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Date: 101104
The following Document was discussed and
approved on 10/11/04 during Attorney
Garganese's "Report"
?
RESOLUTION NO. 2004-49
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS FLORIDA, DECLARING THAT SEMINOLE
COUNTY ORDINANCE NO. 2004-36 WILL COMPROMISE
SIGNIFICANT RIGHTS OF THE CITY; STATING THE CITY'S
INTENTION TO INITIATE CONFLICT RESOLUTION
PROCEDURES PURSUANT TO CHAPTER 164, FLORIDA
STATUTES; PROVIDING, HOWEVER, DUE TO THE EMERGENCY
NATURE OF THE CONFLICT, THE GOVERNMENTAL DISPUTE
PROCEEDINGS UNDER CHAPTER 164, FLORIDA STATUTES,
AND ANY DISPUTE RESOLUTION AGREEMENT, SHALL NOT BE
REQUIRED BEFORE INSTITUTING A COURT PROCEEDING
CHALLENGING SEMINOLE COUNTY ORDINANCE NO. 2004-36;
PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE.
WHEREAS, Section 164.1041 (2), Florida Statutes, provides that a governmental entity, by
three/fourths vote of its governing body can determine that the dispute proceedings under Chapter
164, Florida Statutes, are not required if significant legal rights will be compromised; and
WHEREAS, prior to the Seminole County Commission adopting Ordinance No, 2004-36,
the City attempted to reach an amicable resolution with the County regarding the County's apparent
concern over the "Rural Area" as defined in said ordinance; and
WHEREAS, despite the City's good faith effort to resolve this apparent dispute, the County
moved forward with the adoption of Ordinance No. 2004-36 and has placed a proposed charter
amendment before the voters of Seminole County on November 2, 2004; and
WHEREAS, as a result of the County's actions, the City was afforded very little time to
protect its rights under Florida law; and
WHEREAS, the City Commission ofthe City of Winter Springs, Florida hereby finds that
Ordinance No. 2004-36 significantly compromises the City's legal rights under Article Vill, Sections
2 and 4 of the Florida Constitution, the Municipal Home Rule Powers Act, and Chapter 163, Florida
Statutes and the County has left the City with no other reasonable alternative but to immediately file
an action in circuit court to protect those rights; and
WHEREAS, the City Commission also finds that the City Commission previously took
every reasonable step possible to resolve this matter prior to initiating legal proceedings against the
County, but the Board of County Commissioners proceeded with the adoption of Ordinance No.
2004-36 over the objection ofthe City and virtually all other Seminole County municipalities; and
City of Winter Springs
Resolution 2004-49
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WHEREAS, the City Commission ofthe City of Winter Springs 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 RESOL YED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and
are hereby fully incorporated by this reference.
Section 2. Declaration. The City Commission of the City of Winter Springs, Florida hereby
finds that Seminole County Ordinance No. 2004-36 significantly compromises the City's legal rights
under Article Yill, Sections 2 and 4 ofthe Florida Constitution, the Municipal Home Rule Powers
Act, Chapter 163, Florida Statutes, and the Seminole County Charter. The County has left the City
with no other reasonable alternative but to immediately file an action in circuit court to protect and
preserve those rights.
Section 3. Conflict Procedure. The City hereby initiates the conflict resolution procedures
provided by Chapter 164, Florida Statutes, concerning issues involving Seminole County Ordinance
No. 2004-36. The County seeks to interfere with rights granted the City under Florida law.
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. 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 6. 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 11 th day of October, 2004.
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ATTEST:
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ANDREA LORENZO-LUACES, City Clerk
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Approved as to legal form and sufficiency for
the Ci of inter Springs only:
A. GARGANESE, City Attorney
City of Winter Springs
Resolution 2004-49
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