HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-033TR# 12772
April 6, 2016
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO.2016- 33
5 Local Government Infrastructure Surtax
7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC,
8 BROWARD COUNTY, FLORIDA, IMPOSING A ONE CENT PER DOLLAR
9 LOCAL GOVERNMENT INFRASTRUCTURE SURTAX ON ALL
10 AUTHORIZED TAXABLE TRANSACTIONS OCCURRING WITHIN
11 BROWARD COUNTY, FLORIDA, AS AUTHORIZED BY SECTION
12 212.055(2), FLORIDA STATUTES, PROVIDING THAT THE. IMPOSITION
13 OF THE SURTAX SHALL NOT BE EFFECTIVE UNLESS APPROVED AT A
14 REFERENDUM ELECTION; PROVIDING THAT THE IMPOSITION
15 SHALL BE EFFECTIVE BEGINNING J A N U A RY 1, 2017 AND SHALL
16 CONTINUE UNTIL REPEALED; PROVIDING FOR DISTRIBUTION OF
17 SURTAX REVENUES PURSUANT TO LAW; DIRECTING THE
18 SUPERVISOR OF ELECTIONS TO HOLD A REFERENDUM ELECTION ON
19 NOVEMBER 8, 2016;.PROVIDING BALLOT LANGUAGE AND A BRIEF
20 DESCRIPTION OF INFRASTRUCTURE CAPITAL PROJECTS; PROVIDING
21 FOR ADOPTION OF A RESOLUTION DETAILING PROJECT EXAMPLES;
22 PROVIDING FOR PUBLIC DISTRIBUTION OF THIS RESOLUTION;
23 DIRECTING THE CITY CLERK TO ADVERTISE THE SPECIAL
24 REFERENDUM ELECTION IN ACCORDANCE WITH STATE LAW OR
25 COORDINATE SUCH ADVERTISEMENT IN ACCORDANCE WITH STATE
26 LAW WITH THE SUPERVISOR OF ELECTIONS; PROVIDING FOR
27 SEVERABILITY; PROVIDING FOR CONFLICTS; AND
28 PROVIDING FOR AN EFFECTIVE DATE_
30 WHEREAS, Broward County and the municipalities of Broward County are presently without
31 sufficient revenues to adequately fund the infrastructure needs within the County and are without
32 sufficient fiscal resources to adequately find infrastructure and equipment to address transportation
33 and safety needs to benefit the local economy and the citizens of Broward County and the
34 municipalities within Broward County; and
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36 WHEREAS, the provision of adequate and efficient infrastructure facilities upon which the
37 public depends on a day to day basis is a matter of great public concern to the citizens of Broward
38 County and the City of Tamarac; and
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40 WHEREAS, Section 212.055(2), Florida Statutes, entitled "Local Government Infrastructure
41 Surtax", (the "Infrastructure Surtax Law") authorizes the imposition of a 0.5 percent or 1.0 percent local
42 government infrastructure surtax upon transactions occurring within Broward County that are taxable
43 pursuant to Chapter 212, Florida Statutes, subject to referendum approval; and
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45 WHEREAS, the Infrastructure Surtax Law provides that "if the governing bodies of the
46 municipalities representing a majority of the county's population adopt uniform resolutions establishing
47 the rate of the surtax. and calling for a referendum on the surtax., the levy of the surtax shall be placed on
48 the ballot and shall take effect if approved by a majority of the electors of the county voting in the
49 referendum on the surtax"; and
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WHEREAS, moneys received from the local government infrastructure surtax may be
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utilized to finance, plan., construct, renovate and improve needed infrastructure, establish an
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economic development trust fund, provide public safety vehicles, equipment and infrastructure,
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acquire land for public recreation, conservation or the protection of natural resources, improve
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infrastructure to address transportation and safety needs to benefit the local economy and the
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citizens of Broward County and the municipalities within Broward County, and such infrastructure
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projects will be for the use and benefit of the citizens of Broward County and municipalities within
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Broward County; and
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WHEREAS, a brief description of the projects to be funded with revenues from the proposed
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infrastructure surtax is set forth in the ballot language contained in this Resolution, while a more
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specific project listing will be contained in a Resolution adopted by the City Commission of the City
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of Tamarac with the purpose of and intent of stating specific identified public infrastructure projects
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which would be specific projects to be funded from the revenues derived from the surtax; and
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WHEREAS, the City of Tamarac, being a municipality representing a portion of the majority
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of the population of Broward County and together with other municipalities in Broward County
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representing a majority of the County's population, has the power and authority, pursuant to Section
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212055(2)(a)1, Florida Statutes, to impose the local government infrastructure surtax, Subject to
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approval at a referendum election and to call for the referendum election on the surtax; and
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WHEREAS, Section 212.055, Florida Statutes, requires voter approval in a referendum
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election prior to imposition of the local government infrastructure surtax.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
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CITY OF TAMARAC THAT:
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Section 1. Legislative Findings/Recitals. The above recitals are hereby adopted
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by the City Commission of the City of Tamarac as its legislative findings relative to the subjects
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and matters set forth in this Resolution.
