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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-0401 Temp. Reso. # 11157 March 26, 2007 Page # 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007--_4a A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, EXPRESSING THE CITY'S OPPOSITION TO HOUSE BILL 529 KNOWN AS THE "CONSUMER CHOICE ACT OF 2007" (HB 529) AND OPPOSITION TO HOUSE BILL 0855 AND THE COMPANION SENATE BILL 1772, TOGETHER KNOWN AS THE "CONSUMER BROADBAND CHOICE ACT OF 2007"; URGING THE FLORIDA LEGISLATIVE REPRESENTATIVES TO REFRAIN FROM ANY FORM OF SUPPORT FOR THESE BILLS AND TO VOTE IN OPPOSITION TO THEM; REQUESTING THAT GOVERNOR CRIST ADVISE THE HOUSE AND SENATE LEADERSHIP THAT HE DOES NOT SUPPORT HB 529, HB 0855, AND S61772; DIRECTING THE CITY CLERK TO PROVIDE A CERTIFIED COPY OF THIS RESOLUTION TO FLORIDA GOVERNOR CRIST, SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES, PRESIDENT OF THE FLORIDA SENATE, THE BROWARD COUNTY LEGISLATIVE DELEGATION, AND ALL OTHER INTERESTED PARTIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 23, 2007, Florida House of Representative Anthony Traviesa introduced the "Consumer Choice Act of 2007" (HB 529); and WHEREAS, on February 14, 2007, Florida House Representative Rene Garcia introduced HB 0855, and on February 20, 2007, Florida Senator Mike Fasano introduced SB 1772, collectively known as the "Consumer Broadband Choice Act of 2007;" and Temp. Reso. # 11157 March 26, 2007 Page # 2 WHEREAS, the bills prohibit municipalities and counties from negotiating terms and conditions from cable and video service providers wishing to do business within the local governments' jurisdiction in the future; and WHEREAS, the bills delete authorization for municipalities and counties to award cable service franchises and restrictions that require cable service companies not to operate without such franchises; and WHEREAS, the bills designate the Florida Department of State as the authorizing authority for statewide franchising of cable and video service providers, but prohibits the Department from imposing build out, construction, and deployment requirements on cable and video certificate holders; and WHEREAS, the bills require the Department of Agriculture and Consumer Services to receive all customer service complaints thereby eliminating citizens' ability to seek remedy to complaints via their local government; and WHEREAS, the bills establish limitations and requirements on municipalities and counties relating to access to public right-of-way; and WHEREAS, the bills prohibit municipalities and counties from imposing any additional requirements on cable and video certificate holders; WHEREAS, the bills would deprive local citizens of the ability to address local issues locally, by removing to the state all customer service issues; and WHEREAS, the bills would ultimately preempt all local authority over the provision of cable and video services within the community, including the ability of the local government to provide appropriate oversight to entities conducting business within their jurisdiction and in the local public right-of-way; and Temp. Reso. # 11157 March 26, 2007 Page # 3 WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to preserve all local authority over the provision of cable and video services within the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Commission of the City of Tamarac hereby opposes HB 529, HB 0855, and SB 1772 and urges Florida Governor Crist, the Broward Legislative Delegation, the mayor of each municipality in Broward County, the Broward League of Cities, the Florida League of Cities, and each member of the Broward County Board of County Commissioners to oppose HB 529, HB 0855, and 164 SOR VA Fri SECTIONm3: The City of Tamarac hereby requests Governor Crist to advise leadership of the Florida House and Senate that he does not support HB 529, HB 0855, and SB 1772. SECTION 4: The City Clerk is hereby directed to provide a certified copy of this Resolution to Florida Governor Crist, Speaker of the Florida House of Representatives, President of the Florida Senate, the Broward County Legislative Delegation, and other interested parties. Temp. Reso. # 11157 March 26, 2007 Page # 4 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, ADOPTED AND APPROVED this 1 [4� day of Apr< 1 2007. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. �VDY, AMUELS.GOREN CITY ATTORNEY RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: V/M SI ILTANOF DIST 4: COMM. DRESSLER 1 E