06-48
i I
RESOLUTION NO. 06-48
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
FINDING THAT SIGNIFICANT LEGAL RIGHTS WILL BE
COMPROMISED IF LITIGATION CHALLENGING
AMENDMENTS TO THE PINELLAS COUNTY CHARTER DOES
NOT PROCEED BEFORE THE DISPUTE RESOLUTION
PROCESS ESTABLISHED BY CHAPTER 164, FLORIDA
STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Clearwater adopted Resolution No. 06-46 on
August 3, 2006 authorizing the institution of litigation challenging placement on the November 7,
2006 ballot, certain proposed amendments to the Pinellas County Charter; and
WHEREAS, the City of Clearwater intends to seek injunctive relief to prevent the
referenda election on the County Charter amendments from being included on the November 7,
2006 ballot; and
WHEREAS, if the City is unable to proceed with having this matter heard prior to the
election of November 7,2006, the City may waive certain legal arguments that it wishes to raise
in its challenge to the referenda election; and
WHEREAS, Section 164.1041 (2) allows a governmental entity to determine that the
dispute resolution process provided in Chapter 164 does not need to be followed upon a finding
that significant legal rights will be compromised if a court proceeding does not take place before
the dispute resolution process.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Clearwater,
Florida :
Section 1. Significant legal rights of the City will be compromised if the litigation
challenging the referenda election concerning the Pinellas County Charter Amendments does
not proceed before the dispute resolution process provided in Chapter 164 and, therefore, the
City finds that pursuant to Section 164.1041 (2) the dispute resolution process does not need to
be followed in this matter, prior to pursuing litigation.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 7th day of September
,2006.
:4~r~
~V. Hibbard .
Mayor
ApprO]d as to form:
Mia K. Akin
City Attorney
Attest:.