1981-24 County ServicesRESOLUTION NO. 81-24
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 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 ofamunicipality 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
Commissioners to expend all county revenues, excepting those obtained specially
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 Okeechobee has conducted a study which identifies and
itemizes services rendered 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, a copy of which is attached hereto and included
by reference,
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
following services are hereby identified to the Board of County Commissioners of
Okeechobee 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 Okeechobee, Florida although financed from countywide revenues.
A. All costs related to County Building Inspection, Zoning,
Comprehensive Planning and Subdivision Regulations.
B. Engineering costs relating to subdivision review and
inspection of the unpaved portion of the County Local
Road System.
C. Road and Bridge Departmental and other non -departmental
• road expenditures and relating to maintenance and/or
construction of the unpaved portion of the County local
road system, including road rights-of-way; and all drainage
maintenance or construction related to the unpaved portion
of the County local road system.
D. Road Patrol and Investigations as provided by the
Okeechobee County Sheriff's Office including appro-
priate payroll, administrative, operating and capital
• costs.
E. Fire Control expenditures including all contracts and
contributions for fire services, State Forestry assessment,
and Capital Outlay.
F. Animal Control.
G. All above costs of services to include appropriate payroll
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 appro-
priate actions under the provision 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 Okeechobee.
Section 3. The Board of County Commissioners of Okeechobee County Florida,
is further petitioned 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 specifically from
or on behalf of a municipal service taxing unit, special district, unincorporated 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 1982-
83, and for each ensuing Fiscal Year, until such time as alternate financing mechan-
isms 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,
Flordia.
Section 6. This Resolution shall take effect immediately upon its adoption.
Introduced and adopted in regular session of the Okeechobee City Council
assembled this 8th day of December , 1981.
j N,ZIL
T&iara W. Douglas /
Mayor/Chairman J
City of Okeechobee
ATTEST:
_ J
Bonnie S. Thomas
City Clerk
City of Okeechobee