Loading...
Res 16-05 (' /',\ I RESOLUTION NO. 16-05 A RESOLUTION OF THE CI1Y OF DELRA Y BEACH STATING THE CI1Y'S INTENT TO INITIATE THE CONFLICT RESOLUTION PROCEDURES OF CHAPTER 164, FLORIDA STATUTES, REGARDING A CONFLICT WITH PALM BEACH COUN1Y; PROVIDING FOR SEVERABILI1Y; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE WHEREAS the City Council of the City of Dekay Beach desires to initiate the conflict resolution procedures of Chapter 164, Florida Statutes, also known as the Florida Governmental Cooperation Act, with regard to a conflict with Palm Beach County ("County") concerning the funding of the County's fire rescue dispatch system (the "County Dispatch System") through countywide revenues and the potential imposition of the County Dispatch System upon the City of Delray Beach (the "City"); WHEREAS the County operates its countywide fire rescue dispatch system (the "County Dispatch System") to handle all incoming 911 calls from the County's unincorporated areas (and from municipalities that contract to use the County Dispatch System); WHEREAS the County Dispatch System is a service and/or program that has been rendered specifically for the benefit of the property and or residents in unincorporated areas of the County (and from municipalities that contract to use the County Dispatch System); WHEREAS the City operates its own independent dispatch system that provides direct fire rescue dispatch services within the City (the same type of services that the County Dispatch System provides) and provides direct police dispatch services (something the County Dispatch System does not do); WHEREAS the City has not utilized, and does not intend to utilize, the County Dispatch System; WHEREAS the County, on~.ôO 2004, approved its budget for the 2005 Fiscal Year, which provided that approximately $3.2 million of countywide revenues will be utilized to fund the County Dispatch System; (" /,\ I WHEREAS such general funds consist of County revenue derived from all of the County's residents even though the residents and properties within the City do not utilize or derive any benefit from the County Dispatch System; WHEREAS The County's Dispatch System is duplicative and does not provide a real and substantial benefit to the taxpayers in the City (who are already paying the City to provide the same services); WHEREAS the funding of the County's Dispatch System through countywide revenues amounts to double taxation in violation of Article VIII §1(h) of the Florida Constitution and Section 125.01(6) and (1), Florida Statutes; WHEREAS the City, contemporaneously with the instant resolution, passed another resolution pursuant to Section 125.01(6), Florida Statutes, identifying the County Dispatch System as being financed from countywide revenues and being rendered specifically for the benefit of the county's unincorporated areas; WHEREAS the City passed a resolution pursuant to Section 125.01(6), Florida Statutes, authorizing the filing of a petition to the Board of County Commissioners for Palm Beach County relating to the improper financing for the County Dispatch Service; NOW, THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS, Section 1. The City Commission of the City of Dekay Beach hereby declares its intent to initiate the conflict resolution procedures of Chapter 164, Florida Statutes with regard to a conflict with the County regarding the funding of the County Dispatch Service through countywide revenues. Section 2. The issues of conflict with the County regarding the funding of the County Dispatch Service, sought to be resolved are: (a) The County cannot fund the County Dispatch Service with countywide revenues derived from the County's residents, including those residents in the City; (b) The City does not derive any real and substantial benefit from the County Dispatch System; and (c) The County must reimburse the City for the City's proportionate share of the County's past expenditures of countywide funds for the County Dispatch Service. Section 3. The City Clerk is authorized and directed, within 5 days of the passage of this 2 Res. 16-05 (' /,\ ¡ resolution, to provide a letter and a certified copy of this resolution by certified mail, return receipt, to the Manager of the County. Section 4. If any section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. Section 5. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. Section 6. This resolution shall take effect immediately upon adoption. \~ PAS~ ADOPTED by the City Commission of the City of Dekay Beach this _ day of .2005. CI1Y OF DELRA Y BEACH, FLORIDA ATTEST: ~~.\J~) City Clerk ~Z;~ 3 Res. 16-05 ~ [ITY DF DELRAY IEA£H CITY ATTORNEY'S OFFICE .:'()í\ '\W Iq -,\\'E!\H'E· DELR·'\Y BEACH. FLORIDA 334.4.4. 