Res 17-05
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RESOLUTION NO. 17-05
A RESOLUTION OF THE CI1Y OF DELRA Y BEACH
AUTHORIZING, PURSUANT TO SECTION 125.01 (6) (a),
FLORIDA STATUTES, A PETITION TO THE BOARD OF
COUN1Y COMMISSIONERS OF PALM BEACH COUN1Y
PERTAINING TO THE FUNDING OF ITS COUNTYWIDE
DISPATCH SERVICES; PROVIDING FOR SEVERABILI1Y;
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 pohce 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 ~rt. 60.2004, 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;
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II
I
I
Ii
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;
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 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 ~DOPTED by the City Commission of the City of Delray Beach this
12- day of ~~ .2005.
CI1Y OF DELRA Y BEACH, FLORIDA
ATTEST:
&JzRl 4.
~S).~~
City Clerk
2
Res. 17-05
~
[IT'
F DEL AY BEA[H
CITY ATTORNEY'S OFFICE
2UO \TW ! "l_-;VEl'\UE' DELRAY BEACH, FLORIDA 33444
TEl...EP¡":¡O"'I~ S6 Jí::'43-709() . FACSH.,IILE 5611278-4755
DELRAY BEACH
Writer's Direct Line: 561/243-7091
F l 0 It I D "
ItI.f&I.'II
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 AQenda - 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.
8\'!
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 andlor 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 DEL RAY 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 andlor 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.
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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") fÌom 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 &1(h) of the
Florida Constitution. Accordingly, the County must find an appropriate alternative funding
source for the County Dispatch System.
The County Dispatch System
I. The County utilizes the County Dispatch System to handle all incoming 911 calls
from the County's unincorporated areas (and from 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 from 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 performs 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. Furthermore, 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.
Fundin!! 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. I
1 O. The County Dispatch System is a service and/or program that has been rendered
specifically for the benefit ofthe property and or residents in unincorporated areas ofthe County.
I 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 VITI &l(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. Furthennore, 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 inconsequentia1." 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 provide 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 ofthe 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 andlor 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
. COUNCIl: VOTE
YES NO ABSTAINED
MAYORSTEVENL.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
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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
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20 ATTEST:
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25 Sharma Carannante, City Clerk
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CITY OF BOCA RATON, FLORIDA
Steven L. Abrams, Mayor
, , . · "COUNCIL VOTE ' . .
. YES .NO· ABSTAINED
MAYOR STEVEN L. ABRAMS
DEPUìY MAYOR BILL HAGER
COUNCIL MEMBER DAVE FREUDENBERG
COUNCIL MEMBER SUSAN HAYNIE
COUNCIL MEMBER SUSAN WHELCHEL
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