HomeMy WebLinkAbout2017 09 25 Consent 302 Resolution 2017-12 Debris within gated communities
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RESOLUTION NO. 2017-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA; PROVIDING A DECLARATION OF
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 VIII, 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 p
WHEREAS
, on September 11, 2017, the City of Winter Springs suffered extensive
damage as a result of Hurricane Irma, specifically, widespread residential and commercial property
damage caused by vegetative and other tree debris; and
WHEREAS,
on September 18, 2017, the City Commission adopted Resolution No. 2017-
11 confirming and extending a state of local emergency due to the impact and damage caused by
Hurricane Irma; and
WHEREAS,
on September 18, 2017, Governor Scott directed counties and municipalities
to aggressively prioritize debris clean-up operations required in the aftermath of Hurricane Irma
so as not to hamper or interfere with recovery efforts; 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 efficiently 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 communities, all other landowners within the City are provided these same benefits under
City of Winter Springs
Resolution 2017-12
Page 1 of 3
Irma 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 hurricane damage are
routinely upheld as supporting a public interest in the general welfare of the community; [[2089,531,2203,588][12][,I,][Times New Roman]]see [[2166,531,2300,588][12][,,][Times New Roman]]63C
Am. Jur. 2d [[547,589,847,646][12][,I,][Times New Roman]]Public Funds [[817,589,867,646][12][,,][Times New Roman]] [[829,589,904,646][12][,,][Times New Roman]]§ [[867,589,942,646][12][,,][Times
New Roman]]50 [[917,589,1066,646][12][,,][Times New Roman]]; and [[1028,589,1078,646][12][,,][Times New Roman]]
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
-up efforts following Hurricane Irma.
Additionally, implementation of such services is required to improve the health, safety, welfare,
and convenience 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 Irma.
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.
City of Winter Springs
Resolution 2017-12
Page 2 of 3
RESOLVED
by the City Commission of the City of Winter Springs, Florida, in a regular
th
meeting assembled on the 25 day of September, 2017.
___________________________________
CHARLES LACEY, 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
Resolution 2017-12
Page 3 of 3