95-13 v e
RESOLUTION 95-13
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA REQUESTING A CHANGE TO UNITED STATES
PUBLIC LAW 103-426 AND PROVIDING LANGUAGE.
WHEREAS, the United States Department of Interior, Mineral
Management Service, by its interpretation of Section 8 (k) (2) (A) (i)
of the Outer Continental Shelf Lands Act, as amended October 31 ,
1994, requires negotiation with any person for the use of sand,
gravel , and shell resources of the Outer Continental Shelf, and
WHEREAS , due to the geologic peculiarities of the northeast
Florida nearshore and continental shelf, clay and silt deposits
abound offshore with sand deposits generally limited to the
underwater delta of the ancient St. Johns River, and
WHEREAS , sand deposits are generally beyond the three mile
limit of sovereign submerged Florida lands, but are well within the
twelve mile jurisdiction of submerged Federal Outer Continental
Shelf lands , and
WHEREAS , periodic re-nourishment of the sandy beaches of Duval
County from the St. Johns County line to the mouth of the St. Johns
River is a maintenance requirement to replace sand eroded by
oceanic conditions that cause a southward transport of said sand,
and
WHEREAS , natural sand replenishment is wholly forestalled by
the blocking presence of the extended St. Johns River jetties which
impound sand completely to the north of said jetties , and
WHEREAS, the St. Johns River jetties were assigned, forever,
to the United States of America by the Internal Improvement Fund,
State of Florida, in Tallahassee the 28th day of December, A.D.
Nineteen Hundred and Thirty-Eight , and
WHEREAS, the extended St. Johns River jetties are vital to
maintaining water depth sufficient for ships engaged in
international commerce and in national defense, and
WHEREAS, the four easternmost cities in Duval County, Florida,
share a common interest in preserving and protecting the sandy
beaches of Duval County for tourist and vacation commerce, and
WHEREAS, said Law provides for assessment of a fee for use of
sand, gravel and shell resources for beach restoration projects
from all but Agencies of the Federal Government, and
WHEREAS , Mineral Management Services has determined that the
non-Federal element of the Duval County, Florida, Beach Erosion
Control Project (a Federally approved project administered by the
United States Army Corps of Engineers) falls within their
determination as an element that shall be assessed a fee for use of
sand, gravel, and shell resources , and
WHEREAS, the final fee assessment is uncertain but is reliably
estimated at $100 , 000.00 per re-nourishment of Duval County public
beaches above and beyond historic or contractual costs for past
projects , and
WHEREAS , non-commercial persons , i.e. municipal, county, and
state governments may, from time to time, wish to use the sand,
gravel, and shell resources of the Outer Continental Shelf for
beach re-nourishment projects authorized by the Congress of the
United States to promote public benefit and welfare without payment
of additional fees or taxes .
NOW THEREFORE BE IT RESOLVED:
Section 1 . The City Commission of the City of Atlantic
Beach, Florida requests that no fees or taxes be assessed directly
or indirectly under the Outer Continental Shelf Lands Act against
any municipal , county or state agency for any civil works shore
protection project authorized by Congress to promote public benefit
and welfare.
Section 2 . The City Commission of the City of Atlantic
Beach, Florida further requests that Section 8 (k) (2) (B) be amended
by adding after "agency of the Federal Government" : or non-Federal
cosponsor for any civil works shore protection project authorized
by Congress to promote public benefit and welfare.
Adopted by the City Commission this 10t of April, 1995.
i
Lyman T. Fletcher
Mayor/Presiding Officer
Approved as to form and correctness :
/A _e1�'
;ran C. en, Esquire
City At • ney
ATTES T:
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Mau een King ()
City Clerk