Res 90-05
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RESOLUTION NO. 90-05
A RESOLUTION OF THE CIlY OF DELRAY BEACH
STATING THE CIlY'S INTENT TO INITIATE THE
CONFLICT RESOLUTION PROCEDURES OF CHAPTER
164, FLORIDA STATUTES, REGARDING A CONFLICT
WITH PALM BEACH COUNlY; PROVIDING FOR
SEVERABILllY; PROVIDING FOR REPEALER;
PROVIDING AN EFFECTIVE DATE.
WHEREAS the City Commission 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''); and
WHEREAS the County operates 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); and
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); and
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); and
WHEREAS the City has not utilized, and does not intend to utilize, the County Dispatch
System; and
WHEREAS the County, on September 30, 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; and
WHEREAS the County, on September 22, 2005, approved its budget for the 2006 Fiscal
Year, which provided that approximately $8.8 million of countywide revenues will be utilized to
fund the County Dispatch System; and
("
/'1
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; and
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); and
WHEREAS the County's scheme indirecdy forces cities to give up the traditional municipal
service of fire-rescue dispatch through economic coercion and therefore is in violation of Article
VIII, ~4 of the Florida Constitution; and
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; and
WHEREAS the City, on March 15, 2005, the City passed Resolution No. 16-05, which
initiated conflict resolution proceedings against the County pursuant to Chapter 164 regarding the
improper use of countywide revenues for the County Dispatch System during the 2005 Fiscal Year;
and
WHEREAS the City, on September 30, 2005, filed its lawsuit in Palm Beach County Circuit
Court (Case No. 2005 CA 009338 XXXX MB AE) (the "Litigation'') against the County challenging
the $3.2 million of countywide revenues utilized to fund the County Dispatch System during the
2005 Fiscal Year; and
WHEREAS the instant resolution addresses and includes the same issues that are the subject
of the Litigation; and
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 and 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 CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH:
2
Res. 90-05
( "
/'1
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;
(c) The County's attempt, through economic coercion, to usurp the City's ability to
make a policy decision as to the provision of traditional municipal services, such as the provision of
fire rescue dispatch services, is unconstitutional, ultra vires and invalid;
(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 other issue, argument or claim regarding the impropriety of the County's
use of countywide funds for the County Dispatch Service relating to any proceedings held pursuant
to Chapter 164 or Chapter 125, the Litigation or otherwise.
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.
3
Res. 90-05
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~ PASSED AND ADOPTED by the City Commission of the City of Delray Beach this
_ day of December, 2005.
8~Y~R4.
Attest:
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City Clerk
4
Res. 90-05
,'....
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[ITY DF DELIAY BEA[H
f4M.
CITY ATTORNEY'S OFFICE
zoo NW ] st AVENUE' DELRA Y BEACH, FLORIDA 33444
TELEPHONE: 5611243-7090' FACSIMILE: 561/278-4755
DELRAY BEACH
~
Ail-America City
" II J! DATE:
Write~s Direct Line: 561/243-7091
MEMORANDUM
December 8, 2005
1993
2001 TO:
City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Resolution 89-05 and Resolution 90-05
Please accept these additional Resolutions in the County-Wide Fire Dispatch
case, at the recommendation of outside counsel.
By copy of this memo to David Harden, City Manager, I am requesting that these
resolutions be placed on the City Commission agenda of December 13, 2005.
~~
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Attachments
cc: Chevelle Nubin, City Clerk
Diana Grub Frieser, City Attorney of Boca Raton
Matthew Mandel, Esq.
Jamie Cole, Esq.
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DEC-09-2005 FRI 09:41 AN UEISS SEROTA HELFMAN PA FAX NO. 9547847770
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.OF' COUN5iIEL
December 7, 200~
Via U.S. Mail aDd Focslmile 1(561) 278-4755J
Susan Ruby, City Attomey
City of Del ray Beach
100N.W. 1" Avenue
Delray Beach. FL 33444
Re: City ofl~lray Beac:h's Challen~e to
CouD~jde FundlDI! of Countywide Fire Rescue Dispatch Services
Dear Ms. Ruby:
On SeptembCOl' 22, 2005, the County approved its budget for the 2006 Fiscal Year,
which provided thaI approximately $8,8 million of countywide revenues will be utilized to fund
its countywide fire rescue dispatch system (the "County DispaIch System"). However, the
County Dispatch System is duplieative, does not provide a real and substantial benefit to the
taxpayers in the City and amounts to double taxation in violation of Article VIII ~l(h) of the
Florida Constitution bl<:ause, among other things; the City operates i\s own independent
dispatch system that prc,vides direct fire rescue dispatch services within the Ci1)' (the same type
of services that the County Dispatch System provides), provides direct polke dispatch services
(something the County Dispatch System does not do), and the City has not utili2ed, and docs not
intCIld to utilize, the County Dispatch System.
