HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-012Temp. Reso. #11136
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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
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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
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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.
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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.
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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