HomeMy WebLinkAboutResolution 2024-30 Declaration of "Paramount Public Purpose" Expenditure of City Funds Required to Perform Disaster ReliefRESOLUTION NO. 2024-30
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 October 9 and 10, 2024, the City of Winter Springs suffered
significant damage as a result of Hurricane Milton 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 communes, all other landowners within the City are provided with these same benefits
under the City's Hurricane Milton 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
Resolution No. 2024-30
City of Winter Springs, Florida
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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
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 Milton.
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 Milton,
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.
[Signature Page Follows]
Resolution No. 2024-30
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 14th day of October, 2024,
KEVIN McCANN, Mayor
ATTEST:
CHRISTIAN GOWAN, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
491:�:
ANTHONY A. GARGANESE, City Attorney
Resolution No. 2024-30
City of Winter Springs, Florida
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