As you know, the City has initiated proceedings pUl'llUllllt to Chapter 125 and 164,
Florida Statutes; howeYl,r. those proceedings only penain to the $3.2 million of countywide
revenues allocated for the Counly Dispaleh System for the 2005 Fiscal Year. Thus, to ensure
that the City meets all of the requisites to challenge the $8.8 million allocation for the 2006
Fiscal Year, the City net-ds to adopt the attached resolutions. Once these resolutions are adopted,
we ClllJ proceed lIccordin,liy,
1:/"9/~005 11:"9 FAX 581:784755 CITY ATTORNEV . City Hill
D~C-09-2005 FRI 09:41 AN UEISS SEROTA HELFMAN PA FAX NO. 9547647770
~ 1)1)3/1)(13
P. 03
SWIm Ruby. City Attomey
City of Delray Beach
December 7, 2005
Page 2
If you have any questions. as always. please feel free to call either Jmnie Cole or me.
Very trUly yours,
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Manhew H. Mandel
MHM:lb
574.022
Enclosures
co: Jamie Alan Cole., Esq. (without enclosures)
.
WEISS Sll:ROr4 HELFMAN
PASrO:ltr'ZA COU~ & BONISKB:, P.A.
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RESOLUTION NO. 89-05
1
2 A RESOLUTION OF THE CITY OF DELRAY BEACH
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 of Delray Beach (the 'City") operates its own independent dispatch
18 system that provides direct fire rescue dispatch services within the City (the same type of
19 services that the County Dispatch System provides) and provides direct police dispatch services
20 (something the County Dispatch System does not do);
21 WHEREAS the City has not utilized, and does not intend to utilize, the County Dispatch
22 System;
23 WHEREAS the County, on September 30, 2004, approved its budget for the 2005 Fiscal
24 Year, which provided that approximately $3.2 million of countywide revenues will be utilized to
25 fund the County Dispatch System;
1
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. ,~'--.~'.,.
1 WHEREAS the County, on September 22. 2005, approved its budget for the 2006 Fiscal
2 Year, which provided that approximately $8.8 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 and
8 substantial benefit to the taxpayers in the City (who are already paying the City to provide the
9 same services);
10 WHEREAS the County's scheme indirectly forces Cities to give up the traditional
11 municipal service of fire-rescue dispatch through economic coercion and therefore is in violation
12 of Article VIII, ~4 of the Florida Constitution;
13 WHEREAS the funding of the County's Dispatch System through countywide revenues
14 amounts to double taxation in violation of Article VIII ~1(h) of the Florida Constitution and
15 Section 125.01(6) and (7), Florida Statutes;
16 WHEREAS Section 125.01(6)(a), Florida Statutes, provides that the City, by resolution,
17 may identify a service or program rendered specifically for the benefit of the property or
18 residents in the County's unincorporated areas and financed from countywide revenues and
19 petition the County to develop an appropriate mechanism to finance such activity for the
20 ensuing fiscal year;
21 WHEREAS the City, on March 15, 2005, the City passed Resolution No. 17-05, which
22 authorized the filing of a petition against the County pursuant to Section 125.01, Florida
23 Statutes, regarding the improper use of countywide revenues for the County Dispatch System
24 during the 2005 Fiscal Year;
