Fort Walton Beach Council agenda — 09-16-08 workshop agenda — reading text

ployed in administering affairs of state and promoting public welfare. l odh :. Cih t,1C U :: T\1 . L 't Fla. 4_- N.. 134 So. 205 ( 1931). Municipal Corporations C=,> 57 - A municipality may create a non -profit corporation to accept donations and grants to be used in furtherance of municipal purposes. Op.Atty.Gen., 2006 -47, October 18, 2006 (2006WL 2989600). Absent an express statutory or constitutional prohibition to the contrary, a municipality may create a 501( c)( 3) non -profit corporation to accept donations and grants from private entities and other governmental entities to be used in furtherance of municipal purposes. Op.Atty.Gen., 2006 -40, October 18, 2006 ( 2006 WL 2989600). A municipality may impose a fee for the unofficial use of a municipal seal provided the municipality determines that the imposition of such fee serves a municipal purpose. Op.Atty.Gen., 2000 -43, July 20, 2000. A municipal charter may be amended pursuant to § 2( a), Art. VIII, State Const., and § 166. 031, F.S., so as to add provisions thereto which would serve to limit or restrict the exercise of specific corporate, legislative and 2008 Thomson Reuters/ West. No Claim to Orig. US Gov. Works. http: / web2. / westlaw.com /printlprintstream .aspx ?rs= WLW8. 09 & destination= atp &prft=HTMLE &f... 9/ 15/ 2008  Page 14 of 80 West's F.S. A. § 166. 021 Page 14 governmental powers, except for those enumerated in § 2( c), Art. VIII, State Const., and § 166.021( 3)( a), F.S., which the municipality or its legislative and governing body would otherwise be empowered to exercise pursu- ant to § 2( b), Art. VIII, State Const., and the Municipal Home Rule Powers Act, ch. 166, F.S. § 2, Op.Atty.Gen., 082 -101, Dec. 9, 1982. 10. Proprietary activities, powers generally A municipality has power to engage in proprietary functions so long as such power is exercised for " municipal purposes" and mere fact that a city -operated service competes with a privately owned business does not invalid- ate the city's enterprise. City of Winter Park v. Montesi, App. 5 Dist., 448 So. 2d 1242 ( 1984), petition for review denied 456 So. 2d 1182. Municipal Corporations 4D;;;p 57 A municipality possesses legislative powers which it may exercise in a sovereign capacity, and a proprietary power, usually conferred on town council by terms of charter, which it may exercise for the private advantage of the inhabitants or for the private advantage of the municipality. Town of Riviera Beach v. State, 53 So.2d 828 1951). Municipal Corporations 4D= 57 11. Interstate commerce, powers generally Genuine issue of material fact as to whether city ordinances granting two tour operators exclusive franchise con- stituted discrimination against interstate commerce in violation of commerce clause precluded summary judg- ment for city in tour company's action for injunctive relief. Duck Tours Seafari, Inc. v. City of Key West, App. 3 Dist., 875 So. 2d 650 (2004), rehearing en banc denied, review denied 890 So. 2d 1114. Judgment O= 181( 15. 1) Genuine issue of material fact as to whether ordinances granting two tour operators a monopoly constituted bur- den on interstate commerce excessive in relation to putative local benefits precluded summary judgment for city in action by tour operator under the Commerce Clause. Duck Tours Seafari, Inc. v. City of Key West, App. 3 Dist., 875 So. 2d 650 ( 2004), rehearing en banc denied, review denied 890 So.2d 1114. Judgment 181( 15. 1) Municipality cannot lawfully impose burden upon interstate commerce. Myers v. City of Miami, 100 Fla. 1537, 131 So. 375 ( 1930). Commerce 48 12. Change in form of government, powers generally The phrase " any change in the form of government" in subsec. ( 4), contemplates a change in the allocation of the basic policy- making and administrative functions of municipal government ( as from a strong mayor form to a city manager form). Amendments to municipal charter provisions adopted prior to July 1, 1973, the effective date of the Municipal Home Rule Powers Act, may be made by ordinance if such changes do not affect the basic organizational and administrative structure of the municipality's government [ and if such changes do not fall within any of the other excluded areas - -such as rights of municipal employees- -set forth in subsec. ( 4) ]. Charter provisions adopted or readopted subsequent to the effective date of the Municipal Home Rule Powers Act may be amended only pursuant to § 166.03 1. Op.Atty.Gen., 077 -135, Dec. 21, 1977. 13. Delegation of powers, powers generally The powers of a municipal corporation over its public streets are held in trust for the public benefit, and can not, 0 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http:// web2. westlaw. com1printlprintstream.aspx ?rs =WLW 8. 