HomeMy WebLinkAboutResolution_10-84/85_05/28/1985 RESOLUTION NO. 10 -84/85
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA IDENTIFYING
SERVICES RENDERED BY PALM BEACH COUNTY
WHICH PROVIDE NO REAL AND SUBSTANTIAL BENEFIT
TO PROPERTY OR RESIDENTS WITHIN THE VILLAGE
OF TEQUESTA AND WHICH ARE FINANCED FROM
COUNTYWIDE REVENUES AND AD VALOREM TAXES;
PETITIONING THE BOARD OF COUNTY COMMISSIONERS
OF PALM BEACH COUNTY, FLORIDA TO DEVELOP
APPROPRIATE MECHANISMS TO FINANCE SUCH
SERVICES PURSUANT TO SECTION 125.01(6)(a)
and (7) FLORIDA STATUTES; DIRECTING THE
VILLAGE CLERK TO TRANSMIT A CERTIFIED COPY
OF THIS RESOLUTION TO THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 1(h) of the 1968 revision
to the Constitution of the State of Florida prohibits the taxation
of property situated within municipalities for services rendered
by the County exclusively for the benefit of property or residents
in the unincorporated area of the County; and
WHEREAS, the Florida Supreme Court has determined
the provisions of Article VIII, Section 1(h) are self - executing;
and
WHEREAS, the Florida Supreme Court has further inter-
preted the aforesaid constitutional prohibition to extend to those
facilities and services which are of no real and substantial
benefit to property or residents situated within municipalities;
and
WHEREAS, Section 125.01(6)(a), Florida Statutes,
provides procedures for the governing body of a municipality
to petition the Board of County Commissioners for relief from
above described conditions; and
WHEREAS, Section 125.01(7), Florida Statutes, requires
Boards of County Commissioners to expend all County revenues,
excepting those obtained specially from or on behalf of a municipal
service taxing unit, special district, unincorporated area,
service area, or program area, for countywide services, programs
and projects, and
WHEREAS, the Village of Tequesta has conducted a
study which identifies and itemizes services rendered by Palm
Beach County, financed by countywide revenues and ad valorem
taxes, and which provide no real and substantial benefits to
residents and taxpayers of the Village of Tequesta,
NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA as follows:
Section 1 . That pursuant to Section 125.01(6)(a)
Florida Statutes, the following services are hereby identified
to the Board of County Commissioners of Palm Beach County,
Florida, as being rendered specially or exclusively for the
benefit of property or residents in the unincorporated areas
of the County, and /or as being of no real and substantial benefit
to property or residents located within the Village of Tequesta,
Florida and therefore should continue to be financed from
unincorporated revenues:
A. Municipal Service Taxing District Administration
B. Building
C. Contractor's Licensing
D. Planning
E. Zoning
F. Board of Adjustment
G. Planning Commission
H. Examining Board
I. Building Board of Appeals
J. Building Code Advisory Board - Products
K. Lot Clearing
L. Fair Share Ordinance - Municipal Service
Taxing District
M. Abandoned Auto Disposal
N. County Fire Control
0. Engineering - Land Development
Section 2 . That pursuant to Section 125.01(6)(a)
Florida Statutes, the following services are hereby identified
to the Board of County Commissioners of Palm Beach County,
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Florida, as being rendered specially or exclusively for the
benefit of property or residents in the unincorporated areas
of the County, and /or as being of no real and substantial benefit
to property or residents located within the Village of Tequesta
although financed from countywide revenues:
A. All costs of Sheriff's Road Patrol including
related administrative and overhead expenses.
B. All costs of the Detective and Investigations
Division as provided by the Sheriff's Department
including related administrative and overhead
expenses.
C. All costs of services for the construction and
maintenance of local unclassified County roads
and bridges, such as subdivision streets, roads,
bridges, alleys, rights -of -way, easements, unpaved
roads, and shell rock roads; including Engineering;
Administration; Construction Coordination; Survey;
Design; Land Acquisition; Land Development;
Traffic Control; Signage; Striping and Drainage;
including all direct and indirect administrative
and overhead expenses.
D. Parks and Recreation Department construction
and maintenance of neighborhood parks and recreation
areas including all direct and indirect administra-
tive and overhead expenses.
Section 3 . That the Board of County Commissioners
of Palm Beach County, Florida, is hereby petitioned to develop
appropriate mechanisms and take appropriate actions under the
provisions of Section 125.01(6)(a), Florida Statutes, to finance
the aforesaid services, facilities and activities from revenues
other than those derived from taxation, assessments, or service
charges on property or residents within the Village of Tequesta.
Section 4 . The Board of County Commissioners of
Palm Beach County, Florida, is further petitioned to utilize
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to the extent necessary, Florida Statute 129.021 to secure
additional appropriate data from various County Officers.
Section 5 . The Board of County Commissioners of
Palm Beach County, Florida, is petitioned to return to the
Village of Tequesta the amount of taxes, service charges and /or
other revenues paid by residents and taxpayers of the Village
of Tequesta as well as all other revenues excepting those revenues
obtained specially from or on behalf of a municipal service
taxing unit, special district, unincorporated area, service
area, or program area, as set forth in Florida Statute 125.01(7),
to the extent utilized to finance services identified in Sections
1 and 2 of this Resolution, for Fiscal Year 1985 -86, and for
each ensuing Fiscal Year, until such time as alternate financing
mechanisms have been implemented and "double taxation" conditions
have ceased to exist.
Section 6 . The Village Clerk is hereby directed
to transmit a certified copy of this Resolution to the Board i
of County Commissioners of Palm Beach County, Florida.
Section 7 . This Resolution shall take effect immediately
upon adoption.
THE FOREGOING RESOLUTION was offered by Councilmember
W. Har Mapes, Jr. , who moved its adoption. The Resolution
was seconded by Councilmember A rthur R. Murphy and
upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Ji ll Gemino
Edward C. Howell
W. Harvey Mapes. Jr. —
Ar thur R. Murphy _
Carlton D. Stoddard
The Mayor thereupon declared the Resolution duly
passed and adopted this 28th day of May , 1985.
MA R OF TEQUESTA
X _
ATTEST: Carlton D. Stoddard
Cyrese olbert, Village Clerk
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