HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-1481
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Temp. Reso. #11042
Page 1 of 4
August 15, 2006
RESOLUTION NO. LI""'"`-
A RESOLUTION OF THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO.
EXPEND LIMITED PUBLIC FUNDS FOR THE PURPOSE OF
FURNISHING INFORMATION TO CITY RESIDENTS PRIOR TO THE
NOVEMBER 7, 2006 REFERENDUM ELECTION ON THE
PROPOSED CHARTER AMENDMENT TO CHANGE THE DATE OF
THE CITY'S MUNICIPAL ELECTIONS FROM MARCH TO
NOVEMBER; BUDGETING AND APPROPRIATING AN AMOUNT
NOT TO EXCEED $36,000 FOR THE PURPOSE OF FUNDING THE
PUBLIC EDUCATION EFFORTS ASSOCIATED WITH THE
PROPOSED CHARTER AMENDMENT; FINDING THAT THIS
EXPENDITURE IS IN THE BEST INTERESTS OF THE HEALTH,
SAFETY, AND GENERAL WELFARE OF THE CITIZENS AND
RESIDENTS OF THE CITY OF TAMARAC; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO DO ALL THINGS
NECESSARY TO EFFECTUATE THE INTENT OF THIS
RESOLUTION; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 14, 2006 the City Commission adopted Ordinance No.
2006-11 that calls for a referendum to be held on November 7, 2006 regarding a
proposed amendment to the City Charter calling for all municipal elections to be held in
November of even -numbered years; and
WHEREAS, the City Commission, pursuant to the electioneering
communications guidelines provided by Section 106.071, Florida Statutes, desires to
educate the residents and electors of the City of Tamarac as to the proposed purpose,
scope, and goals of the Charter amendment; and
Temp. Reso. #11042
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August 15, 2006
WHEREAS, the City Commission adopts the opinion of the Florida Attorney
General in Attorney General Opinion 98-033, dated April 30, 1998, where it is stated
that a governmental entity may expend public funds for the purpose of furnishing
information to the electors regarding ballot issues, provided that the governing body
makes legislative findings as to the purpose of the expenditure and the benefits to the
health, safety, and general welfare of the public; and
WHEREAS, the Florida Supreme Court, in the case styled People Against Tax
Revenue Mismanagement, Inc. v. County of Leon, 583 So.2d 1373 (Fla. 1991),
indicated that the government may expend public funds to support or oppose an issue
that is deemed by the governing body to be in that government's best interests; and
WHEREAS, the City Commission of the City of Tamarac, pursuant to Section
166.241, Florida Statutes, desires to budget and appropriate an amount not to exceed
$35,000 Dollars to fund the public education efforts in order to provide information to the
residents of the City of Tamarac regarding the proposed Charter amendment; and
WHEREAS, the City Commission of the City of Tamarac finds the expenditure of
public funds, as provided in this Resolution, to be in the best interests of the health,
safety, and general welfare of the residents and citizens of the City of Tamarac.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
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Temp. Reso. #11042
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August 15, 2006
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified as true and
correct and incorporated herein by this reference.
SECTION 2. It is hereby found and determined by the City Commission of the
City of Tamarac that it is in the best interests of the health, safety, and welfare of the
citizens and residents in the City of Tamarac for the general public to be fully informed
of the proposed Charter amendment on the November 7, 2006 general election ballot,
and that in order to educate the citizens and residents, pursuant to Section 166.241,
Florida Statutes, the City Commission hereby budgets and appropriates an amount not
to exceed $35,000 Dollars to fund the public education program related to the proposed
Charter amendment.
SECTION 3. It is further found that it is necessary and appropriate to provide
information regarding the proposed Charter Amendment that is the subject of a
referendum election currently scheduled for November 7, 2006; and that the
expenditure of limited public funds in an amount not to exceed $35,000 Dollars to
educate the citizens of Tamarac regarding the proposed Charter amendment serves a
public and municipal purpose.
SECTION 4. The City Manager of the City of Tamarac, Florida, be and the same
is hereby authorized and directed to do all things necessary and expedient in order to
effectuate the intent of this Resolution and the provision of information to the citizens,
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Temp. Reso. #11042
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August 15, 2006
residents, and businesses within the City of Tamarac regarding the proposed Charter
amendment.
SECTION 5. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 6. If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 7. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED BY THE CITY' O MISSION OF THE CITY OF TAMARAC,
FLORIDA THISDAY OF 2006.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
Have appro)#Vd this
RESOLUN asAoAorml
CITY OF TAMARAC, FLORIDA
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALASISCO
DIST 1: V/M PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
CITY P TORNL�'/
H \2005\050164 TAMARAC\RESO 2006\Reso - Voter Education Campaign (Information),doc
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