09 & destination= atp &prft=HTMLE &f... 9/ 15/ 2008  Page 15 of 80 West's F.S. A. § 166.021 Page 15 in the absence of clearly delegated authority, be surrendered or delegated by contract to private parties, either corporate or natural. State ex rel. Buford v. Pinellas County Power Co., 87 Fla. 243, 100 So. 504 ( 1924); Florida Cent. & P.R. Co. v. Ocala St. & S. R. Co., 39 Fla. 306, 22 So. 692 ( 1897). City commission had no authority to grant subpoena power to independent investigatory body consisting of nonelected officials. Barry v. Garcia, App. 3 Dist., 573 So.2d 932 ( 1991), review denied 583 So.2d 1034. Muni- cipal Corporations C= 62 When municipal charter or special act grants use of subpoena power and prescribes, if any, its manner of delega- tion, specific delegation authorized is only means available by governing authorities to exclusion of any general grant of power or authority. Barry v. Garcia, App. 3 Dist., 573 So. 2d 932 ( 1991), review denied 583 So.2d 1034. Municipal Corporations 62 City ordinance, requiring charitable organizations soliciting property or financial assistance of any kind or selling any article to apply for and obtain a permit from consumer affairs office, set forth sufficient guidelines to enable consumer affairs officer to adequately grant or deny license and did not bestow upon such officer un- bridled discretion to determine what constituted a charitable organization. League of Mercy Ass'n, Inc. v. Walt, App. 1 Dist., 376 So.2d 892 ( 1979), certiorari denied 386 So. 2d 639. Charities 41. 5 Rent control ordinance was constitutionally defective in its attempted delegation of legislative powers of the city to rent control administrator without prescribing sufficient objective guidelines. City of Miami Beach v. Forte Towers, Inc., 305 So.2d 764 ( 1974). Municipal Corporations C;;;;, 591 Ordinance which referred to a determination by city as to when it is not " possible, safe, feasible, or practicable" for city to collect garbage did not constitute an unlawful and uncertain delegation of authority to city officials concerned. United Sanitation Services of Hillsborough, Inc. v. City of Tampa, App. 2 Dist., 302 So.2d 435 1974). Municipal Corporations C;;;; 591 City ordinances which delegated to building official discretion to determine if dwelling was unfit or unsafe for human habitation or if cost of repair exceeded 50 per cent of value of dwelling after repair were valid and con- stitutional exercise of city's police power where ordinances provided for written notice and order of condemna- tion, manner of service, personal appearance and administrative appeal procedure and where discretion of build- ing official in determining which buildings were unfit was limited by incorporation of minimum standards con- tained in city building and plumbing code. Thomas v. City of West Palm Beach, 299 So.2d 11 ( 1974). Municipal Corporations 591 Ordinance providing that examination of applicant for license as contractor may be in writing, or may be verbal, and/ or practical, in discretion of board of examiners gave unrestrained authority to board to grant licenses arbit- rarily by requiring different types of examinations for different applicants and was void. City of Naples v. State ex rel. Abbott, App. 2 Dist., 100 So.2d 78 ( 1958). Licenses ID= 7( 1) An ordinance respecting the licensing of tile contractors was unconstitutional as invalid delegation of legislative power where the ordinance established no standards to determine the competency of the applicants by the ad- ministrative body, and left the granting or denial of a license wholly within the uncontrolled discretion of the Board. Godshalk v. City of Winter Park, 95 So. 2d 9 ( 1957). Municipal Corporations 591 Furnishing water for the use of inhabitants of a city is not a governmental function that cannot be delegated. 2008 Thomson Reuters/ West. No Claim to Orig. US Gov. Works. http: / web2. / westlaw.comlprint1printstream.aspx ?rs =WLW 8. 09 &destination= atp &prft=HTNEE &f... 9/ 15/ 2008  1 Kiev + _ .._ _ _ West's F.S. A. § 166.021 Page 16 Woodbury v. Tampa Waterworks Co., 57 Fla. 243, 57 Fla. 249, 49 So. 556 ( 1909). Municipal Corporations OD= 744 Though a municipal corporation can delegate its power to perform a ministerial act, it cannot appoint four agents for such purpose, and authorize them to select for it a fifth. City of Tampa v. Salomonson, 35 Fla. 446, 17 So. 581 ( 1895). Municipal Corporations 0= 214( 5) 14. Prior charters, powers generally City charter provision, which required election in connection with issuance of revenue bonds and which prohib- ited lease of portion of facility to be financed by bonds for more than 30 years, constituted limitation on city's borrowing and leasing powers that had been nullified by the Municipal Home Rule Powers Act, which was in- tended to secure broad home rule powers to municipalities, and which specifically nullified and repealed any limitation of power on any municipality contained in any municipal charter enacted or adopted prior to July 1, 722; Municipal Corporations 1973. State v. City of Miami, 379 So. 2d 651 ( 1980). Municipal Corporations C= C= 918( 1) The city council may, by