HomeMy WebLinkAboutResolution 2009-23RESOLUTION NO. 2009 -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING AND
ENDORSING THE PRINCIPLES OF HOME RULE AND ADOPTING THE
POLICIES SET FORTH BELOW TO SUPPORT THE PREMISE THAT THE
CITY OF CAPE CANAVERAL SHOULD HAVE THE AUTHORITY TO
GOVERN WITHIN ITS JURISDICTION; FURTHER PROVIDING THAT
SUCH AUTHORITY SHOULD NOT BE ERODED; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING FOR OTHER PURPOSES.
WHEREAS, Chapter 166, Florida Statutes, entitled "Municipalities" and
known as the "Municipal Home Rule Powers Act" provides a broad g rant to all
municipalities tc enable them to exercise any power for municipal ur oses except
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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 ro riet
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to enable them to conduct municipal government, perform 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 ant power set
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forth in Section 2(b), Article VIII, State constitution, the legislative body of each
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municipality has the power to enact legislation concerning any subject matter upon
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which the state legislature may act except for those subjects specifically listed at
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Section 166.021 (3)(a)-(d); and
City of Cape Canaveral, Florida
Resolution No. 2009 -23
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WHEREAS, municipalities are voluntary forms of government and would not
exist if communities had not organized and held special elections in order to create
the local form 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 directly; and
WHEREAS, municipalities represent the form 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, this has been a priority of the Florida League of Cities; and
WHEREAS, the Brevard County Charter Review Commission is conducting
their mandated review of the County Charter;
WHEREAS, the City of Cape Canaveral desires to preserve this unique
responsive form of government and believes it to be in the best interests of its
citizens to adopt this Resolution formally stating it position.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL as follows:
SECTION 1: That the City of Cape Canaveral believes that when issues
are in conflict between the Brevard County Charter and a municipality or several
municipalities, such conflict should be resolved by the approval of a majority of the
City of Cape Canaveral, Florida
Resolution No. 2009 -23
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electors within the County and majority of the electors within the affected
municipality or municipalities.
SECTION 2: The above stated policy is hereby adopted by the City council
of the City of Cape Canaveral, Florida.
SECTION 3: This Resolution shall be forwarded to the Board of the County
Commissioners, the charter Review Committee, the Space Coast League of Cities, Inc.
and the State Senators and Representatives elected from the jurisdiction of the City of
Cape Canaveral.
SECTION 4: This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED BY , the City of Cape Canaveral City Council this 4 day of
Au ust, 2009.
Rocky Randels, Mayor
ATTEST:
Mi oforth, ct +ng y�Wuty City Clerk
Appro d s to Form:
Anthony A. Garganese, City Attorney
Name
Robert Hoog
Buzz Petsos
Rocky Randels
Shannon Roberts
Betty Walsh
For Against
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Second
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Motion
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