Loading...
HomeMy WebLinkAboutResolution_10-82/83_06/28/1983 RESOLUTION N0. 10 -82/83 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 interpreted 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 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, 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 admin- istrative and overhead expenses. -2- 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 administrative 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 to the extent necessary, Florida Statute 129.021 to secure additional appropriate data from various County Officers. Sec 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 1983 -84, -3- • 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 of County Commissioners of Palm Beach County, Florida. Se ction 7 . This Resolution shall take effect immediately upon adoption. THE FOREGOING RESOLUTION was offered by Councilmember 4 Thomas J. Beddow who moved its adoption. The Resolution was seconded by Councilmember Thomas J. Little and upon being put to a vote, the vote was as follows: FOR ADOPTIO AGAINST ADOPTI Thomas J. Beddow Lee M. Brown Thomas J. Little Carlton D. Stoddard The Mayor thereupon declared the Resolution duly passed and adopted this 28th• day of June 1983. MAYOR OF TEQUESTA Carlton D. Stoddard ATTEST: Cyres Colbert Village Clerk -4-