Res 32-83 RESOLUTION NO. 32-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PETITIONING THE BOARD OF COUNTY COM-
MISSIONERS OF PALM BEACH COUNTY, PURSUANT TO SECTION
125.01(6)(a) AND (7), FLORIDA STATUTES (1981), TO PROVIDE
RELIEF 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 OF UNINCORPORATED AREAS OF PALM
BEACH COUNTY BY REMITTING' TO THE CITY OF DELRAY BEACH
THE IDENTIFIED COST OF SUCH-SERVICES LEVIED AND COL-
LECTED DURING THE 1977-78, 1978- 79, 1979-80,' 1980-81, 1981-82,
AND 1982-83 FISCAL YEARS, AND BY FINANCING 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 1983-84 FISCAL
YEAR; AND FOR OTHER PURPOSES.
WHEREAS, Section 125.01(6)(a), Florida Statutes (1981), establishes the
method and procedure by which the governing' body of a municipality may petition the
Board of County Commissioners to develop an appropriate mechanism to finance ser-
vices, progrsms and activities for the ensuing' fiscal year rendered especially for the
benefit of the property or residents in unincorporated areas and financed from
County-wide revenues, in order to implement the mandate of Article XIII, Section l(h),
Florida Constitution; and,
WHERFJ~S, Section 125.01(7), Florida Statutes (1981), prohibits the use of
County revenues to fund any service or project provided by the County where no real
and substantial benefit accrues to the property or residents within a municipality or
municipalities except County revenues derived specific-l]y from or on behalf of a
municipal service taxing unit, special district,, unincorporated area, service area or
program area; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, a
municipality within Palm Beach County, Florida, has previously petitioned the Board of
County Commissioners of Pnlm Beach County to develop an appropriate mechanism to
finance the activities and services identified in Resolutions No. 74-78, 79-81, 71-82 and
this Resolution of the City of De[ray Beach, either by taxes, special assessments, or
service charges levied solely upon residents or property in the unincorporated areas of
Palm Beach County, by the establishment of a municipal service taxing or benefit unit
pursuant to Section 125.01(1)(q), Florida Statutes, or by remitting to the City of
De[ray Beach, Florida, the identified cost of said services paid by the taxes levied
upon the property situate within the City of De[ray Beach, Florida; and,
WHEREAS, the Board of County Commissioners of Palm Beach County has
f-iled to respond to the petitions of the City Council of the City of De[ray Beach,.
Florida; and,
WHEREAS, the Board of County Commissioners is now engaged in activities
preparatory to the adoption of its budget for the 1983-84 fiscal year; and,
WHEREAS, the City of De[ray Beach, Florida, has, and does hereby find and
determine that the services described in Section 1 below, now financed from
County-wide revenues are rendered specifically for the benefit of the property or
residents in the unincorporated areas and the property owners in the City of Delray
Beach receive no real or substantial benefits from said services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Council of the City of Delray Beach, Palm Beach
County, Florida, pursuant to Section 125.01(6)(a), Florida Statutes (1981), does hereby
petition the Board of County Commissioners of P~lm Beach County, Florida, to remit to
the City of Delray Beach, Florida, the identified cost of the profframs, activities and
services set forth below paid by the taxes levied upon property situate within the City
of Delray Beach for the 1977-78, 1978-79, 1979-80, 1980-81, 1981-82, and 1982-83 fiscal
years, said programs, activities and services being rendered specially for the benefit of
the property or residents in unincorporated areas of Palm Beach County and of no real
or substantial benefit to the property in or residents of the City of Delray Beach,
Florida, as follows:
1. Law enforcement services rendered through the Sherifi~s road patrol and
detective, and investigative divisions, including the overhead, communica-
tions, and administrative expenses related thereto.
2. Construction and maintenance of neighborhood parks and recreation
All services for the construction and maintenance of County roads and
bridges not on the classified County road system including, but not
linfited to:
a. Engineering, road and bridge-administration services, surveys,
designs,~ and land acquisitions.; and,
b. Street signs, traffic signs and signals, striping, signal installation,
operation and maintenance.
4. Erection and maintenance of street identification signs.
5. Operation of the County Planning, Zoning and Building Departments..
Construction and maintenance of subdivision street system.
Maintenance of shell rock roads.
8. Installation and maintenance of street lighting systems.
9. Construction and maintenance of Storm drainage systems.
10. Administration of solid waste collection systems.
11. Administration of fire control tax districts.
Fire prevention, code enforcement and fire control.
13. Administration of land development programs.
14. Planning, acquisition, construction, maintenance and operation of water
an'al' sanitary sewer utility systems.
15. General administration for the County Commission including, but not
limited, the County Commission, the County Attorney, the County
Administrator, radio communications system, and finance office.
16. Rural lot cleaning program.
Section 2. That the City Council of the City of Delray Beach, Florida,
further petitions the Board of County Commissioners of Palm Beach County, Florida,
pursuant to Section 125.01(6)(a) and (7), Florida Statutes (1981), to finance the
activities, programs and services set forth in Section 1, above, of this Resolution
during the 1983-84 fiscal year by taxes, special 'assessments, or service charges levied
or imposed solely upon residents or property in the unincorporated area of Palm Beach
County, Florida; by the utilization of one or more municipal service taxing units to levy
2 RES. NO. 32-83
ad valorem taxes specifically upon the property in the unincorporated area of Palm
Beach County, Florida, to finance those activities and services during the 1983-84 fiscai
years; or by remitting the identified cost of such activin/es, services and programs paid
from revenues required to be expended on a County-wide basis to the City of Delray
Beach, Florida, within six (6) months of the adoption of the County budget, in the
proportion to the amount of County ad valorem tax revenues collected within the City of
Delray Beach, Florida, bears to the total amount of County-wide ad valorem tax
revenues collected by the County, or by any other method of cost allocation which is
equitable and allowed by law.
Section 3. That the City Clerk is hereby authorized and directed to file a
cert~ed copy of this Resolution with the Palm Beach County Clerk, and shall have
hand-delivered a copy to each of the County Commissioners of Palm Beach County, the
County Administrator, and County Attorney.
PASSED AND ADOPTED in regular session on this the 26th day of
Apri/. , I983 .~
ATTEST:
3 RES. NO. 32-83