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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-012Temp. Reso. #11136 Page 1 of 5 February 8, 2007 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007 A RESOLUTION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXPEND LIMITED PUBLIC FUNDS FOR THE PURPOSE OF ADVOCATING IN SUPPORT OF THE PROPOSED ANNEXATION OF BONIELLO GARDENS BEING CONSIDERED BY ELECTORS RESIDING IN THE BONIELLO GARDENS ANNEXATION AREA BY MAIL BALLOT BETWEEN THE DATES OF MARCH 17-MARCH 27, 2007; URGING THE ELECTORS WITHIN THE BONIELLO GARDENS ANNEXATION AREA TO SUPPORT THE ANNEXATION REFERENDUM; BUDGETING AND APPROPRIATING AN AMOUNT NOT TO EXCEED $500.00 FOR THE PURPOSE OF FUNDING THE PUBLIC EDUCATION EFFORTS ASSOCIATED WITH THE PROPOSED ANNEXATION; 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 January 10, 2007, the City Commission adopted Ordinance No. 0-2007-02 that calls for a referendum to be held regarding the proposed annexation of Boniello Gardens into the City of Tamarac; and WHEREAS, the City Commission, pursuant to the electioneering communications guidelines provided by Section 106.071, Florida Statutes, desires to educate the citizens, residents and electors who reside within the Boniello n Temp. Reso. #11136 Page 2 of 5 February 8, 2007 Gardens annexation area as to the benefits of annexation into the City, and advocate in support of the proposed annexation; and 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 Five Hundred and 00/100 ($500.00) Dollars to fund the public education efforts in order to advocate in support of the proposed annexation; 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 F-- Temp. Reso. #11136 Page 3 of 5 February 8, 2007 interests of the health, safety, and general welfare of the residents and citizens of the City of Tamarac; and WHEREAS, the City Commission of the City of Tamarac further finds it to be in the best interests of the residents within the Boniello Gardens annexation area to support the proposed annexation into the City of Tamarac. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: 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 to support and advocate on behalf of the referendum election concerning the annexation of the Boniello Gardens annexation area into the City of Tamarac, which is scheduled to occur between March 17, 2007 and March 27, 2007 by mail 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 Five Hundred and 00/100 ($500.00) Dollars to fund the public education program related to the proposed annexation. 1 Temp. Reso. #11136 Page 4 of 5 February 8, 2007 SECTION 3. It is further found that it is necessary and appropriate to provide information regarding the proposed annexation that is subject of the referendum election currently scheduled to occur between March 17, 2007 and March 27, 2007 by mail ballot; and that the expenditure of limited public funds in an amount not to exceed Five Hundred and 00/100 ($500.00) Dollars to educate the residents of Boniello Gardens regarding the proposed annexation 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 and residents of the Boniello Gardens annexation area regarding the proposed annexation. 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. 1 1 1 Temp. Reso. #11136 Page 5 of 5 February 8, 2007 SECTION 7. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF , 2007. ATTEST: MARION SWENSON, CIVIC CITY CLERK I HEREBY CERTIFY that I Have approved this RESOLUTION as to form. SAMUEL S. GOREN CITY ATTORNEY CITY OF TAMARAC, FLORIDA 10554400 VOINFA B. TALABISCO� E. PORTNER M. SULTANOF P. ATKINS-GRAD H. DRESSLER