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RESOLUTION 186
A RESOLUTION OF THE CITY OF WINTER SPRINGS
OPPOSING THE ADOPTION OF THE CURRENT COMPREHEN-
SIVE PLAN OF SEMINOLE COUNTY, FLORIDA.
WHREAS, the City of Winter Springs has reviewed the
currently proposed Comprehensive Plan of the County of Seminole,
and
WHEREAS, the City of Winter Springs has determined that
the definitions of "Urban"; "Urban area", or any usage of the
term "Urban" in the Plan is not consistent with the intent of
Chapter 163, Florida Statutes and is not in compliance with the
law, and
WHEREAS, the City of Winter Springs determined that the
definition of the term "County-wide" or any usage of such term
in conjunction with other matters in the Plan is not consistent
with the intent of Chapter 163 Florida Statutes and is not in
compliance with the law,
NOW THEREFORE be it resolved by the City of Winter
Springs, Florida:
(1) That the City of Winter Springs opposes the adoption
of the Seminole County Comprehensive Plan in its current form,
and in particular the inclusion of the current definitions of
"Urban" and "Countywide" for the following reasons (but not being
limited by the same):
(A) That the term "Urban" or "Urban area" or any
use of the term "Urban" in conjunction with any other
phrase defining "Urban" as including the incorporated
areas of the City of Winter Springs is contrary to
Chapter 163 Florida Statutes (Chapter 75-257 Laws of
Florida) and is in violation of the clear import of the
law. (See F.S. 163.3171 and H.B. 4211 Section 5, 1974).
(B) That the term "County-wide" is defined as
lncluding the incorporated areas of Winter Springs which
is contrary to Chapter 163 Florida Statutes and in viola-
tion of the clear import of the law. (See F.S. 163.3171
and H.B.4211, Section 5, 1974).
(C) That Seminole County can not include in its
Plan, any planning within the incorporated areas of
Seminole County without first entering into an inter-
local agreement with the municipality in question and
the City of Winter Springs has not entered into such
an agreement with Seminole County. (See F.S.163.3171
and H.B. 4211 Section 5, 1974).
(2) That with the objectionable definitions remaining
in the Plan, Seminole County through developing the county-wide
services, through developing county-wide annexation procedures;
and developing countywide urban growth, as'the term "county-wide"
is currently used, is attempting through an indirect manner to
usurp the powers of the City of Winter Springs, which only the
Legislature of the State of Florida has the power to change through
the Constitution of the State in Article VIII Section 2(A) and is
clearly in violation of said Constitutional provision and in
violation of Chapter 73-129 Laws of Florida 1973 commonly known
as the Municipal Home Rule Powers Act and Florida Statutes 163.
(3) That if the County adopts the current Plan as it
exists, the Plan in question will be illegal and null and void
and of no effect, as it might relate to planning within the City
of Winter Springs.
(4) That the City Clerk is directed to forward a copy
of this Resolution to the Regional and State Planning Agencies
and each State Representative and Senator in the Seminole County
District.
PASSED and ADOPTED the 6th day of June, 1977.
Troy J. Piland
MAYOR, CITY OF WINTER SPRINGS,FLA.
Mary T. Norton
CITY CLERK, City of Winter Springs
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