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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-1481 1 1 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 Page 2 of 4 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: 1 Temp. Reso. #11042 Page 3 of 4 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, 1 Temp. Reso. #11042 Page 4 of 4 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 1 1 1