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17-1425 Designating Locations for City Awards, Donated Displays, Works of Art, Memorials, and Monuments within Commission Chambes and City Hall LobbyRESOLUTION NO. 17-1425 A RESOLUTION OF THE CITY OF LONGWOOD, FLORIDA, DESIGNATING PERMANENT AND TEMPORARY LOCATIONS AS SPACE ALLOWS FOR CITY AWARDS, PRIVATELY DONATED DISPLAYS, WORKS OF ART, MEMORIALS, AND MONUMENTS WITHIN THE CITY COMMISSION CHAMBERS AND THE PUBLIC LOBBY OF CITY HALL; PROVIDING THE CITY COMMISSION WITH COMPLETE EDITORIAL DISCRETION AND CONTROL, INCLUDING FINAL APPROVAL AUTHORITY, OVER THE SELECTION, DISPLAY, VIEWPOINT, AND CONTENT OF VARIOUS CITY AWARDS AND PRIVATELY DONATED DISPLAYS, MEMORIALS, AND MONUMENTS CONSTITUTING GOVERNMENT SPEECH; PROVIDING POLICIES AND GUIDELINES REGARDING SAME; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Longwood, Florida (the "City Commission") has previously accepted and desires to continue to receive various awards and privately donated displays, works of art, framed photographs, plaques, memorials, and cherished monuments (collectively "Monuments") in recognition of the history and tradition of the City and of this country, to commemorate City, county, state and national events, to recognize local artists and their works, and to celebrate the good civics of its citizens and the diversity and inclusionary goals of the City of Longwood ("City"); and WHEREAS, the City Commission recognizes that various areas within City Hall, including the City Commission Chambers, have a long history of displaying and housing temporary and permanent Monuments donated or awarded to the City that have conveyed various messages of remembrance, tribute, and respect which, through the City's selection, inclusion, and display upon City property, bear the imprimatur of the City; and WHEREAS, the City Commission recognizes that the City has previously received Monuments reflecting a diversity of viewpoints and messages, beliefs, and ideals axiomatic of the freedoms of thought and expression inherent in our country's history that reflect our diverse cultural heritage and backgrounds, which the City has and continues to exercise complete discretion in their acceptance, maintenance, and continued display; and WHEREAS, the City Commission recognizes that the Monuments it accepts may not necessarily and oftentimes do not convey the particular expressions that the donor, creator, artist, or any person or entity associated therewith may have originally or primarily intended because artwork, literature, and other forms of communication, including Monuments, may communicate to audiences differently depending on the time, circumstances, and the audience's own experience and interpretation; and Resolution No. 17-1425 Page 1 of 4 WHEREAS, the City Commission understands and regrets that the City cannot conceivably house or accept all Monuments offered to it from a pragmatic standpoint, and the City Commission does not desire to refuse all such donated Monuments as the City has limited financial and public space resources; and WHEREAS, the City Commission recognizes that for the preservation and protection of certain Monuments, outdoor displays are not financially or practically feasible; and WHEREAS, the City Commission recognizes that the City has limited indoor building areas for the display of Monuments, especially in locations in which the public would have access on occasion to view such Monuments; and WHEREAS, the City Commission recognizes that, in accordance with the government speech doctrine, a governmental entity has the right to speak for itself, is entitled to say what it wishes, and otherwise is allowed to communicate and select the views that it desires to express. See, e.g., Pleasant Grove City v. Summum, 555 U.S. 460, 468 (2008); Walker v. Texas Div., Sons of Confederate Veterans, Inc., 135 S. Ct. 2239 (2015); Mech v. School Bd. of Palm Beach County, 806 F.3d 1070 (llth Cir. 2015); and WHEREAS, the City Commission recognizes that many of the Monuments it currently displays and may display in the future were not designed or built by the City and were donated in completed form by private entities, and the City Commission desires a suitable location be chosen upon which such Monuments may be included, housed, and displayed; and WHEREAS, the City Commission desires that such Monuments speak on the City's behalf and only be interpreted as a call for remembrance of sacrifices made, to memorialize important City and historical events, for celebration of the guarantees of freedom, for reflection and meditation regarding our history and traditions, and to otherwise further the public health, safety, and welfare of the citizens of the City; and WHEREAS, the City Commission recognizes, encourages, and understands that the citizens of the City may freely resort to redress through the political process to the extent the citizens disagree with the particular Monument communications, ideas, and displays selected by the City Commission in accordance with this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA AS FOLLOWS: SECTION I. INTENT. The above recitals are hereby adopted, restated, and incorporated herein by reference as the legislative purposes of this Resolution and as the City Commission's legislative findings. Further, the City Commission desires that this Resolution be interpreted and applied, to the fullest extent possible, as a constitutional exercise of the City's home rule authority and be accorded the broadest application possible under existing federal and Florida law. Additionally, the City's utilization of certain designated areas