97-070 RESOLUTION NO. 97-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, EXPRESSING OPPOSITION
TO THE INTERNET TAX FREEDOM ACT (S 442), THE
PRIVATE PROPERTY RIGHTS IMPLEMENTATION ACT
OF 1997 (HR 1534), AND THE PROPERTY OWNERS
ACCESS TO JUSTICE ACT OF 1997 (S 1204) AS
PRESENTLY PROPOSED BY UNITED STATES
CONGRESSIONAL SUBCOMMITTEES; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, this City Council opposes passage of the Intemet Tax Freedom Act
(S442), as presently under consideration by subcommitte of the United States
Congress, as it would prohibit state and local governments from collecting revenues on
electronic transactions on the Internet or other on-line services, both existing and future
taxes; discriminate against local merchants and reduce state and local revenues; and
preempt state and municipal authority to collect sales and other taxes comparable to
those collected from local merchants providing the same goods and services to our
citizens and businesses; and
WHEREAS, this City Council opposes passage of the Private Property Rights
Implementation Act of 1997 (HR 1534) and the Property Owners Access to Justice Act
of 1997 (S 1204) as presently under consideration by subcommittes of the United
States Congress as they would significantly increase municipal legal costs and liability
by permitting developers and other claimants to file suit in federal court before
exhausting administrative remedies or state court actions for alleged "takings"; provide
developers with a significant tool to threaten local governments with costly litigation,
Resolution No. 97-70
Page 2
litigation,imposing a new, unfunded federal mandate and federal intrusion in purely
local issues; and give federal courts the authority to hear arguments and make
decisions that are legitimately the domain of state and local courts
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. This Council opposes the passage of the Internet Tax Freedom Act
(S 442), the Private Property Rights Implementation Act of 1997 (HR 1534) and the
Property Owners Access to Justice Act of 1997 (S 1204) as presently under
consideration by subcommittes of the United States Congress as they would not be in
the best interests of the citizens of the City of Aventura.
Section 2. This City Council urges the Senate Judiciary Committee, members of
the House of Representatives and U. S. Senate to vote against these bills as presently
proposed.
Section 3. The City Manager is hereby directed to forward a copy of this
Resolution to the members of the Congressional Delegation, the Senate Judiciary
Committee and the National League of Cities, Inc.
Section4. This Resolution shall become effective immediately upon its
adoption.
Resolution No. 97-70
Page 3
The foregoing Resolution was offered by Councilmember Berger, who moved its
adoption. The motion was seconded by Coun¢ilmember Cohen, and upon being put to
a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Vice Mayor Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert absent
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 7th day of October, 1997~
ARTHUR I. SNYDE~R, MAYOR
Al-rEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
C~,,ATTORNEY
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