01-12-73 v r-
MINUTES OF SPECIAL MEETING OF ATLANTIC BEACH CITY COMMISSION HELD
AT THE CITY HALL ON FRIDAY, JANUARY 12, 1973, AT 8:00 A. M.
PRESENT: William S. Howell, Mayor-Commissicner
R. R. Rosborough, II
L. W. Minton, Jr.
F. W. Fogg
D. W. Speed, Commissioners
AND R. C. Vogel, City Manager
Oliver C. Ball, City Attorney
Adele S. Grage, City Clerk
ABSENT: None
The meeting was call to order by Mayor-Commissioner, Mr. Howell
for the purpose of determining whether or not the City of Atlantic
Beach should request a re-hearing on the Adjudication handed down
by Judge Roger J. Waybright, January 9, 1973.
After lengthly discussion, it was moved by Commissioner Fogg,
seconded by Commissioner Rosborough and carried that the City
of Atlantic Beach should request a re-hearing on the Adjudication.
Copy of Adjudication is attached hereto and made a part hereof.
There being no further business Mayor Howell declared the meeting
adjourned.
411° /I/
WilliamS. 'swell, Mayor
ATTEST
(2Cle.te-42_ J. //c ,
Adele S. Grage, City Cleo'
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Adludi cation
It is, therefore, ADJUDGED and declared that:
1 . City of Jacksonville is a municipal corporation and
an incorporated municipality (and its government is a county
government as well) , with territorial jurisdiction and full powers
of municipal (and county) government throughout Duval County in-
cluding all territory within the urban services districts referred
to in ¶2 hereafter.
2. Neither City of Jacksonville Beach, City of Atlantic
Beach, City of Neptune Beach, nor Town of Baldwin is a municipal
• corporation, an incorporated municipality, or a quasi municipal
corporation. Each is an urban services district of and subordinate
to City of Jacksonville.
3. City of Jacksonville has succeeded to and now possesses
all the powers of the former governments of those urban services
districts.
4. Those urban services districts retain the names and the
boards, bodies and officers they had when the charter of City of
Jacksonville became effective, but have no powers except such as may
be delegated to them by City of Jacksonville.
5. City of Jacksonville has, but neither of those urban
1111 services districts has, lawful authority to levy and collect municipal
occupational license taxes . City of Jacksonville has authority to do
so thoughout Duval County including the territories within those urban
services districts. Each of those urban services districts shall re-
turn any municipal occupational license taxes collected since this
IIP civil action was filed on September 15, 1972.
6. City of Jacksonville has, but neither of those urban
services districts has, lawful authority to receive revenue-sharing
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NI s' t.
distributions from the state anc7 federal governments that are required
by law to be distributed to municipalities or incorporated municipali-
ties, including but not limited to return of portions of revenues
raised by the state through taxes on gas, alcoholic beverages and cigar-
ettes. City of Jacksonville has this authority with respect to all
the territory in Duval County including the territories within those
urban services districts .
7. Except that City of Jacksonville may not deprive either
of those urban services districts of its name, boards, bodies or
officers, City of Jacksonville may lawfully adopt ordinances effective
throughout the territory in Duval County including the territories in
those urban services districts, superseding and nullifying any
ordinances of those urban services districts.
8. The caption of this civil action is amended to read as
in the caption of this judgment.
Jacksonville, Florida, January 9, 1973 .
AO'
);;, L)1
s
Roger J. Waybright
Judge
Copies :
Stephen Stratford, Attorney for City of Jacksonville Beach
Oliver C. Ball, Attorney for City of Atlantic Beach
Joseph M. Glickstein, Jr. , Attorney for City of Neptune Beach
M. S. Dunay, Attorney for Town of Baldwin
T. Edward Austin, William M. Madison, and Daniel U. Livermore,
Attorneys for City of Jacksonville
Russell H. Showalter, Jr. , Attorney for The Jacksonville Beaches
Area Chamber of Commerce
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