82-06 vRESOLUTION N0. 82-6
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A RESOLUTION CONCERNING THE~SETTLEMENT OF
THE DOUBLE TAXATION DISPUTE BETWEEN THE
CITY OF JACKSONVILLE AND THE CITY OF ATLANTIC
BEACH; APPROVING AN INTER-LOCAL AGREEMENT
EMBODYING SETTLEMENT AND AUTHORIZING EXECU-
TION THEREOF BY THE APPROPRIATE CITY OFFICIALS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 25, 1979, and June 23, 1980, the City Commission of
the City of Atlantic Beach, Florida, adopted resolutions petitioning the City
of Jacksonville to remit to the City of Atlantic Beach revenue collected
through double taxation, in violation of Florida Statutes; and
WHEREAS, since the passage of these resolutions, representatives from
the City and the City of Jacksonville have entered into negotiations in an
attempt to come to an amicable settlement and are now ready to enter into
an Inter-local greement for that purpose; and
WHEREAS, the City Commission has considered the proposed Inter-local
Agreement and is of the opinion that it represents a fair and just settlement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA, that:
Section 1. The City Commission hereby approves the Inter-local Agree-
t - went between the City and the Cities of Jacksonville, Jacksonville Beach,
Neptune Beach, and the Town of Baldwin. A copy of the Inter-local Agreement
is attached hereto and by this reference made a part hereof.
Section 2. The Mayor and City Clerk ;are authorized to execute the
Inter-local Agreement concurrently with the appropriate officials of Jackson-
ville, Jacksonville Beach, Neptune Beach, and Baldwin as soon as this City
has received satisfactory notification from those governments that their
governing bodies have also approved the Inter-local Agreement.
Section 3. This Resolution shall become effective immediately upon
its adoption.
Passed by the City Commission on
"(SEAL)
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k
March 8, 1982 .
ATTEST
Adelaide R. Tucker, City Clerk
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• INTER-LOCAL AGREEMENT
SaHEREAS, the parties,~ereto are City of Atlantic Beach,
City of Neptune Beach, City of Jacksonville Beach, Town of
Baldwin, hereinafter referred to as the "Cities", and City of
Jacksonville; and
WHEREAS, the parties have entered into dialogue pursuant
. to respective resolutions in order to resolve differences as
' contemplated by Case No. 79-11883-CA, in the Circuit Court in
. and for Duval ,County, Florida; and
WHEREAS, the City of Jacksonville acting as Duval County
has heretofore provided good and valuable services to the
Cities; and
WHEREAS, the Cities are entitled to equitable adjustment
in matters pertaining to services provided by the City of
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Jacksonville; and
WHEREAS, it is in the best interest of all the citizens
of Jacksonville, Duval County, Florida, to implement said
equitable adjustment;
NOW, THEREFORE, it is agreed:'
(1) The City of Jacksonville will pay:
(a) To City of Jacksonville Beach the sum of
$loo,ooa.oo.
(b) To City of Atlantic Beach the sum of
$40,141.00.
(c) To City of,Neptune Beach the sum of
$35;224.00.
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. {d) To Town of Baldwin the sum of $4,718.00.
Said sums shall be paid within sixty (60) days from the date
hereof.
(2-A) The Cities shall hereafter have the right and
privilege of depositing their garbage and refuse in the City
of Jacksonville's sanitary landfill operation free of any and
all charges whatsoever.
{2-B) The City of Jacksonville will forgive sanitary
landfill charges now in existence or owed',to the City of
Jacksonville, and to~ the extent sanitary landfill charges
have been paid by the Cities, then the Cities will individually
receive a cash refund of such payment.
(3) The General Service District will assume responsi-
,~*, bility for traffic engineering, but this shall not include
` traffic signs ,within the..municipal ]~.mits of .the Citiesw
(4) •The General Service District will assume responsi-
•bility for operating and maintaining county roads in the
Cities. This provision encompasses the following:
JACKSONVILLE BEACH
Old Ponte Vedra Boulevard,{3rd Street South) - AlA
to St. Johns County Line (0.645 Miles)
Penman Road - 20th Avenue North (Seagate Avenue)
to Beach Boulevard (1.330 Miles)
Second Avenue North - 20th Street North to Intra-
coastal waterway i(0.478 Miles)
20th Street North - Beach Boulevard to Second Avenue
North (0.142 Miles)
NEPTUNE BEACH
Florida Boulevard - Atlantic Boulevard to Penman
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• Road (1.012 rides)
Penman Road - Atlantic~Boulevard to Seagate Avenue
., (20th Avenue North) - {1.182 Miles)
B~z,DwzN
Yellow ~~'ater Road - From the Baldwin town limits
north to Beaver Street {0.508 Miles}
COUNTI' ~vIDE
Traffic Engineering for the following State maintained
roads: U. S. 90 in Jacksonville Beach (Beach Boulevard)
and Baldwin, U. S. 301 in'Baldwin, State Road AlA in
Atlantic Beach, Jacksonville Beach and Neptune Beach,
State Road 10 in Atlantic Beach.
PLUS COUNTY ROAD PROGRAM
Florida Boulevard - Penman Road to Atlantic Boulevard
(1.0 rides) - 4 Lane, Reconstruction
Estimated Cost: $2.1 Mil',lion
Penman Road - Beach Boulevard to Florida Boulevard
(1.9 rides? - 4 Lane, Reconstruction
- Estimated Cost: $4.3 rii~lion
(5} The millage levy for the General Service District
shall be that imposed by the City Council each fiscal year.
There presently exists an 18.8a differential between the
General Service District millage levy in the Cities (10.5219)
and the General Service District millage levy for the re-
mainder of the County (12.5067). When establishing millage
rates in the future, the differential shall never be less'
than the present 18.80.
However, if any time in the ;future, additional county
governmental servic~:= are provided by the City of Jacksonville
to the Cities, and ~~11 parties agree not only that the said
' additional services are of "real and substantial benefit to
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property or residents within the Cities" but that the addi-,
tional services williof necessity cause the existing 18.8
millage differential to change, then in those events; the
parties may adjust the 18.8 millage differential.
(6) The parties fully recognize the power and responsi-
bility of the City of Jacksonville to provide those govern-
,
•mental services that are normally provided by counties to
municipalities and are normally considered to be county-
public functions throughout the general ,services district
including~he~'erri~ory included within the municipal boundaries
of the Cities. The parties agree that those governmental
services determined to be normal county-public functions are
as follows:
Property Appraiser _
^..
Tax Collector
Supervisor of Elections
Courts
Hospitals
Port Authority
Transportation Authority
Libraries
Agriculture
Health (except for nuisance control and
abatement)
Rescue
Animal Control
Human Resources
Sports Complex and Auditoriurn•
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;. •,;, ~ ~ Construction Trades Board
• Public Housing ,
Jails and Prisons
Sheriff (except police operations)
County Road Construction and Maintenance
?'raffic Engineering on County Roads
Recreation-Regional and County-Wide
Recreational Facilities Only
Sanitary Landfill
(a) The services listed above are to be financed by the
City of Jacksonville from the levy of~county taxes throughout .
the General Service District including the land within the
municipal boundaries of the Cities and from other revenues
derived by the'City of Jacksonville acting as a county _
• government. Any tax levy is subject to the statutory and
~''i .constitutional limitations .placed ugnn county governments by
the State of Florida.
(b) In the provision of the designated county services
the City of Jacksonville shall not discriminate in any manner
against those county citizens who reside in the municipal
boundaries or" the Cities. The residents of the Cities shall
be charged no special fees or assessments in the use of
county services and there will be no reduction of services to
the residents of the Cities unless such reduction is made
equitably on a county-wide basis.
(c) Nothing in this Agreement shall be construed to
limit the power or responsibility of any county officers
'1 ~ohose power is conferred by State Statute or the Florida
Constitution .
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(7j The parties agree that the Cities have full authority
`'' to provide normal municipal services even though these
services may be provided to other portions of the General
Service District by the City of Jacksonville. The Cities
shall fund these services from any,source available to
municipal corporations as authorized by the Statutes and
Constitution of the State of Florida.
EXECUTED this /~ ~' day of YY1 ,
1982, in Jacksonville, Duval County, Florida.
WITNESSES:
CITY OF KSONV E ACH
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j City Manager
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Attest • _ G~~ ~~•~ Ci Clez
/' , ~~ / CITY OF NEPT,UINE B C / ~ ~~
l~~ G~ lr3Zct~-c.~~ BY s,~ ~--~-~~ !IG z 1~~,.-G~~y~~ `7! f ~~~
~ Ish W. Brant; Mayor
~/ c.. 1 C~,i A~.test ~ -cc.~c.cl_ ~. ~'~~ %Lt'_c.p..~,~2J
City Clerk
CITI~'~" OF~T'"ANTIC
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At t ~ s t :L1~~~:.F.d1~t~d1
TOWN- BA~,L~'~}~S~G,IN ' I % t ~f ~~ /J
' _ BK Its : Mayor
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TOtti'N CLERK
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CITY OF JACKSONVI E
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Att/eJJJS t
Corporation Secretary
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ASSISTANT' CJUN$EL
!n compl%ance with the Charter of the City
of J•.ac!csvwi!!e, 1 , do c~r;ify that there is an
unex~,nced, una ~cu• tiered and uninTE:oanced
balance in ,he ; ,~-p~: p !-:t,an s~'iici~~nt to c::ver
the tore~cin; con r~~~. and prov.s:.:,i has ba.n
made ;ur the p.~,.•••c:;: or the moneys p~~viLed
therejn to oe paid. '
Dir4ctor of F~Flance .
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