97-R-07
'-'
...."
RESOLUTION NO.
97-R-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, OBJECTING TO SPECIAL
ACT LEGISLATION TO PERMIT THE ABOLISHMENT OF A
MUNICIPAL GOVERNMENT WITHOUT STUDY, CONSENT OR
CONCURRENCE OF THE MUNICIPALITY; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Senator Jack Latvala (R), District 19 has sponsored
SB1852 and Representative Debra Prewitt (D), District 46 has
sponsored HB1295, a Special Act of the Legislature of Florida
advocating the abolition of the City of Port Richey and its
annexation to the City of New Port Richey without a study by the
Florida Department of Community Affairs, either local jurisdiction
or any independent study group or organization; and
WHEREAS, this Special Act legislation calls for the
abolishment of the City of Port Richey, Florida, and further calls
for the City of Port Richey to be annexed into the City of New Port
Richey, Florida through the vehicle of a forced referendum to be
held in both cities, by a special election to be held in September,
1997, and not during the regulation election of both cities to be
held in April of each year; and
WHEREAS, neither the City of New Port Richey nor the City of
Port Richey have requested this action be taken by the Florida
Legislature, and the City of Port Richey has clearly and vigorously
voiced its opposition to the entire forced mandate by the bill
sponsors; and
WHEREAS, the action taken by the bill sponsors is with a
complete disregard for the fundamental principles upon which home
rule was founded and exists pursuant to Florida law, as well as the
constitutional provisions contained in all municipal charters for
the electorate to bring a question of this magnitude to a
referendum as the community deems proper and necessary; and
.....
...."
WHEREAS, the City Council of the City of Edgewater, Florida,
is deeply concerned about the impact similar legislation could have
for any city in the state.
NOW THEREFORE, BE IT RESOLVED that the City Council of the
City of Edgewater, Florida, formally voices its concern regarding
this matter of great importance to our local legislative delegation
members and to the sponsors of the unprecedented action, Senator
Jack Latvala and Representative Debra Prewitt, and requests that an
immediate response be forthcoming from the sponsors setting forth
with particularity the reasons and necessity for such legislation
affecting the ability of the two cities to determine their own
destiny at the local level without intrusion by the Legislature.
BE IT FURTHER RESOLVED by the City Council of the City of
Edgewater, Florida, that the Chairperson of the Florida
Constitutional Revision Commission be advised of the concerns of
this Council regarding the power of the Florida Legislature to
burden any city of the state with the need to protect itself from
future unilateral legislative action without provocation or
justification, and to amend the Florida Constitution to provide for
necessary checks and balances, study by appropriate state agencies,
and a referendum by the people affected before any municipality of
the State of Florida may be abolished, merged or otherwise
consolidated with another local government.
Section 1. All resolutions or parts of resolution ~n conflict
herewith be and the same are hereby repealed.
Section 2. This resolution shall take effect upon adoption.
97-R-07
2
After Motion by Councilman Mitchum and Second by Councilman Hays,
the vote on this resolution is as follows:
Mayor Jack Hayman, Sr. AYE
Councilman Danny Hatfield AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 7th day of April, 1997.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: r J q
'Jack H. H ian, St.
may
APPROVED FOR FORK
AND CORRECTNESS:
Rri to A. Storey
City Attorney
97-R-07 3