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HomeMy WebLinkAboutResolution_03-81/82_10/13/1981 r • • RESOLUTION NO. 3 -81/82 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PETITIONING THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, PURSUANT TO SECTION 125.01 (6)(a) AND (7), FLORIDA STATUTES, TO PROVIDE RELIEF FROM TAXES LEVIED UPON PROPERTY SITUATE WITHIN THE VILLAGE OF TEQUESTA TO FINANCE SERVICES RENDERED SPECIALLY FOR THE BENEFIT OF THE PROPERTY OF RESIDENTS IN UNINCORPORATED AREAS OF PALM BEACH COUNTY BY REMITTING TO THE VILLAGE OF TEQUESTA THE IDENTIFIED COST OF SUCH SERVICES LEVIED AND COLLECTED DURING THE 1977 -78, 1978 -79, 1979 -80 AND 1980 -81 FISCAL YEARS, AND BY FINANCING SUCH SERVICES FROM REVENUES DERIVED SPECI- FICALLY FROM OR ON BEHALF OF A MUNICIPAL SERVICE TAXING UNIT, SPECIAL DISTRICT, UNINCORPORATED AREA, SERVICE AREA OR PROGRAM AREA, OR BY ANY OTHER LAWFUL METHOD, DURING THE 1981 -82 FISCAL YEAR; AND FOR OTHER PURPOSES. WHEREAS, Section 125.01(6)(a), Florida Statutes, estab- lishes the method and procedure by which the governing body of a municipality may petition the Board of County Commissioners to develop an appropriate mechanism to finance services and activities rendered specially for the benefit of the property or residents in unincorporated areas and financed from county -wide revenues; and WHEREAS, Section 125.01(7), Florida Statutes (1979), prohibits the use of county revenues to fund any service or project provided by the County where no real and substantial benefit accrues to the property or residents within a municipality or municipalities except county revenues derived specifically from or on behalf of a municipal service taxing unit, special district, unincorporated area service area or program area; and WHEREAS, the Village Council of the Village of Tequesta, a municipality within Palm Beach County, Florida, has previously petitioned the Board of County Commissioners of Palm Beach County to develop an appropriate mechanism to finance the activities and services identified herein either by taxes, special assessments or service charges levied solely upon residents or property in the unincorporated areas of Palm Beach County, by the establishment of a Municipal Service Taxing or Benefit Unit pursuant to Section 125.01(1)(q), Florida Statutes, or by remitting to the Village of Tequesta the identified cost of said services paid by the taxes levied upon property situate within the Village of Tequesta; and WHEREAS, the Board of County Commissioners is now engaged in activities preparatory to the adoption of its budget for the 1980 -81 fiscal year; and WHEREAS, the Village of Tequesta, Florida, has, and does hereby find and determine that the services described in Section 1 below, now financed from county -wide revenues are rendered speci- fically for the benefit of the property or residents in the unincor- porated areas and the property owners in the Village of Tequesta receive no real or substantial benenfits from said services, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows: Section 1 . The Village Council of the Village of Tequesta, Palm Beach County, Florida, pursuant to Section 125.01 (6)(a), Florida Statutes, does hereby petition the Board of County Commissioneers of Palm Beach County, Florida, to remit to the Village of Tequesta the identified cost of the activities and services set forth below paid by the taxes levied upon property situate within the Village of Tequesta for the 1977 -78, 1978 -79, 1979 -80 and 1980 -81 fiscal years, said activities and services being rendered specially for the benefit of the property or residents in unincorporated areas of Palm Beach County and of no real or substan- tial benefit to the property in or residents of the Village of Tequesta, as follows: 1. Law enforcement rendered through the Sheriff's Road Patrol including the overhead, communications and administration related thereto. 2. The Sheriff's investigative unit, including the overhead, communications and administration related thereto. 3. Erection and maintenance of traffic signs and signals. 4. Erection and maintenance of street identification signs. 5. Operation of the County Planning, Zoning and Building Department. 6. Construction and maintenance of neighborhood parks and recreation areas. 7. Construction and maintenance of subdivision street system. 8. Construction and maintenance of the County local road and bridge system. 9. Maintenance of shellrock roads. 10. Installation and maintenance of street lighting systems. 11. Construction and maintenance of storm drainage systems as it relates to local road systems. 12. Administration of solid waste collection systems. 13. Administration of land development programs. 14. Planning, acquisition, construction, maintenance and operation of water and sani- tary sewer utility systems. 15. Rural lot cleaning program. 16. Expenditures by the County Engineer's office for subdivision review, and for construc- tion and maintenance of local roads outside of municipalities. 17. All above costs of services include appropriate payroll overhead, supervision, administration, capital and overhead costs; indeed the costs of accounting, purchasing, personnel, building maintenance, capital amortization and other similar direct and indirect costs of providing services. Section 2 . The Village Council of the Village of Tequest further petitions the Board of County Commissioners of Palm Beach County to finance all of the activities and services set forth in Section 1 of this Resolution by taxes, special assessments or service charges levied solely upon residents or property in the unincorporated areas of Palm Beach County, or by the utilization of the existing Municipal Service Taxing Unit to levy ad valorem taxes upon property in the unincorporated areas of Palm Beach County to finance those activities and services during the 1981 -82 fiscal year and all subsequent fiscal years. • • Section 3 . The Village Clerk is hereby directed to file a certified copy of this Resolution with the Palm Beach County Clerk and to deliver a copy to each of the County Commissioners of Palm Beach County and the County Administrator. THE FOREGOING RESOLUTION was offered by Councilmember Stoddard , who moved its adoption. The Resolution was seconded by Councilmember Brown and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Carlton D. Stoddard Lee M. Brown Leslie A. Cook Thomas J. Little W. H. Mapes, Jr. The Mayor thereupon declared the Resolution duly passed and adopted this 13t rday of October 1981. MAYOR OF TEQUESTA ATTEST: Vil age Clerk