06-33
RESOLUTION NO. 06-33
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, REQUESTING THAT THE PINELLAS
COUNTY CHARTER REVIEW COMMISSION
REJECT ALL OF THE PROPOSED CHARTER
PROVISIONS RELATED TO ANNEXATION POLICY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the proposed charter provisions make annexation more
difficult and help to preserve the status quo of inefficient city/county jurisdictional
boundaries; and
WHEREAS, the proposed changes would conflict with statewide
annexation law creating a precedent for a hodgepodge of inconsistent and
conflicting annexation laws across the state; and
WHEREAS, the 50% coterminous rule for referendum annexations,
hereafter referred to as "property owner referendums" annexations, is overly
simplistic and arbitrary and further restricts a city's ability to annex; and
WHEREAS, the requirement that parcel and acreage consent exceeds
67% for property owner referendums is overly burdensome and arbitrary and
completely without justification; and
WHEREAS, property owner referendums are a vote of the property
owners and should have no greater requirement for a majority than an
annexation referendum of registered voters (simple majority); and
WHEREAS, the 60/30 day revocable written consent proposal for property
owner referendums will create an opportunity for consenting property owners to
be harassed and threatened by opposing property owners up to and including at
the annexation public hearing(s); and
WHEREAS, the 60/30 day revocable written consent proposal would
essentially allow property owners to change their "vote" after the election; and
WHEREAS, the 60/30 day revocable written consent proposal will
introduce a tremendous amount of chaos and conflict in a system that is currently
sound and effective; and
WHEREAS, limiting repeat annexations to seven years is overly long and
unnecessarily restricts the rights of residents to have a choice regarding
annexation; and
Resolution 06-33
WHEREAS, the proposed notice requirements for all referendum types
are unprecedented and far exceed any notice requirement for any other type of
election or referendum regardless of the subject; and
WHEREAS, the proposed notice requirements are overly burdensome,
add unnecessary cost to the process and are no more than an additional step
that complicates the process and increases opportunities for conflict and litigation
in order to prevent annexation in general; and
WHEREAS, the proposed incentive limitation language creates confusion
and is already addressed by existing laws; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. That this Council is opposed to the proposed amendment to
the County Charter regarding annexations, and requests that the Pinellas County
Charter Review Commission reject all of the proposed annexation policy related
charter and legislative proposals.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 4th
day of May
,2006.
~
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'ffink V. Hibbard
Mayor
Approved as to form:
Ii
Pamela K. Akin
City Attorney
Attest:
c~~.~~. LLD~
Cynt i E. Goudeau'
City Clerk
Resolution 06-33