Amended & Enacted 12/8/2009
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Introduced by the Council President at the request of the Mayor and
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Council
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Finance Committee:
Members
Joost,
Crescimbeni
&
Webb
and
amended
by
the
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ORDINANCE 2009-865-E
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AN
ORDINANCE
OF
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FLORIDA ELECTING TO UTILIZE THE UNIFORM METHOD
COLLECTING
THE
NON-AD
CITY
OF
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OF
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SOLID WASTE FEES LEVIED WITHIN ALL OF DUVAL
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COUNTY
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BEACH, ATLANTIC BEACH, AND NEPTUNE BEACH AND
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THE TOWN OF BALDWIN OR AS SET FORTH IN THE
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CITY OF JACKSONVILLE CHARTER, ALL PROPERTIES
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WITHIN THE
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CONSOLIDATED
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URBAN SERVICES DISTRICTS 2, 3, 4 AND 5, AS
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AUTHORIZED BY JACKSONVILLE CITY CODE SECTION
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754.106 AND 382.503; STATING A NEED FOR SUCH
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LEVY;
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ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
EXCEPTING
THE
VALOREM
JACKSONVILLE,
CITIES
STORMWATER
OF
AND
JACKSONVILLE
GENERAL SERVICES DISTRICT OF THE
CITY
PROVIDING
OF
FOR
JACKSONVILLE,
THE
MAILING
EXCLUDING
OF
THIS
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WHEREAS, the City of Jacksonville is authorized to utilize the
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non ad-valorem method of levy, collection and enforcement as set
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forth in Florida Statute 197.3632 (the “Uniform Method”); and
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WHEREAS, a “non ad valorem assessment” is defined by statute
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as an assessment which is not based on millage, and which can
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become a lien against a homestead as provided for in s. 4, Art. X
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of the State Constitution; and
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Amended 12/8/2009
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WHEREAS, the first step in the process of imposing a non-ad
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valorem assessment is the passage of an initial ordinance stating
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the intent of the City of Jacksonville to use the Uniform Method,
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setting forth the need for the levy, and the legal description of
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the property to be subject to the assessment; and
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WHEREAS,
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Uniform
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residential
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millage; and
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the
Method
for
solid
WHEREAS,
City
intends
the
use
collection
waste
the
to
of
assessments,
non-ad
valorem
for
the
first
stormwater
which
are
stormwater
time
the
utility
and
not
based
on
and
the
utility
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residential solid waste assessment will be imposed county-wide in
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Duval
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Jacksonville Beach, the City of Atlantic Beach, the City of Neptune
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Beach, and the Town of Baldwin; and
County,
excepting
that
property
located
in
the
City
of
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WHEREAS, the City held a duly advertised public hearing prior
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to the adoption of this Ordinance, proof of publication of such
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hearing being attached hereto as
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“Revised Exhibit 1, Proof of Pub, Finance – Nov. 30, 2009”; now
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therefore
Revised Exhibit 1, labeled as
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BE IT ORDAINED by the Council of the City of Jacksonville:
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Section 1.
and
2010
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intends to use the Uniform Method for the collection of stormwater
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utility
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county-wide in Duval County, excepting there from that property
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located in the City of Jacksonville Beach, the City of Atlantic
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Beach, the City of Neptune Beach, and the Town of Baldwin, as
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authorized by Jacksonville City Code section 754.106 and 382.503.
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A
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assessments is attached hereto as Exhibit 2 and incorporated herein
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by reference.
and
until
residential
description
of
discontinued
Commencing on January 1,
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legal
continuing
Statement of Intent.
solid
the
waste
area
the
assessments
subject
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by
to
the
City,
to
the
be
non-ad
City
imposed
valorem
Amended 12/8/2009
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Section 2.
Statement
of
Need.
The
City
Council
has
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already determined that the levy of the stormwater utility and
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residential solid waste fees was needed in order to fund the cost
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of providing stormwater utility management services within the City
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of Jacksonville, and to provide solid waste collection services to
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residential
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Additionally,
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effective method of collection than other billing and collection
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options that may be available to the City of Jacksonville.
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properties
the
Section 3.
within
Uniform
the
Method
Notice.
is
City
a
more
of
Jacksonville.
efficient
and
cost
Upon adoption, the City’s Chief of
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Legislative Services, serving as the Clerk is hereby directed to
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send a certified copy of this Ordinance by United States mail to
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the Florida Department of Revenue, the Duval County Tax Collector,
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and the Duval County Property Appraiser by January 10, 2010.
