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R92-159RESOLUTION NO. ~ 92-/~-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, IN SUPPORT OF THE POSITION ASSUMED BY THE TOWN ATTORNEY OF THE TOWN OF JUPITER, FLORIDA, IN HIS MEMORANDUM OF 8/3/92 REGARDING ESTABLISHMENT OF A LIMIT TO THE AMOUNT THAT THE TOWN BUDGET CAN BE RAISED FROM ONE FISCAL YEAR TO THE NEXT. WHEREAS, the City Commission of the City of Boynton ~each, Florida hereby supports the position of the Town Attorney of the Town of Jupiter in his Memorandum of 8/3/92 regarding establishment of a limit to the amount that the To~n budget ~n be raised from one fiscal year to the next. BE ITRESOLVED ~Y THE CITY COMMISSION OF THE CITY , FLORIDA, THAT. Section 1. The City Commission of the City of Boynton Beach, Florida does support the position assumed by th~ Town Att0~ney of the Town of Jupiter in his Memorandum of 8/3/92 regardinq establishment of a limit to the amount that the budget ca~ be raised from one fiscal year to the next. Section 2o The City Clerk is hereby directed to send a copy of this Resolution to the Town Clerk of the Town of Jupiter for distribution to all of the elected officials of the Town of Jupiter. PASSED AND ADOPTED this /C~ day of September, 1992. CITY OF BOYNTON BEACH, FLORIDA M/ayor Commissioner ATTEST: Cit~ Clerk' Commissio (Corporate Seal) T/Jupiter. Bud 9/10/92 IX. LEGAL C.2 AGENDA MEMORANDUM NO. 92-201 September 15, 1992 Proposed Resolution No. R92-.z~E: In support of the position assumed by the Town Attorney~;h his memorandum of August 3, 1992 regarding establishing a li~)~ to amount that bud et can be ~aised from one fisca:l year~t~ another g At the last regular City Con~nission meeting of September 2, 1992 Commissi~nerAgui.l~a distributedLcop~es of a proposed Ordinance {and opinion); an~oRdd~ance authorized bY MichelleAlexander, Citizens for Responsible Government {CRG}, that would in effect limit the amount a town/city could raise.its budget in any~particular year to the increase of the consumer prior index, as published in the Wall Street Journal. The CRG had plans to p~ace this proposed-ordina, nce on a referendum in the Town of Jupiter. The Town Attorney of Jupiter, as understood; was of the opinion that this proposal was ~~ and believed that it would be defi- cated in court. support from ~he other~ Cities in either in ~:a resolubion~or a'lebten~ It was the concensus of the City Conmission to,have the Cit~Atto. rneyd~aft a resolution in support of the' Town of Jupiter's efforts. J~.xScott Miller ~ity Manager JSM:cd RESOL ION NO. 92- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, IN SUPPORT OF THE POSITION ASSUMED BY THE TOWN JUPITER, OF~/3/92 BE NEXT. Section 2. The City Clerk 'coPY of this Resolution to the Town Jupiter for distributi°n to ail the Town of Jupiter. , of Boynton he Town 8~3/92 the next. of the OF THE directed to Town officials PASSED AND ADOPTED this day of September, 1992. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk Corporate Seal) !/Jupiter. Bud 9/10/92 ORDINANCE NO. An ordina.nce of the Town of Jupiter, Florida, establishing a limit to the amount that the Town Budget can be raised from one fiscal y~ar to the next. Providing that any increase in the total budget of the Town shall b~. limite~l, tn the increa~ of the consumer j~rice index as ~ubii~hed in the Wall Street loun~ for the flvelv¢ months precedint the adoption of sa/d bud~t; unless ,~d ~)udge! is approvod --by re-t~Yendum by~jorlty of the general electorate of the Town of Jupiter. WHEREA~, the cinzans of the Town of Jupiter deem it necessary and advi.~bl¢ to adopt a limit to the spending 0i tho taxpayer, s money w~thout their consent, WHEREAS, the citizens of the Town of Jupiter, deem it necessary and advisable to adopt this ordinance in order to ensure t'[sc'al respons~ity/a¢countabillty; NOW THEREFORE, be it ordained by the citizens and Town Council of the Town of Jupiter, F~orida. Section 1. The bud. get of: the town of Jupiter shall not be increased more the= thc amount of increase demonstrated by the constimer price index for the twelve (12) months i' prior to the adopdoh date of {he annual budget of the Town; except as provided for ~'~1 herein. Section The Council of the Town of Jupiter may adopt a budget with an Town ~ mcr~a.se in excess of the ~onsumer price index, after said pro~sed budget has been ~ approved by referendum by.the majority of the general electorate of the Town of Jupiter. ! Section 3. For the~purpose of the ordinance the consumer price index