1TLEPHO,\[: :'1) ¡ '.:'-1- ~-7()()() . F"'..C'>J'vIILE 561/178-4.755 DELRAY BEACH Writer's Direct Line: 561/243-7091 F LOR I D A D.e.I:III All-America City , III I! DATE: 1993 TO: 2001 MEMORANDUM March 14,2005 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Amendment to Consent Aaenda - Resolutions 16-05 and 17-05 Please amend the consent agenda to include Resolution 16-05 and 17-05. Resolution 16-05 pertains to participating in a dispute resolution proceeding with Palm Beach County, and if there is no success, authorizing the filing of a Petition challenging the financing of the County Dispatch Service with County-wide revenues, including those collected in Delray Beach. The City would participate with the City of Boca Raton. Attachments Cc: Chevelle Nubin, City Clerk Diana Grub Frieser, City Attorney of Boca Raton Jamie Cole, Esq. 8N ". RESOLUTION NO. 16-05 A RESOLUTION OF THE CITY OF DELRAY BEACH STATING THE CITY'S INTENT TO INITIATE THE CONFLICT RESOLUTION PROCEDURES OF CHAPTER 164, FLORIDA STATUTES, REGARDING A CONFLICT WITH PALM BEACH COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE WHEREAS the City Council of the City of Delray Beach desires to initiate the conflict resolution procedures of Chapter 164, Florida Statutes, also known as the Florida Governmental Cooperation Act, with regard to a conflict with Palm Beach County ("County") concerning the funding of the County's fire rescue dispatch system (the "County Dispatch System") through countywide revenues and the potential imposition of the County Dispatch System upon the City of Delray Beach (the "City"); WHEREAS the County operates its countywide fire rescue dispatch system (the "County Dispatch System") to handle all incoming 911 calls from the County's unincorporated areas (and from municipalities that contract to use the County Dispatch System); WHEREAS the County Dispatch System is a service and/or program that has been rendered specifically for the benefit of the property and or residents in unincorporated areas of the County (and from municipalities that contract to use the County Dispatch System); WHEREAS the City operates its own independent dispatch system that provides direct fire rescue dispatch services within the City (the same type of services that the County Dispatch System provides) and provides direct police dispatch services (something the County Dispatch System does not do); WHEREAS the City has not utilized, and does not intend to utilize, the County Dispatch System; WHEREAS the County, on 2004, approved its budget for the 2005 Fiscal Year, which provided that approximately $3.2 million of countywide revenues will be utilized to fund the County Dispatch System; WHEREAS such general funds consist of County revenue derived from all of the County's residents even though the residents and properties within the City do not utilize or derive any benefit from the County Dispatch System; WHEREAS The County's Dispatch System is duplicative and does not provide a real and substantial benefit to the taxpayers in the City (who are already paying the City to provide the same services); Res. 16-05 WHEREAS the funding of the County's Dispatch System through countywide revenues amounts to double taxation in violation of Article VIII §1 (h) of the Florida Constitution and Section 125.01 (6) and (7), Florida Statutes; WHEREAS the City, contemporaneously with the instant resolution, passed another resolution pursuant to Section 125.01 (6), Florida Statutes, identifying the County Dispatch System as being financed from countywide revenues and being rendered specifically for the benefit of the county's unincorporated areas; WHEREAS the City passed a resolution pursuant to Section 125.01(6), Florida Statutes, authorizing the filing of a petition to the Board of County Commissioners for Palm Beach County relating to the improper financing for the County Dispatch Service; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS, Section 1. The City Commission of the City of Delray Beach hereby declares its intent to initiate the conflict resolution procedures of Chapter 164, Florida Statutes with regard to a conflict with the County regarding the funding of the County Dispatch Service through countywide revenues. Section 2. The issues of conflict with the County regarding the funding of the County Dispatch Service, sought to be resolved are: (a) The County cannot fund the County Dispatch Service with countywide revenues derived from the County's residents, including those residents in the City; (b) The City does not derive any real and substantial benefit from the County Dispatch System; and (c) The County must reimburse the City for the City's proportionate share of the County's past expenditures of countywide funds for the County Dispatch Service. Section 3. The City Clerk is authorized and directed, within 5 days of the passage of this resolution, to provide a letter and a certified copy of this resolution by certified mail, return receipt, to the Manager of the County. Section 4. If any section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. Section 5. