83-SSRESOLUTION NO. 83-~5
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
BENEFIT TO PROPERTY OR
IN THE CITY OF BOYNTON
'WHICH ARE FINANCED FROM
AD VALOREM TAXES;
COUNTY
BEACH COUNTY,
FLORIDA, TO MECHANISMS
TO FINANCE ~ES PURSUANT TO
SECTION 125.0i(6)(a) and (7) FLORIDA
STATUTES; DIRECTING THE CITY CLERK TO
TRANSMIT A CERTIFIED COPY OF THIS
RESOLUTION TO THE BOARD OF COUNTY
C05~ISSIONERS 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 t~axation 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,
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 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 125e01(6)(a)
Florida Statutes~ the following services are hereby iden-
tified to the Board of County Commissioners of Palm Beach
Countyf Florida, as being rendered specially or exclusively
for the benefit of property or residents in the unincor-
porated areas of the Countyf 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
Building
C.Contractor's Licensing
Planning
E.Zoning
Board of Adjustment
G.Planning Commission
Examining Board
Building Board of Appeals
J.Building Code Advisory Board - Products
Lot clearing
Fair Share Ordinance - Municipal Service Taxing
District
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 iden-
tified 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 unincor-
porated 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°
Ail 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, ease-
ments, 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 deve-
lop 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 taxa-
tion~ assessments~ or service charges on property or resi-
dents within the City of Boynton Beach.
Section 4. The Board of County Commissioners of
Palm Beach Co~nty, Florida, is further petitioned to utilize
to the extent necessary~ Florida Statute 129o021 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 identified in Sections 1
and 2 of this Resolution, for Fiscal Year 1983/84, 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 A'ND ADOPTED THiS _~ day of , 1983.
CITY OF BOYNTON BEACH, FLORIDA
r
Co%ncil Member
ATTEST
Corporate Seal
lcil MembE