HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-078Temp. Reso # 9289 — March 5, 2001
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CITY OF TAMARAC
RESOLUTION NO. R-2001- 7y
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, REQUESTING THE
FLORIDA STATE LEGISLATURE TO REVISE THE
COMMUNICATIONS SERVICES TAX SIMPLIFICATION
ACT (CHAPTER 2000-260, LAWS OF FLORIDA)
ADOPTED DURING THE 2000 LEGISLATIVE SESSION;
AUTHORIZING THE CITY CLERK TO FORWARD A COPY
OF THIS RESOLUTION TO THE BROWARD COUNTY
LEGISLATIVE DELEGATION AND THE BROWARD
COUNTY BOARD OF COUNTY COMMISSIONERS FOR
CONSIDERATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, during the 2000 Legislative Session, the State Legislature passed,
and the Governor signed into law, CS/CS/CS/SB 1338 (Chapter 2000-260, Laws of
Florida), known as the Communications Services Tax Simplification Act ("Act"); and
WHEREAS, this Act created a new state and local tax structure for
communications service providers, including cable and telecommunications companies;
and
WHEREAS, the Act repealed the authority of municipalities to require that cable
companies enter into franchise agreements in order to provide appropriate services;
and
WHEREAS, portions of the Act became effective January 1, 2001, portions
become effective October 1, 2001 and other portions require further action by the State
Legislature prior to becoming effective; and
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Temp. Reso # 9289 — March 5, 2001
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WHEREAS, amending this new tax structure to again authorize municipalities to
require that cable companies enter into franchise agreements in order to provide
appropriate services would allow municipalities to hold cable television providers to
certain customer service standards, regulate the use of rights of way by cable television
providers, and negotiate with cable service providers for in -kind services such as public
educational and governmental (PEG) access channels; and
WHEREAS, the City would support any further action or implementation of the
Act that allows municipalities to require that cable companies enter into franchise
agreements in order to provide appropriate services; and
WHEREAS, the City would support any further action or implementation of the
Act that allows cable television providers to offer in -kind services to municipalities
without the value of such services possibly being deducted from any tax payment due to
the municipalities under the Act; and
WHEREAS, the City would support any further action or implementation of the
Act that upholds the "hold harmless" provisions of the Act, ensuring the municipalities a
tax payment at least equal to telecommunication -related revenues collected during
calendar year 1999; and
WHEREAS, the City Manager recommends approval; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interests of the citizens and residents of the City of Tamarac to request that
the Florida State Legislature revise the Communications Services Tax Simplification Act
(Chapter 2000-260, Laws of Florida) adopted during the 2000 Legislative Session and
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Temp. Reso # 9289 — March 5, 2001
Page 3
forward a copy of this Resolution to the Broward County Legislative Delegation and the
Broward County Board of County Commissioners for consideration.
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 and confirmed as
being true and correct and are hereby made a specific part of this Resolution.
Section 2: The City Commission requests that the Florida State Legislature revise the
Communications Services Tax Simplification Act (Chapter 2000-260, Laws of Florida)
adopted during the 2000 Legislative Session to allow municipalities to require that cable
companies enter into franchise agreements in order to provide appropriate services, to
allow cable television providers to offer in -kind services to municipalities without the
value of such services being deducted from any tax payment due to the municipalities
under the Act, and to uphold the "hold harmless" provisions of the Act, ensuring the
municipalities a tax payment at least equal to telecommunication -related revenues
collected during calendar year 1999.
Section 3: The City Clerk is hereby authorized to forward copies of this resolution to
the Broward County Legislative Delegation and the Broward County Board of County
Commissioners for consideration.
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Temp. Reso #9289 —March 5, 2001
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Section 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5: 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 in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
Section 6: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this 11th day of April, 2001.
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ATTEST:
MARION SWENSON, CMC
CITY CLERK
Aav
RETY CERTIFY that I
a Droved this
MITCHELL S. KR
CITY ATTORNEY
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/j JOE SCHREIBER, MOOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1:
COMM. PORTNER
DIST 2:
COMM. MISHI,
DIST 3:
V/M SULTANOF
DIST 4:
COMM. ROBERTS451d=