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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 Page 2 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 Page 3 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 Page 4 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 Page 5 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