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Section 4.
effective
Effective
upon
Date.
signature
by
That
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become
the
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effective without the Mayor's signature.
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Form Approved:
this
Mayor
ordinance
or
shall
upon
becoming
uniform
method.doc
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/s/
Steven E. Rohan
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Office of General Counsel
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Legislation Prepared By:
Debra A. Braga
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G:\SHARED\LEGIS.CC\2009\ord\Stormwater
ord
of
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intent
to
use
Amended & Enacted 12/8/2009
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EXHIBIT 1
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PROOF OF PUBLICATION
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(to be supplied after publication)
Amended & Enacted 12/8/2009
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EXHIBIT 2
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LEGAL DESCRIPTION
Amended & Enacted 12/8/2009
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LEGAL DESCRIPTION
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The entire area of Duval County, Florida, as more particularly
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described in Section 7.16, Florida Statutes, less the following
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incorporated areas:
City of Jacksonville Beach
District 1
Commencing at the intersection of the easterly projection of the centerline
of Beach Boulevard (U.S. Highway 90) with the low tide line of the Atlantic
Ocean; thence south along the low tide line of the Atlantic Ocean to its
intersection with the easterly projection of the centerline of 16th Avenue
South; thence west along the centerline of 16th
Avenue South to its
intersection with the centerline of South 3rd
Street (State Route A1A);
thence south along the centerline of South 3rd Street to its intersection
with the centerline of Osceola Avenue; thence west along the centerline of
Osceola Avenue to its intersection with the centerline of the Constitution
Cove-Sanctuary drainage ditch; thence north along the centerline of the
Constitution Cove-Sanctuary drainage ditch to its intersection with the
easterly projection of southern boundary of Oakbreeze Cove subdivision;
thence west along the easterly projection of southern boundary of Oakbreeze
Cove subdivision and continuing along the southern boundary of Oakbreeze Cove
subdivision and the westerly projection of the southern boundary of Oakbreeze
Cove subdivision to its intersection with the centerline of the Atlantic
Intracoastal Waterway (ICW); thence north along the centerline of the ICW to
its intersection with the centerline of Beach Boulevard; thence east along
the centerline of Beach Boulevard to its intersection with the centerline of
South 15th Street; thence south along the centerline of South 15th Street
to its intersection with the centerline of Shetter Avenue; thence east along
the centerline of Shetter Avenue to its intersection with the centerline of
South 5th Street; thence north along the centerline of South 5th Street to
its intersection with the centerline of Beach Boulevard; thence east along
the centerline of Beach Boulevard to the point of beginning.
District 2
Commencing at the intersection of the easterly projection of the centerline
of 16th Avenue South with the low tide line of the Atlantic Ocean; thence
south along the low tide line of the Atlantic Ocean to its intersection with
the Duval County-St. Johns County boundary line; thence west along the Duval
County-St. Johns County boundary line to its intersection with the centerline
of the Atlantic Intracoastal Waterway (ICW); thence north along the
centerline of the ICW to its intersection with the westerly projection of the
southern boundary of Oakbreeze Cove subdivision; thence east along the
westerly projection of the southern boundary of Oakbreeze Cove subdivision
and continuing along the southern boundary of Oakbreeze Cove subdivision and
the easterly projection of the southern boundary of Oakbreeze Cove
subdivision to its intersection with the centerline of the Constitution CoveSanctuary drainage ditch; thence south along the centerline of the
Constitution Cove-Sanctuary drainage ditch to its intersection with the
centerline of Osceola Avenue; thence east along the centerline of Osceola
Avenue to its intersection with the centerline of South 3rd Street (State
Route A1A); thence north along the centerline of South 3rd Street to its
intersection with the centerline of 16th Avenue South; thence east along the
centerline of 16th Avenue South to the point of beginning.
