1983-38 Petitioning PBC Commissioners to Provide Relief from Taxes Unlawfully Levied on PropertyRESOLUTION NO. 38-83
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 (5) (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 1982-83 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
1983-84 FISCAL YEAR.
WHEREAS, Section 125.01 (6) (a), 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 implant 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 pro9ect 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 Village Councfil 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 6y 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 of North Palm Beach; and
WHEREAS, the Circuit Court of the Fifteenth Judicial Circuit, in
Town of Palm Beach, et al. v. Palm 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 1983-84 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(5)(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 1983-84 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
or substantial 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
(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 Countil of the Village of North Palm Beach further
2
petitions the Board of County Commissioners of palm Beach County to finance
services and programs described in Section 1 of this Resolution during the 1983-84
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 cost 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 8th DAY OF SEPTEMBER, 1983.
VILLAGE OF NORTH PALM BEACH, FLORIDA
~l1'//z ~ //''D
VICE MAYOR
ATTEST:
Village Clerk