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. Section 6. This resolution shall take effect immediately upon adoption. Res. 16-05 PASSED AND ADOPTED by the City Commission of the City of Delray Beach this day of , 2005. CITY OF DELRA Y BEACH, FLORIDA ATTEST: MAYOR City Clerk Res. 16-05 RESOLUTION NO. 17-05 A RESOLUTION OF THE CITY OF DELRA Y BEACH AUTHORIZING, PURSUANT TO SECTION 125.01(6)(a), FLORIDA STATUTES, A PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY PERTAINING TO THE FUNDING OF ITS COUNTYWIDE DISPATCH SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE. WHEREAS Palm Beach County (the "County") operates a fire rescue dispatch system (the "County Dispatch System") to handle all incoming 911 calls from the County's unincorporated areas (and from municipalities that contract to use the County Dispatch System); WHEREAS the County Dispatch System is a service and/or program that has been rendered specifically for the benefit of the property and residents in unincorporated areas of the County (and from municipalities that contract to use the County Dispatch System). WHEREAS the City operates its own independent dispatch system that provides direct fire rescue dispatch services within the City (the same type of services that the County Dispatch System provides) and provides direct police dispatch services (something the County Dispatch System does not do); WHEREAS the City has not utilized, and does not intend to utilize, the County Dispatch System; WHEREAS the County, on ,2004, approved its budget for the 2005 Fiscal Year, which provided that approximately $3.2 million of countywide revenues will be utilized to fund the County Dispatch System; WHEREAS such general funds consist of County revenue derived from all of the County's residents even though the residents and properties within the City do not utilize or derive any benefit from the County Dispatch System; WHEREAS the County's Dispatch System is duplicative and does not provide a real and substantial benefit to the taxpayers in the City (who are already paying the City to provide the same services); WHEREAS the funding of the County's Dispatch System through countywide revenues amounts to double taxation in violation of Article VIII §1 (h) of the Florida Constitution and Section 125.01 (6) and (7), Florida Statutes; WHEREAS Section 125.01 (6)(a), Florida Statutes, provides that the City, by resolution, may identify a service or program rendered specifically for the benefit of the property or residents in the County's unincorporated areas and financed from countywide revenues and petition the County to develop an appropriate mechanism to finance such activity for the ensuing fiscal year; Res. 17-05 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission of the City of Delray Beach hereby identifies the County Dispatch System as a program that is financed from countywide revenues, is rendered specifically for the benefit of the county's unincorporated areas and does not provide a real and substantial benefit to the taxpayers in the City (who are already paying the City to provide the same services). Section 2. The City Commission of the City of Delray Beach hereby declares its intent to initiate the procedures of Chapter 125.01, Florida Statutes, to have the County develop an appropriate mechanism to finance the County Dispatch Service. Section 3. The City Attorney (and/or her designee) is authorized and directed to provide a copy of this resolution and a petition for relief in substantially the form attached hereto by certified mail, return receipt, to the Board of County Commissioners for Palm Beach County. Section 4. If any section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. Section 5. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. Section 6. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this day of , 2005. CITY OF DELRAY BEACH, FLORIDA ATTEST: MAYOR City Clerk Res. 17-05 CITY OF BOCA RATON, Petitioner, vs. PALM BEACH COUNTY, FLORIDA, Respondent. / CITY OF BOCA RATON'S PETITION PURSUANT TO SECTION 125.01(6). FLORIDA STATUTES Petitioner, City of Boca Raton ("Boca Raton"), pursuant to· Section 125.01(6), Florida Statutes, hereby submits the instant petition to the Board of Commissioners of Palm Beach County (the "County") based upon the inappropriate funding of the County's Fire Rescue Dispatch System (the "County Dispatch System") from countywide revenues to find an appropriate mechanism to fund the County Dispatch System and states: Overview The County cannot use its