HomeMy Public PortalAboutRES 83/03RESOLUTION #83 -3
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, FLORIDA IDENTIFYING SERVICES RENDERED BY
PALM BEACH COUNTY WHICH PROVIDE NO REAL AND SUBSTANTIAL
BENEFIT TO PROPERTY OF RESIDENTS WITHIN THE TOWN OF
GULF STREAM AND WHICH ARE FINANCED FROM COUNTYWIDE
REVENUES AND AD VALOREM TAXES; PETITIONING THE BOARD OF
COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, TO
DEVELOP APPROPRIATE MECHANISMS TO FINANCE SUCH SERVICES
PURSUANT TO SECTION 125.01 (6) (a) and (7) FLORIDA STATUTES
DIRECTING THE TOWN CLERK TO TRANSMIT A CERTIFIED COPY OF
THIS RESOLUTION 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 residents in the unincorporated area of the County; and
WHEREAS, the Florida Supreme Court has determined the provisions of 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 facilities 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 procedures for
the governing body of a municipality to petition the board of county com-
missioners 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 taxing unit, special district, unincorporated area,
service area, or program area, for countywide services, programs and projects; and
WHEREAS, the Town of Gulf Stream has conducted a study which identifies and
itemizes services rendered by Palm Beach County, financed by countywide revenues
and ad valorem taxes, and which provide no real and substantial benefits to
residents and taxpayers of the Town of Gulf Stream, NOW, THEREFORE,
BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM,
FLORIDA
Section 1. That pursuant to Section 125.01 (6) (a) Florida Statutes, the
following services are hereby identified to the board of 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 within the Town of Gulf stream, Florida and therefore should
continue to be financed from unincorporated revenues.
A. Municipal Service Taxing District
Administration
B. Building
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. Abandoned Auto Disposal
N. County Fire Control
O. 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 ares of the County, and /or as being of
no real and substantial benefit to property or residents located within the Town
of Gulf Stream although financed from countywide 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; Administration;
Construction Coordination; Survey; Design; Land
Acquisition; Land Development; Traffic Control; Signage;
Striping and Drainage; including all direct and
indirect administrative and overhead expenses.
D. Parks and Recreation Department construction and
maintenance of Neighborhood Parks and recreation areas
including all direct and indirect administrative and
overhead expenses.
E. All expenditures including direct and indirect administrative
and overhead expenses of the Transportation Authority (COTRAN)
that do not relate to the provision of service in the immediate
Gulf Stream, Highland Beach and Ocean Ridge areas.
Section 3. That the Board of County Commissioners of Palm Beach County, Florida,
is hereby petitioned to develop appropriate mechanisms 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 residents within the
Town of Gulf Stream.
Section 4. The Board of County Commissioners of Palm Beach County, Florida, is
further petitioned to utilize to the extent necessary, Florida Statute 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 the Town of Gulf Stream the amount of taxes, service charges
and /or other revenues paid by residents and taxpayers of the Town of Gulf Stream
as well as all other revenues excepting those revenues obtained specially from or
on behalf of a municipal service taxing unit, special district, unincorporated
area, service area, or program area, as set forth in Florida Statute 125.01 (7), to
the extent untilized to finance services identified in Sections 1 and 2 of this
Resolution, for Fiscal Year 1983 -84, 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 certified 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 GULF STREAM, FLORIDA THIS -r1u
DAY OF , 1983.
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1
MAYOR
ATTEST:
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TOWN CLERK