1984-17 City/County Taxing DistrictsRESOLUTION NO. 84-17
A RESOLUTION REQUESTING ACTION BY THE OKEECHOBEE BOARD
• OF COUNTY COMMISSIONERS IN ACCORDANCE WITH CHAPTER
125.01(6) (a) FLORIDA STATUTES.
WHEREAS, ARTICLE VIII, Section 1(h) of the 1968 revision of the Constitution
of the State of Florida prohibits the taxation of property situated within municipa-
lities 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 municipa-
lities; and
WHEREAS, Section 125.01(6) (a), Florida Statutes, provides 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 boards of County Comm-
mssioners 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 City of Okeechobee herein identifies and itemizes services rend-
ered by the County, financed by countywide revenues and ad valorem taxes, and which
provide no real and substantial benefits to residents and taxpayers of the City of
Okeechobee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE,
as follows:
Section 1. That pursuant to Section 125.01(6) (a) Florida Statutes, the foll-
owing services are hereby identified to the Board of County Commissioners of Okeechobee
County, Florida, as being rendered specially or exclusively for the benefit of prop-
erty 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
0
Okeechobee, Florida although financed from county wide revenues.
A. All costs related to County Building Inspections, Zoning
Comprehensive Planning and Subdivision Regulations.
AdhL B. Engineering costs relating to subdivision review and
_ inspection.
C. Road patrol and investigations as provided by the
Okeechobee County Sheriff's Office including appropri-
ate payroll, administrative, operating and capital costs.
D. Fire control expenditures not covered by revenues derived
from county fire/rescue Municipal Service Taxing Unit
(MSTU) including all contracts and contributions for fire
services, State Forestry assessment, and capital outlay
including costs of land for fire sub -station.
E. All above costs of services to include appropriate pay-
roll overhead, 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 Okeechobee County, Florida,
is hereby petitioned to develop appropriate mechanisms and take appropriate actions
under the provision of Section 125.01(6) (a), Florida Statutes, to finance the afore-
said services, facilities and activities from revenues other than those derived from
taxation, assessments or service charges on property or residents within the City of
Okeechobee.
Section 3. The Board of County Commissioners of Okeechobee County, Florida,
is further petitioned to continue to comply with Florida Statute 129.01(2) (b) and
to utilize to the extent necessary, Florida Statute 129.021.
Section 4. The Board of County Commissioners of Okeechobee County, Florida,
is petitioned to return to the City of Okeechobee, the amount of taxes, service
charges and/or other revenues paid by residents and taxpayers of the City of
Okeechobee as well as all other revenues excepting those revenues obtained specifi-
cally from or on behalf of a municipal service taxing unit, special district, unincor-
porated 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 1984-85, and for each ensuing Fiscal Year, until such time as alter-
nate 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 Okeechobee County,
Florida.
Section 6. This Resolution shall take effect immediately upon its adoption.
Introduced and adopted in regular session of the Okeechobee City Council
assembled this 20th day of August , 1984.
Edward W. Douglas
Mayor/Chairman
City of Okeechobee
ATTEST:
Bonnie S. Thomas
City Clerk
City of Okeechobee