Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-145Temp. Reso. 11493 Page 1 of 5 September 26, 2008 RESOLUTION NO. R2008 _ IY5- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, RELATING TO UNFUNDED STATE MANDATES; URGING THE UTILIZATION OF ANY MEANS NECESSARY TO REQUIRE THE FLORIDA LEGISLATURE TO ELIMINATE UNFUNDED STATE MANDATES ON LOCAL GOVERNMENTS; URGING THE FLORIDA LEAGUE OF CITIES TO CONSIDER THE SPONSORSHIP OF AN INITIATIVE PETITION, TO AMEND ARTICLE VII, SECTION 18(a) OF THE FLORIDA CONSTITUTION TO ELIMINATE THE CLAUSE ALLOWING FOR UNFUNDED MANDATES BY A TWO-THIRDS MAJORITY, AND TO POTENTIALLY AMEND OTHER CLAUSES OF SAID SUBSECTION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE GOVERNOR OF THE STATE OF FLORIDA, MEMBERS OF THE FLORIDA LEGISLATURE, THE FLORIDA LEAGUE OF CITIES, BROWARD LEAGUE OF CITIES, THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, AND ALL MUNICIPALITIES LOCATED WITHIN BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE. WHEREAS, the Florida legislature regularly adopts legislation that imposes mandates on local governments without providing for funding or adequate funding sources for implementation of such mandates; and WHEREAS, in 1989, the state's municipalities, in conjunction with the Florida league of Cities, were in the process of circulating an initiative petition Page 1 of 5 Temp. Reso. 11493 Page 2 of 5 September 26, 2008 that would place a prohibition or restriction against unfunded mandates on the Constitutional ballot; and WHEREAS, the State Legislature, in order to head off the initiative petition, placed its own unfunded mandate restriction on the ballot (commonly referred to as Amendment 3) and, upon passage, such amendment became Article VII, Section 18 of the Florida Constitution; and WHEREAS, that provision still allows for unfunded mandates if adopted by a two-thirds vote of the membership of both Houses of the Florida Legislature and contains numerous exceptions to the restrictions contained in the provision; and WHEREAS, the two-thirds voting requirement has proved to be a loophole in that the Legislature routinely adopts unfunded mandates by a greater than two-thirds majority of both Houses; and WHEREAS, since the adoption of Amendment 3 in 1990, there have been hundreds of unfunded mandates imposed by the Legislature on local governments at costs of hundreds of millions of dollars; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interests of the citizens and residents of the City to urge the Florida Page 2 of 5 Temp. Reso. 11493 Page 3 of 5 September 26, 2008 Legislature, the Florida League of Cities, as well as any other interested entity to utilize any means necessary to eliminate unfunded mandates on local governments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are confirmed and ratified as being true and correct and are hereby incorporated herein. Section 2. The City Commission of the City of Tamarac hereby urges the Florida Legislature to restrict or eliminate its policies of adopting legislation or practices imposing unfunded mandates upon the municipalities of the State of Florida. Section 3. The City Commission hereby further urges the Florida League of Cities to consider initiating the process to begin processing the documentation and petitions necessary for an initiative petition drive to amend Article VII, Section 18 of the Florida Constitution to eliminate the clause which allows unfunded mandates from the Legislature upon a two-thirds vote of the membership of each House and to amend such other provisions of said section as will restrict of eliminate all unfunded state mandates. Page 3 of 5 Temp. Reso. 11493 Page 4 of 5 September 26, 2008 Section 4. The City Commission hereby directs the City Clerk to transmit a copy of this resolution to the Governor of the State of Florida, members of the Florida Legislature, the Florida League of Cities, the Broward League of Cities, the Broward County Board of County Commissioners, and all municipalities located within Broward County. 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 become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMJS§I N OF THE CITY OF TAMARAC, FLORIDA THIS --_JLL DAY OF , 2008. CITY OF TAMARAC, FLORIDA Page 4 of 5 1 ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I Have approved this RE LUTION as to form. CI ATTORNEY Temp. Reso. 11493 Page 5of5 September 26, 2008 ,w/Mwa • * •- B. TALABISCO E. PORTNER M. SULTANOF P. ATKINS-GRAD H. DRESSLER Page 5 of 5 mom---'