Res 79-81 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 SUC~ 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.
W~EREAS, Section 125.01(6)(a), Florida Statutes (1979), estab-
lishes the method and procedure by which the governing body of a munici-
pality may petition the Board of County Commissioners to develop an appro-
priate mechanism to finance services, programs and activities for the
ensuing fiscal year rendered specially for the benefit of the property or
residents in unincorporated areas and financed from county-wide revenues;
and,
~EREAS, Section 125.01(7), Florida Statutes (1979), 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, a munici-
pality within Palm Beach County, Florida, has previously petitioned the
Board of County Commissioners of Palm Beach County to develop an appro-
priate mechanism to finance the activities and services identified in
Resolution No. 74-78 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 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 Delray Beach the identified cost of said services paid by the
taxes levied upon property situate within the City of Delray Beach; 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; and,
WHEREAS, the Board of County Commissioners is now engaged in
activities preparatory to the adoption of its budget for the 1981-82; and,
WHEREAS, the City of Delray 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 (1979), does hereby petition the Board of County Commissioners of
Palm Beach County, Florida, to remit to the City of Delray Beach the
identified cost of the 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 and 1980-81 fiscal years, said 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, as follows:
1. Law enforcement rendered through the Sheriff's road
patrol and detective divisions including the over-
head, communications and administration related
thereto.
2. Construction and maintenance of neighborhood parks
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) engi-
neering, road and bridge administration services,
designs, and land acquisitions; (b) streets signs,
traffic signs, striping, signal installations, opera-
tion and maintenance.
4. Erection and maintenance of street identification
signs.
5. Operation of the County Planning, Zoning and Building
Department.
6. Construction and maintenance of subdivision street
system.
7. Maintenance of shellrock roads.
8. Installation and maintenance of street lighting
systems.
9. Construction and maintenance of storm drainage sys-
tems.
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.
14. Planning, acquisition, construction, maintenance and
operation of water and sanita~3 sewer utility systems.
15. General administration for the County Commission
including, but not limited to, the County Commission,
County Attorney, County Administrator, Radio Communi-
cations System, and Finance Office.
16. Rural lot cleaning program.
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Section 2. That the City Council of the City of Delray Beach
further petitions the Board of County Commissioners of Palm Beach County
pursuant to Section 125.01(6)(a) and (7), Florida Statutes (1979), to
finance the activities, programs and services set forth in Section 1 of
this resolution by taxes, special assessments, or service charges levied
or imposed solely upon residents or property in the unincorporated area of
Palm Beach County; by the utilization of one or more municipal service
taxing units to levy ad valorem taxes specifically upon property in the
unincorporated area of Palm Beach County to finance those activities and
services during the 1981-82 fiscal year; or by remitting the identified
cost of service paid from revenues required to be expended on a countywide
basis to the City of Delray Beach, within six months of the adoption of
the county budget, in the proportion that the amount of county revenues
collected within the City of Delray Beach bears to the total amount of
countywide revenues collected by the county, or by any other method pre-
scribed by state law.
Section 3. That the City Clerk shall 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 special session on this the 1st day of
October , 1981.
MAYOR ~
LEON M. WEEKES
ATTEST:
City Clerk
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