HomeMy WebLinkAbout2008 01 14 Consent 212 Resolution 2008-05 Publication Re: January 29, 2008 Constitutional Amendment No. 1City of Winter Springs
Regular Meeting January 14, 2008
011408_COMM_Consent_212_January_29,2008_Constitutional_Amendment Resolution
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COMMISSION AGENDA
ITEM 212
January 14, 2008
Regular Meeting
MGR. y" " /DEPT.
Authorization
REQUEST: City Manager Requesting the City Commission to adopt Resolution Number
2008-05 finding a public purpose for publication of public information regarding the
January 29, 2008 Constitutional Amendment No. 1.
PURPOSE: This agenda item is needed for the Commission to formally make a finding of
public purpose for the expenditure of funds to publish information regarding the Constitutional
Amendment No. 1 referendum.
CONSIDERATIONS:
Related to the recommendation of the 21 Member ADHOC Winter Springs Citizen Property Tax
Reform Mitigation Study Committee the Commission has provided previous direction to staff to
produce an information package for dissemination to the residents of Winter Springs.
The package contains two pieces.
1. A factual report in which the City does not advocate a position as recommended by the
Study Committee.
2. The Mayor's commentary explaining why he opposes the Constitutional Amendment.
The contents of the publications matter has been reviewed by the City Attorney for general
consistency with applicable law.
Technically, the Commission needs to pass a resolution memorializing its previous directive.
FUNDING: No additional funding is needed at this time.
RECOMMENDATION:
It is recommended that the Commission adopt Resolution No. 2008-OS making a finding of public
purpose for the expenditure of funds to produce a public information mailer to the residents of
Winter Springs.
ATTACHMENTS:
a. Resolution. No. 2008-OS
b. Public Information Mailer (to be provided)
Consent X
Informational
Public Hearin
Re ular
COMMISSION ACTION:
RESOLUTION N0.2008-OS
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS FLORIDA, FINDING A PUBLIC PURPOSE
FOR THE PRODUCTION AND DISSEMINATION OF
EDUCATIONAL INFORMATION REGARDING THE PROPOSED
JANUARY 29, 2008 AMENDMENT TO THE FLORIDA
CONSTITUTION; PROVIDING
OF PRIOR INCONSISTENT
EFFECTIVE DATE.
FOR SEVERABILITY, REPEAL
RESOLUTIONS, AND AN
WHEREAS, the voters of Florida will be provided an opportunity to approve or reject
certain changes to the manner in which property taxes are assessed and collected in Florida
through proposed Constitutional Amendment 1 scheduled for referendum on January 29, 2008,
and
WHEREAS, the provisions of the proposed Constitutional Amendment could have short,
intermediate and long term negative impacts on the ability of Florida's schools and local
governments to provide services consistent with the public's desire and consistent with the
quality of life desired by the residents of Florida, and
WHEREAS, the City Commission finds that it is imperative for the voters to understand
the provisions and potential impacts related to the adoption of the Constitutional Amendment
prior to casting their votes, and
WHEREAS, the City Commission believes and the Florida courts have confirmed that it
is a duty of local democratic government to assist its citizens in understanding issues of great
importance to them by providing information in order that they may make an informed choice,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Expenditure of Funds. The Commission finds that the expenditure of public
funds to produce and disseminate educational information regarding the provisions and potential
impacts of the proposed Constitutional Amendment 1 scheduled for referendum on January 29,
2008 to constitute a lawful and necessary purpose.
Section 2. 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 3. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
Section 4. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2008.
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
RESOLUTION NO. 2008-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS FLORIDA, FINDING A PUBLIC PURPOSE
FOR THE PRODUCTION AND DISSEMINATION OF
EDUCATIONAL INFORMATION REGARDING THE PROPOSED
JANUARY 29, 2008 AMENDMENT TO THE FLORIDA
CONSTITUTION; PROVIDING FOR SEVERABILITY, REPEAL
OF PRIOR INCONSISTENT RESOLUTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, the voters of Florida will be provided an opportunity to approve or reject
certain changes to the manner in which property taxes are assessed and collected in Florida
through proposed Constitutional Amendment I scheduled for referendum on January 29, 2008,
and
WHEREAS, the provisions of the proposed Constitutional Amendment could have short,
intermediate and long term negative impacts on the ability of Florida's schools and local
governments to provide services consistent with the public's desire and consistent with the
quality of life desired by the residents of Florida, and
WHEREAS, the City Commission finds that it is imperative for the voters to understand
the provisions and potential impacts related to the adoption of the Constitutional Amendment
prior to casting their votes, and
WHEREAS, the City Commission believes and the Florida courts have confirmed that it
is a duty of local democratic government to assist its citizens in understanding issues of great
importance to them by providing information in order that they may make an informed choice,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Expenditure of Funds. The Commission finds that the expenditure of public
funds to produce and disseminate educational information regarding the provisions and potential
impacts of the proposed Constitutional Amendment 1 scheduled for referendum on January 29,
2008 to constitute a lawful and necessary public purpose.
Section 2. 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 3. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
Section 4. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 14th day of January 2008.
ATTEST:
,
A LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the Ci inter Springs only:
ANTHONY A. GARGANESE, City Attorney
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