97-42 v RESOLUTION NO. 97-42
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF ATLANTIC BEACH, FLORIDA
SUPPORTING AN AMENDMENT TO ARTICLE VIII
SECTION 2 (a) AND (c) OF THE FLORIDA CONSTITUTION
WHEREAS, Article VIII, Section 2(a) of the Florida Constitution (1968) allows for the
involuntary abolition of any municipality or to modify their Charters by Special Act of the
Legislature with or without a referendum as determined unilaterally by the County Legislative
Delegation; and,
WHEREAS, Article VIII, Section 2(C) of the Florida Constitution allows for the involuntary
merger of municipalities by Special Act of the Legislature with or without a referendum as
determined unilaterally by the county Legislative Delegation; and,
WHEREAS, the ability of the Florida Legislature to take such action without regard to the right
of the people for self determination is contrary to all of the principles upon which home rule was
established for municipalities by the Constitution; and,
WHEREAS, the City Commission and the people of the City of Atlantic Beach, Florida are
greatly concerned about the ability of the legislature to abolish a city without a referendum vote'
of it's electorate or to force a municipal constituency to vote on an issue not of their own
choosing, thus disregarding the will of the people, the democratic principles of home rule, self
determination, and self governance; and
WHEREAS, the Florida Constitutional Revision commission was formed to hear and consider
matters of great public importance and to amend our state Constitution in keeping with
contemporary issues for the management of the state, county and local governments and the
protection of the rights, privileges and immunities of its citizens; and,
WHEREAS, The City of Atlantic Beach feels that in order to preserve the fundamental concepts
of home rule, a revision to Article VIII, Section 2 (a) and (c) is of the utmost importance to all
municipalities of the state, and does hereby request that the Florida Constitutional Revision
Commission consider and approve the following amendments to the Florida Constitution,
NOW THEREFORE BE IT RESOLVED, by the City Commission of the City of Atlantic
Beach, Florida that the Florida Constitution, Article VIII, Section 2 (a) and (c)be amended as
follows:
ARTICLE VIII
Section 2, Municipalities
(a) ESTABLISHMENT. Municipalities may be established by special law, or
abolished only upon an affirmative vote of the electorate of the municipality
amended pursuant to general or special law. When any municipality is abolished, provisions shall
be made for protection of its creditors.
(b) POWERS. Municipalities shall have governmental, corporate and proprietary
powers to enable then to conduct municipal government, perform municipal functions and render
municipal services, and may exercise any power for municipal purposes except as other wise
provided by law. Each municipal legislative body shall be elective.
(c) ANNEXATION. Municipal annexation of unincorporated territory, merger of
municipalities .• • . - . . . - , and exercise of extra-territorial
powers by municipalities shall be provided by general or special law.
BE IT FURTHER RESOLVED, by the City Commission of the City of Atlantic Beach that a
copy of this Resolution be sent to the members of the Florida Constitutional Revision Commission
and the Florida League of cities.
APPROVED AND PASSED by the City Commission of the City of Atlantic Beach, Florida this
10th day or November, 1997.
1
Suz ne Shau hness Ma -r417r
g Y
App oved as to form and correctness:
Air
/an C. JensY' Esquire
City Attorn y
ATTEST:
Mau en King 0
City Clerk