HomeMy WebLinkAbout2004 11 08 Consent 209
COMMISSION AGENDA
ITEM 209
Consent x
Informational
Public Hearing
Regular
November 8. 2004
Meeting
~
Mgr. I Att, I
Dept.
REQUEST:
The City Attorney requests that the Commission adopt Resolution 2004-55, establishing an
Economic Development Division under the office of the City Manager.
PURPOSE:
Establishment of a municipal economic development division furthers the City's goals of
promoting economic and commercial growth, especially in the Town Center. Once the Economic.
Development Division is established, developers seeking to locate, relocate or expand their
businesses within the City may request, in writing, that any certain information concerning plans,
intentions, or interests of the developers remain confidential and exempt from disclosure for 24
months. The City may extend the period of confidentiality for up to an additional 12 months upon
written request from a developer. .
APPLICABLE LAW AND PUBLIC POLICY:
Florida Municipal Home Rule Powers Act, Chapter 166, Florida Statutes.
Chapter 288, Florida Statutes, Commercial Development and Capital Improvements, section
288.075, Confidentiality of Records.
CONSIDERATIONS:
1. If the records of prospective developers were unable to be kept confidential, such information
would be considered public record subject to disclosure and public inspection under Chapter 119,
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Florida Statutes.
2. Developers and investors are reluctant to share proprietary and financial records with the
City without having confidentiality and safeguards in place for obvious competitive reasons.
3. The City need to receive and analyze such records when considering whether or not to invest
public dollars to promote economic growth and development within the City.
4. This Resolution would allow the City to afford developers and businesses confidentiality
while the City negotiates future public/private partnerships that will be beneficial to the citizens of
Winter Springs.
STAFF RECOMMENDATION:
City Attorney recommends adoption of Resolution 2001-55.
ATTACHMENT:
Resolution 2004-55.
COMMISSION ACTION:
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RESOLUTION NO. 2004-55
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA; ESTABLISHING AN ECONOMIC
DEVELOPMENT DIVISION UNDER THE CITY MANAGER'S
OFFICE FOR THE PURPOSE OF PROMOTING ECONOMIC
GROWTH WITH IN THE CITY AND IN ORDER TO EFFECTIVELY
COMPETE ECONOMICALLY WITH NEIGHBORING
COMMUNITIES; PROVIDING FOR THE CITY MANAGER AS THE
HEAD OF THE ECONOMIC DEVELOPMENT DIVISION;
PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Article vm, 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, in order for the City of Winter Springs to effectively compete economically
with neighboring communities, certain plans, intentions or interests of private corporations,
partnerships, or persons considering locating, relocating, or expanding any of its business activities
in the City of Winter Springs should remain confidential and exempt from public disclosure for a
24-month period with the option to extend confidentiality for 12 additional months; and
WHEREAS, section 288.075, Florida Statutes, permits the public economic development
agencies of municipalities to, upon written request from a private corporation, partnership, or person,
to keep these certain records confidential and exempt from disclosure; and
WHEREAS, the City of Winter Springs Comprehensive Plan provides in its Future Land
Use Element that the projected increase in the City's population will result in the need for more
commercial development to serve the new residents and specifically encourages economic growth
within the Town Center; and
WHEREAS, other cities within the State of Florida, such as the City of Orlando and the City
of Cocoa, have created similar Economic Development departments; and
WHEREAS, the City of Winter Springs finds that creating an Economic Development
Division would promote the economic vitality of the City; and
WHEREAS, the City Commission finds that providing confidentiality of such records will
promote and enhance the City's ability to negotiate future public/private partnerships that will be
beneficial to the citizens of Winter Springs.
WHEREAS, the City Commission of the City of Winter Springs deems this resolution to
City of Winter Springs
Resolution 2004-55
Page 1 of 2
be 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. 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. Establishing Economic Development Division. The City of Winter Springs
hereby establishes the Economic Development Division under the office of the City Manager. The
Economic Development Division shall be headed by the City Manager and any other such employees
or assignees the City Manager deems necessary for the effective management and organization of
the division.
Section 3. 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 4. 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 5. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida.
RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2004.
JOHN F. BUSH, Mayor
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resoiution 2004-55
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