countywide revenues to fund its County Dispatch System. The taxpayers within Boca Raton, who already pay for and receive their own dispatch services from Boca Raton, do not utilize the County Dispatch System, and therefore they do not receive any benefit, let alone a "real and substantial" benefit, from the County Dispatch System. Thus, the use of countywide revenue to fund the County Dispatch System violates Section 125.01(6) and (7), Florida Statutes, and also amounts to double taxation in violation of Article VIII &l(h) of the Florida Constitution. Accordingly, the County must find an appropriate alternative funding source for the County Dispatch System. The County Dispatch System 1. The County utilizes the County Dispatch System to handle all incoming 911 calls nom the County's unincorporated areas (and nom municipalities that contract with the County to use the County Dispatch System). Boca Raton's Dispatch System 2. Boca Raton does not utilize the County Dispatch System because Boca Raton has its own dispatch system. 3. As recently as 2000, Boca Raton spent over $8 million in upgrading, developing and constructing its current dispatch system, which contains state-of-the-art technology and equipment. Boca Raton expends approximately $2 million on an annual basis to maintain and provide its dispatch system to its residents and properties. 4. When someone places a 911 phone call nom Boca Raton, the phone call goes directly to Boca Raton's unified dispatch system. If the call relates to a fire or medical emergency, Boca Raton's dispatch directly dispatches the appropriate Boca Raton fire rescue and/or emergency medical services personnel. If the emergency is related to crime or police related matters, Boca Raton's unified dispatch directly dispatches the appropriate Boca Raton police personnel. 5. Thus Boca Raton's dispatch system perfonns the same functions as the County Dispatch System, and Boca Raton therefore has not utilized, and does not intend to utilize, the County Dispatch System. 6. Boca Raton's dispatch system has numerous backup systems in place in the event that Boca Raton's dispatch system goes down. Furthennore, Boca Raton has numerous 2 emergency rerouting systems in the event that Boca Raton's backup systems fail. The first rerouting system is to the City of Delray Beach's dispatch system and then to the Palm Beach County Sheriffs Office. Since the installation of Boca Raton's upgraded dispatch system in 2000, there has not been a situation where these backup and rerouting systems have failed. Fundinl! for the County Dispatch System 7. For the 2004 Fiscal Year and for years prior thereto, the County funded the County Dispatch System from a Municipal Services Taxing Unit (the "MSTU"), and thus, the County Dispatch System was paid for by the people and residents serviced (and benefited by) the County Dispatch System. 8. In late summer 2004, the County approved its budget for the 2005 Fiscal Year. The budget provides that approximately $3.2 million from the County's general funds will be utilized to fund the County Dispatch System. This amount reflects a $2.2 million transfer from the County's general fund and an additional $976,676 that purportedly funds the "Basic Life Support" (also known as "BLS") dispatch services provided by the County. 9. Such general funds consist of County revenue derived from the County's residents, including those residents in Boca Raton, who do not utilize or derive any benefit from the County Dispatch System.l 10. The County Dispatch System is a service and/or program that has been rendered specifically for the benefit of the property and or residents in unincorporated areas of the County. 1 County fire personnel have indicated that for the 2006 Fiscal Year, the County will fund $6 million to the County Fire Rescue Dispatch Service from countywide general funds and will eliminate funding from the MSTU. 3 However, the County is utilizing countywide revenue, including ad valorem taxes,2 to provide funding for the County Dispatch System. Funding the County Dispatch System from Ad Valorem Taxes amounts to Double Taxation 11. The funding of the County's Dispatch System through countywide revenues amounts to double taxation because the County seeks to pay for (out of countywide revenues) and impose upon Boca Raton fire rescue dispatch services that are already being provided by Boca Raton to (and already paid by) Boca Raton's residents. 12. The County's dispatch expenditure is duplicative and does not provide the requisite real and substantial benefit to the taxpayers in Boca Raton who are already paying Boca Raton to provide the same services. The Constitutional and Statutory Prohibition of Double Taxation 13. In 1968, the people of the State of Florida approved Article VIII &1(h) of the Florida Constitution, which provides: TAXES; LIMITATION Property situate within municipalities shall not be subject to taxation for services rendered by the county exclusively for the benefit of the property or residents in unincorporated areas. 