Resolution 06-1138RESOLUTION NO. 06-1138
A RESOLUTION OF THE Cl[TY OF LONGWOOD,
FLORIDA SUPPORTING THE CITY OF WINTER
SPRINGS, FLORIDA'S PROPOSED AMENDMENTS
TO THE SEMINOLE COUNTY CHARTER REVIEW
COMMISSION PRESERVING MUNICIPAL AND
COUNTY HOME RULE POWERS IN SEMINOLE
COUNTY, FLORIDA.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of
the State Constitution, to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, the City Commission of Longwood finds that the City of Winter
Springs has proposed two amendments to the Seminole County Home Rule Charter that
promote good local government by preserving municipal home rule and providing
adequate time to publicly debate future charter amendments proposed by the Seminole
County Board of County Cominissioners before said amendments are formally voted on
by the voters; and
WHEREAS, the City Commission finds that the preservation of municipal home
rule gives effect to the fundamental American democratic principle that the closer those
who make and execute laws are to the citizens they represent, the better are those citizens
represented and governed in accordance with democratic ideals; and
WHEREAS, Vision 2020, Seminole County Comprehensive Plan, states that the
County wishes to foster better coordinated land -wise planning with the Cities in Seminole
County. and that Seminole County is striving to - enter into Joint Planning Agreements
with the cities; and
WHEREAS, Vision 2020 also provides that one of Seminole County's tasks is to
strive to implement collaborative planning and to jointly plain growth in Seminole County
in order to aclnieve livable or sustainable coinraunities for generations to come; and
WHEREAS, the City, of . Longwood._. has adopted,. an Intergovern nental'. .
Coordination Element in its Comprehensive Plans that provides that the City Winter
Springs will strive to enhance interlocal govermnent coordination on various issues that
may affect them; and
WHEREAS, the City of Longwood desires to enhance intergovenunental
cooperation and coordination between the City and Seminole County and other
inunicipalities; and
WHEREAS, the City Commission strongly desires that Seminole County and its
municipalities continuously strive to cooperate and find common ground in establishing
Resolution No. 06-11.38
Page 2 of 3
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laws and policies that may have countywide effect and that: such laws and policies should
not be unilaterally imposed on municipalities by the county without the consent of the
governing board of the municipality or a separate vote of the voters in the municipality;
and
WHEREAS, the City Conunission also strongly desires that future Seminole
County charter amendments proposed by the Board of County Commissioners should be
adopted at least ninety (90) days in advance of a general election in the same mamie:r as
charter amendments proposed by citizen initiative and the Senunole County Charter
Review Commission in order to afford the public and municipalities ample time to
publicly participate in the charter amendment process before matters are formally placed
on the ballot for approval; and
WHEREAS, the City Commission of Longwood desires that all the
municipalities in Seminole County support the charter amendments that are being
proposed herein and that the Seminole County Charter Review Commission place the
proposed charter amendments on the November 2006 ballot for approval by the voters of
Seminole County.
WHEREAS, the City Commission of Longwood also finds that this Resolution is
in the best interests of the public health, safety, and welfare of the citizens of Seminole
County.
NOW, THEREFORE, BE IT RESOLVED that the City Cornrnission of
Longwood endorses and supports the Seminole County Charter Review Commission's
adoption of the proposed amendments contained in the City of Winter Springs Resolution
Number 2006-05, attached hereto, and recommends that the Charter Commission forward
these charter amendment proposals to the Seminole Country Commission and place the
proposals before the* voters of Seminole County for adoption by ' referenduiii in the
November 7,. 2006. general elections.
PASSED AND ADOPTED by the City of Longwood, this day of*
a� 2006.
Ha,Wood G. Bundy, Jr.- Iayor
ATTEST:
lw,
Sarah M. Mijares, City Clerk
Resolution No. 06-1138
]Page 3 of 3 _
Approved as to fonn and legality for the use and reliance of the City of Longwood,
.Florida, only.
Richard S. Taylor; Jr., Qt'y Attorney
RESOLUTION NO. 2006-05
A RESOLUTION OF THE CITY COMMISSION OF WINTER
SPRINGS, FLORIDA, PROMOTING GOOD LOCAL
GOVERNMENT BY PROPOSING AMENDA/11ENTS TO THE
SEMINOLE COUNTY HOME RI.'rLE CHARTER WHICH
WOULD REQUIRE THE BOARD OF COUNTY
COMMISSIONERS TO PROPOSE FUTURE SEMINOLE
COUNTY CHARTER AMENDMENTS AT LEAST 9.0 DAYS
PRIOR TO A GENERAL, ELECTION AND PRESERVING
MUNICI.PAL HOME RULE AUTHORITY; PROVIDING
THAT THE PROPOSED CHANGES BE DELIVERED TO THE
SEMINOLE COUNTY CHARTER REVIEW COMMISSION
AND RESPECTFULLY REQUESTING THAT THE
COMMISSION: PLACE THE PROPOSED AMENDMENTS ON
THE BALLOT FOR CONSIDERATION BY THE VOTERS OF
SEMINOLE COUNTY; PROVIDING THAT THE PROPOSED
CHANGES BE * DELIVERED TO EACH MUNICIPALITY
WITHIN - SEMINOLE COUNTY AND RESPECTFULLY
REQUESTING THAT THE MUNICII'ALITIES OFFICIALLY
DECLARE THEIR RESPECTIVE SUPPORT FOR THE
PROPOSED A:M:ENDMENTS; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY,
A1ND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIH, of the State
Constitution, to exercise any power for municipal purposes, except when expressly protubited by
law. and
WHEREAS, the general purpose of this Resolution is to propose amendments to the
Seminole County Home Rule Charter that promote good local goveinment by preserving municipal
home rule and providing adequate time to publicly debate future charter amendments proposed by
the Seminole County Board of County Commissioners before said amendments are formally voted
on by the voters; and
WHEREAS, the City Commission finds that the preservation of municipal home rule gives
effect to the fundamental American democratic principle th at the closer those who make and execute
-laws are to the citizens they represent, the better are tl ose citizens represented and governed in
accordance with democratic ideals; and
WHEREAS, Vision 2020, .Seminole County Corrtprehensive Plan, states that the County
City of Winter Sprin;,s
Resolution 2006- 5
wishes to foster better coordinated land use planning with the Cities in Seminole County and that
Seminole County is striving to enter into Joint Planr..ing Agreements with the cities; and
WHEREAS, Vision 2020 also provides .that one of Seminole County's tasks is to strive
to implei-ient collaborative planning and to jointly plan growth in Seminole County in order to
achieve livable or sustainable communities for generations to come; and
WHEREAS, the City of Winter Springs has adopted an Intergovernmental Coordination
Element in its Comprehensive Plans that provides that Winter Springs will strive to enhance
interlocal government coordination on various issues that may affect them; and
WHEREAS; the City of Winter Springs desires to enhance intergovermnental cooperation
and coordination between the City and Seminole County and other municipalities; and
WHEREAS, the City Commission strongly desires that Seminole County and its
municipalities continuously strive to cooperate and find common ground inestablishing laws and
policies that may have countywide effect and that such laws and policies should not be unilaterally
imposed on municipalities by the county without the consent of the governing. board of the
municipality or a separate vote of the voters in the municipality; and
WHEREAS, the City Commission also strongly desires that future Seminole County charter
amendments proposed by the Board of County Commissioners should be adopted at least ninety (90)
days in advance of a general election in the same manner as charter amendments proposed by citizen
initiative and the Seminole County Charter Review Commission in order to afford the public and
municipalities ample time to publicly participate in the charter amendment process before matters
are formally placed on tine ballot for approval; and
WHEREAS, the City Conrnnnission of Wiinte;r Springs desires that all. the municipalities in
Seminole County support the charter amendments that are being proposed herein and that the
Seminole County Charter. Review Commission plane the proposed charter amendments on the
November 2006 ballot for approval by the voters of Seminole County.
WHEREAS, the City Commission of Winter Springs also finds that this Resolution is in the
best interests of the public health, safety, and welfare of the citizens of Seminole County.
NOW THEREFORE, THE CITY COM OSSION OF THE CITY OF WINTER
SPRINGS HEREBY :RESOLVES, AS FOLLOW',:
Section 1. Recitals_ The foregoing recitals are .hereby .fully incorporated herein by this
reference as legislative findings and the intent and put -pose of the City Commission of the City of
Winter Springs.
