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HomeMy WebLinkAbout2024 07 15 Consent 305 Resolution 2024-13 Process of ServiceCONSENT AGENDA ITEM 305 CITY COMMISSION AGENDA | JULY 15, 2024 REGULAR MEETING TITLE Resolution 2024-13: Process of Service SUMMARY Florida Statutes Section 48.111 governs service on public agencies and officers and details who can accept service. Specificially, F.S. 48.111 provides that: (1) Process against any municipal corporation, agency, board, or commission, department, or subdivision of the state or any county which has a governing board, council, or commission or which is a body corporate shall be served: (a) On the registered agent; or (b) If the municipal corporation, agency, board, or commission, department, or subdivision of the state does not have a registered agent, or if the registered agent cannot otherwise be served after one good faith attempt: 1. On the president, mayor, chair, or other head thereof; and in the absence of all persons listed in this subparagraph; 2. On the vice president, vice mayor, or vice chair; and in the absence of all persons listed in subparagraph 1. and this subparagraph; 3. On any member of the governing board, council, or commission, the manager of the governmental entity, if any, or an in-house attorney for the governmental entity, if any; and in the absence of all the persons listed in subparagraph 1., subparagraph 2., and this subparagraph; 4. On any employee of the governmental entity at the main office of the governmental entity. The Mayor and Commission do not keep normal office hours at the City, therefore this proposed resolution designates the City Clerk and City Manager as the only city employees authorized to accept service on behalf of the City of Winter Springs as they are generally available at City Hall during normal business hours. FUNDING SOURCE RECOMMENDATION Staff recommends the Commission consider and approve Resolution 2024-13. 518 Resolution No. 2024-13 City of Winter Springs Page 1 of 3 RESOLUTION NO. 2024-13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO ACCEPT SERVICE OF PROCESS ON BEHALF OF THE CITY OF WINTER SPRINGS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, as a Florida municipal corporation, the City of Winter Springs is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes except when expressly prohibited by law; and WHEREAS, Florida Statutes Section 48.111 provides that: (1) Process against any municipal corporation, agency, board, or commission, department, or subdivision of the state or any county which has a governing board, council, or commission or which is a body corporate shall be served: (a) On the registered agent; or (b) If the municipal corporation, agency, board, or commission, department, or subdivision of the state does not have a registered agent, or if the registered agent cannot otherwise be served after one good faith attempt: 1. On the president, mayor, chair, or other head thereof; and in the absence of all persons listed in this subparagraph; 2. On the vice president, vice mayor, or vice chair; and in the absence of all persons listed in subparagraph 1. and this subparagraph; 3. On any member of the governing board, council, or commission, the manager of the governmental entity, if any, or an in-house attorney for the governmental entity, if any; and in the absence of all the persons listed in subparagraph 1., subparagraph 2., and this subparagraph; 4. On any employee of the governmental entity at the main office of the governmental entity. ; and WHEREAS, the City of Winter Springs recognizes that it is in the best interests of the City, for convenience and efficiency purposes, for a member of the City’s staff who is normally present at City Hall during normal business hours to accept service of process on behalf of the City of Winter Springs; and 519 Resolution No. 2024-13 City of Winter Springs Page 2 of 3 WHEREAS, the City Manager and the City Clerk are generally available at City Hall during normal business hours; and WHEREAS, the City Commission therefore desires to designate the City Clerk and City Manager as the only City employees authorized to accept service of process on behalf of the City of Winter Springs; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Resolution to be in the best interest of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are hereby fully incorporated herein by this reference as a part of this Resolution. Section 2. Authority to Accept Service of Process. For purposes of Section 48.111, Florida Statues, the Mayor and City Commission hereby authorize the City Manager and the City Clerk of the City of Winter Springs to accept service of process on the City’s behalf. The City Manager and the City Clerk shall be the only employees of the City of Winter Springs able to accept such service of process on behalf of the City. Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission are hereby repealed. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or provision of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, 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. Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, in a regular meeting assembled on the _______ day of _________________________, 2024. ______________________________ Kevin McCann, Mayor 520 Resolution No. 2024-13 City of Winter Springs Page 3 of 3 ATTEST: ___________________________________ Christian Gowan, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ____________________________________ Anthony A. Garganese, City Attorney 521