Res 69-05
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RESOLUTION NO. 69-05
A RESOLUTION OF THE CI1Y OF DELRA Y BEACH
AUTHORIZING THE FILING OF A LAWSUIT AGAINST
PALM BEACH COUN1Y REGARDING THE FUNDING
OF THE COUN1Y'S FIRE RESCUE DISPATCH SYSTEM;
PROVIDING FOR SEVERABILI1Y; PROVIDING FOR
REPEALER; PROVIDING AN EFFECTIVE DATE
WHEREAS the City Commission of the City of Delray Beach, on March 15, 2005, passed
Resolution 16-05, which initiated 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);
I 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 has utilized Countywide 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 taxes to the City to provide
the same services);
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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, pursuant to Resolution 17-05, served a petition on March 30, 2005,
pursuant to Section 125.01(6), Florida Statutes, to the Board of County Commissioners for Palm
Beach County relating to the improper financing for the County Dispatch Service;
i
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WHEREAS the City, after following all of the mandatory procedures pursuant to Chapter
164, Florida Statutes, has been unable to resolve the County's improper funding of the County
Dispatch System through countywide revenues;
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 authorizes the filing
of a lawsuit against the County regarding the County's improper 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 include:
(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;
(c) The County cannot financially coerce the City to transfer a traditional municipal
service, such as fire rescue dispatch, to the County by forcing the City to pay for the County's Fire
Rescue Dispatch System even if it does not utilize it;
(d) 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; and
(e) Any additional issues that arise during the litigation.
Section 3. The City will work in conjunction with the City of Boca Raton and any other
cities that elect to join in the lawsuit.
Section 4. If any section, subsection, clause or provision of this resolution is held invalid,
the remainder shall not be affected by such invalidity.
2 Resolution No. 69-05
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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.
1 ~ PASSED AND ADOPTED by the City Commission of the City of Delray Beach this
~ day of ~. D ,2005.
CI1Y OF DELRA Y BEACH, FLORIDA
ATTEST: 8æ;
I ~- ~ ~. ~\~.:. ) ~
City Clerk
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3 Resolul1on No. 69-05
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RESOLUTION NO. 69-05 ~
A RESOLUTION OF THE CITY OF DELRAY BEACH
AUTHORIZING THE FILING OF A LAWSUIT AGAINST PALM
BEACH COUNTY REGARDING THE FUNDING OF THE
COUNTY'S FIRE RESCUE DISPATCH SYSTEM; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEALER;
PROVIDING AN EFFECTIVE DATE
WHEREAS the City Commission of the City of Delray Beach, on March 15, 2005,
passed Resolution 16-05, which initiated 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 has utilized Countywide 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 taxes to 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 the City, pursuant to Resolution 17-05, served a petition on March 30, 2005,
pursuant to Section 125.01 (6), Florida Statutes, to the Board of County Commissioners for Palm
Beach County relating to the improper financing for the County Dispatch Service;
~~ fk,D\~~~ ~ ~ S? ;1
WHEREAS the City, after following all of the mandatory procedures pursuant to Chapter
164, Florida Statutes, has been unable to resolve the County's improper funding of the County
Dispatch System through countywide revenues;
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 authorizes the filing
of a lawsuit against the County regarding the County's improper 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 include:
(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;
(c) The County cannot financially coerce the City to transfer a traditional municipal
service, such as fire rescue dispatch, to the County by forcing the City to pay for the County's Fire
Rescue Dispatch System even if it does not utilize it;
(d) 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; and
(e) Any additional issues that arise during the litigation.
Section 3. The City will work in conjunction with the City of Boca Raton and any other
cities that elect to join in the lawsuit.
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
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[IT' OF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 200!\\\' hI \VE'\l'r,' DELR\'r BE\CH. FLORID\ 33444
1 U.EPIIO\,f .:'(,1!2-L~-¡'()<)O· h\CSI\IILE 561f2ï8-4755
DELRAY BEACH Wnter's Direct Line: 561/243-7091
f L G RID "- MEMORANDUM
tI.fI.d
All-America City DATE: September 8,2005
'IIII!TO: City Commission
David Harden, City Manager
1993
2001 FROM: Susan A. Ruby, City Attorney
SUBJECT: Resolution 69-05
This resolution authorizes litigation on the issue of the County using ad valorem
taxes to support Countywide Dispatch.
The issues to be decided in the litigation are:
a.) Whether the County can fund its Fire Rescue Dispatch System with
countywide revenues derived from the County's residents, including those
residents in the cities of Boca Raton and Delray Beach (the "Cities");
b.) Whether the Cities derive any real and substantial benefit from the County's
Fire Rescue Dispatch System;
c.) Whether the County can financially coerce cities to transfer a traditional
municipal service, such as fire rescue dispatch, to the County by forcing
cities to pay for the County's Fire Rescue Dispatch System even if they do
not utilize it; and,
d.) Whether the County has to reimburse the Cities for their proportionate
share of the County's past expenditures of countywide funds for the
County's Fire Rescue Dispatch System.
We have exhausted all attempts to resolve the issue with alternate dispute
resolution procedures.
~ this resolution on the September 12, 2005 City Commission agenda.
RCI
Attachment
Cc: Jaime Cole, Esq.
Matthew Mandel, Esq.
Diane Grubs Frieser, Esq.
6~,~
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RESOLUTION NO. 69-05
A RESOLUTION OF THE CITY OF DELRAY BEACH
AUTHORIZING THE FILING OF A LAWSUIT AGAINST PALM
BEACH COUNTY REGARDING THE FUNDING OF THE
COUNTY'S FIRE RESCUE DISPATCH SYSTEM; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEALER;
PROVIDING AN EFFECTIVE DATE
WHEREAS the City Commission of the City of Delray Beach, on March 15, 2005,
passed Resolution 16-05, which initiated 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 has utilized Countywide 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 taxes to 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 the City, pursuant to Resolution Delray Beach, served a petition on March 30,
2005, pursuant to Section 125.01(6), Florida Statutes, to the Board of County Commissioners for
Palm Beach County relating to the improper financing for the County Dispatch Service;
.
.
WHEREAS the City, after following all of the mandatory procedures pursuant to Chapter
164, Florida Statutes, has been unable to resolve the County's improper funding of the County
Dispatch System through countywide revenues;
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 authorizes the filing
of a lawsuit against the County regarding the County's improper 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 include:
(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;
(c) The County cannot financially coerce the City to transfer a traditional municipal
service, such as fire rescue dispatch, to the County by forcing the City to pay for the County's Fire
Rescue Dispatch System even if it does not utilize it;
(d) 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; and
(e) Any additional issues that arise during the litigation.
Section 3. The City will work in conjunction with the City of Delray Beach/City of Boca
Raton and any other cities that elect to join in the lawsuit.
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 this
day of ,2005.
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
Mayor
City Clerk