Fort Walton Beach Resolution — 83-25-Double Taxation Request to County — reading text

y © C) RESOLUTION NO. 83-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA IDENTIFYING SERVICES RENDERED BY OKALOOSA COUNTY WHICH PROVIDE NO REAL AND SUBSTANTIAL BENEFIT TO PROPERTY OR RESIDENTS WITHIN THE CITY OF FORT WALTON BEACH AND WHICH ARE FINANCED FROM COUNTYWIDE REVENUES AND AD VALOREM TAXES: PETITIONING THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA TO DEVELOP APPROPRIATE MECHANISMS TO FINANCE SUCH SERVICES PURSUANT TO SECTION 125.01(6) (a) FLORIDA STATUTES; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA 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 afore- said constitution 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, indicates procedures for the governing body of a Municipality to petition the board of county commissioners for relief from above described conditions; and WHEREAS, Section 125.01(7), Florida Statutes, requires Board of County Commissioners to expend all county revenues, excepting those obtained specifically from or on behalf of a municipal service taxing unit, special district, unincor- porated area, service area, or program area, for countywide services, programs and projects; and WHEREAS, the City of Fort Walton Beach has conducted a study which identifies services rendered by Okaloosa County, financed by countywide revenues and ad yalorem taxes, and which provide no real and substantial benefits to residents and taxpayers of the City of Fort Walton Beach, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: 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 Okaloosa 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 City of Fort Walton Beach, Florida although financed from countywide revenues. A. All expenditures relating to Fire Control~Administration for the County's Fire Districts. B. All costs of Parks relating to specialized parks, neighbor- hood and mini-parks programs and projects. O eo) C. All expenditures of the Transportation function relating to the County's local road system, including costs of Engineering Traffic Engineering Road and Bridge Operations Vehicle/Equipment Maintenance Capital Improvement Program(Including resurfacing) D. All expenditures of the Engineering Department relating to the subdivision review and inspection process. E. All Sheriff's Department expenditures relating to the provision of the Patrol and Investigation Divisions for the unincorporated area including appropriate payroll, administrative, operating and capital costs. F. All above costs of services to include appropriate payroll oyerhead, general overhead, supervision, administration and capital costs; including costs of accounting, purchasing, building maintenance, and personnel, and other similar direct and indirect costs of providing services. SECTION 2. That the Board of County Commissioners of Okaloosa County, Florida, is hereby petitioned to develop appropriate mechanisms and take appro- priate 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 City of Fort Walton Beach. SECTION 3. The Board of County Commissioners of Okaloosa 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 4. The Board of County Commissioners of Okaloosa County, Florida is petitioned to return to the City of Fort Walton Beach, the amount of taxes, service charges and/or other revenues paid by residents and taxpayers of the City of Fort Walton Beach 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 utilized to finance services identified in Section 1 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 5. The City Clerk is hereby directed to transmit a certified copy of this Resolution to the Board of County Commissioners of Okaloosa County, Florida. SECTION 6. This Resolution shall take effect immediately upon adoption. © O ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA THIS QYm pAY OF PHra.y , 1983. / Mayor ATTEST: he (\ Ene City Clerk The form and sufficiency of the foregoing have been reviewed and approved by the Oye eens TD week . D. Michael Chesser