25 WHEREAS the County has refused to develop an appropriate mechanism to finance the
26 County Dispatch Service.
2
,'.'".',
1 WHEREAS the City, on September 30, 2005, filed its lawsuit in Palm Beach County
2 Circuit Court (Case No. 2005 CA 009338 XXXX MB AE) (the "Litigation") against the County
3 challenging the $3.2 million of countywide revenues utilized to fund the County Dispatch System
4 during the 2005 Fiscal Year;
5 WHEREAS the instant resolution addresses the same issues that are the subject of the
6 Litigation and Resolution No. 17-05;
7 WHEREAS the issues of conflict with the County regarding the funding of the County
8 Dispatch Service, sought to be resolved are:
9 (a) The County cannot fund the County Dispatch Service with countywide
10 revenues derived from the County's residents, including those residents in the City;
11 (b) The City does not derive any real and substantial benefit from the County
12 Dispatch System;
13 (c) The County's attempt, through economic coercion, to usurp the City's ability
14 to make a policy decision as to the provision of traditional municipal services, such as the
15 provision of fire rescue dispatCh services, is unconstitutional, ultra vires and invalid;
16 (d) The County must reimburse the City for the City's proportionate share of the
17 County's past expenditures of countywide funds for the County Dispatch Service; and
18 (e) Any other issue, argument or .claim regarding the impropriety of the County's
19 use of countywide funds for the County Dispatch Service relating to any proceedings held
20 pursuant to Chapter 164 or Chapter 125, the Litigation or otherwise; now therefore
21 BE IT RESOLVED BY THE CITY COMMISISON OF THE CITY OF DELRAY
22 BEACH:
23 Section 1, The City Commission of the City of Delray Beach hereby identifies the
24 County Dispatch System as a program that is financed from countywide revenues, is rendered
25 specifically for the benefit of the county's unincorporated areas and does not provide a real and
26 substantial benefit to the taxpayers in the City (who are already paying the City to provide the
3
1 same services).
2 Section 2. The City Commission of the City of Delray Beach hereby declares its
3 intent to initiate the procedures of Chapter 125.01, Florida Statutes, to have the County develop
4 an appropriate mechanism to finance the County Dispatch Service.
5 Section 3. The City Clerk (and/or her designee) is authorized and directed to provide
6 a copy of this resolution and a petition for relief by certified mail, return receipt, to the Board of
7 County Commissioners for Palm Beach County.
8 Section 4. If any section, subsection, clause or provision of this resolution is held
9 invalid, the remainder shall not be affected by such invalidity.
10 Section 5. All resolutions or parts of resolutions in conflict herewith shall be and
11 hereby are repealed.
12 Section 6. This resolution shall take effect immediately upon adoption.
13 PASSED AND ADOPTED by the City Commission of the City of Delray Beach this
14 day of
15
16
17
18
19
20
21 ATTEST:
22
23
24
25
26
27
28
29
CITY OF DELRA Y BEACH
, Mayor
, City Clerk
R
4
< .~.,,:"
. .
1 RESOLUTION NO. 90-05
2
3 A RESOLUTION OF THE CITY OF DELRAY BEACH
4 STATING 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 WHEREAS the City Commission of the City of Delray Beach desires to initiate the
10 conflict resolution procedures of Chapter 164, Florida Statutes, also known as the Florida
11 Govemmental Cooperation Act, with regard to a conflict with Palm Beach County ("County")
12 concerning the funding of the County's fire rescue dispatch system (the "County Dispatch
13 System") through countywide revenues and the potential imposition of the County Dispatch
14 System upon the City of Delray Beach (the "City");
15 WHEREAS the County operates the County Dispatch System to handle all incoming
16 911 calls from the County's unincorporated areas (and from municipalities that contract to use
17 the County Dispatch System);
18 WHEREAS the County Dispatch System is a service and/or program that has been
19 rendered specifically for the benefit of the property and or residents in unincorporated areas of
20 the County (and from municipalities that contract to use the County Dispatch System);
21 WHEREAS the City operates its own independent dispatch system that provides direct
22 fire rescue dispatch services within the City (the same type of services that the County Dispatch
23 System provides) and provides direct police dispatch services (something the County Dispatch
24 System does not do);
25 WHEREAS the City has not utilized, and does not intend to utilize, the County Dispatch
26 System;
"...:"
