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HomeMy Public PortalAboutRES 81/13RESOLUTION NO. 81 -13 A RESOLUTION OF THE TOWN CO,MISSION OF THE TOWN OF GULF STREAM, FLORIDA, PETITIONING THE BOARD OF COUNTY COMMIS- SIONERS OF PALM BEACH COUNTY PURSUANT TO SECTION 126.01(6)(a) AND (7) FLORIDA STATUTES (1979), TO PROVIDE RELIEF FROM TAXES UNLAWFULLY LEVIED UPON PROPERTY SITUATE WITHIN THE TOWN OF GULF STREAM TO FINANCE SERVICES RENDERED SPECIALLY FOR THE BENEFIT OF THE PROPERTY OR RESIDENTS IN UNINCORPORATED AREAS OF PALM BEACH COUNTY BY REMITTING TO THE TOWN OF GULF STREAM THE IDENTIFIED COST OF SUCH SERVICES LEVIED AND COLLECTED DURING THE 1977 -78, 1978 -79, 1979 -80 AND 1980 -81 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 1981 -82 FISCAL YEAR; AND FOR OTHER PURPOSES. WHEREAS, Section 125.01(6)(a), Florida Statutes (1979), 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 specially for the benefit of the property or residents in unincorporated areas and financed from county -wide revenues; and WHEREAS, 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 Town Commission of the Town of Gulf Stream, a municipality within Palm Beach County, Florida, hereby petitions the Board of County Commissioners of Palm Beach County to develop an appropriate mechanism to finance the activities and services identi- fied herein of the Town of Gulf Stream 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 Town of Gulf Stream the identified cost of said services paid by the taxes levied upon property situate within the Town of Gulf Stream; and WHEREAS, the Board of County Commissioners of Palm Beach County is now engaged in activities preparatory to the adoption of hits budget for the 1981 -82 fiscal year; and WHEREAS, the Town of Gulf Stream, Florida, has, and does hereby find and determine that the services described in Section 1 below, now financed from county -wide revenues are rendered speci- fically for the benefit of the propery or residents in the unincor- porated areas and the property owners in the Town of Gulf Stream receive no real or substantial benefits from said services, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF ITHE TOWN OF GULF STREAM, FLORIDA, as follows: Section 1. That the Town Commission of the Town of Gulf Stream, 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 Town of Gulf Stream the identified cost of the activities and services set forth below paid by the taxes levied upon property situate within the Town of Gulf Stream for the 1977 -78, 1978 -79, 1979 -80 and 1980 -81 fiscal years, said activities and services being rendere specially for the benefit of the property or residents in unincor- porated areas of Palm Beach County and of no real or substantial benefit to the property in or residents of the Town of Gulf Stream, as follows: 1. Law enforcement rendered through the Sheriff's road patrol and detective divisions including the overhead, communications and administration related thereto. 2. Construction and maintenance of neighborhood parks and recreation areas. 3. All services for the construction and mainte- nance of County roads and bridges not on the classified county road system including but not limited to: (a) engineering, road and bridge administration services, designs and land acqui- -2- r t sitions; (b) streets signs, traffic signs, striping, signal installations, operation and maintenance. 4. Erection and maintenance of street identi- fication signs. 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 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. 14. Planning, acquisition, construction, maintenance and operation of water and sanitary 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. Section 2. That the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, 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 muni- cipal 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 Town of Gulf Stream, within six (6) months of the adoption of the county budget, in the proportion that the amount of County revenues -3- ollected within the Town of Gulf Stream bears to the total amount f countywide revenues collected by the county, or by any other thod prescribed by state law. Section 3. That the Town Clerk shall file a certified opy of this Resolution with the Palm Beach County Clerk and shall ave hand delivered a copy to each of the County Commissioners of Palm Beach County, the County Administrator and the County Attorney. ST; PASSED AND ADOPTED this 13th day of November , 1981. IC AND/90NISTITOTING THE TOW COi SSION OF THE TOWN OF GULF STREAM, FLORIDA I, BARBARA J. GWYNN, Clerk of the Town of Gulf Stream, Florida, do hereby certify that this is a true and correct copy of Resolution #81 -13 adopted November 13, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Town of Gulf Stream, Florida this 23rd day of November, 1981. (SEAL) -4-