Introduced by the Council President at the ... - Jacksonville



Introduced by the Council President at the request of the Mayor and Council Members Joost, Crescimbeni & Webb and amended by the Finance Committee:

ORDINANCE 2009-865-E

AN ORDINANCE OF THE CITY OF JACKSONVILLE, FLORIDA ELECTING TO UTILIZE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM STORMWATER AND SOLID WASTE FEES LEVIED WITHIN ALL OF DUVAL COUNTY EXCEPTING THE CITIES OF JACKSONVILLE BEACH, ATLANTIC BEACH, AND NEPTUNE BEACH AND THE TOWN OF BALDWIN or as set forth in the City of Jacksonville Charter, all properties within the General Services District of the Consolidated City of Jacksonville, excluding Urban Services Districts 2, 3, 4 and 5, AS AUTHORIZED BY JACKSONVILLE CITY CODE SECTION 754.106 AND 382.503; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Jacksonville is authorized to utilize the non ad-valorem method of levy, collection and enforcement as set forth in Florida Statute 197.3632 (the “Uniform Method”); and

WHEREAS, a “non ad valorem assessment” is defined by statute as an assessment which is not based on millage, and which can become a lien against a homestead as provided for in s. 4, Art. X of the State Constitution; and

WHEREAS, the first step in the process of imposing a non-ad valorem assessment is the passage of an initial ordinance stating the intent of the City of Jacksonville to use the Uniform Method, setting forth the need for the levy, and the legal description of the property to be subject to the assessment; and

WHEREAS, the City intends to use for the first time the Uniform Method for the collection of stormwater utility and residential solid waste assessments, which are not based on millage; and

WHEREAS, the non-ad valorem stormwater utility and the residential solid waste assessment will be imposed county-wide in Duval County, excepting that property located in the City of Jacksonville Beach, the City of Atlantic Beach, the City of Neptune Beach, and the Town of Baldwin; and

WHEREAS, the City held a duly advertised public hearing prior to the adoption of this Ordinance, proof of publication of such hearing being attached hereto as Revised Exhibit 1, labeled as “Revised Exhibit 1, Proof of Pub, Finance – Nov. 30, 2009”; now therefore

BE IT ORDAINED by the Council of the City of Jacksonville:

Section 1. Statement of Intent. Commencing on January 1, 2010 and continuing until discontinued by the City, the City intends to use the Uniform Method for the collection of stormwater utility and residential solid waste assessments to be imposed county-wide in Duval County, excepting there from that property located in the City of Jacksonville Beach, the City of Atlantic Beach, the City of Neptune Beach, and the Town of Baldwin, as authorized by Jacksonville City Code section 754.106 and 382.503. A legal description of the area subject to the non-ad valorem assessments is attached hereto as Exhibit 2 and incorporated herein by reference.

Section 2. Statement of Need. The City Council has already determined that the levy of the stormwater utility and residential solid waste fees was needed in order to fund the cost of providing stormwater utility management services within the City of Jacksonville, and to provide solid waste collection services to residential properties within the City of Jacksonville. Additionally, the Uniform Method is a more efficient and cost effective method of collection than other billing and collection options that may be available to the City of Jacksonville.

Section 3. Notice. Upon adoption, the City’s Chief of Legislative Services, serving as the Clerk is hereby directed to send a certified copy of this Ordinance by United States mail to the Florida Department of Revenue, the Duval County Tax Collector, and the Duval County Property Appraiser by January 10, 2010.

Section 4. Effective Date. That this ordinance shall become effective upon signature by the Mayor or upon becoming effective without the Mayor's signature.

Form Approved:

/s/ Steven E. Rohan

Office of General Counsel

Legislation Prepared By: Debra A. Braga

G:\SHARED\\2009\ord\Stormwater ord of intent to use uniform method.doc

EXHIBIT 1

PROOF OF PUBLICATION

(to be supplied after publication)

EXHIBIT 2

LEGAL DESCRIPTION

LEGAL DESCRIPTION

The entire area of Duval County, Florida, as more particularly described in Section 7.16, Florida Statutes, less the following 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 Cove-Sanctuary 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; 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-of-way 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.

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 one-half (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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