Loading...
HomeMy WebLinkAbout2009 11 23 Consent 204 Resolution 2009-58 Bingo Games COMMISSION AGENDA CONSENT XX ITEM 204 INFORMATIONAL PUBLIC HEARING REGULAR November 23, 2009 GR TT. DEPT Meeting Authorization REQUEST: The City Attorney requests the Commission approve Resolution 2009 -58 authorizing 400 North Edgemon Avenue, Winter Springs, as a designated location for conducting bingo games pursuant to section 849.0931, Florida Statutes. PURPOSE: The purpose of this Agenda Item is to approve Resolution 2009 -58 authorizing 400 North Edgemon Avenue, Winter Springs, Florida to be used for bingo games, as required by Florida Statutes. CONSIDERATIONS: On November 9, 2009, the City Commission approved the Municipal Services Agreement between the City and the Winter Springs Senior Center, Inc. for senior services, including bingo to be provided at the Winter Springs Senior Center. Section 849.0931 (11) (d), Florida Statutes provides a municipality may authorize the use of municipal facilities to be used for bingo by resolution or ordinance. FUNDING: N/A ATTACHMENTS: Resolution 2009 -58 RECOMMENDATION: The City Attorney recommends that the Commission approve Resolution 2009 -58, which designates 400 North Edgemon Avenue, Winter Springs, Florida as an authorized municipal facility for conducting bingo games. COMMISSION ACTION: On November 9, 2009, the City Commission approved the Municipal Services Agreement between the City and the Winter Springs Senior Center, Inc. RESOLUTION NO. 2009-58 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AUTHORIZING BINGO TO BE CONDUCTED AT THE WINTER SPRINGS SENIOR CENTER LOCATED AT 400 NORTH EDGEMON AVENUE, WINTER SPRINGS, FLORIDA 32708, PURSUANT TO SECTION 849.0931 (11)(d), FLORIDA STATUTES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 849.0931 (11)(d), Florida Statutes authorizes BINGO games be held municipally owned facilities; and WHEREAS, the City wishes to allow such games to be conducted in accordance with the statute at the Winter Springs Senior Center located at 400 North Edgemon Avenue, Winter Springs, Florida 32708; and WHEREAS, City Commission deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Authorized Location. The City Commission hereby authorizes 400 North Edgemon Avenue, Winter Springs, Florida, 32708 to be used for BINGO games in accordance with section 849.0931, Florida Statutes, and other applicable law. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, 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. City of Winter Springs Resolution No. 2009 -58 Page 1 of 2 Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 23rd day of November, 2009. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2009 -58 Page 2 of 2 RESOLUTION NO. 2009-58 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AUTHORIZING BINGO TO BE CONDUCTED AT THE WINTER SPRINGS SENIOR CENTER LOCATED AT 400 NORTH EDGEMON AVENUE, WINTER SPRINGS, FLORIDA 32708, PURSUANT TO SECTION 849.0931 (11)(d), FLORIDA STATUTES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 849.0931 (11)(d), Florida Statutes authorizes BINGO games be held municipally owned facilities; and WHEREAS, the City wishes to allow such games to be conducted in accordance with the statute at the Winter Springs Senior Center located at 400 North Edgemon Avenue, Winter Springs, Florida 32708; and WHEREAS, City Commission deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Authorized Location. The City Commission hereby authorizes 400 North Edgemon Avenue, Winter Springs, Florida, 32708 to be used for BINGO games in accordance with section 849.0931, Florida Statutes, and other applicable law. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, 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. City of Winter Springs Resolution No. 2009 -58 Page 1 of 2 Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 23rd day of November, 2009. 7 4w- R JOHN F. PUSH, Mayor ATTETr ORENZO- LUACES, City Clerk Approved as to legal form and sufficiency for the City of Wi . - r Springs only: A HONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2009 -58 Page 2 of 2