HomeMy WebLinkAboutResolution 2022-30 Debris Removal Within Gated Communities (Declaration of "Paramount Public Purpose") RESOLUTION NO. 2022-30
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 WITHIN
GATED COMMUNITIES AS PROVIDED IN THIS
RESOLUTION; PROVIDING FOR SEVERABILITY,
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,AND
AN EFFECTIVE DATE.
WHEREAS, pursuant to Article VII, 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 or about September 29, 2022, the City of Winter Springs suffered
extensive damage as a result of Hurricane Ian, 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 effectively 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 Ian 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 flooding or hurricane
damage are routinely upheld as supporting a public interest in the general welfare of the
community; see 63C Am. Jur. 2d Public Funds § 44; 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
Resolution No. 2022-30
City of Winter Springs,Florida
Page 1 of 3
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
City 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 Ian. 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 Ian.
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.
Resolution No. 2022-30
City of Winter Springs,Florida
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RESOLVED, by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the I Oth day of October, 2022.
KEVIN McCANN, Mayor
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ATTEST:
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CHRISTIAN GOWAN, City ClerkCJ
Approved as to legal form and sufficiency for
the C' o Winter Springs only:
0000
ANTHONY A. GARGANESE, City Attorney
Resolution No. 2022-30
City of Winter Springs,Florida
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