14. This constitutional provision prohibits the taxation of municipally-situate property by the County for any services rendered by the County "where no real or substantial benefit accrues to city property from such services." City of St. Petersburg v. Briley, Wild and Assoc., Inc., 239 So. 2d 817, 822-823 (Fla. 1970). Conversely, this provision permits such taxation where such service is found to be of real or substantial benefit to such property. Id. 2 Approximately 13% of the County's total ad valorem taxes is from the City of Boca Raton. 4 15. Furthermore, Section 125.01(7), Florida Statutes, provides: No county revenues, except those derived specifically from or on behalf of a municipal service taxing unit, special district, unincorporated area, service area, or program area, shall be used to fund any service or project provided by the county when no real and substantial benefit accrues to the property or residents within a municipality or municipalities. 16. The intent of the framers of Article VIII. Section l(h) was to "prevent double taxation of municipally-situated property for a single benefit." See City of St. Petersburg v. Briley, Wild & Assoc., Inc., 239 So. 2d at 822-823. To interpret the language used in this provision to mean that the County could tax Boca Raton's residents for County imposed services that Boca Raton already provides, and for which the residents already pay, would arguably "do violence to the intent and purpose of the framers and of the people adopting the 1968 Constitution." Id. The Real and Substantial Benefit Test 17. In order for a benefit to be "real or substantial," there must be "a minimum level of benefit which is not illusory, ephemeral or inconsequential." See Town of Palm Beach v. Palm Beach County, 460 So. 2d 879, 881 (Fla. 1985). Thus, the issue is whether the County Dispatch System, funded by countywide revenues, including ad valorem taxes, would provide a sufficient real and substantial benefit to Boca Raton's residents such that it would survive scrutiny under the applicable constitutional and statutory limitations on the expenditure of countywide revenues. The County Dispatch System does not orovide any Real and Substantial Benefit to Boca Raton 18. Under the County's adopted budget, Boca Raton's citizens will be taxed for the countywide dispatch services (which they have not and will not use) notwithstanding the fact 5 Boca Raton already has fire-rescue and dispatch services, for which its residents are already being taxed. Boca Raton's residents will not receive any real and substantial benefit from the County Dispatch System because they already have their own dispatch system and have no intention of abandoning it. 19. Countywide revenues, including ad valorem taxes, cannot be used to fund the County Dispatch System because it does not provide a "real and substantial" benefit to the taxpayers within Boca Raton, who already pay for and receive their own dispatch services from Boca Raton. Thus, the County's countywide funding of its County Dispatch System amounts to double taxation and is therefore in violation of Article VIII &1(h) of the Florida Constitution and Section 125.01(6) and (7), Florida Statutes. The City's Resolution Pursuant to Section 125.01(6). Florida Statutes 20. The instant petition has been authorized by the City under Resolution No._, pursuant to Section 125.01(6)(a), Florida Statutes. The County must file its Response to the Instant Petition within 90 days 21. Pursuant to Section 125.01(6)(b), Florida Statutes, the County must, within 90 days from the receipt of the instant petition: file a response to such petition, which response shall either reflect action to develop appropriate mechanisms or shall reject such petition and state findings of fact demonstrating that the service does not specially benefit the property or residents of the unincorporated areas 22. Accordingly, the County should develop an appropriate funding mechanism for the County Dispatch System (other than from the County's general fund) as it does not have any "real and substantial" benefit to the taxpayers within Boca Raton. 