82-BBBRESOLUTION NO. 82-~ ~
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA IDENTIFYING
SERVICES RENDERED BY PALM BEACH COUNTY
WHICH PROVIDE NO REAL AND SUBSTANTIAL
BENEFIT TO PROPERTY OR RESIDENTS WITHIN
THE CITY OF BOYNTON BEACH AND WHICH ARE
FI~-ANCED 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; DIRECT-
ING THE CITY 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 l(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 l(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 125.0t(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
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WHEREAS, the City of Boynton Beach 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 City of Boynton Beach.
NOWt THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BOYNTON BEAC~ FLORIDA:
Section t. That pursuant to Section 125o01(6) (a) Florida
Statutes, the following services are hereby identified to ~he
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 City of Boynton Beach, 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 !25.01(6~i~a) Florida
Statutes, the following services are hereby identified to the
Board of County Commissioners of Palm Beach County, Florida, as
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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 City of Boynton Beach, Florida although finance(
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 a~ministrative 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 City of Boynton Beach.
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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 appropriat~
data from various County Officers.
seCtion 51
The Board of County Commissioners of Palm Beac~
County, Florida, is petitioned to return to the City of Boynton
Beach the amount of taxes, service charges and/or other revenues
paid by residents and taxpayers of the City of Boynton Beach 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.
Section 6. The City 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.
PASSED AND ADOPTED THIS 17th day of August, 1982.
CITY OF BOYNTON BEACH, FLORIDA
/~ e yor ....
ATTEST:
City Cler~
(Corp. Seal)
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