96-057 RESOLUTION NO. 96-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, URGING THE GOVERNOR OF
THE STATE OF FLORIDA, THE FLORIDA LEGISLATIVE
DELEGATION, THE MEMBERS OF THE FLORIDA
TELECOMMUNICATIONS TAXATION TASK FORCE AND
THE FLORIDA LEAGUE OF CITIES TO PROTECT THE
TRADITIONAL REVENUES THAT ARE ASSOCIATED
WITH LOCAL CONTROL WITHIN THE
TELECOMMUNICATIONS INDUSTRY AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Aventura, Florida has made the
following determinations:
1. The telecommunications industry has made dramatic impact on the federal
legal framework governing telecommunications, as well as the authority of
local government entities, by the passage of the Telecommunications Act of
1996.
2. Overall, the intent of the Act is the development of competition in the
telecommunications market to provide long distance telephone service, as
well as cable television service, audio services, video programming services,
interactive telecommunications and internet access.
3. Similarly, long distance providers, cable operators, and utility companies are
now permitted to offer local exchange telephone service, as well as all of the
other telecommunications services referred above.
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4. This City Council is concerned with how taxes would be allocated locally, and
how the costs of administration at the state level would be paid.
5. This City Council believes, most certainly, that the amounts of monies
received by the City of Aventura would significantly decrease and taking
away any ability of the City of Aventura to levy franchise fees minimizes the
amount of oversight and control over the public right-of-ways traditionally
reserved to the City.
6. The hold harmless formula utilized to determine the tax is unfair to newly-
incorporated cities that did not collect utility tax and franchise fee proceeds in
the prior fiscal year.
7. The City of Aventura stands to lose $800,000 in revenue based on the
Telecommunications Tax Task Force proposal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. This City Council urges the Governor of the State of Florida, the
Florida Legislative Delegation, the Florida Telecommunications Taxation Task Force,
and the Florida League of Cities to protect the traditional and potential revenues that
ara associated with local control within the telecommunications industry by:
a. supporting the continued authority for cities to manage and determine
compensation for the use of public rights-of-way;
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b. supporting legislation that recognizes the dedicated funding purpose of each
revenue source;
c. supporting the continued authority of cities to utilize cable and
telecommunication franchise fees and tax revenues at their discretion;
d. supporting legislation that eliminates tax inequities; taxes functionally
equivalent services similarly regardless of the service provider; providing
uniformity among similar state and local government taxes; and providing
comprehensive definitions to account for the development of new cable and
telecommunications products and services;
e. supporting legislation preserving cities' ability to collect and audit franchise
fee and tax revenues implemented under cities' jurisdiction.
Section 2. The City Manager is hereby directed to forward a copy of this
Resolution to the Governor of the State of Florida, the Florida Legislative Delegation,
the members of the Florida Telecommunications Taxation Task Force, and the Florida
League of Cities.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember Rogers-Libert, who
moved its adoption. The motion was seconded by Councilmember Perlow, and upon
being put to a vote, the vote was as follows:
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Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Pedow 7es
Councilmember Patricia Rogers-Libert yes
Vice Mayor Arthur Berger yes
Mayor Arthur I. Snyder absent
PASSED AND ADOPTED this 3rd day of December, 1996.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms