Agreement Between COJ and COAB 09-28-95 v AGREEMENT BETWEEN
THE CITY OF JACKSONVILLE AND ATLANTIC BEACH
The CITY OF JACKSONVILLE (Jacksonville) is a consolidated
county and municipal government extending territorially throughout
the geographic boundaries of Duval County, Florida.
The CITY OF ATLANTIC BEACH (Atlantic Beach) is a municipal
government located within the area of the consolidated City of
Jacksonville and Duval County.
Pursuant to the Charter of the City of Jacksonville, the
relationship between Atlantic Beach and Jacksonville is that of a
municipality to a county.
Since 1968, the first year of consolidation, various questions
have arisen between Jacksonville and Atlantic Beach concerning the
services that Jacksonville is providing to and that benefit the
residents of Atlantic Beach. Corollary questions have also been
raised as to the proper millage levy of ad valorem taxes for
Jacksonville to impose on property situated within Atlantic Beach.
These questions resulted in the filing of a lawsuit in 1979 by
Atlantic Beach, the City of Neptune Beach, the City of Jacksonville
Beach and the Town of Baldwin against Jacksonville. In 1982, that
lawsuit was settled by the parties entering into an inter-local
agreement.
In 1993 , the City of Atlantic Beach brought suit against
Jacksonville alleging, among other things, that Jacksonville
breached the inter-local agreement. In order to resolve the issues
raised in that lawsuit and to further clarify the governmental
relationship that exists between Jacksonville and Atlantic Beach,
the parties agree as follows:
1. Tax Rate - For FY 1994-95 Jacksonville levied taxes of
11.3158 mills in the General Service District (GSD) . In accordance
with the terms of the 1982 Inter-local Agreement, taxes of 9 .5251
mills were levied upon Atlantic Beach property owners for FY 94/95.
This resulted in an actual millage difference of 1. 7907 mills
between GSD property owners and Atlantic Beach property. Beginning
in FY 95-96, Jacksonville shall adopt a budget and shall set its
GSD millage rate in the manner it has consistently followed since
consolidation and which is prescribed by the Charter of the City of
Jacksonville and the Jacksonville Ordinance Code. After setting
the GSD millage rate for FY 95-96, the millage rate to be charged
Atlantic Beach property owners shall be calculated by reducing that
GSD rate. by 2 . 2907 mills. For example, if Jacksonville shall set
the GSD rate at 11. 3158 mills for FY 95-96, then the rate to be
levied upon Atlantic Beach property owners shall be 9. 0251 mills.
For FY 96-97, the Atlantic Beach rate shall be the established GSD
rate less 2 .7907 mills, for FY 97-98, the Atlantic Beach rate shall
be the GSD rate set for that fiscal year less 3 . 0407 mills, for FY
98-99, the Atlantic Beach rate shall be the GSD rate set for that
2 .
fiscal year less 3 . 2907 mills. The same 3 . 2907 millage reduction
shall also be used for each additional fiscal year for which this
Agreement is in existence.
2 . The respective Mayors, through their representatives,
shall commence discussions during FY 95-96, and shall endeavor to
complete within that year or as soon thereafter as possible to
consolidate the 1982 Inter-local Agreement and this 1995 Settlement
into a working document with a primary effort to design a framework
for their long-term relationship. In the event the parties are
unable to reach an agreement on a new Inter-Local Agreement, then
the current Inter-Local Agreement of 1982, as modified by this
Agreement, shall continue in effect.
3 . Services - Jacksonville shall continue to provide
Atlantic Beach the services required under the 1982 Inter-Local
Agreement. As provided in that agreement, Jacksonville shall not
discriminate against Atlantic Beach in the future provision of
those county services provided to residents of the City of
Jacksonville.
4 . Landfill - Jacksonville shall continue to provide free
landfill disposal of garbage and refuse to Atlantic Beach
residential premises (4 units or less, as defined by Section
382 . 102 (1) , Jacksonville Ordinance Code (1991) ) as outlined in
paragraph (2-A) of the 1982 Inter-Local Agreement and to those
3 .
waste generators within Atlantic Beach whose garbage and/or refuse
was collected by Atlantic Beach or its contract hauler during FY
94-95 so long as Atlantic Beach or its contract hauler continues
collecting from those waste generators. All other solid waste
generators (excluding residential premises as defined above) now or
in the future located within Atlantic Beach shall be provided, upon
payment of the appropriate disposal and/or processing rates (as
prescribed in Section 380. 303 , Jacksonville Ordinance Code, as
amended) , access to the landfill for disposal of solid waste as
allowed by federal, state and local laws, rules and regulations.
All other solid waste generators (excluding residential premises as
defined above) shall be defined as new entities (new buildings, new
businesses or different ownership of existing businesses, whether
for the same or different business operations) . For example, if
Joe's Body Shop was served by Atlantic Beaches contract hauler
prior to this agreement and Joe's Body Shop was sold to a new owner
then, notwithstanding neither a change in name nor a change in
business operation, the new entity will pay the appropriate
disposal and/or processing rates to the City of Jacksonville.
Within 30 days of the date of this agreement, Atlantic Beach and
Jacksonville agree to exchange information in order to agree upon
the present waste generators who could be affected by this
provision and further agree to provide a mechanism for the rates to
be paid to Jacksonville. At anytime in the future, if Jacksonville
imposes uniform solid waste processing and disposal fees against
4 .
residential premises, paragraph (2-A) of the 1982 Inter-Local
Agreement shall be terminated. If said fees are imposed, Atlantic
Beach premises shall pay the processing and disposal fees so long
as Atlantic Beach premises elect to utilize processing and disposal
services offered by Jacksonville. If Atlantic Beach chooses not to
use Jacksonville's disposal and processing system, it shall suffer
no penalty or fee for failure to use Jacksonville's system. In the
event the fees are imposed and Atlantic Beach continues to provide
residential collector service for its residents, then Atlantic
Beach residents shall not pay, by ad valorem tax or otherwise, the
cost of residential collection of garbage and/or refuse for
residential premises outside of Atlantic Beach unless Atlantic
Beach elects and Jacksonville agrees for Jacksonville to provide
for residential collection of garbage and/or refuse within Atlantic
Beach.
5. Lifeguards and Beach Maintenance - In past years,
Atlantic Beach has provided lifeguards and beach maintenance
services for the beach bordering the territory of Atlantic Beach.
Prior to November 1, 1995, Jacksonville shall pay Atlantic Beach
the sum of $136, 148 as reimbursement for 1/2 the cost of its
lifeguard and beach maintenance expenses incurred for Fiscal Year
1993-94 and Fiscal Year 1994-95. Beginning Fiscal Year 1995-96 and
continuing so long as this Agreement shall be in existence and
subject to all conditions as provided below, Jacksonville shall pay
5.
Atlantic Beach each year the total cost of its lifeguard and beach
maintenance expense as follows: For Fiscal Year 1995-96,
Jacksonville shall reimburse Atlantic Beach an amount equal to the
current proposed budget of the City of Atlantic Beach for FY 1995-
96 ($110, 635 for personnel and operating expenses, $52 , 000 for
capital outlay, and $20, 000 for beach maintenance, totaling
$182, 635) . This amount shall be disbursed to Atlantic Beach in
equal quarterly payments beginning October 1, 1995. For Fiscal
Year 1996-97 (and for each fiscal year that follows) , Jacksonville
shall reimburse Atlantic Beach for the total cost of its lifeguards
and beach maintenance expenses subject to the following: (1)
Atlantic Beach shall submit to Jacksonville by May 30 of each year,
Atlantic Beach's request for lifeguard and beach maintenance funds
to Jacksonville; (2) Jacksonville's obligation is limited to
paying for costs reasonably necessary for providing those services;
(3) in no fiscal year shall Jacksonville pay an amount which
exceeds 3% over the amount paid the previous fiscal year for
personnel, operating expenses and beach maintenance; (4)
Jacksonville shall pay for capital outlay costs reasonably
necessary for providing lifeguard services not to exceed $9, 000. 00
per year; however, Atlantic Beach will be allowed to maintain a
credit balance each year of any difference between the $9 , 000. 00
cap and the amount paid by Jacksonville to Atlantic Beach, which
amount Atlantic Beach may apply in a future fiscal year toward
capital outlay cost reasonably necessary for providing lifeguard
6 .
services; (5) by May 30 of each year, Atlantic Beach shall submit
for audit to Jacksonville's Council Auditor the actual costs
incurred by Atlantic Beach for providing lifeguards and beach
maintenance in the previously completed fiscal year so that
Jacksonville may reconcile the last completed fiscal year
overpayments or underpayments to Atlantic Beach by adjusting future
fiscal year payments; (6) disbursement of the funds shall be in
the same manner as provided for Fiscal Year 1995-96.
6. CDBG Funds - Each year the federal government has
disbursed Community Development Block Grants (CDBG) to the
Jacksonville area. So long as that program shall continue, and so
long as Jacksonville, Atlantic Beach, Neptune Beach, Jacksonville
Beach, and Baldwin agree to jointly apply for CDBG funding, then,
upon receipt of the CDBG funds, Jacksonville will disburse a
portion of the funds to Atlantic Beach based upon the percentage of
the population of Atlantic Beach in relation to the total Duval
County population in the manner provided in paragraph 11.
"Population Formula" of this Agreement. Atlantic Beach agrees to
spend these CDBG funds in accordance with federal and state
guidelines.
7 . Cross Florida Barge Canal Funds - Pursuant to Chapter 76-
167, Laws of Florida and the relevant sections of Chapter 253,
Florida Statutes, the State of Florida is refunding to Jacksonville
monies collected from property owners in Duval County to build the
7 .
Cross Florida Barge Canal. Upon receipt of those funds,
Jacksonville will disburse a portion of the funds to Atlantic Beach
based upon the percentage of the population of Atlantic Beach in
relation to the total Duval County population in the manner
provided in paragraph 11. "Population Formula" of this Agreement.
Atlantic Beach must agree to be bound by the same limitations and
restrictions placed upon Jacksonville by the State of Florida in
the spending of these funds. Immediately upon receipt of
additional funds from the State of Florida, Jacksonville will pay
Atlantic Beach the sum of $200, 000 as it's pro rata share of past
Cross Florida Barge Canal funds collected by Jacksonville, for use
in accordance with the limitations and restrictions provided by the
State of Florida for such funds or will make property purchases
approved by Atlantic Beach in at least that amount.
8 . Fire, Rescue and Police - During the life of this
Agreement, Jacksonville shall continue to provide advanced life
support emergency medical service by way of the Jacksonville Rescue
Division's ambulances to the residents of Atlantic Beach. Atlantic
Beach shall furnish first response emergency medical service and
fire service to its residents by the Atlantic Beach Fire
Department. The City of Jacksonville shall provide the City of
Atlantic Beach by transfer of title a working fire truck in good
repair and agrees to maintain said truck in good repair for a
period of three (3) years from the date of delivery of said
vehicle. The delivery date shall be no later than January 1, 1996.
8 .
a) In addition, Atlantic Beach agrees to provide fire
suppression response service to the residents of Neptune Beach.
The City of Jacksonville shall be responsible for paying Atlantic
Beach $150, 000 for the Neptune Beach service beginning in Fiscal
Year 1995-96, in equal quarterly payments commencing October 1,
1995. Each year thereafter, the City of Jacksonville will pay 103%
of the previous year's amount for providing service to Neptune
Beach.
b) In further consideration for the payment of the
$150, 000. 00 as provided above, the City of Atlantic Beach agrees to
continue providing police patrol and response services to the
northeastern corner of the City of Jacksonville adjacent to the
City of Atlantic Beach at the same level of service provided during
FY 1993-94 and 1994-95.
9. Sherry Drive - Jacksonville agrees to provide for the
repairing and resurfacing of Sherry Drive in Atlantic Beach as
follows: Subsequent to all utilities located within the right of
way being verified and repaired and/or replaced by others, if
necessary, to prevent disturbance of the pavement for at least five
years, the City of Jacksonville shall provide for a one time
repairing and resurfacing of the existing 24-foot wide asphalt
bearing surface of SHERRY DRIVE, between ATLANTIC BOULEVARD and
PLAZA STREET, approximately 3230 Linear Feet. Each of the parties
will appoint a qualified engineer to determine the work required.
