HomeMy WebLinkAboutResolution 2005-07RESOLUTION NO. 2005 -07
A RESOLUTION OF THE CITY OF CAPE CANAVERAL OPPOSING
THE BOARD OF COUNTY COMMISSIONERS OF BREVARD
COUNTY ACTION TO IMPOSE ADDITIONAL REQUIREMENTS ON
VOLUNTARY ANNEXATIONS; SUPPORTING CURRENT
NEGOTIATIONS FOR JOINT PLANNING AGREEMENTS; AND
PROVIDING AN EFFECTIVE DATE,
WHEREAS, Chapter 171, Florida Statutes, sets forth uniform standards and
procedures for adjusting the boundaries of municipalities through annexation or
contraction of corporate limits within the State of Florida; and
WHEREAS, the methods and procedures for annexations set forth in Chapter
171, Florida Statutes, have a lengthy legislative history and body of case law to guide
municipalities and property owners in moving forward through the annexation process;
and
WHEREAS, Section 171.044, Florida Statutes, "Voluntary annexation", provides
a streamlined process for the annexation of property where upon the consent of one
hundred percent (100 %) of the owners of real property, of unincorporated areas of a
county which is contiguous to a municipality and reasonably compact may be annexed
to the municipality with the consent of the municipality; and
WHEREAS, the Board of County Commissioners of Brevard County is scheduled
to consider an attempt to amend the Brevard County Charter to authorize the Brevard
County Commission to pass an ordinance providing for an exclusive method for
"voluntary annexation"; and
WHEREAS, the proposed action of the County Commission will impair the rights
of property owners to petition and develop their properties within municipalities to
obtain higher level municipal services such as police and fire; and
WHEREAS, The Board of County Commissioners of Brevard County does not
have water and sewer services available to many sections throughout Brevard County
contiguous to municipalities; and
WHEREAS, the Board of County Commissioners of Brevard County has failed to
initiate efforts to jointly plan contiguous areas adjacent to municipalities; and
WHEREAS, the Brevard County Growth Management Committee was
established as recommended by the County Charter Review Commission to address
County and interlocal growth related issues; and
WHEREAS, Brevard County and the municipalities within it currently have an
interlocal planning process, which is beneficial to all and provides for coordination and
communication of annexation issues, with three municipalities having executed Joint
Planning Agreements and others finalizing negotiations.
Resolution No. 2005 -07
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City � of Cape
Canaveral, Florida as follows:
SECTION 1. The City of Cape Canaveral opposes Brevard County Council
action to impose additional requirements on voluntary annexations.
SECTION 2. The City of Cape Canaveral supports the continuance of
cooperative negotiations for Joint Planning Agreements to the benefit of all the citizens
within Brevard County.
SECTION 3. This resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 1st
day of March. 2005.
Rocky Randel ,MAYOR
ATTEST:
Susan Stl Is, CITY CLERK
, F
APPROVED AS TO FORM:
w
Anthony Garganese, CITY ATTORNEY
C: City Manager
City Attorney
Space Coast League of Cities
AGAINST
FOR
Bob Hoog
X
Steve Miller
Second
Jim Morgan
Motion
Buzz Petsos
X
Rocky Randels
X
AGAINST