City of Winter Springs
Resolution 2006- 5
2
Section 2. Proposed Amendments to the Seminole County Horne
Rule Charter.
The City Conunission of Winter Springs hereby proposes the
following amendments
Article I, Section 1.4 and Article IV, Section 4.2 of the Seminole
County Home Rule Char
(underlined text is an addition to the existing text of the Seminole County
Charter; strif=mt teal
a deletion from the existing text of the Seminole County Charter, while
asterisks (* * *) i.ndicab
deletion from this Resolution of text existing in the Seminole County Charter.
It is intended that t
text in the Seminole County Charter denoted by the asterisks and set forth
in this Resolution sh,
remain unchanged):
(A) ARTICLE I. CREATION, POWEn:S .AND ORDINANCES
OF HOME RUL
CHARTER GOVERNMENT.
Section 1.4. Relation to Municipal Ordinances.
Ex
cept xcept as otherwise providers by this Charter, municipal ordinances
shall prevail over'
County ordinances to the extent of any conflict.
1.
B. No existing or future coim-ly charter provision shall be effective within
or applicable to any
mtunicipality of the county, unless the charter provision is approved by
a majority vote of the
electors within the county in accordance with Section 4.2 of this Charter
and is also approved by
the municipality's governing board or by a majorityyot(, of the electors)
within the mum. ci al
in a binding .referendum called by the munici ali .
C. No existing or future county ordinance or land development regulation
shall be effective
within or applicable to any municipality of the county, unless the ordinance-
or land development
regulation is approved by a majority vote of the
initiative in accordance with section 2.2 (H) of
municipality'sgoverning board or by a majorit
binding referendum called by the municipality.
is charter and .i
n the .municipality in a
to the operation, maintenance, and financing of any con-jty owned public facilities and
improvements located within a municipality and administrative, or judicial functions of County
goveirunent, including but not limited to County budget, debt obligatioLis, and the leyy and
collection of taxes, as well as specific enumerated subteets exclusively reserved to the Count_y's
jurisdiction by state or federal law, shall not require the approval of the iinurdeipality's governing
board. or a majority vote of the electors within the murd6pality in a binding referendums called by
the m-unicipality in order to be effective withili or applicable to a municipality.
City of Winter Spril:igs
Resolution.2006- 5
3
to
:er
is
;a
le
III
E
NOTE: The bold italicize language "Except as otherwise provided by this Charter" is inserted for
reference purposes because it was adopted by the voters o.n November 2, 2004, but declared invalid by Judge
Alley on December 6, 2004 (Case No. 04-CA-2193-16-G), and is subject to an on -going appeal (Case No.
5D05-81).
(B) A:RTICLE IV. HOME RULE CHARTER 'TRANSITION,
AMEND1V> ENTS, REVIEW, SEVERANCE, EFFECTIVE DATE.
�c x
Section 4.2. Home Rule Charter Amendments.
C. Amendments Proposed by the Board of County Commissioners.
(1) No later than 90 days prior to any general election, Aanendments to this Home Rule Charter
may be proposed by ordinance enacted by the Board of County Commissioners by an affirmative
vote of a majority of the membership of the Board of County Commissioners. Each proposed
curiendment shall embrace but one subject. ld matter directly connected therewith. Each
proposed amendment shall only become effective upon approval by a majority of the electors of
Seminole County voting in a referendum at the next general election. The Board of County
Commissioners shall give public notice of such referendumn election as required by general law.
(2) If approved by a majority of those electors voting on. the amendment at the general election,
the amendment shall become effective on the date specified in the amendment, or, if not so
specified, on January 1 of the succeeding year.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby
repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedw-al,'or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Resolution'.
Section 5. Delivery of Resolution. The City Maaa;;er is hereby instructed to deliver a copy
of this Resolution to the Seminole County Charter Review Connnission, Seminole County, and
each municipality of Seminole County.
City of Winter Sprir.Lgs
Resolution 2006)- `>
4
Section 6. Effective .Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs.
ADOPTED by the City Commission of the City of Winter Springs, Florida, this 23"'
day of January, 2006.
J F. Bush, Maya it
ATTEST:
Andre i orenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the it Winter Springs only:
ANTHONY A. GAR.GANESE, City Attorney
City of Winter Springs
Resolution 2006- 5
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