10-01-81SpMtg OCTOBER 1, 1981
A Special Meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers at 4:30 P.M., Thursday,
October 1, 1981, with Mayor Leon M. Weekes, presiding and City Manager
Robert H. Fisk, City Attorney Roger Saberson, and Council members James
H. Scheifley, Charlotte G. Durante, Leo A. Blair (arrived at 4:40 P.M.),
and Malcolm T. Bird, present.
Mayor Weekes called the meeting to order and announced that
this meeting has been called for the purpose of (1) considering Resolu-
tion No. 79-81 regarding the County's dual taxation for Delray Beach
residents.
1. The City Attorney presented Resolution No. 79-81:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PETITIONING THE BOARD OF COUNTY COMMIS-
SIONERS OF PALM BEACH COUNTY, PURSUANT TO SECTION 125.01
(6)(a) AND (7), FLORIDA STATUTES (1979), TO PROVIDE RE-
LIEF FROM TAXES UNLAWFULLY LEVIED UPON PROPERTY SITUATE
WITHIN THE CITY OF DELRAY BEACH TO FINANCE SERVICES
RENDERED SPECIALLY FOR THE BENEFIT OF THE PROPERTY OR
RESIDENTS IN UNINCORPORATED AREAS OF PALM BEACH COUNTY BY
REMITTING TO THE CITY OF DELRAY BEACH THE IDENTIFIED COST
OF SUCH SERVICES LEVIED AND COLLECTED DURING THE 1977-78,
1978-79, 1979-80 AND 1980-81 FISCAL YEARS, AND BY FINANC-
ING SUCH SERVICES FROM REVENUES DERIVED SPECIFICALLY FROM
OR ON BEHALF OF A MUNICIPAL SERVICE TAXING UNIT, SPECIAL
DISTRICT, UNINCORPORATED AREA, SERVICE AREA OR PROGRAM
AREA, OR BY ANY OTHER LAWFUL METHOD, DURING THE 1981-82
FISCAL YEAR; AND FOR OTHER PURPOSES.
(Copy of Resolution No. 79-81 is on file in the official
Resolution Book)
The City Attorney reported that this will put the City in
the best position it can be in at this particular point in time. He
feels that it is very important that Council adopt this resolution to
lay the foundation for any litigation that the City may want to bring in
the future.
Mr. Bird moved for the adoption of Resolution No. 79-81,
seconded by Mr. Scheifley. Upon roll call Council voted as follows:
Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes -
Yes. Said motion passed with a 4 to 0 vote.
Mr. Scheifley stated that he had a discussion today with Mr.
Huddleston, Finance Director, who suggested that the City of Delray
Beach place a few ads in the local papers addressed to the taxpayers of
the City referring to the form they received in the mail and stating
that their Delray Beach City taxes would be something less than what
appeared. Mr. Scheifley concurs with that suggestion.
Mrs. Durante stated that the taxpayers read the articles in
the newspaper; spending money for ads is unnecessary. Mr. Bird stated
that at their meetings he has repeatedly told the citizens about the
reduction; he feels that such an ad might have a negative influence.
Mayor Weekes was also opposed to the suggestion.
Upon question by Mr. Bird, the City Attorney replied that
the other cities, in order to be co-plaintiffs in a possible lawsuit,
would have had to file some type of resolution before budget adoption.
He is not even sure that, by adopting a resolution, the City is going to
be eligible for relief from the 81-82 tax year.
Mr. Bird stated that it was suggested that he, as President
of the Municipal League, write a letter strongly objecting to the muni-
palities having to pay any portion of the 4.2 million dollars. He
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should adopt and send to the other municipalities to ask their concur-
ence and have copies of it forwarded to the County Commissioners.
Mayor Weekes declared the meeting adjourned at 4:45 P.M.
' ~- City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray
Beach and that the information provided herein is the minutes of the
meeting of said City Council of October 1, 1981, which minutes were for-
mally approved and adopted by the City Council on 6~.~.~/3. /~.~/ ·
NOTE TO READER:
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes of City
Council. They will become the official minutes only after they have
been reviewed and approved which may involve some amendments, additions,
or deletions to the minutes as set forth above.
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