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HomeMy Public PortalAboutRES 82/07RESOLUTION NO. 82 -7 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULFSTREAM, FLORIDA IDENTIFYING SERVICES RENDERED BY PALM BEACH COUNTY WHICH PROVIDE NO REAL AND SUB- STANTIAL BENEFIT TO PROPERTY OR RESIDENTS WITHIN THE TOWN OF GULF STREAM AND WHICH ARE FINANCED FROM COUNTYWIDE REVENUES AND AD VALOREM TAXES: PETITION- ING THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUN'T`Y, FLORIDA TO DEVELOP APPROPRIATE MECHANISMS 1C.) l'INANCI, SUCI I SLRVIC ES PURSUANT TO SECTION 125.01 (6) (a) and (7) FLORIDA S'TATU`1'LS; DIREC'TINv THE 'TOWN CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLU- TION TO THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA: PROVIDING AN EFFECTIVE DATE: WHEREAS, ARTICLE VIII, Section 1(h) of the 1968 revision to the Constitution of the State of Florida prohibits the taxation of property situated within municipalities for services rendered by the County exclusively for the benefit of property or resi- dents in the unincorporated area of the County; and WHEREAS, the Florida Supreme Court has determined the provisions of the Article VIII, Section 1 (h) are self - executing; and WHEREAS, the Florida Supreme Court has further interpreted the aforesaid constitutional prohibition to extend to those facili- ties and services which are of no real and substantial benefit to property or residents situated within municipalities; and .WHEREAS, Section 125.01 (6) (a), Florida Statutes, provides pro- cedures for the governing body of a municipality to petition the board of county comdssioners for relief from above described conditions; and WHEREAS, Section 125.01 (7), Florida Statutes, requires Boards of County Commissioners to expend all county revenues, excepting those obtained specially from or on behalf of a municipal service tax- ing unit, special district, unincorporated area, service area, or program area, for countywide services, programs and projects; and WHEREAS, the Town of Gulfstream is conducting a study which will identify and itemize services rendered by Palm Beach County, fin- anced by countywide revenues and ad valorem taxes, and which pro- vide no real and substantial benefits to residents and taxpayers of the Town of Gulfstream, NOW THEREFOFE, BE IT RESOLVED BY THE TOWN COMMISSION OF 11T E TOWN OF GULFSTREAM, 1,11 FSTIM90 Section 1. That pursuant to Section 125.01 (6) (a) Florida Statutes, the following services are hereby identified to the Board of County Commissioners of Palm Beach County, Florida, as being rendered Page 2 Resolution No. 82 -7 specially or exclusively for the benefit of property or residents in the unincorporated areas of the County, and /or as being of no real and substantial benefit to property or residents located within the Town of Gulfstream, and therefore should continue to be finances from unincorporated revenues. A. Munici�kzl Service Taxing DisLricL Administration C. Contractor's Licensing D. Planning E. Zoning F. Board of Adjustment G. Planning Commission H. Examining Board I. Building Board of Appeals J. Building Code Advisory Board - Products K. Lot Clearing L. Fair Share Ordinance - Municipal Service Taxing District M. County Fire Control N. Engineering - Land Development Section 2. That pursuant to Section 125.01 (6) (a) Florida Statutes, the following services are hereby identified to the Board of County Commissioners of Palm Beach County, Florida, as being rendered specially or exclusively for the benefit of property or residents in the unincorporated areas of the County, and /or as being of no real and substantial benefit to property or residents located with- in the Town of Gulfstream, Florida although financed from county- wide revenues. A. All costs of Sheriff's Road Patrol including related administrative and overhead expenses. B. All costs of the Detective and Investigations Division as provided by the Sheriff's Department including related administrative and overhead expenses. C. All costs of services for the construction and maintenance of local unclassified county roads and bridges, such as subdivision streets, roads, bridges, alleys, rights -of -way, easements, unpaved roads, and shell rock roads; including Engineering; Administra- tion; Construction Coordination; survey; Design; Land Acquisition; Land Development; Traffic Control; Signage; Striping and Drainage; including all direct and indirect administrative and overhead expenses. Page 3 Resolution No. 82 -7 Section 3. That the Board of County Commissioners of Palm Beach County, Florida, is hereby petitioned to develop appropriate mechan- isms and take appropriate actions under the provisions of Section 125.01 (6) (a), Florida Statutes, to finance the aforesaid services, facilities and activities from revenues other than those derived from taxation, assessments, or service charges on property or resi- dents within the Town of Gulfstream. Section 4. The Board of County Commissioners of Palm Beach County, Florida, is further petitioned to utilize to the extent necessary, Florida Statue 129.021 to secure additional appropriate data from various County Officers. Section 5. The Board of County Commissioners of Palm Beach County, Florida, is petitioned to return to the Town of Gulfstream the amount of taxes, service charges and /or other revenues paid by residents and taxpayers of the Town of Gulfstream as well as all other revenues excepting those revenues obtained specially from or on behalf of a municipal service taxing unit, special distript, unincorporated area, service area, or program area, as set forth in Florida Statute 125.01 (7), to the extent utilized to finance services identified in Sections 1 and 2 of this Resolution, for Fiscal Year 1982 -83, and for each ensuing Fiscal Year, until such time as alternate financing mechanisms have been implemented and "double taxation" conditions have ceased to exist. Section 6. The Town Clerk is hereby directed to transmit a certi- ,�fied copy of this Resolution to the Board of County Commissioners of Palm Beach County, Florida. Section 7. This Resolution shall take effect immediately upon adoption ADOPTED BY THE TOWN COMMISSION OF THE TOWN OF GULFSTREAM, FLORIDA THIS 10th ATTEST: DAY OF SEPTEMBER , 1982• I, Barbara Gwynn, Town Clerk for the Town of Gulf Stream, Florida do hereby certify that the above foregoing (3 pages), is a true and correct copy of Resolution No. 82 -7 passed and adopted by the Town Commission of the Town of Gulf Stream on he 10th day of September 111121-- - `1 Barbara wyn6-Town Clerk