R-97-947•
LJ
CITY OF CLERMONT
RESOLUTION
No. 947
U
A RESOLUTION OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA OBJECTING TO
SPECIAL ACT LEGISLATION TO PERMIT THE
ABOLISHMENT OF A MUNICIPAL GOVERNMENT
WITHOUT STUDY, CONSENT OR CONCURRENCE
OF THE MUNICIPALITY.
WHEREAS, Senator Jack Latvala (R), District 19 has sponsored SB 1852 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 Ciry 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 Ciry of
Port Richey, Florida, and further calls for the Ciry o 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 regular election of both cities to be held in April of each year; and
WHEREAS, neither the Ciry of New Port Richey nor the City of Port Richey
have requested this action be taken by the Florida Legislature, and the Ciry 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 Ciry of Clermont is deeply concerned about the impact similar
. legislation could have for any city in the State.
• •
CITY OF CLERMONT
RESOLUTION
No. 947
Page 2
NOW, THEREFORE, BE IT RESOLVED, that the Ciry of Clermont
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 Ciry of Clermont that the Chairperson
of the Florida Constitutional Revision Commission be advised of the concerns of this
municipality 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 the 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.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA THIS `~ ~l, DAY OF APRIL, 1997.
Robert A. Pool, Mayor
ATTEST:
oseph E. Van ile, Ciry Clerk
CITY OF PORT RICHEY
8624 PORT RICHEY VII.LAGE LOOP
• PORT RICHEY, FLORIDA 34668
TELEPHONE (813) 845-7800
March 25, 1997
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Dear Local League Members
Re: Special Act Legislation effecting all cities
Attached please find a copy of a resolution concerning an issue that we believe is of grave
importance to all cities thoughout the State of Florida. We would sincerely appreciate
your league's support by adoption of the attached draft resolution which indicates the
forced legislation taking place by two of our legislators without cause or justification.
This legislative action may be precedent setting and could have an impact on all cities.
Please forward a copy to the attention of Michael Sittig, Director, Florida League of
Cities, P.O. Box 1757, Tallahassee, FL 32302 and more importantly to the individual
members of your local legislative delegation along with a copy to Senator Jack Latvala
' and Re resentative Debra Prewitt at the following addresses:
~`1 Senator Jack Latvala Representative Debra A. Prewitt
,~~\~\
302 Senate Office Building 1402 House Office Building
Tallahassee, FL 32399-1699 Tallahassee, FL 32399-1300
(Fax) (813) 298-1699 (Fax) (813) 841-4179
Please return a copy to the City of Port Richey, Attn: City Clerk, at 8624 Port Richey
Village Loop, Port Richey, FL 34668
Thank you for your concern and support in this most important matter.
ames M. C r, Mayor
"FOR SUNSHINE
a
r:
RESO . TION
A RESOLUTION BY THE
OBJECTING TO SPECIAL ACT LEGISLATION TO PERMIT THE ABOLISHMENT
OF A MUNICIPAL GOVERNMENT WITHOUT STUDY, CONSENT
OR CONCURRENCE OF THE MUNICIPALITY
WHEREAS, Senator Jack Latvala (R), District 19 has sponsored SB1852 and
Representative Debra Prewitt (D), District 46 has sponsored HB 1295, 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 regular 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 it's 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 is deeply concerned about the impact
similar legislation could have for any city in the state.
NOW, THEREFORE, BE IT RESOLVED, that the
formally voices it's 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 that the
Chairperson of the Florida Constitutional Revision Commission be advised of the concerns of this
° 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
Senate Bills - sb1852 http://www.scri.fsu.edu/...-recent-bill/s/1997/1852
}+ represents underlined; words underlined are additions
-{ }-represents stricken; ~~~ords stricken are deletions
Senafc Bill sb1852
Correspondim* Bill Information ~ ..
Bill as Printed
19-253A-97 SB 1852
A bill to be entitled
Psi act relating to the Cities of Fort Richey Section 3, This act, except for this section, which
and New Port Richey, Pasco County; abolishing shall take effect July 1, 1997, shall take effect January 1,
the City of Port Richey; annexing the lands 1998. but only if sections 1 and 2 of this act are approved by
comprising that city into the City of New Port a majority vote of those electors rrho reside in the City of
Richey and providing for the City of New Port New Port Richey who vote in a referendum to be held on
~chey to assume the assets and liabilities of September 9, 1997, and by a majority vote of those electors
the City of Port Richey; providing for a who reside ih the City of Port Richey who vote in a referendum
referendum; providing effective dates. to be held on September 9, 1997. The referendum shall'be
conducted by_the Supervisor.of Elections of Pasco County____..,
Be It Enacted by the Legislature of the State of Florida: throughout the territory comprising both cities and paid for
by the City of New Port Richey. The following statement shall
Section 1. The City of Port Richey, created by chapter be placed on the ballot:
11034, Laws of Florida, 1925, as amended by chapter 21505,
Laws of Florida, 1941, and by chapters 61-2716, 61-2717, Shall the City of Port Richey be incorporated into the
61-2718, 61-2719, 67-1954, and 67-1955, Laws of Florida, is City of New Port Richey, and the assets and liabilities of the ---
abolished, and the lands comprising the City of Port Richey City of Port Richey be assumed by the City of.New Port Richey
are annexed into the City of New Port Richey. effective January 1, 1998?
Section 2. The City of New Port Richey shall assume.
all assets and liabilities of the City of Port Richey. YES
NO
3 03/12/97 10:40:08
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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.
PASSED AND ADOPTED this day of , 1997.
Attest:
City Clerk Mayor