9.
The work shall be completed within twelve (12) months after
Atlantic Beach completes the necessary infrastructure improvements.
10. Hopkins Creek Drainage - The parties agree that the
drainage at Hopkins Creek under Florida Boulevard (located within
the City of Neptune Beach) shall be reconstructed to facilitate
necessary drainage flow, and Jacksonville and Atlantic Beach shall
each appoint an engineer to work cooperatively in designing a
reasonable construction acceptable to each engineer. The work
shall be performed within twelve (12) months after the effective
date of this Agreement. The City of Jacksonville shall bear the
cost of design and construction only (which does not include the
cost of Atlantic Beach's consulting engineer) . The parties
recognize that Jacksonville's ability to perform this work is
subject to the cooperation of Neptune Beach, Atlantic Beach, and
the ability to obtain the proper permitting from federal, state and
local regulatory agencies. The parties further recognize that
Jacksonville is not responsible for improving drainage within
Atlantic Beach.
11. Population Formula - Where a provision in this Agreement
requires that Jacksonville disburse or distribute funds or revenues
to Atlantic Beach using a formula based upon the percentage of the
population of Atlantic Beach in relation to the total Duval County
population, the population figures to be used shall be the most
recent population estimates for Duval County and the City of
10.
Jacksonville, Jacksonville Beach, Atlantic Beach, Neptune Beach,
and Baldwin published by the University of Florida Bureau of
Economic and Business Research Population Program, Florida
Estimates of Population. Notwithstanding the above, the population
for Jacksonville shall include, at a minimum, the total population
in Duval County less the population in Urban Services Districts 2
through 5. The parties agree that where a distribution is made to
Atlantic Beach based upon its percentage population, Jacksonville
has discretion as to the manner of spending the remaining funds or
revenues and may spend the remaining funds or revenues completely
outside of Atlantic Beach.
12 . Annexation - Any future efforts by the City of Atlantic
Beach to annex property situated in Jacksonville outside of
Atlantic Beach must be discussed first with Jacksonville to
determine any impacts upon Jacksonville's revenues and other
provisions of this agreement. If the City of Atlantic Beach shall
seek to annex property over the objection of the City of
Jacksonville, then the millage reduction provisions of paragraph 1
of this agreement shall not be applicable to the annexed area
unless Jacksonville shall consent to the annexation.
13 . Inter-Local Agreement - The Inter-Local Agreement entered
into by the parties on May 11, 1982 , continues in effect, as
11.
j
modified by the terms of this Agreement, until a new Inter-Local
Agreement is entered into between the parties.
14 . Lawsuit - Atlantic Beach and Jacksonville each agree to
dismiss with prejudice the claims made by each other in Case No.
93-01190-CA, Division CV-E, in the Circuit Court of Duval County,
Florida. This Agreement shall be submitted to the Court for its
approval in connection with the resolution of this case and the
Court shall retain jurisdiction for the purpose of enforcing the
provisions of said Agreement. Each party shall pay its own
respective fees and costs associated with this lawsuit.
Dated September ; 7 , 1995.
CITY OF JACK ONVILLE
/
�4 ,.,s2/fib-e -�`_. Byy---✓�' ,
Witness John Dela 4, Mayor
f ',
?Ax4-/T,/
/� ` Attes 0' '� bi/1'v
� /'
Witness " /. C•rporate Secretary
- /////f. fi,,,,,,,______0CITY OF- , NTIC BEACH
.....,...
By:
Witness an T. Fletcher, Mayor
v" lor
rt_ - ....„,hi' iii Attest: iqrtA,LL t,-,.. y.'i .1 •
Witne- s Corporate Secz; ii
I certify this to be a true and correct
rwx-17oo52.a copy of the rectrd in my office.
WITir ;ilii my hand and o ficial seal
of the ;'it; ,,h i;tiantic beach, iorida,
this tiie,3r y of 140q •
12 . 106
C,