HomeMy WebLinkAboutResolution_20-81/82_08/24/1982 RESOLUTION NO. 20 -81/82
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 IN 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 situtated
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 is conducting a study which will
identify and itemize 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, FLORIDA:
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, 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. County Fire Control
N. 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, Florida 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 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.
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 1982 -83, and for each
ensuing fiscal year, until such time as alternate financing mechanisms have
been implemented and "double taxation" conditions have ceased to exist.
° r F � •
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.
Section 7 . This Resolution shall take effect immediately upon
adoption.
THE FOREGOING RESOLUTION was offered by Councilmember
Thomas J. Beddow who moved its adoption. The Resolution was
seconded by Councilmember Lee M. Brown and upon
being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Thomas J. Beddow
Lee M. Brown
Thomas J. Little
Carlton D. Stoddard
The Mayor thereupon declared the Resolution duly passed and adopted
this 24 day of August , 1982.
MAYOR OF TEQUESTA
Carlton D. Stoddard
ATTEST:
Villa Clerk