2007-002 Home Rule ResolutionRESOLUTION 2007-02
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, SUPPORTING AND ENDORSING THE
PRINCIPLES OF HOME RULE AND ADOPTING THE POLICIES SET FORTH
BELOW TO SUPPORT THE PREMISE THAT THE VILLAGE SHOULD HAVE
THE AUTHORITY TO GOVERN WITHIN ITS JURISDICTION; FURTHER
PROVIDING THAT SUCH AUTHORITY SHOULD NOT BE ERODED;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, Chapter 166, Florida Statutes, entitled "Municipalities" and known as the "Municipal
Home Rule Powers Act" provides a broad grant of authority to all municipalities to enable them to
exercise any power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, Section 2(b), Article VIII, State Constitution, protects the rights of municipal
government by means of language which reads as follows:
Municipalities shall have the 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; and
WHEREAS, the legislature recognizes that, pursuant to the grant ofpower set forth in Section 2(b),
Article VIII, State Constitution, the legislative body of each municipality has the power to enact
"" legislation concerning any subject matter upon which the state legislature may act except for those
subjects specifically listed at Section 166.021(3)(a)-(d); and
WHEREAS, municipalities are voluntary forms of government and would not exist if communities
had not organized and held special elections in order to create the local form of government; and
WHEREAS, Residents in a community decide to incorporate in order to govern themselves and to
gain a greater degree of control over issues that impact their quality of life and property interests
directly; and
WHEREAS, municipalities represent the form of government which is closest to the people and
therefore many people expressly choose to live within municipalities in order that their ideas maybe
heard on a more personal basis; and
WHEREAS, a similar resolution was adopted by the Palm Beach County League of Cities, Inc. on
November 22, 2006; and
WHEREAS, the Village of North Palm Beach desires to preserve this unique responsive form of
government, wishes to support the Palm Beach County League of Cities, Inc. and believes it to be in
the best interests of its citizens to adopt this Resolution formally stating its position.
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NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, as follows:
`~ Section 1. The foregoing "whereas" clauses are ratified as true and correct and incorporated
herein by reference.
Section 2. The Village of North Palm Beach believes that when issues are in conflict between
Palm Beach County and a municipality or several municipalities, such conflict should be resolved by
the following:
A. Approval by the governing body of the municipality or municipalities affected; or
B. Approval by a majority of the electors within the County and a majority ofthe electors
within the affected municipality or municipalities.
Section 3. The above stated policy is hereby adopted by the Village Council of the Village of
North Palm Beach.
Section 4. This Resolution shall be forwarded to the Board of County Commissioners, the Palm
Beach County Administrator, the Palm Beach County League of Cities, Inc. and the State Senators
and Representatives elected from the jurisdiction of the Village of North Palm Beach.
Section 5. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this 11th day of JANUA-
(Village Seal)
ATTEST:
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VILLAGE CLE
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