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Section 2. Authorization. This Resolution is specifically authorized by Section
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212.055(2), Florida Statutes, and other applicable Florida law.
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Section 3. Imposition of Local Government Infrastructure Surtax. There
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is hereby imposed a one cent per dollar local governmental infrastructure surtax upon all authorized
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taxable transactions occurring within Broward County from January 1. 2017 until the surtax is
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repealed.
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Section 4. Distribution of Surtax Revenues. In accordance with Section 212.055(2),
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Florida Statutes, the Florida Department of Revenue shall distribute the proceeds of the revenues of
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the surtax hereby imposed in accordance with Section 218.62, Florida Statutes, or pursuant to interlocal
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agreement as set forth at Section 212.055(2)(c). Florida Statutes.
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Section 5. Referendum Election.
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(a) The surtax imposed in Section 3 of this Resolution shall not take effect
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unless and until approved by a majority of the electors of Broward County voting in a
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referendum election on the surtax.
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100 (b) Upon receipt of this Resolution and uniform resolutions adopted by municipalities
101 within Broward County representing a majority of the county's population, the Supervisor of
102 Elections of Broward County is hereby directed to hold such referendum election on November
103 8, 2016.
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105 (c) The Supervisor of Elections of Broward County shall cause the following
106 question to be placed on the ballot:
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108 BROWARD COUNTY I CENT SALES SURTAX TO
109 FUND INFRASTRUCTURE IMPROVEMENTS
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111 To provide the funding for necessary public capital projects, Broward County
112 and Broward cities require additional revenue. The proposed revenue source is a 1
113 cent (1.0¢) per dollar sales surtax on taxable transactions occurring within Broward
114 County. These revenues would be used for funding public projects and improvements
115 such as the renovation, reconstruction and construction of roads, streets, pedestrian
116 safety projects, transportation projects, public buildings and associated capital
117 facilities and equipment throughout Broward County.
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119 FOR THE 1-CENT SALES TAX
120 AGAINST THE 1-CENT SALES TAX
121 (d) A Resolution adopted by the City Commission of the City of Tamarac shall
122 generally identify the public specific projects within the City of Tamarac, which would be
123 funded by the surtax imposed herein subject to voter approval. A certified copy of said
124 Resolution shall be provided to the Board of County Commissioners of Broward County and to
125 each municipality within Broward County by the City Clerk, and that Resolution and this
126 Resolution shall be made generally available to the public.
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128 Section 6. Advertisement. The City Clerk shall ensure that notice of this
129 referendum shall be advertised in accordance with the provisions of Section 100.342, Florida
130 Statutes, or coordinate with the Supervisor of Elections relative to the publication of the
131 advertisement. Proof of publication shall be provided to the City Manager.
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133 Section 7. Implementing Actions. The City Manager is hereby authorized to take
134 any actions necessary to implement the aims of this Resolution.
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136 Section 8. Severability. if any provision of this Resolution or the application
137 thereof to any person or circumstance is held invalid, it is the intent of the City Council that such
138 invalidity shall not affect other provisions or applications of the Resolution which can be given
139 effect without the invalid provision or application and, to this end, the provisions of this Resolution
140 are declared severable.
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142 Section 9. Conflicts. All resolutions or parts of resolutions in conflict with any of the
143 provisions of this Resolution are hereby repealed.
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146 Section 10. Distribution of Resolution. The City Clerk is directed to distribute this
147 Resolution to the Board of County Commissioners for Broward County, the Broward County League of
148 Cities, the Broward County Supervisor of Elections, and each of the municipalities in Broward County.
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150 Section 11.. Effective Date.
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152 (a) The surtax imposed herein shall be effective beginning January 1, 2017, if approved in
153 the referendum election to be held on November 8, 2016.
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155 (b) This Resolution shall take effect immediately upon adoption.
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157 PASSED AND DULY ADOPTED at the meeting of the City Commission of the City of
158 Tamarac on the / 3 day of , 201.6.
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163 HARRY DRESSLER
164 MAYOR
165 ATTEST--\
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167 PATRICIATEUFEL, CM
168 CITY CLERK
169 RECORD OF COMMISSION VOTE:
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MAYOR DRESSLER
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DIST 1: COMM. BUSHNELL-
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DIST 2: COMM. GOMEZ
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DIST 3: VICE MAYOR GLASSER
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DIST4: COMM. PLACKO-�
175 1 HEREBY CERTIFY THAT I HAVE
176 APPROVED THIS RESOLUTION
177 A O FORM
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179 t-�SSAMUEL S. GOREN
180 CITY ATTORNEY
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