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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-118Temp. Reso # 9000 - May 1, 2000 Page 1 CITY OF TAMARAC RESOLUTION NO. R-2000- (I $ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, OPPOSING UNITED STATES CONGRESSIONAL ACTION EXTENDING THE CURRENT INTERNET TAX MORATORIUM; DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO THE UNITED STATES SENATORS AND REPRESENTATIVES REPRESENTING THE CITY OF TAMARAC FOR CONSIDERATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, out-of-state remote sellers who conduct sales via the Internet, mail order, and phone are not required by law to collect existing sales and use taxes imposed by state and local governments; and WHEREAS, the primary barrier to collecting taxes on remote sales is the United States Supreme Court's ruling in Quill v. North Dakota, which defers to the United States Congress to authorize states to require remote sellers to collect taxes in a manner that does not unduly burden interstate commerce; and WHEREAS, there is a current moratorium on Internet Tax imposed by the United States Congress; and WHEREAS, an extension of the current moratorium on Internet Tax is proposed through United States Senate Bill S. 2255 (attached hereto as Exhibit A); and WHEREAS, current laws create a competitive disadvantage and great inequities between merchants who sell from traditional "brick and mortar" establishments and those who sell from electronic stores; and Temp. Reso # 9000 - May 1, 2000 Page 2 WHEREAS, increasing sales on the Internet, and the resulting erosion of sales and use tax revenues, will limit the ability of states and local governments to finance essential public services such as police, fire, emergency medical service, education, social services, infrastructure development and healthcare; and WHEREAS, the United States Advisory Commission on Electronic Commerce failed to reach legally required consensus on fair and equitable treatment of both remote sellers and "brick and mortar" establishments; 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 oppose United States Congressional action extending the current Internet Tax moratorium. 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 Commission of the City of Tamarac opposes United States Congressional action extending the current Internet Tax moratorium. E Temp. Reso # 9000 - May 1, 2000 Page 3 1 Section 3: That the City Clerk is directed to send a copy of this resolution to the United States Congressional Senators and Representatives representing the City of Tamarac for consideration. Section 4: That all resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5: That if any clause, section, other part of 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: That this Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this e day of I_) , 2000. ATTEST: MARION S ENSON INTERIM CITY CLERK HEREBY CERTIFY that I have Ap rovid this Resoluiion4s RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN MI HELL K A T DIST 3: COMM. SULTANOF U CITY ATTOR E DIET 4: VIM ROBERTS