17-2984 Declaration of "Paramount Public Purpose"/Disaster Relief Within Gated Communities and Private Roads

Home Browse Search

RESOLUTION 17 -2984 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA; PROVIDING A DECLARATION OF "PARAMOUNT PUBLIC PURPOSE;" PROVIDING A STATEMENT OF AUTHORITY FOR THE EXPENDITURE OF CITY FUNDS REQUIRED TO PERFORM DISASTER RELIEF SERVICES WITHIN GATED COMMUNITIES /COMMUNITIES WITH PRIVATE ROADS 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 goverment, 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, on September 11, 2017, the City of Casselberry 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, the City of Casselberry has utility easements along private roadways and sidewalks within gated communities /communities with private roads, 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 Casselberry 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 /communities with private roads, all other landowners within the City are provided these same benefits under the City's Hurricane 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; see 63C Am. Jur. 2d Public Funds § 50; and Resolution 17 -2984 Page 1 of 3