HomeMy WebLinkAboutResolution 2024-13 Authorizing the City Manager and City Clerk to Accept Service of Process on Behalf of the CityRESOLUTION N0.2024-13
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
oI 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
Resolution No. 2024-13
City of Winter Springs
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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
A 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 Statutes, 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 b the City Commission of the City of Winter Springs, in a regular meeting
assembled on the day of , 2024.
KeVIIIIann, Mayor
Resolution No. 2024-XX
City of Winter Springs
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ATTEST:
Christian Gowan, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
Resolution No. 2024-13
City of Winter Springs
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