HomeMy WebLinkAboutR-90-03RE$0LU?ION NO. R-90-03
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, URGING THE CITIZENS OF SEBASTIAN TO
SUPPORT THE CONSTITUTIONAL AMENDMENT #3 ON THE NOVEMBER
1990 BALLOT LIMITING UNFUNDED STATE MANDATES ON CITIES
AND COUNTIES, REPEALING RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS since 1981, the Florida Legislature has placed 288
unfunded mandates upon cities and counties in Florida with over
86 percent having an undetermined fiscal impact on cities and
counties; and
WHEREAS, "unfunded mandates" are governmental actions
required of cities and counties by state law without adequate
funding resources; and
WHEREAS, cities and counties are continuously forced to
adjust local service priorities, and raise local taxes and user
fees to pay for such unfunded state mandated programs; and
WHEREAS, cities and counties are forced to pass these
increased costs for delivery of state-mandated programs to the
citizens; and
WHEREAS, the Florida Constitution pre-empts all taxing
sources to the state (except ad valorem property taxes) it
becomes irresponsible for state government to require and mandate
programs to other governments without sharing the fiscal
responsibility and political consequences of their actions ; and
WHEREAS, there can be no certainty and predictability in the
growth planning process if the state can continue to mandate new
and expensive programs without regard to adequate funding; and
WHEREAS, the priorities and programs of local citizens of
cities and counties have often been curtailed when limited local
funds have to be diverted to pay for a state mandated program;
and
WHEREAS, the state constitution "pre-empts" all taxing powers
to the state (other than local property taxes) and the state has
been unwilling to allow sufficient local discretionary taxing
powers directly to municipalities and has refused to adjust
unfair and antiquated formula allocations of revenue-sharing
programs; and
WHEREAS, unfunded mandates are not fair to the local
property owner or the locally elected official who is tryinG to
address local priorities and problems with a limited amount of
financial resources; and
WHEREAS, durinG the 1988 LeGislative Session nearly 100
members of the LeGislature cosigned or supported a proposed
constitutional amendment to limit the LeGislature's ability to
mandate programs and costs to city and county Governments; and
WHEREAS, durinG the 1989 LeGislative Session a proposed
amendment to the constitution was passed to give Florida citizens
an opportunity to vote in 1990 on a proposal that would limit
unfunded state legislative mandates on cities and counties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
Section 1. That the City of Sebastian calls upon all
citizens of the city to become aware of the seriousness of
unfunded mandates and to be prepared to support the amendment to
the Florida state constitution on the matter that will appear on
the ballot in the November 1990 election.
Section 2. Ail Resolutions or parts of Resolutions in
conflict herewith are hereby repealed.
Section 3. This Resolution shall take effective
immediately upon its adoption.
The foreGoinG /~esolution was moved for adoption by
Councilman 'i~~ . The motion was seconded by
Councilman - ' (_)_~F~k_..----and, upon beinG put to a vote,the
vote was as follows:
Mayor Richard B. Votapka
Vice Mayor Robert McCarthy
Councilman Robert McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
2
The Mayor thereupon declared this Resolution duly passed and
adopted this ~ day of ~,~~~_ , 1990.
CITY OF SEBASTIAN, FLORIDA
By: Richard B. Votapka, Mayor
ATTEST:
Kat~ryn,/~ O'Halloran,' cMC/AAE
City Cl~rk
Approved a~,to Form and Content:
Charle~~'I. Nash, City Attorney
3