19-3127 Declaration of "Paramount Public Purpose"/Disaster Relief Services within Gated Communities/Communities with Private Roads

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RESOLUTION 19-3127 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 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, 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, 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 Dorian 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 WHEREAS, the City Commission of the City of Casselberry 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 Casselberry. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, 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/communities with private roads as Resolution 19-3127 Page 1 of 2