27 power to enact legislation concerning any subject matter upon which the state legislature may act
28 except for those subjects specifically listed at Section 166.021(3)(a)-(d); and
29 WHEREAS, municipalities are voluntary forms of government and would not exist if
30 communities had not organized and held special elections in order to create the local form of
31 government; and
Page 1 of3
:ICA IRESOISample Home Rule-06.doc
II
1 WHEREAS, Residents in a community decide to incorporate in order to govern
2 themselves and to gain a greater degree of control over issues that impact their quality oflife and
3 property interests directly; and
4 WHEREAS, municipalities represent the form of government which is closest to the
5 people and therefore many people expressly choose to live within municipalities in order that their
6 ideas may be heard on a more personal basis; and
7 WHEREAS, a similar resolution was adopted by the Palm Beach County League of
8 Cities, Inc. on November 22, 2006; and
9 WHEREAS, the City of Boynton Beach desires to preserve this unique responsive form
10 of government, wishes to support the Palm Beach County League of Cities, Inc. and believes it to
11 be in the best interests of its citizens to adopt this Resolution formally stating its position.
12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
13 CITY OF BOYNTON BEACH AS FOLLOWS:
14
Section 1:
The City of Boynton Beach believes that when issues are in conflict
15 between Palm Beach County and a municipality or several municipalities, such conflict should be
16 resolved by the following:
17
18
19
A.
Approval by the governing body of the municipality or municipalities
affected; or
Approval by a majority ofthe electors within the County and a majority of
B.
20 the electors within the affected municipality or municipalities.
21 Section 2: The above stated policy is hereby adopted by the City Commission ofthe
22 City of Boynton Beach.
Page 2 of3
S:ICAIRESOISample Home Rule-06.doc
II
1
Section 3:
This Resolution shall be forwarded to the Board of County Commissioners,
2 the Palm Beach County Administrator, the Palm Beach County League of Cities, Inc. and the
3 State Senators and Representatives elected from the jurisdiction of the City of Boynton Beach.
4
Section 4:
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
30
31
32
This Resolution shall take effect immediately upon passage.
I b day of Ja..otULr)'
CITY OF BOYNTON BEACH, FLORIDA
PASSED AND ADOPTED this
ATTEST:
m.P~
S:ICAIRESOISample Home Rule-06.doc
,2007.
h -:;Y--;Z tr--
I~~e~';r ,
/" -
Page 3 of3