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Res 58-98 RESOLUTION NO. 58-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING REVISION #10 TO THE FLORIDA CONSTITUTION, AND ENCOURAGING OUR CITIZENRY TO VOTE YES TO THIS REVISION. WHEREAS, the Constitution Revision Commission (CRC) has proposed Revision #10, which amends Article VII,s.3(a), (f) and (g) of the Florida Constitution; and WHEREAS, this revision contains several issues of importance to cities, namely ex parte communications and revisions to tax exemptions; and WHEREAS, if passed by the electorate, Revision #10 would provide greater local fiscal flexibility and unrestricted citizen access to local officials; and WHEREAS, under the Constitution, the state and counties are immune from taxation, while municipalities are exempt only to the extent their property is used exclusively for public purposes; and WHEREAS, a 1997 Florida Supreme Court decision mandates municipally owned sports facilities, airports and seaports to pay a property tax in addition to lease payments and intangible taxes on leased property; and WHEREAS, Revision #10 authorizes the Legislature to exempt property of certain municipal and special district property when such land is used for airport, seaport, or public purposes; and WHEREAS, the cost of collecting tangible personal property tax on mobile home attachments, furnishings, and fixtures on rental housing often exceeds the revenues derived from collections; and WHEREAS, Revision #10 gives local governments the option of collecting personal property tax for attachments to mobile homes and certain residential rental furnishings; and WHEREAS, Revision #10 assures citizens the unrestricted access to their locally elected officials to discuss issues likely to be decided by the officials; and ~ER~S, this package of reform proposals would serve municipal governments well and all cities should work with their citizens to help public understanding of Revision #10 and the many benefits contained therein. NOW, THEREFORE, BE IT RESOLED BY THE CITY CO~ISSION OF THE CITY OF DEL~Y BEACH, FLORIDA, AS FOLLOWS: Section 1: That the City of Delray Beach does hereby support and endorse passage of Revision #10 to the Florida Constitution, and urges its citizenry to vote yes on this instrumental resolution. Section 2: This resolution shall take effect immediately upon passage and the City Clerk shall provide copies to the Florida League of Cities and the Yes On 10 Committee. PASSED AND ~OPTED in regular session on this 15th day of Septe~er, 1998. ATTEST: City Clem ' 2 Res. No. 58-98 £1TV IIF DELRrI¥ BErI£H pe, L%a~. B,eaF~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 Ali.Am.fica City 1993 October 2, 1998 Kelvin Robinson, Director Legislative & Public Affairs Florida League of Cities, Inc. P.O. Box 1757 Tallahassee, FL 32302-1757 Re: Revision #10 to the Florida Constitution Dear Mr. Robinson: Attached for your information is a copy of Resolution No. 58-98 supporting Revision #10 to the Florida Constitution and encouraging our citizenry to vote 'Yes' to this revision on the November 3, 1998, general election ballot. Resolution No. 58-98 was passed and adopted by unanimous vote of the Delray Beach City Commission in regular session on September 15, 1998. If you have any questions, please do not hesitate to contact me at 561/243-7050. Sincerely, Alison MacGregor Harry City Clerk AMH/m Attachment THE EFFORT ALWAYS MATTERS (~ Printed on Recycled Paper MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/~I SUBJECT: AGENDA ITEM ~[ - REGULAR MEETING OF SEPTEMBER 15, 1998 RESOLUTION NO. 58-98 IN SUPPORT OF REVISION ~10 TO THE FLORIDA CONSTITUTION DATE: SEPTEMBER 10, 1998 Resolution No. 58-98 supports Revision #10 to the Florida Constitution. It is one of nine revisions recommended by the Constitution Revision Commission and will be put to Florida's voters on the November, 1998, ballot. Revision #10 is strongly endorsed by the Florida League of Cities. The League's position is that Revision 10 will benefit Floridians in numerous ways, including: (1 Stops a new tax by prohibiting tax assessments for property that is used for governmental purposes; (2 Encourages land conservation by allowing cities and counties to grant property tax exemptions for lands that are used for conservation; (3 Creates a fair tax system by allowing counties to grant tax exemptions for personal property, such as appliances and furnishings, in mobile homes and rental housing; and (4 Ensures citizens access to local officials by removing court imposed restrictions that prevent citizens from talking with their local officials outside of official hearings. At the September 8th workshop, the City Commission directed that a formal resolution be prepared and placed on the September 15th agenda for approval. Recommend approval of Resolution No. 58-98 in support of Revision #10 to the Florida Constitution. ref:agmemo9 LEAGUE OF CITIES INC. Memorandum To: City Managers/City Clerks From: Kelvin Robinson, Director Legislative & Public Affairs Date: August 28, 1998 Re: Vote "YES" on 10 Educational Materials As you may know, several constitutional revisions will be placed on the upcoming November ballot. Among