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2010-28 Opposing 1% Sales Surtax for Emergency Fire Rescue Services & FacilitiesRESOLUTION 2010-28 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, EXPRESSING ITS OPPOSITION TO THE PROPOSED ONE PERCENT SALES SURTAX FOR EMERGENCY FIRE RESCUE SERVICES AND FACILITIES AND CONVEYING ITS DECISION TO DECLINE PARTICIPATION IN AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE SURTAX PROCEEDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 212.055(8), Florida Statutes, authorizes a county to levy a discretionary sales tax of up to one percent (1%) for emergency fire rescue services and facilities, subject to voter approval in a countywide referendum; and WHEREAS, on Apri16, 2010, the Palm Beach County Board of County Commissioners voted to place the question of whether to impose a one percent (1%) discretionary sales tax on the August 24, 2010 primary ballot; and WHEREAS, as a condition precedent to placing the matter on the ballot, the County must develop and execute an Interlocal Agreement with a majority of the County's fire rescue providers providing for the collection and distribution of the surtax proceeds; and WHEREAS, if adopted, each participating jurisdiction must reduce its ad valorem tax -levy or any non ad valorem assessment for fire control and emergency rescue services by the estimated amount of revenue provided by the surtax; and WHEREAS, the Village of North Palm Beach is a provider of fire and rescue services and funds these services through the levy of ad valorem taxes; and WHEREAS, the Interlocal Agreement proposed by Palm Beach County does not resolve numerous questions and issues regarding the collection and distribution of surtax proceeds, including, but not limited to, penalizing those jurisdictions that have been more fiscally conservative (and disproportionately benefiting the County); failing to adequately address the distribution of proceeds to jurisdictions that contract with participating jurisdictions for fire rescue services; failing to address the volatility of sales tax revenue and provide a means to guard against such volatility; and failing to address the timing of the distribution of surtax revenues; and WHEREAS, the Village Council determines that a shift in the funding source for fire rescue services from ad valorem taxes to a sales tax surcharge is not in the best interests of the Village and its residents and wishes to express ,its decision not to execute the proposed Interlocal Agreement with Palm Beach County at this time. • Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE • OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing "whereas" clauses are ratified and incorporated herein. Section 2. The Village Council hereby expresses its opposition to Palm Beach County's proposal to institute a one percent (1%) sale surtax for funding fire rescue services and facilities in lieu of funding such services through the ad valorem taxes currently collected by the Village. Section 3. The Village Council hereby conveys its decision to decline participation in the Interlocal Agreement proposed by Palm Beach County at this time. Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 13th DAY OF MAY, 2010. (Village Seal) ATTEST: ~%~~~~,z~Gt/ C~ i~G~ VILLAGE CLERK C7 Page 2 of 2