1 WHEREAS the County, on September 30, 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 the County, on September 22, 2005, approved its budget for the 2006 Fiscal
5 Year. which provided that approximately $8.8 million of countywide revenues will be utilized to
6 fund the County Dispatch System;
7 WHEREAS such general funds consist of County revenue derived from all of the
8 County's residents even though the residents and properties within the City do not utilize or
9 derive any benefit from the County Dispatch System;
10 WHEREAS the County's Dispatch System is duplicative and does not provide a real and
11 substantial benefit to the taxpayers in the City (who are already paying the City to provide the
12 same services);
13 WHEREAS the County's scheme indirectly forces cities to give up the traditional
14 municipal service of fire-rescue dispatch through economic coercion and therefore is in violation
15 of Article VIII, ~4 of the Florida Constitution;
16 WHEREAS the funding of the County's Dispatch System through countywide revenues
17 amounts to double taxation in violation of Article VIII ~1(h) of the Florida Constitution and
18 Section 125.01(6) and (7), Florida Statutes;
19 WHEREAS the City, on March 15, 2005, the City passed Resolution No. 16-05, which
20 initiated conflict resolution proceedings against the County pursuant to Chapter 164 regarding
21 the improper use of countywide revenues for the County Dispatch System during the 2005
22 Fiscal Year;
23 WHEREAS the City, on September 30, 2005. filed its lawsuit in Palm Beach County
24 Circuit Court (Case No. 2005 CA 009338 XXX)( MB AE) (the "Litigation") against the County
25 challenging the $3.2 million of countywide revenues utilized to fund the County Dispatch System
26 during the 2005 Fiscal Year;
2
;" ~ .. , "
1 WHEREAS the instant resolution addresses and includes the same issues that are the
2 subject of the Litigation;
3 WHEREAS the City, contemporaneously with the instant resolution, passed another
4 resolution pursuant to Section 125.01(6), Florida Statutes, identifying the County Dispatch
5 System as being financed from countywide revenues and being rendered specifically for the
6 benefit of the county's unincorporated areas and authorizing the filing of a petition to the Board
7 of County Commissioners for Palm Beach County relating to the improper financing for the
8 County Dispatch Service; now therefore
9 BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
10 BEACH:
11 Section 1. The City Commission of the City of Delray Beach hereby declares its
12 intent to initiate the conflict resolution procedures of Chapter 164, Florida Statutes with regard to
13 a conflict with the County regarding the funding of the County Dispatch Service through
14 countywide revenues.
15 Section 2. The issues of conflict with the County regarding the funding of the County
16 Dispatch Service, sought to be resolved are:
17 (a) The County cannot fund the County Dispatch Service with countywide
18 revenues derived from the County's residents, including those residents in the City;
19 (b) The City does not derive any real and substantial benefit from the County
20 Dispatch System;
21 (c) The County's attempt, through economic coercion, to usurp the City's ability
22 to make a policy decision as to the provision of traditional municipal services, such as the
23 provision of fire rescue dispatch services, is unconstitutional, ultra vires and invalid;
24 (d) The County must reimburse the City for the City's proportionate share of the
25 County's past expenditures of countywide funds for the County Dispatch Service; and
26 (e) Any other issue, argument or claim regarding the impropriety of the County's
3
..' ,,~;,.
.. ; I ,':~:",
1 use of countywide funds for the County Dispatch Service relating to any proceedings held
2 pursuant to Chapter 164 or Chapter 125, the Litigation or otherwise.
3 Section 3. The City Clerk is authorized and directed, within 5 days of the passage of
4 this resolution, to provide a letter and a certified copy of this resolution by certified mail, retum
5 receipt, to the Manager of the County.
6 Section 4. If any section, subsection, clause or provision of this resolution is held
7 invalid, the remainder shall not be affected by such invalidity.
8 Section 5. All resolutions or parts of resolutions in conflict herewith shall be and
9 hereby are repealed.
10 Section 6. This resolution shall take effect immediately upon adoption.
11 PASSED AND ADOPTED by the City Commission of the City of Delray Beach this
12 day of December, 2005.
13
14
15
16 ATTEST:
17
18
19
20
21
22
23
24
25
CITY OF DELRA Y BEACH
, Mayor
, City Clerk
R
4
'..;,;;';u"
. \
CIlY OF BOCA RATON, and
CIlY OF DELRA Y BEACH,
Petitioners,
vs.
PALM BEACH COUNTY, FLORIDA,
Respondent.