those is Revision 10. Revision 10 is a League-supported constitutional change that, if approved by Florida voters, will, among other things: · Eliminate taxes for property that is used for governmental or city purposes; · Allow counties and cities to waive property taxes for lands used for conservation; · Allow counties to waive taxes for tangible personal property such as appliances and furnishings in mobile homes; and · Allow citizens to communicate with local officials outside of local heatings about land- use issues. These are important issues for cities. We need your support and we need your help in getting the word out to your citizens to VOTE YES! To better assist you with understanding what Revision 10 does we are sending you this educational packet which includes: · "Yes on 10" brochure · "Yes on 10" poster · "Yes on 10" talking points · "Yes on 10" bumper stickers · "Yes on 10" buttons · "Yes on lO" sample resolution We are requesting that every city pass a resolution/proclamation supporting Revision 10 and that you use every opportunity to voice your support of this revision to the media and your community. 301 South Bronough Street , Post Office Box 1757 · Tallahassee, FL 32302-1757 Telephone (850) 222-9684 · Suncom 278-5331 , Fax (850) 222-3806 , Internet: http://fcn.state.fl.us/flc/ Page 2 Vote "YES" on 10 Educational Materials The talking points may be used for speeches when addressing civic groups or clubs. You can wear your button, hang the poster in city hall and display the bumper stickers in prominent places. Let us know if you need additional information or materials on Revision 10. Remember, it is important that we all work hard to see that Revision 10 passes in November. IfI can be of further assistance, please feel free to contact me or my assistant Carol Dixon at the League, (800) 616-1513, ext. 137. Thank you. /cid. Enclosures Filenam¢: Yes on Ten First Memo.doc Yes on 10 -. .Talking Points Every 20 years, we as Floridians have a remarkable opportunity - one that residents of no other state enjoy. We have the chance to revise our state Constitution, Florida's most important document. It is an opportunity to improve the very foundation of our government - to improve our lives and ensure a better future for all Floridians. Florida established the Constitution Revision Commission to review the Constitution and suggest changes based on input from citizens. The Constitution Revision Commission, made .up of professionals, legal scholars, community leaders and others, recommended nine revisions. They will be placed on the November ballot for voters to decide which to approve. Among the best of the bunch is Revision 10. What does Revision 10 do? It... Stops a new tax by prohibiting tax assessments for property that is used for governmental purposes. Encourages Land conservation by allowing cities and counties to grant property tax exemptions for lands that are used for conservation. Creates a fair tax system by allowing counties to grant tax exemptions for personal property - such as appliances and furnishings - in mobile homes and rental housing. Ensure citizens access to local officials by removing court imposed restrictions that prevent citizens from talking with their local officials outside of official hearings. So how would Revision 10 benefit us as Floridians? First, it stops a "new" tax. Currently, cities don't pay taxes on public properties like airports and seaports. Recently, however, the Flor/da Supreme Court allowed a tax to go into effect that would mean cities will have to start paying taxes on these public properties. (Over) This tax burden, of course, would ultimately fall on citizens - unless Revision 10 is approved. Second, Revision 10 will preserve our most valuable lands for future generations. Revision 10 allows local governments to give tax breaks to property owners when they use their land for conservation purposes. This is critical because - as we all know - the state simply can't afford to conserve all of Florida's sensitive lands. Revision 10 is our best hope of preserving these pristine lands before they are gone. Third, Revision 10 creates a fairer tax system. Currently, mobile-home owners must pay property taxes on items that are in their home - such as refrigerators - just because their home can be moved. Revision 10 would treat mobile-home owners the same as other homeowners. And it would eliminate the costs of collecting the tax - which often can exceed the small amount that's actually collected. In short, this could save all of us money. Finally, Revision 10 helps open the lines of communications between citizens and their elected representatives. As you may know, Florida's courts have interpreted some Sunshine Laws in ways that keep citizens from talking with local officials except during public hearings. This revision would allow taxpayers to talk to officials...without violating the law. The bottom line is this: Revision 10 is good for our cities, our state and our citizens. Our challenge now is to get the word out to the citizens of Florida. The more people who know about Revision 10, the more people who will vote for'it. It truly is a Perfect 10. File name:/Yeson 10.doc