HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-018Temp. Reso # 10333
January 16, 2004
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004- t ?-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA URGING MEMBERS OF THE FLORIDA
LEGISLATURE TO SUPPORT THE FLORIDA LEAGUE OF
CITIES' KEY PRIORITY MUNICIPAL ISSUES DURING THE 2004
LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO
PROVIDE COPIES OF THE ADOPTED RESOLUTION TO
GOVERNOR JEB BUSH, SENATE PRESIDENT JIM KING,
SPEAKER OF THE HOUSE JOHNNIE BYRD, JR., SENATOR
SKIP CAMPBELL, REPRESENTATIVE STACY RITTER,
REPRESENTATIVE RON GREENSTEIN AND THE FLORIDA
LEAGUE OF CITIES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac actively participates as a
member of the Florida League of Cities and wishes to support the League's key priority
issues; and
WHEREAS, legislation passed (HB 113A) during the 2003 Special Session "A" that is
the implementation of Article V, a 1998 constitutional amendment, that requires the State to
fund the county court system; and
WHEREAS, HB 113A prohibits state attorneys from appearing in county courts forthe
purpose of prosecuting municipal ordinances; and
WHEREAS, the bill also prohibits a municipality from contracting with a state attorney
for the prosecution of municipal ordinances, and public defenders will not be allowed to
represent indigents charged with ordinance violations; and
and
Temp. Reso # 10333
January 16, 2004
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WHEREAS, HB 113A requires a filing fee of $200 for each code or ordinance violation;
WHEREAS, several cities enforce code enforcement through a citation process, which
are filed through the county court system; and
WHEREAS, many of the fines for these citations are less than half of the proposed
$200 filing fee, which would make the citation process ineffective for code enforcement
activities; and
WHEREAS, the intent of the Municipal Revenue Sharing hold harmless provision in HB
113A was intended to not reduce any revenues currently shared with municipalities; and
WHEREAS, clean drinking water is a precious resource that must be adequately
planned for to meet the needs of future growth in Florida; and
WHEREAS, cities are implementing several innovative methods to assure an adequate
supply of drinking water is available for its citizens; and
WHEREAS, efforts were made during the 2003 legislative session to mandate that
cities establish water conservation rate structures, impose drought rates, require submetering
in apartment buildings or condos, mandate statewide irrigation standards, implement
"informative billing' , and meter reclaimed water; and
WHEREAS, municipalities would be negatively impacted by legislation mandating
conservation measures on a "one size fits all" approach and many of the conservation
measures being considered had no demonstrable conservation benefit but will be very
expensive to implement; and
Temp. Reso # 10333
January 16, 2004
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WHEREAS, the geographic emphasis and restrictive nature of Florida's current
annexation policy has negatively impacted Florida's municipalities by inhibiting their economic
vitality, creating inefficient service delivery and subsidizing urban sprawl; and
WHEREAS, the current law has actually made it more difficult for municipalities to
provide municipal services in the urbanizing areas in comparison to counties and special
districts; and
WHEREAS, Florida's tremendous population growth and inflexible annexation policies
causes disruption in historical service delivery responsibilities and results in a continuous
conflict and inefficiencies in the financing and delivery of many local public services; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interest of the citizens and residents of the City of Tamarac to urge members of the Florida
Legislature to support the Florida League of Cities' key priority municipal issues during the
2004 Legislative Session.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: That 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: That the City of Tamarac, Florida urges Governor Jeb Bush and
members of the Florida Legislature to support legislation that:
Preserves the authority of individual local governments to determine and
implement the specific water conservation measures required under a water
use permit, and which preserves a local government's control over reclaimed
water that is created by the local government.
Temp. Reso # 10333
January 16, 2004
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SECTION 3: That the City of Tamarac urges Governor Jeb Bush and members of the
Florida Legislature to support legislation that:
Allows municipalities to contract for the services of public defenders and state
attorneys to enforce local ordinances; and
Eliminates the fee schedules for the enforcement of municipal code or
ordinance violations.
Provides a modification of the distribution formula for revenues transferred from
the Half -Cent Sales Tax Program to the Revenue Sharing Trust Fund for
Municipalities.
SECTION 4: That the City of Tamarac urges Governor Jeb Bush and members of the
Florida Legislature to support legislation that:
Strengthens the ability of municipalities to eliminate all enclaves regardless of
size or use, and provides reasonable procedures to expeditiously annex areas
that are contiguous to their boundaries.
SECTION 5: The City Clerk is hereby directed to provide copies of the adopted
resolution to, Governor Jeb Bush, Senate President Jim King, Speaker of the House Johnnie
Byrd, Jr., Senator Skip Campbell, Representative Stacy Ritter, Representative Ron
Greenstein, and the Florida League of Cities.
SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 7: 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.
Temp. Reso # 10333
January 16, 2004
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SECTION 8: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this 28" day of January, 2004.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. KRAFT
CITY ATTORNEY
1
J E SCHREIBER
` ayor
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER a,
DIST 2: COMM. FLANSBAUM-TALABISC
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS