80-04 v
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RESOLUTION NO. 80-4 r
A RESOLUTION PROVIDING FOR PETITION TO~THE CITY
COUNCIL OF THE CITY OF JACKSONVILLE ACTING IN
ITS CAPACITY AS THE GOVERNING AUTHORITY OF DWAL
COUNTY 'TO DEVELOP AN APPROPRIATE'MECHANISM TO
FINANCE THE IDENTIFIED COST OF SERVICES !PAID BY
REVENUES COLLECTED FROM OR ON BEHALF OF~PROPERTY
WITHIN THE CITY OF ATLANTIC BEACH TO FINANCE
SERVICES WHICH PROVIDE NO REAL OR SUBSTANTIAL
BENEFIT TO THE CITIZENS OF THE CITY OF ATLANTIC
BEACH AND REQUESTING THE COUNTY (CITY OF JACKSONVILLE)
TO REMIT TO'THE CITY OF ATLANTIC BEACH AN AMOUNT
EQUAL TO THE IDENTIFIED OVERPAYMENT DURING THE
CURRENT FISCAL YEAR
WHEREAS, by the adoption of the 1968 Florida Constitution the people
mandated that city property should not be taxed to finance services exclu-
sively for the benefit of unincorparated areas; and
WHEREAS, the Supreme Court of Florida has observed that this constitu-
tional provision meant what it said; and
WHEREAS, the Legislature of Florida during its 1974 session enacted
a comprehensive statute protecting municipal property from dual taxation;
NOW, THEREFORE, BE IT RESOLVED BX THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA:
SECTION 1. That pursuant to and in accordance with Section 125.01
(6) (a), Florida Statutes, the City Commission of the City of Atlantic Beach
as its governing body does hereby petition the City Council of the City of
Jacksonville considered in its capacity as Duval County to remit to the City
of Atlantic Beach the identified cost of services paid by taxes levied upon
property situate within ,the city as hereinafter enumerated .herein and to here-
after develop an appropriate mechanism to finance such activities by taxes,
special assessments, or service 'charges levied solely upon residents or
property in the unincorporated area or otherwise instead of out of the taxes
levied against property in this City. The enumerated services, specifically
identified as to service are as follows:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
ll.
12.
13.
14.
Fire
Sheriff-Police Operations
Engineering
Streets
Sanitation
Payments for Residential Solid Waste Collection
Real Estate
Traffic Engineering
Housing and Urban Development
Street Lights
Recreation and Public Affairs
Nuisance Control
Noise Pollution
Air Monitoring Program
(except Hanna Park)
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.~ 15. Planning
lb. Downtown Development Authority
17. Other Non-Departmental items listed in detail in the
City of~Jacksonville budget
18. Portions of the following indirect services:
i
a. Council
b. Mayor
c. ,Civil Service Board
d. Finance
e. Information Services
f. Public Buildings
g. Civil Defense - Security Guards
h. Other Non-Departmental items listed in
detail in the City of Jacksonville budget
SECTION 2.' That the imbalance created by funding the services and
programs enumerated in Section I from countywide revenues is $19,708,653 and
that 'in order to correct this imbalance a property tax millage reduction of
3.3132 is required for the property situated within Atlantic Beach.
SECTION 3. That the millage reduction identified in Section 2
represents an overpayment of $268,315 by Atlantic Beach taxpayers during the
1979-80 fiscal year.
~~, SECTION 4. That an authenticated copy of this Resolution providing
for this petition be promptly submitted to the City Council of the City of
Jacksonville. ,
SECTION 5. This Resolution shall take effect immediately.
Passed by the City Commission
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June 23~ 1980
ATTEST:
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Adelaide R: Tucker
City Clerk