84-WWA 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 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 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 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 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 125.01(6)(a), Florida Statutes, pro-
vides 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 muni-
cipal service taxing unit, special district, unincorporated
area, service area, or program area, for countywide services,
programs and projects; and
WHEREAS, the City of Boynton Beach 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 City of Boynton Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That pursuant to Section 125.01(6)(a)
Florida Statutes, the following services are hereby identified
to the Board of County Commissi°ners 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, 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
O. 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 City of
Boynton Beach 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 admin-
istrative 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.
Section 4. The Board of County Commissioners of Palm
Beach County, Floridat 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 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 iden-
tified in Sections 1 and 2 of this Resolution, for Fiscal Year
1984/85, 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, Plorida.
Section 7. This Resolution shall take effect imme-
diately upon adoption.
PASSED AND ADOPTED THIS _~ day of June, 1984o
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
C~ty ~rk
(Corporate Seal)