/
PETITION TO PALM BEACH COUNTY BY
CITY OF BOCA RATON AND CITY OF DELRAY BEACH
PURSUANT TO SECTION 125.01(6), FLORIDA STATUTES
Petitioners, City of Boca Raton ("Boca Raton") and City of Delray Beach ("Delray
Beach") (collectively, the "Cities"), pursuant to Section 125.01(6), Florida Statutes, submit 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 state:
Overview
Contrary to the Florida Constitution and Florida law, the County is using countywide
revenues to fund its County Dispatch System. Although dispatch services are traditional
municipal functions, the County, through its use of countywide revenues, attempts to do
indirectly (through the economic coercion of double taxation) that which it could not do directly
(absent a dual referendum) - take over all fire-rescue dispatch services in the County.
Specifically, the County is using countywide revenues to fund its County Dispatch System, even
though the taxpayers within Boca Raton and Delray Beach (who pay for and receive their fire-
~;:,f;..
...,-,-,.,
rescue dispatch services from their respective Cities) do not receive any benefit from the County
Dispatch System. Thus, the Cities must either accede to the County's coercion and abandon
their own dispatch systems, or have their residents face unconstitutional double taxation. This
coercive attempt to usurp municipal powers and use county-wide revenues on a fire-rescue
dispatch system that provides no "real and substantial" benefit to the Cities' residents: (I)
violates Article Vill, ~4 of the Florida Constitution; (2) amounts to double taxation in violation
of Article VIII ~l(h) of the Florida Constitution; and (3) violates Section 125.01(6) and (7),
Florida Statutes.
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 ammal basis to maintain and
provide its dispatch sysh::m to its residents and properties.
2
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
emergency rerouting systems in the event that Boca Raton's backup systems fail. The first
rerouting system is to 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, and thus the
County Dispatch System has in no event been utilized by Boca Raton.
Delrav Beach's Disnatch Svstem
7. Delray Beach does not utilize the County Dispatch System because Delray Beach,
like Boca Raton, has its own dispatch system.
8. As recently as 2001, Delray Beach spent over $3 million in developing and
constructing its current dispatch system (an 800 Megahertz ASTRO Digital Smart Zone Trunked
Radio System), which contains state-of-the-art technology and equipment. Delray Beach
3
expends approximately $1.6 million on an annual basis to maintain and provide its dispatch
system to its residents and properties.
9. When someone places a 911 phone call from Delray Beach, the phone call goes
directly to Delray Beach's unified dispatch system. If the call relates to a fire or medical
emergency, Delray Beach's dispatch directly dispatches the appropriate Delray Beach fire rescue
and/or emergency medical services personnel. If the emergency is related to crime or police
related matters, Delray Beach's unified dispatch directly dispatches the appropriate Delray Beach
police personnel.
10. Thus Delray Beach's dispatch system, like Boca Raton's dispatch system,
performs the same functions as the County Dispatch System, and Delray Beach therefore has not
utilized, and does not intend to utilize, the County Dispatch System.
11. Delray Beach's dispatch system has numerous backup systems in place in the
event that Delray Beach's dispatch system goes down. Furthermore, Delray Beach has
numerous emergency rerouting systems in the event that Delray Beach's backup systems fail.
The first rerouting system is to the Palm Beach County Sheriffs dispatch system and then to
Boynton Beach's or to Boca Raton's dispatch systems. Since the installation of Delray Beach's
upgraded dispatch system in 2001, there has not be a situation where these backup and rerouting
systems have failed, and thus the County Dispatch System has in no event been utilized by
Delray Beach.
The County's Plan to Usurp the
Traditional MuniciDal Services of Fire Rescue DisDatch
12. In 2003, the County determined that it wanted to take over the traditional
municipal service of [ITe-rescue dispatch and have the County provide fire-rescue dispatch
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services countywide. The County Attorneys' Office, however, determined and advised the
County Commission in an April 9, 2003 memorandum that "the County may not require
municipalities to give up their own dispatch service in favor of a central countywide dispatch
service unless such transfer is approved in multiple referenda or mandated by a special act."
13. The County's prohibition from forcing municipalities to transfer dispatch services
to the County (absent resolutions by the governing bodies and dual referenda) is grounded in
Article VID, ~4 of the Florida Constitution:
By law or by resolution of the governing bodies of each of the governments
affected, anv function or power of a county, municipality or special district may
be transferred to or contracted to be performed by another county, municipality or
special district, after approval bv vote of the electors of the transferor and
approval by vote of the electors of the transferee, or as otherwise provided by law.
