1982-31 Petitioning PBC Commissioners to Provide Relief from Taxes Unlawfully Levied on Property
RESOLUTION N0. 31-82
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, PETITIONING THE BOARD OF
COUNTY COMMISSIONERS OF PALM BEACH COUNTY, PURSUANT TO
SECTION 125.01(6)(a) AND (7), FLORIDA STATUTES (1981),
TO PROVIDE RELIEF FROM TAXES UNLAWFULLY LEVIED UPON
PROPERTY SITUATE WITHIN THE VILLAGE OF NORTH PALM
BEACH TO FINANCE SERVICES RENDERED SPECIALLY FOR THE
' BENEFIT OF THE PROPERTY OR RESIDENTS OF UNINCORPORATED
AREAS OF PALM BEACH COUNTY, BY REMITTING TO THE VILLAGE
OF NORTH PALM BEACH THE IDENTIFIED COST OF SUCH SERVICES
LEVIED AND COLLECTED DURING THE 1981-82 FISCAL YEAR, 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 1982-83 FISCAL YEAR.
WHEREAS, Section 125.01(6)(x), Florida Statutes (1981),
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 countywide revenues, in order to implement the
' mandate of Article VIII, Section 1(h), Florida Constitution; and
WHEREAS, Section 125.01(7), Florida Statutes (1981),
prohibits the use of county revenues to fund any service or
pro3ect 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 of program area; and
WHEREAS, the Village Council of the Village of North
Palm Beach, 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 Resolution 42-1979 of the
Village of North Palm 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 Village of
North Palm Beach the identified cost of said services paid by the taxes
levied upon property situate within the Village of North Palm
Beach; and
WHEREAS, the Board of County Commissioners of Palm
Beach County has failed to respond to the petitions of the
Village Council of the Village of North Palm Beach; and
WHEREAS, the Circuit Court of the Fifteenth Judicial
' Circuit, in Town of Palm Beach, et al. v. Palt< Beach County
(Case No. 78-3978 CA (L) O1 B) has declared the services
enumerated herein were and are provided by Palm Beach County
in violation of Article VIII, Section 1(h), Florida Constitution,
because the services are funded through taxes levied and
collected by the County upon property in the Village of North Palm
Beach and certain other cities (case pending on 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.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA:
Section 1: The Village Council of the Village of
North Palm 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 Village of North Palm Beach the proportionate share of the
identified cost of the services and programs set forth below paid
by taxes levied upon property situate within the Village of North
Palm Beach for the 1981-82 fiscal year, said services and programs
being rendered specially for the benefit of the property or residents
in unincorporated areas of Palm Beach County and of no real of sub-
stantial benefit to the property in or residents of the Village of
North Palm Beach as follows:
1. Law enforcement services rendered through the
Sheriff's road patrol and detective and investigative divisions,
including the administrative and overhead expenses related thereto.
2. 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, surveys,
designs and land acquisitions; and
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(b) Street signs, traffic signs, striping, signal
installation, operation and maintenance.
3. Construction and maintenance.of neighborhood parks
and recreation areas.
Section 2: The Village Council of the Village of
North Palm Beach further petitions the Board of County Commissioners
' of Palm Beach County to finance the services and programs described
in Section 1 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; 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; or by remitting the
identified cost of such services and programs paid from revenues
required to be expended on a countywide basis to the Village of
North Palm Beach, within six months of the adoption of the county
budget, in the proportion that the amount of county ad valorem tax
revenues collected within the Village of North Palm Beach bears to
' the total amount of countywide ad valorem tax revenues collected
by the County, or by any other method of coat allocation which is
equitable and allowed by law.
Section 3: The Village Clerk shall file a certified copy
of this Resolution with the Palm Beach County clerk and shall
deliver a copy to each of the County Commissioners of Palm Beach
County and to the County Administrator and County Attorney by mail.
Section 4: This Resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED THIS 10TH DAY OF JUNE, 1982.
VILLAGE OF NORTH PALM BEACH, FLORIDA
MAYOR
ATTEST:
VILLAGE CLERK