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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-0141 Temp. Reso #8105 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98-/4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA OPPOSING PROPOSED HOUSE BILL 3291 AMENDING FLORIDA STATUTE 337.4011 TO PROHIBIT MUNICIPALITIES FROM CHARGING A FRANCHISE FEE FOR TELECOMMUNICATION SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida House of Representatives Bill 3291 has been introduced with support by the Telecommunications industry; and WHEREAS, this Bill would have a detrimental effect on the existing and potential revenues of this City; and WHEREAS, House Bill 3291 infringes upon the home rule rights and authority of municipalities to control public rights -of -way within their boundaries; and WHEREAS, the potential impact of House Bill 3291 could be as much as $2,000,000 annually in lost revenues to Tamarac; and WHERAS, Tamarac's public rights -of -way belong to the citizens and residents of this City, it is reasonable to require private interests to pay for the right to use these rights -of -way for private gain; 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 oppose House Bill 3291. 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. 1 1 2 Temp. Reso #8105 SECTION 2: The City of Tamarac hereby opposes House Bill 3291 and any other bill or legislation that infringes upon a municipality's right to control its rights -of -way. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this /9 day of G� 1998. ATTEST: PATRICIA MARCURIO, CMC Assistant City Clerk I HEREBY CERTIFY that I have aDDmved this RESOLUTION as to MITCHELL S. City Attorney HB3291lrkt ,,Oc�-e ;,;�" - JVE SCHREIBER ayor RECORD OF COW MAYOR SCHREIBER DIST f : COMM. McKAYE DIST 2: VIM MISHKIN DIST 3:COMM. SULTAN DIST 4: CO b M- 8 P.8E 0 VOTE