HomeMy WebLinkAboutResolution 388 Seminole County Services
RESOLUTION NO. 388
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, IDENTIFYING SERVICES RENDERED
BY SEMINOLE COUNTY WHICH PROVIDE NO REAL AND SUB-
STANTIAL BENEFIT TO PROPERTY OR RESIDENTS WITHIN
THE CITY OF WINTER SPRINGS AND WHICH ARE FINANCED FROM
COUNTYWIDE REVENUES AND AD VALOREM TAXES: PETITIONING
THE BOARD OF COUNTY COMMISSIONERS OF SEMINOLE COUNTY,
FLORIDA, TO DEVELOP APPROPRIATE MECHANISMS TO FINANCE
SUCH SERVICES PURSUANT TO SECTION l25.0l(6)(a) and (7)
FLORIDA STATUTES; DIRECTING THE CITY CLERK TO TRANSMIT
A CERTIFIED COpy OF THIS RESOLUTION TO THE BOARD OF
COUNTY COMMISSIONERS OF SEMINOLE 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 l(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 l25.0l(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 Commissioners 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 county-
wide services, programs and projects; and
WHEREAS, the City of Winter Springs is conducting a study which
will identify and itemize services rendered by Seminole 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 Winter
Springs,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA:
SECTION I - That pursuant to Section l25.0l(6)(a) Florida
Statutes, the following services are hereby identified to the Board of
County Commissioners of Seminole 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 sub-
stantial benefit to property or residents located within the City of
Winter Springs, Florida, although financed from countywide revenues.
A. All costs related to the County Planning Division
including comprehensive planning, water resource management, reviews of
development projects in relation to the County's Land Development
Ordinances.
B. All costs related to the County Development Department's
Land Management and Building Divisions.
C. All costs of Parks and Recreation Programs/Projects which
provide no real and substantial benefit to property or residents located
within the incorporated areas and financed from countywide revenue.
D. All Engineering costs relating to subdivision review and
inspection and design, survey and inspection of county local road system
including graded roads.
E. All Road and Bridge and other non-departmental road
expenditures relating to maintenance and/or construction of county local
road system including both paved and unpaved roads and road rights-of-way;
and all drainage maintenance or construction related to county local road
system.
F. All costs of Environmental Services Section for inspection and
issuing permits associated with new development waste water system tie-in to
county system.
G. Road Patrol and Investigations as provided by the Seminole
County Sheriff's Office including appropriate payroll, administrative,
operating and capital costs.
H. All costs for construction of fire stations which provide
services to the residents of unincorporated areas.
I. All costs associated with the acquisition, development,
equipment, maintenance and operation of the refuse collection and disposal
unit.
J. All above costs of services to include appropriate payroll
overhead, overhead, supervision, administration and capital costs;
including costs of Clerk to the Board, County Administrator, County
attorney, personnel, purchasing, data processing and other maintenance
services, courthouse maintenance, and other similar direct and indirect
costs of providing services.
SECTION II - That the Board of County Commissioners of Seminole
County, Florida, is hereby petitioned to develop appropriate mechanisms
and take appropriate actions under the provisions of Section l25.0l(6)(a),
Florida Statutes, to finance the aforesaid services, facilities and
activities from revenues other than those derived from taxation, assess-
ments, or service charges on property or residents within the City of
Winter Springs.
SECTION III - The Board of County Commissioners of Seminole
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 IV - The Board of County Commissioners of Seminole County,
Florida, is petitioned to return to the City of Winter Springs, the amount
of taxes, service charges and/or other revenues paid by residents and
taxpayers of the City of Winter Springs 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,
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 1982-83, 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 V - The City Clerk is hereby directed to transmit a
certified copy of this Resolution to the Board of County Commissioners of
Seminole County, Florida.
SECTION VI - This Resolution shall take effect immediately upon
adoption.
Passed and adopted this 29th day of June, 1982.
CITY OF WINTER SPRINGS, FLORIDA
By: Troy J. Piland, MAYOR
ATTEST:
Mary T. Norton
CITY CLERK