shall be as !e,stabl[shed by the federal Hon~ Loan Bank Board and published in the Wall Street i Journal. Sectio, n 4. Modification to rigs ordinanc~ must be approved by referendum vote of the general electorate of the Town of Jupiter. Section 5. Any ordinance of the Town of Jupiter in conflict with this ordinance is hereby appealed. Section 6. This ordinance shall take effect immediately upon adoption. Michele Alexander MEMORANDUM TO: FROM: RE: DATE: The Honorable Mayor and Town Council, and Lee R. Ewett, Town Manager Thomas J..ai . Town atto=ney//J / f CFRG Proposed ordinance August 3, 1992 I have reviewed the -~ ord~?a'nCe~ ~prop~e~?by'..the so-called citizens for Responsible adopted, the proposed ordinance budget can be increas the Consumer Price Index (C~X). Darther, the Town based upon ordinance provides that any budget adOPted byt~e Town' ~neXcess of the CPI of the ma3orxty~o voters in the must be approved by a referendum '~ '- f Town of Jupiter. I have concluded that this proposed ordinance is fatally flawed and is unconstitutional whether it be.adopted by the Town council or by referendum vote. If challenged the ordinance would be held by a court to be unconstitutional and contrary to genera] law. The basis for my opinion is set forth below. Cases involving attempts to impose millage capsvia ordinance and referenda upon local governments have been litigated and are analogous to CFRG'S proposed ordinance to limit budget increases. These millage cap proposals have been uniformly held by the courts to be unconstitutional. For example, in Board of County Commissioners of Marion Countv v. McKeever, 438 So.2d 299 (Fla. 5th DCA 1983), the Court held that Marion County could not by referendum obtain the approval of vo~ere to place a cap ordinance) on the millage rate for the County,s Transportation Trust Fund. In holding the proposed ordinance unconstitutional, the court citedseveral statutory provisions, including Fla. Stats. SS129.03(3), 200.065(2), (d), 200.011, 339.083(1), 336.59, which, in the court's opinion, contemplate the annual preparation and adoption of a budget and the fixing of millage rates. The Court determined that a millage cap Would bind future commissions and was therefore unconstitutional: The county commission is required to ~ '.determine the amount to be raised for all county purposes'...To conclude otherwise would allow one county commission to conceivably' bind future commissions in the exercise of their prerogative under the state constitution to levy a millage of up to ten mills for all county purposes. Art. VII. SP(b), Fla. Const. ~, 436 So.2d at 302. Similarly, CFRG's proposed ordinance would bind future Town Councils from adopting an annual budget which meets the needs of the Town's citizens. Although the McKeever opinion dealt with a County, similar statutory provisions apply to municipalities. See e.q. Fla. Stats. SS200.001 and 200.065. The Court also held invalid a provision in the Marion County ordinance, which (like CFRG's proposed ordinance) required voter where a millage increase in excess of the cap was approval proposed: In order for a future commission to levy a millage...in excess of the cap, it would have to ask the voters... Should the voters reject such a request, the commission not only would find its prerogative under the state 2 constitution curtailed but it~ could face serious problems in financing necessary road improvements 'and maintenance. 'We thi~ that the principle set out in .'_3 - -- _, 293 SO.2~ 689 (Fla. i974), t~the effect that'one A budggt~ap-per c~.~ ~oposed ordinance would also be held-- invalid b~9~e~it ~9n~t~s ~hge99ral law. see ~__ ~, 38:6 So.2d 556 (~la. 19:80). ,ID Dade,Countv ~. Wilson, the ordinance which established 'a millage ~ ative petition $~2~0~91 (renumbered as 200.065. LikeWise; CFR~.'S'prop~ed ordinance would place a limztation upon the, Tow~ c~unci11 s!