Res 71-82 RESOLUTION NO. 71-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, PETITIONING THE BOARD OF
COUNTY COMI~tISSIONERS OF PALM BEACH COUNTY, PUR-
SUANT 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 UNINCOR-
PORATED 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, 1980-81 AND 1981-82 FISCAL YEARS, AND BY FINANC-
ING SUCH SERVICES FROM REVENUES DERIVED SPECIFICALLY
FROM OR ON BEHALF OF A ~.~.UNICIPAL SERVICE TAXING UNIT,
SPECIAL DISTRICT, UNINCORPORATED AREA, SERVICE AREA
OR PROGRAM AREA, OR BY ANY OTHER LAWFUL METHOD,
DURING THE 1982-$3 FISCAL YEAR; AND FOR OTHER PURPOSES.
WHEREAS, Section i25.01(6)(a), Florida Statutes (i981), 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 services, programs 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 or/Jet to implement the mandate
of Article XIII, Section l(h), Florida Constitution; and,
WHEREAS, Section 125.0i(7), Florida Statutes (i981), 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
specifically 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 Palm
Beach County to develop an appropriate mechanism to finance the activities and services identified
in Resolutions No. 7~-75, 79-81, and this Resolution of the City of Delray Beach, either by taxes,
special assessments, or service charges levied solely upon residents or property in the unincor-
porated 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 Delray Beach,
Florida, the identified cost of said services paid by the taxes levied upon the property situate within
the City of Delray Beach, Florida; and,
WHEREAS, the Board of County Commissioners of Palm Beach County has failed to
respond to the petitions of the City Council of the City of Delray Beach, Florida; and
WHEREAS, the Circuit Court of the Fifteenth Judicial Circuit, in Town of Palm Beach,
et al. vs. Palm Beach County, Case No. 78-3978 CA (L) 01 B, has declared all or part of the services
enumerated herein to be provided by Palm Beach County in violation of Article XIII, Section l(h),
Florida Constitution, because these services are funded through taxes levied and collected by Palm
Beach County upon property in the City of Delray Beach, Florida and certain other cities (case
pending on appeal in Fourth District Court of Appeal); and,
WHEREAS, the Board of County Commissioners is now engaged in activities preparatory
to the adoption of its budget for the 1982-83 fiscal year; and,
WHEREAS, the City of Delray Beach, Florida, has, and does hereby find and determine
that the services described in Section I 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 Palm Beach County, Florida, to remit to the City of Delray Beach,
Florida, the identified cost of the programs, activities and services set forth below paid by the taxes
levied upon property situate within the City of Delray Beach for the 1977-78, 197g-79, 1979-80, 1980-
81 and 1981-82 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:
I. Law enforcement services rendered through the Sheriff's road patrol and detective
and investigative divisions, including the overhead, communications, and adminis-
trative expenses related thereto.
2. Construction and maintenance of neighborhood parrs and recreation areas.
3. All services for the construction and maintenance of County roads and bridges not
on the classified County road system including, but not limited 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.
g. Erecti0~ and maintenance of street identificatioh signs.
5. Operation of the County Planning, Zoning and Building Departments.
6. Construction and maintenance of subdivision street system.
7. 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.
12. Fire prevention, code enforcement and fire control.
13. Administration of land development programs.
lg. Planning, acquisition, construction, maintenance and operation of water and
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 1982-83 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 ad
2 RES. NO. 71-82
valorem taxes specifically upon the property in the unincorporated area of Palm Beach County,
Florida, to finance those activities and services during the 1982-83 fiscal years; or by remitting the
identified cost of such activities, 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 certified 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 27th day of
July , 1982.
MAYOR U CS
ATTEST:
C~ Clerk ~
3 RES. NO. 71-82