District 3
Commencing at the intersection of the City of Jacksonville Beach-Town of
Neptune Beach boundary line with the low tide line of the Atlantic Ocean;
Amended 12/8/2009
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thence south along the low tide line of the Atlantic Ocean to its
intersection with the easterly projection of the centerline of Beach
Boulevard (U.S. Highway 90); thence west along the centerline of Beach
Boulevard to its intersection with the centerline of South 5th
Street;
thence south along the centerline of South 5th Street to its intersection
with the centerline of Shetter Avenue; thence west along the centerline of
Shetter Avenue to its intersection with the centerline of South 15th Street;
thence north along the centerline of South 15th Street to its intersection
with the centerline of Beach Boulevard; thence west along the centerline of
Beach Boulevard to its intersection with the centerline of the Atlantic
Intracoastal Waterway (ICW); thence north along the centerline of the ICW to
its intersection with the City of Jacksonville Beach-Town of Neptune Beach
boundary line; thence east along the City of Jacksonville Beach-Town of
Neptune Beach boundary line to the point of beginning.
City of Atlantic Beach
Beginning at a point on the beach of the Atlantic Ocean which is the
intersection of the low water mark line of said Atlantic Ocean and an
easterly prolongation of the southerly boundary line of Kathryn Abby Hanna
Park; running thence westerly along the southerly boundary line of said
Kathryn Abby Hanna Park to the easterly right-of-way line of Old Sherry Drive
(County Road No. 551); running thence southerly along said easterly right-ofway line of Old Sherry Drive (County Road No. 551) to the north boundary line
of fractional Section 5, Township 2 South, Range 29 East; running thence
westerly along the northerly boundary line of said Fractional Section 5 in
said Township and Range, to the eastern right-of-way line of Mayport Road
(State Road A-1-A); running thence southerly along the easterly right-of-way
line of said Mayport Road to the north boundary line of Government Lot 15 of
Section 8; running thence easterly along the north boundary line of said
Government Lot 15 to the northwest corner of the east one-half of said
Government Lot 15; running thence southerly along the west boundary line of
the east one-half of said Government Lot 15 to the north boundary line of
Sections 17 and 18 in said Township and Range; running thence westerly along
said north boundary line and the north boundary line of Section 40 to a point
at the center line of the Intracoastal Waterway; running thence southerly
along said centerline of the Intracoastal Waterway to the intersection of
said center line with a line sixteen (16) feet northerly of, measured at
right angles from and parallel to the centerline of Atlantic Boulevard;
running thence easterly along said parallel line and a prolongation of same
to the point of intersection of said prolongation with the low water mark of
the Atlantic Ocean; and running thence northerly along said low water mark of
the Atlantic Ocean to the point or place of beginning; excepting from the
territory hereinabove described that part thereof lying in said Sections 8
and 9 occupied and used by Selva Marina Country Club as described in deed
recorded in Volume 652, page 484, Official Records of Duval County; and
jurisdiction of the waters of the Atlantic Ocean two miles from the low water
mark between the north and south lines of said city as above described,
projected easterly two miles; and police jurisdiction for traffic control
purposes over Atlantic Boulevard from the Atlantic Ocean to the westerly
limits of said city as hereinbefore described, over said Mayport Road from
the city limits as above described, northerly to the northern boundary line
of said Fractional Section 5; provided, however, that the city council of the
City of Jacksonville, Florida, acting in its capacity as the governing body
of Duval County, Florida, is hereby authorized to construct and maintain any
and all streets, roads, or highways that have at any time heretofore, been
adopted as county roads by the board of county commissioners of Duval County,
Florida, as it may deem necessary and proper for the benefit of the public.
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Amended 12/8/2009
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City of Neptune Beach
The area described as "Bounded on the North by Atlantic Boulevard, on the
East by the Atlantic Ocean, on the South by the City of Jacksonville Beach,
and on the West by the East Coast Canal" shall constitute the corporate
boundary of the City of Neptune Beach.
Town of Baldwin
Beginning at the Northeast (NE) corner of the Southwest Quarter (SW 1/4) of
the Northwest Quarter (NW 1/4), of Section Twenty-four (24), Township Two
(2), Range Twenty-three (23) East, thence run West along quarter section line
one and one-half (1 1/2) miles, thence South along quarter section line one
and one-quarter (1 1/4) miles, thence East along half section line of Section
Twenty-six (26), Township Two (2), Range Twenty-three (23) East one and onehalf (1 1/2) miles, thence North along quarter section line of Sections.
Twenty-five (25) and Twenty-four (24), one and one-quarter (1 1/4) miles, to
place of beginning, containing one and seven-eighths (1 7/8) square miles.
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