6 Respectfully submitted, Diana Grub Frieser City Attorney City of Boca Raton 201 W. Palmetto Park Road Boca Raton, FL 33432 WEISS SEROTA HELFMAN P ASTORIZA GUEDES COLE & BONISKE, P.A. Co-Counsel for the City of Boca Raton 3107 Stirling Road, Suite 300 Fort Lauderdale, FL 33312 Telephone: (954) 763-4242 Telecopier: (954) 764-7770 By: Jamie Alan Cole Florida Bar No.: 767573 Matthew H. Mandel Florida Bar No.: 147303 7 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE CITY OF BOCA RATON STATING 4 THE CITY'S INTENT TO INITIATE THE CONFLICT 5 RESOLUTION PROCEDURES OF CHAPTER 164, FLORIDA 6 STATUTES, REGARDING A CONFLICT WITH PALM BEACH 7 COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING 8 FOR REPEALER; PROVIDING AN EFFECTIVE DATE 9 10 WHEREAS the City Council of the City of Boca Raton desires to initiate the conflict 11 resolution procedures of Chapter 164, Florida Statutes, also known as the Florida Governmental 12 Cooperation Act, with regard to a conflict with Palm Beach County ("County") concerning the 13 funding of the County's fire rescue dispatch system (the "County Dispatch System") through 14 countywide revenues and the imposition of the County Dispatch System upon the City of Boca 15 Raton (the "City"); 16 WHEREAS the County operates its countywide fire rescue dispatch system (the 17 "County Dispatch System") to handle all incoming 911 calls from the County's unincorporated 18 areas (and from municipalities that contract to use the County Dispatch System); 19 WHEREAS the County Dispatch System is a service and/or program that has been 20 rendered specifically for the benefit of the property and or residents in unincorporated areas of 21 the County (and from municipalities that contract to use the County Dispatch System). 22 WHEREAS the City operates its own independent dispatch system that provides direct 23 fire rescue dispatch services within the City (the same services that the County Dispatch 24 System provides), provides direct police dispatch services (something the County Dispatch 25 System does not do), is more efficient than the County Dispatch System and has a quicker 26 response time than the County Dispatch System; 1 WHEREAS the City has not utilized, and does not intend to utilize, the County Dispatch 2 System; 3 WHEREAS the County, on 2004, approved its budget for the 2005 Fiscal Year, 4 which provided that approximately $3.2 million of countywide revenues will be utilized to fund 5 the County Dispatch System; 6 WHEREAS such general funds consist of County revenue derived from all of the 7 County's residents even though the residents and properties within the City do not utilize or 8 derive any benefit from the County Dispatch System; 9 WHEREAS The County's Dispatch System is duplicative and does not provide a real 10 and substantial benefit to the taxpayers in the City (who are already paying the City to provide 11 the same services); 12 WHEREAS the funding of the County's Dispatch System through countywide revenues 13 amounts to double taxation in violation of Article VIII § 1 (h) of the Florida Constitution and 14 Section 125.01(6) and (7), Florida Statutes; 15 WHEREAS the City, contemporaneously with the instant resolution, passed another 16 resolution pursuant to Section 125.01 (6), Florida Statutes, identified the County Dispatch 17 System as being financed from countywide revenues and rendered specifically for the benefit of 18 the county's unincorporated areas; 19 WHEREAS the City passed a resolution pursuant to Section 125.01 (6), Florida Statutes, 20 authorizing the filing of a petition to the Board of County Commissioners for Palm Beach County 21 relating to the improper financing for the County Dispatch Service; 22 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA 23 RATON: 24 Section 1. The City Council of the City of Boca Raton hereby declares its intent to 25 initiate the conflict resolution procedures of Chapter 164, Florida Statutes with regard to a 26 conflict with the County regarding the funding of the County Dispatch Service through 2 1 countywide revenues. 2 Section 2. The issues of conflict with the County regarding the funding of the County 3 Dispatch Service, sought to be resolved are: 4 (a) The County cannot fund the County Dispatch Service with countywide 5 revenues derived from the County's residents, including those residents in the City; 6 (b) The City does not derive any real and substantial benefit from the County 7 Dispatch System; and 8 (c) The County must reimburse the City the City's proportionate share of the 9 County's past expenditures of countywide funds for the County Dispatch Service. 10 Section 3. The City Clerk is authorized and directed, within 5 days of the passage of 11 this resolution, to provide a letter and a certified copy of this resolution by certified mail, return 12 receipt, to the Manager of the County. 13 Section 4. If any section, subsection, clause or provision of this resolution is held 14 invalid, the remainder shall not be affected by such invalidity. 15 Section 5. All resolutions or parts of resolutions in conflict herewith shall be and 16 hereby are repealed. 17 Section 6. This resolution shall take effect immediately upon adoption. 