HomeMy WebLinkAbout2004 08 23 Regular 511
082304_COMM_ADD_On_ReL511_Stonn_Issues
COMMISSION AGENDA
ADD-ON
ITEM 511
Consent
Informational
Public Hearing
Regular X
August 23.2004
Regular Meeting
r2N\
Mgr. / Dept.
Authorization
REQUEST: City Manager requesting the Commission to give direction regarding four
storm related issues.
PURPOSE:
This agenda item is needed for the Commission to give staff direction regarding four storm
related issues.
CONSIDERATIONS:
1. Arbor License Issue
2. Sewer Damage
3. Gated Communities
4. Debris Removal
FUNDING: To be discussed.
RECOMMENDATION:
It is recommended that the Commission provide direction on the storm related issues listed
above,
ATTACHMENTS: N/A
COMMISSION ACTION:
'\
Date: 082304
The following Document (Resolution 2004-38)
was approved on 08/23/04 during Regular "511 "
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RESOLutION NO. 2004-38
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA; PROVIDING A DECLARATION OF
"PARAMOUNT PUBLIC PURPOSE;" PROVIDING A STATEMENT
OF AUTHORITY FOR THE EXPENDITURE OF CITY FUNDS
REQUIRED TO PERFORM DISASTER RELIEF SERVICES WITIDN
GATED COMMUNITIES AS PROVIDED IN THIS RESOLUTION;
PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Article Vill, Section 2(b) of the Florida Constitution, municipalities
have governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipal functions, and render municipal services, and may exercise any
power for municipal purposes except as otherwise provided by law ("Municipal Home Rule
Authority"); and
WHEREAS, on August 13, 2004, the City of Winter Springs suffered extensive damage as
a result of Hurricane Charley, specifically, widespread residential and commercial property damage
caused by vegetative and other tree debris; and
WHEREAS, the City of Winter Springs has utility easements along private roadways and
sidewalks within gated communities, and requires access to such private roadways and sidewalks
for the maintenance and repair of public utilities, as well as for emergency access management; and
WHEREAS, a significant amount of vegetative and other tree debris still remains and must
be removed in order to ensure such proper access; and
WHEREAS, the City of Winter Springs desires to timely and efficiently remove such
vegetative and other tree debris throughout the entire City in a uniform manner; and
WHEREAS, while certain incidental private benefits will also result to landowners within
the gated communities, all other landowners within the City are provided these same benefits under
the City's Hurricane Charley Disaster Relief Program, and are afforded an equal right to the benefit
of the clearing of roadways and sidewalks; and
WHEREAS, provisions providing disaster relief for widespread hurricane damage are
routinely upheld as supporting a public interest in the general welfare of the community; see 63C
Am. Jur. 2d Public Funds 9 62; and
WHEREAS, the City Commission of the City of Winter Springs deems the municipal
services being provided by this resolution serve a paramount public purpose, and are in the best
City of Winter Springs
Resolution 2004-38
Page lof3
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interests of the public health, safety, welfare, convenience, and morals of the citizens of Winter
Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Statement of Authority. The foregoing recitals are fully incorporated herein in
their entirety and are cited as authority for purposes of adopting this resolution and for performing
disaster relief services within gated communities as provided in this resolution. This statement of
authority shall not be construed as exclusive and any other applicable and relevant case law, City
Charter, and statutory and constitutional authority shall be deemed fully incorporated herein by this
reference.
Section 2. City Commission Declaration of Paramount Public Purpose. The C i t Y
Commission finds and declares that the municipal services being provided for herein constitute a
paramount public purpose and are vital to the City's clean-up efforts following Hurricane Charley.
Additionally, implementation of such services is required to improve the health, safety, welfare,
convenience, and morals of the City of Winter Springs.
Section 3. City Commission Authorization for Disaster Relief Services Within Gated
Communities. The City Commission hereby authorizes the expenditure of City funds for the
removal of vegetative and tree debris along private roadways and sidewalks within gated
communities which was caused by Hurricane Charley.
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 ofthe 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 23rd day of August ,2004.
7:'~
City of Winter Springs
Resolution 2004-38
Page 2 of3
Ayptoved as to legal form and sufficiency for
/(he Ci of inter Springs only:
A. GARGANESE, City Attorney
City of Winter Springs
Resolution 2004-38
Page 3 of3