(emphasis added)
14. Faced with the prohibition from directly forcing municipalities to give up their
own dispatch services, the County pursued a plan under which it would do indirectly, that which
it could not do directly. The plan entailed changing the manner in which the County's Dispatch
System would be funded.
Fundin2 for the County Dispatch Svstem
15. For the 2004 Fiscal Year and for years prior thereto, the County funded the
County Dispatch System, in part, from a Municipal Services Taxing Unit (the "MSTU").
16. On September 30, 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.
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17.
On September 22, 2005, the County approved its budget for the 2006 Fiscal Year.
The budget provides that approximately $8.85 million from the County's general funds will be
utilized to fund the County Dispatch System. This amount reflects a $8.63 million transfer from
the County's general fund and an additional $220,000 that purportedly funds BLS dispatch
services provided by the County.
18. Such general funds consist of County revenues derived from the County's
residents, including those residents in the Cities, who do not utilize or derive any benefit from
the County Dispatch System.
19. 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.
However, the County is utilizing countywide revenues, including ad valorem taxes,! to provide
funding for the County Dispatch System.
Funding the County Dispatch System
from Ad Valorem Taxes amounts to Double Taxation
20. 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 the Cities fire rescue dispatch services that are already being provided by the
Cities to (and already paid by) the Cities' residents.
21. The County's dispatch expenditure is duplicative and does not provide the
requisite real and substantial benefit to the taxpayers in the Cities who are already paying the
Cities to provide the same services.
! Approximately 13% of the County's total ad valorem taxes is from the City of Boca Raton and
4.88% ofthe County's total ad valorem taxes is from the City of Delray Beach.
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The Constitutional and Statutory Prohibition of Double Taxation
22. In 1968, the people of the State of Florida approved Article VIII S I (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.
23. 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.
24. 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.
25. The intent of the framers of Article VIII, Section 1(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 the Cities' residents for County imposed services
that the Cities already provide, and for which their respective residents already pay, would
arguably "do violence to the intent and purpose of the framers and of the people adopting the
1968 Constitution." Id.
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The Real and Substantial Benefit Test
26. . 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), provides a
sufficient real and substantial benefit to the Cities' residents such that it can survive scrutiny
under the applicable constitutional and statutory limitations on the expenditure of countywide
revenues.
The County Dispatch System
Does not Provide anv Real and Substantial Benefit to the Cities
27. Under the County's adopted budget, the Cities' citizens will be taxed for the
countywide dispatch services (which they have not and will not use) notwithstanding the fact the
Cities already have fire-rescue dispatch services, for which their respective residents are already
being taxed. The Cities' residents will not receive any real and substantial benefit from the
County Dispatch System because they already have their own respective dispatch systems and
have no intention of abandoning them.
28. 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 or Delray Beach, who already pay for and receive their own
dispatch services from Boca Raton and Delray Beach, respectively. 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.
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The Countv's use of Countywide Revenues Also Violates Article VIII, Section 4
29. Article VIII, ~4 of the Florida Constitution prohibits the County from requiring
that the Cities relinquish their own dispatch service in favor of the County Dispatch System,
absent Cities' consent and approval in a dual referenda. Under Florida law, a governmental
entity may not do indirectly that which it cannot do directly.
30. The County's scheme indirectly forces Cities to give up the traditional municipal
service of fire-rescue dispatch through economic coercion and therefore is in violation of Article
VIII, ~4 of the Florida Constitution.
The Cities' Resolutions Pursuant to Section 125.01(6), Florida Statutes
31. The instant petition has been authorized by the Boca Raton City Council under
Resolution No. _-2005, pursuant to Section 125.01(6)(a), Florida Statutes.
32. The instant petition has been authorized by the Delray Beach City Commission
under Resolution No. _-05, pursuant to Section l25.01(6)(a), :Florida Statutes.
The Countv must file its Response to the Instant Petition within 90 davs
33. 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.
34. 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 or Delray Beach.
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Respectfully submitted,
Diana Grub Frieser
City Attorney
City of Boca Raton
201 W. Palmetto Park Road
Boca Raton, FL 33432
Susan Ruby
City Attorney
City ofDelray Beach
200N.W. 1st Avenue
Delray Beach, Florida 33444
WEISS SEROTA HELFMAN P ASTORIZA
GUEDES COLE & BONISKE, P.A.
Co-Counsel for the City of Boca Raton
& City of Delray Beach
3107 Stiding 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
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