3 1 PASSED AND ADOPTED by the City Council of the City of Boca Raton this _ 2 day of ,2005. 3 4 5 6 ATTEST: 7 8 9 10 11 Sharma Carannante, City Clerk 12 13 14 15 16 CITY OF BOCA RATON, FLORIDA Steven L. Abrams, Mayor R02863 COUNCll\lOTE YES NO ABSTAINED MAYOR STEVEN L ABRAMS DEPUTY MAYOR SUSAN HAYNIE COUNCIL MEMBER DAVE FREUDENBERG COUNCIL MEMBER BILL HAGER COUNCIL MEMBER CAROL G, HANSON 17 4 RESOLUTION NO. 1 2 A RESOLUTION OF THE CITY OF BOCA RATON 3 AUTHORIZING, PURSUANT TO SECTION 125.01 (6)(a), 4 FLORIDA STATUTES, A PETITION TO THE BOARD OF 5 COUNTY COMMISSIONERS OF PALM BEACH COUNTY 6 PERTAINING TO THE FUNDING OF ITS COUNTYWIDE 7 DISPATCH SERVICES; PROVIDING FOR SEVERABILITY; 8 PROVIDING FOR REPEALER; PROVIDING AN 9 EFFECTIVE DATE 10 WHEREAS Palm Beach County (the "County") operates a fire rescue dispatch system 11 (the "County Dispatch System") to handle all incoming 911 calls from the County's 12 unincorporated areas (and from municipalities that contract to use the County Dispatch 13 System); 14 WHEREAS the County Dispatch System is a service and/or program that has been 15 rendered specifically for the benefit of the property and residents in unincorporated areas of the 16 County (and from municipalities that contract to use the County Dispatch System). 17 WHEREAS the City operates its own independent dispatch system that provides direct 18 fire rescue dispatch services within the City (the same services that the County Dispatch 19 System provides), provides direct police dispatch services (something the County Dispatch 20 System does not do), is more efficient than the County Dispatch System and has a quicker 21 response time than the County Dispatch System; 22 WHEREAS the City has not utilized, and does not intend to utilize, the County Dispatch 23 System; 1 1 WHEREAS the County, on , 2004, approved its budget for the 2005 Fiscal 2 Year, which provided that approximately $3.2 million of countywide revenues will be utilized to 3 fund the County Dispatch System; 4 WHEREAS such general funds consist of County revenue derived from all of the 5 County's residents even though the residents and properties within the City do not utilize or 6 derive any benefit from the County Dispatch System; 7 WHEREAS The County's Dispatch System is duplicative and does not provide a real 8 and substantial benefit to the taxpayers in the City (who are already paying the City to provide 9 the same services); 10 WHEREAS the funding of the County's Dispatch System through countywide revenues 11 amounts to double taxation in violation of Article VIII §1 (h) of the Florida Constitution and 12 Section 125.01 (6) and (7), Florida Statutes; 13 WHEREAS Section 125.01 (6)(a), Florida Statutes, provides that the City, by resolution, 14 may identify a service or program rendered specifically for the benefit of the property or 15 residents in the County's unincorporated areas and financed from countywide revenues and 16 petition the County to develop an appropriate mechanism to finance such activity for the 17 ensuing fiscal year; now therefore 18 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA 19 RATON: 20 Section 1. The City Council of the City of Boca Raton hereby identifies the County 21 Dispatch System as a program that is financed from countywide revenues, is rendered 22 specifically for the benefit of the county's unincorporated areas and does not provide a real and 23 substantial benefit to the taxpayers in the City (who are already paying the City to provide the 24 same services). 25 Section 2. The City Council of the City of Boca Raton hereby declares its intent to 26 initiate the procedures of Chapter 125.01, Florida Statutes, to have the County develop an 2 1 appropriate mechanism to finance the County Dispatch Service. 2 Section 3. The City Attorney (and/or her designee) is authorized and directed to 3 provide a copy of this resolution and a petition for relief in substantially the form attached hereto 4 by certified mail, return receipt, to the Board of County Commissioners for Palm Beach County. 5 Section 4. If any section, subsection, clause or provision of this resolution is held 6 invalid, the remainder shall not be affected by such invalidity. 7 Section 5. All resolutions or parts of resolutions in conflict herewith shall be and 8 hereby are repealed. 9 Section 6. This resolution shall take effect immediately upon adoption. 10 PASSED AND ADOPTED by the City Council of the City of Boca Raton this_ 11 day of 12 13 14 15 16 17 18 19 20 ATTEST: 21 22 23 24 25 Sharma Carannante, City Clerk 26 27 28 29 30 CITY OF BOCA RATON, FLORIDA Steven L. Abrams, Mayor COUNCIL VOTE . YES NO ABSTAINED MAYORSTEVENL,ABRAMS DEPUTY MAYOR BILL HAGER COUNCIL MEMBER DAVE FREUDENBERG COUNCIL MEMBER SUSAN HAYNIE COUNCIL MEMBER SUSAN WHELCHEL 31 32 33 3