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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-078Temp. Reso # 9289 — March 5, 2001 Page 1 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structure for communications service providers, including cable and telecommunications companies; and WHEREAS, the Act repealed the authority of municipalities to require that cable companies enter into franchise agreements in order to provide appropriate services; and WHEREAS, portions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 1 Temp. Reso # 9289 — March 5, 2001 Page 2 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 F_� 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. 1 Temp. Reso #9289 —March 5, 2001 Page 4 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. 1 ATTEST: MARION SWENSON, CMC CITY CLERK Aav RETY CERTIFY that I a Droved this MITCHELL S. KR CITY ATTORNEY I I /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=