HomeMy WebLinkAboutR-1976-131 (3) j
RESOLUTION NO. 131
A RESOLUTION PETITIONING THE BOARD OF
COUNTY COMMISSIONERS TO COMPLY WITH
FLORIDA STATUTES, SECTION 125 . 01( 6 )
(a) AND (b) , TO DEVELOP APPROPRIATE
MECHANISMS TO DISTRIBUTE TO THE MUNICI-
PALITIES WITHIN THE COUNTY OF BROWARD A
PRO-RATED PORTION OF THOSE CERTAIN FUNDS
PREVIOUSLY ALLOCATED FROM THE GENERAL
TAX REVENUES OF THE COUNTY OF BROWARD AND
DESIGNATED FOR THE CONSTRUCTION AND IM-
PROVEMENT OF RECREATIONAL PARK FACILITIES
LOCATED WITHIN THE COMMUNITY CENTER IN
GRIFFIN PARK, SAME BEING A NEIGHBORHOOD
PARK LOCATED WITHIN THE UNINCORPORATED
AREA OF THE COUNTY OF BROWARD, OR IN THE
ALTERNATIVE, RESCIND THE APPROVAL OF THE
EXPENDITURE OF SAID SUMS FROM THE GENERAL
TAX REVENUES OF THE COUNTY OF BROWARD.
WHEREAS, the Broward County Commission , on February
17 , 1976 , allocated funds reserved for contingencies from the
General Tax Revenues of the County Budget , for the construction
of a neighborhood recreational facility at Griffin Park located
within the unincorporated area of the County of Broward , and
WHEREAS, Article VIII , Section 1 (h) of the Constit-
ution of the State of Florida 1968 provides : "Property situate
within municipalities shall not be subject to taxation for
services rendered by the County exclusively for the benefit of
the property or, residents in unincorporated areas" , and
WHEREAS , Florida Statutes Section 129 . 01 establishes
a budget system for the control of finances of the Boards of
County Commissioners , and Section 129. 01 (2 ) (b) requires that
each budget shall include itemized appropriations for all expend-
itures authorized by law, contemplated to be made , or incurred
for the benefit of the County, during the year, and that both
the receipts and appropriation divisions shall reflect the
approximate division of locally raised receipts , and all expend-
itures between the incorporated and unincorporated areas of the
County; and
WHEREAS, Florida Statutes 125 . 01 (6 ) (a) specifically
states as follows : "The governing body of a municipality or
municipalities by resolution, or the citizens of a municipality
or County by petition of 100 of the qualified electors of such
unit , may identify a service rendered specially for the benefit
of the property or residents in unincorporated areas , and
financed from the County-wide revenues , and petition the board
of county commissioners to develop an appropriate mechanism to
finance such activity, which may either be by taxes , special
assessments, or service charges levied solely upon residents or
property in the unincorporated area by the establishment of a
municipal service taxing or, benefit unit pursuant to paragraph (q)
of subsection (1) , or by remitting the identified cost of service
paid by the taxes levied upon property situate within the munici-
pality or municipalities to the municipality or municipalities" .
Florida Statutes Section 125. 01 ( 6) (b) states :
"The board of county commissioners shall , within ninety (90 ) days ,
file a response to such petition which shall either reflect
action to develop appropriate mechanism or reject said petition
and state findings of fact demonstrating that the service does
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not specially benefit the property or residents of the unincor-
porated area" , and
WHEREAS, the Broward County Charter , Article VIII , Section 8 . 05 ,
specifically provides : "The County Commission shall have full
power to create , alter or abolish special municipal taxing
districts or units to the full extent granted by the Constitution
and the Laws of Florida, provided, however , that the aforementioned
power to alter or abolish shall not extend to water management ,
water control, or drainage districts in existence at the time
of adoption of this Charter" , and
WHEREAS, pursuant to the above stated citations , the
City Commission of the City of Dania requests that the Board of
County Commissioners of Broward County comply with Article VIII
Section 1 (h) of the Constitution of the State of Florida 1968
in that certain funds have been specifically designated for
expenditure by the County exclusively for the benefit of property
and residents in the unincorporated area of the County of Broward ,
and that said expenditures were not specifically established and
set forth in the budget in compliance with Section 129 . 01 (2 ) (b) .
That the City Commission of the City of Dania further requests ...JJJ
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that the Board of County Commissioners comply with Florida
Statutes 1.25 , 01( 6 ) (a) and (b) in that this resolution shall
be considered as a formal petition in compliance with Florida
Statutes 125. 01( 6 ) (a) , and demand that the Board of County
Commissioners develop an appropriate mechanism to finance any
expenditure by the County for construction and/or improvement
of facilities within Griffin Park, which is located within the
unincorporated area of the County of Broward , by the establishment
of a municipal service taxing or benefit unit and not from any
funds which would be derived from taxes collected from any
residents from the incorporated areas of the County of Broward ,
and in the event that the Board of County Commissioners fail or
refuse to so act , that they shall , within ninety (90 ) days,
file a response to this petition which shall either develop
said appropriate mechanism, or reject this petition and state
findings of fact that said service does not specially benefit
the property or residents of the unincorporated area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DANIA, FLORIDA:
Section 1 . The City Commission of the City of Dania
petitions the Board of County Commissioners of the County of
Broward to comply with Florida Statutes 125 . 01 (6 ) (a) and (b)
to develop appropriate mechanisms to distribute to the municipal-
ities within the County of Broward a pro-rated portion of those
certain funds previously allocated from the General Tax Revenues
of the County of Broward and designated for construction and
improvement of recreationaly park facilities located within the
Community Center in Griffin Park, same being a neighborhood park
located within the unincorporated area of the County of Broward ,
or in the alternative , rescind the approval of the expenditure
of said sums from the General Tax Revenues of the County of Broward.
Section 2 . That the City Clerk be directed to furnish
a copy of this Resolution to th:� Board of County Commissioners
of the County of Broward, Mayors of each of the municipalities
of the County of Broward, and the President of the Broward
League of Cities.
Section 3 . That this resolution shall take effect
immediately upon its passage.
PASSED and ADOPTED this 20th day of April, 1976 .
Mayor-Commissioner
Attest :
City Clerk-Auditor
Approved for form and correctiveness
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By 0
City Attorney
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