~ermination of an appropriate budget and millage rate through the initiative petition process. The Supreme court's ruling in Dade County v. Wilson, supra, is easy to understand when on~ examines the practical difficulties presented by a budget cap. The proposed ordinance limits the Town -- Council's discretion with respect to establishing the level of funding necessary to meet the needs of its citizens. Thus, if the Town's population continues to grow rapidly (a reasonable assumption given its growth during the last decade), the number of residents requiring Town services and capital facilities will substantially increase. However, pursuant to CFRG's proposed ordinance the revenues available to meet the increased demands of growth from one fiscal year to the next is restricted, such 3 irresponsible legislation could result in severe reductions in capital maintain services, including police services and shortfalls in expenditures such as those necessary to provide for and parks and recreation facilities. It must also be recognized that the fact that CFRG's proposed ordinance might be approved by the voters in a referendum does not cure its constitutional flaws. In fact, the referendum aspects of the ordinance actually make the proposed ordinance even more See Marion Countv.~. McKeever, 436 So.2d at 303, unconstitutional. fn. 5. Accordingly, withstand judicial CFRG's proposed ordinance cannot possibly scrutiny due to its blatant and undeniable conflict with the Florida Constitution, general law, and opinions of the Florida Supreme Court. Because the proposed ordinance is unconstitutional and contrary to Florida law, I cannot certify this ordinance as legally sufficient. My certification of the proposed ordinance would also, in my opinion, run contrary to my responsibilities as Town Attorney. Pursuant to Fla. Sta~. S166.041[a) ordinances, by definition, shall be "enforceable as a local law." Given the proposed ordinance's legal infirmities it could not be enforced. Consequently, I would be remiss were I to advise you to adopt an ordinance that cannot be enforced. Pursuant ~o Article X, S3 of the Town Charter the Town Council may adopt the proposed ordinance within 20 days after the Town Clerk's certificate of sufficiency (as to the n,~m~r of signatures necessary and not as to the proposed ordinances legal sufficiency). 4 Given the proposed recommendation that proposed by ordinance is ordinance'e unconstitutionality it is my the Town Council not adopt the ordinance CFRG. The Charter provides that if the proposed' "not passed...by~ the ¢oun~-...,_as~°rOVided,~ in the then such proposed ordinance,...shall be council to electoral vote at ~he next ~general municipal election." (emphasis'?supplied). It is crucial to note ...... - ........ ~ ~ $~--~ter to "the pracedin~ Section the reference in ~ect~on 3!O£-un~ ~n~.-~ .... . , ~_~ · ~ The~ignifica~ce o~,Se.9~gn 2,is that~it governs the disposition of ~he proposed ordinance if ~he Town council elects not to pass it. SPecifical,l¥, %2 mandatestWO conditions, both of which must occur if the proposedordinance is to be submitted by the Town Council to a vote of the people. First, the required number of qualified electors must have affixed their signatures to the petition which accompanies the proposedordinance' Second, the petition must contain "a request that the proposed ordinance be submitted to a vote of the people, if not passed by the council." Se~ Town of Juoiter. Florida, Article X ~2 (read in pari materia or together with Article X ~3). This second requirement is quite' clear since the word "and" is a conjunction wb£ch requires both the~_ first and second phrase of the first sentence in Article X, ~2 to be me~. Therefore, based upon the foregoing analysis, it is my opinion that if the Town council chooses not to pass CFRG~s proposed ordinance the Town Council is not compelled to submit the proposed ordinance to electoral vote at the nex~general municipal election. This is so because the petitions which accompany the proposed ordinance do not contain a.requeet that ~ha said proposed ordinance be submitted to a vote of the people, if not passed by the council. See, Charter of the Town of Juoiter. Florida, Article X, SS2 and 3. Finally, in the event the Town Council should choose not to adopt the~proposed ordinance and should the petitioners disagree with your decision I recommend that a legal opinion from the Attorney General be sought. By doing so the petitioners will have the benefit of a second opinion as to.the constitutionality of the proposed ordinance and the construction of Sections 2 and 3 of Article~X of the Town Charter which I believe to clearly require the petitions to contain a request that the proposed ordinance be submitted to a vote in order to compel the Town to place the Proposed o~dinance before its voters. 6 What's not in a hat can J might consider moving, to · Briny Breezes or Hypoluxo the drily tO cap J'up~ter:s budget is ~'led ,by,aa-anS~y wguld- growth reqmres state aid e'ollections msn't · built a the lose money its trion, the isn't motivated by angry Ful- Wa- the live ~n such of ~he next ~2 for r value. Jupi- the p it from