within City Hall to display Monuments shall not be construed as nor shall it bear any indicia of the City's intention to create or open additional public forums for the exercise of expressive activities. Moreover, the City and the City Commission do not intend and no Monument should be construed as proselytizing Resolution No. 17-1425 Page 2 of 4 or advancing any faith or belief, as indicia of any purposeful preference of religious view to the exclusion of others, as any indication to a future or present preference based upon the identity of any donor, creator, or author of any Monument, or as an improper or unlawful governmental mandate, regarding matters of purely personal concern. Instead, display of Monuments within such designated area(s) is intended: to recognize certain messages and remembrances that are consistent with the history and tradition of the City and of our county, state, and country; to memorialize City events and accolades; to recognize local artists and their works; to recognize good civics of our citizens; to always remember and reflect upon, the sacrifices made by previous and present generations as we all strive to an improved future; to further the objectives set forth in the recitals herein; and any combination thereof. SECTION II. City of Longwood City Hall Monuments Policy. Generally. Upon reasonable notice of any offer or communication regarding a donation of or to provide the City with a Monument desired by the donor to be placed in the area(s) permitted under this Resolution, the City Commission may within a reasonable time exercise its discretion by a majority vote as to whether the City shall allow the Monument to be so displayed. Alternatively, the City Manager or his or her designee, may from time to time, exercise his or her discretion as to whether the City shall allow the Monument to be so displayed. Such discretion shall be measured and limited as to whether or not the Monument represents and is consistent with the history and traditions of the City, is consistent with the legislative purposes and legislative findings set forth herein, and otherwise benefits and is consistent with the public health, safety, and welfare of the citizens of the City. At all times, the City shall have and maintain direct and complete control over the content, color, size, shape, physical attributes, message, and any other communicative matters relating to the Monument, which the donor may accommodate at his, her, or its own expense, or the City may, at its complete discretion, make such modifications itself consistent with the provisions set forth herein. Notwithstanding the preceding, if the City Manager or his or her designee exercises his or her discretion under this part as to display or location, then his or her decision on whether to allow orxnaintain the display of such Monument shall be subject to modification and/or overruling, in whole -or if part,.by`the City Commission by majority vote at any time. - Location(s). The specific locations or areas within which Monuments shalj be displayed pursuant to this Resolution shall consist of the main lobby of City Hall (the entrance of which faces Warren Avenue), the north and south walls of the City Commission Chambers of City Hall (but excluding the walls behind and adjacent to the dais), and the back (east) wall (or proximate thereto) nearest the public entrance of the City Commission Chambers -of City Hall;, as space allows. Exact locations of any particular Monument within such designated -areas- "shall be determined by the City Manager or his or her designee. Removal of Monuments. Monuments currently existing on the approved locations set forth in this Resolution and any future Monuments voted to be displayed at such locations may be removed by an affirmative vote by a majority of the City Commission. Submission of Requests for Display. Any person or entity desiring City consideration of a Monument within the locations set forth in this Resolution shall provide a written request to the Resolution No. 17-1425 Page 3 of 4 City Manager or his or her designee. Such written request must contain a description, photograph, drawing, and/or plans relating to the proposed or completed Monument. Additionally, the City encourages that the requestor also provide a brief description of how such Monument is consistent with the legislative intent of this Resolution, serves as a memorial to City or national historical events, and otherwise advances the public health, safety, and welfare of the citizens of the City. Through submission of such request, the donor or creator accepts that the City is under no obligation to accept or display such Monument and understands that the City Commission may order changes or alterations to any proposed submission. SECTION III. CONFLICTS. If any Resolutions or parts thereof are in conflict herewith, this Resolution shall control to the extent of the conflict. SECTION IV. SEVERABILITY. If any section, subsection, sentence, clause, phrase, provision, or word of this Resolution is held to be invalid or unconstitutional by a court of competent jurisdiction, then such invalidity or unconstitutionality -shall not be held to invalidate or impair the validity, force, or effect of any other remaining provisions of this Resolution. SECTION V. EFFECTIVE DATE. This Resolution shall take effect upon adoption. PASSED AND ADOPTED THIS 3RD DAY OF APRIL, 2017. City Commission City of Longwood, Florida 46f 'urso,7Mayor ATT S Mi elle C C, i Clerk Approved as to form and legality for the use and reliance of the City of Longwood, Florida only. Daniel W. L , CKAA4rney Resolution No. 17-1425 Page 4 of 4