ENACTED 8/10/10
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Introduced by Council Member Yarborough:
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RESOLUTION 2010-531-E
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A RESOLUTION EXPRESSING THE CITY OF JACKSONVILLE’S
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SUPPORT FOR THE PROPOSED ADJUSTMENT TO CONCURRENT
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LEGISLATIVE
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STATION
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EFFECTIVE DATE.
JURISDICTION
FEDERAL
FOR
GEOGRAPHIC
THE
MAYPORT
AREA;
NAVAL
PROVIDING
AN
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WHEREAS, approximately 2,792 acres of Mayport Naval Station
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federal
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jurisdiction, where the federal government has acquired title to
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property but has not obtained any measure of the state’s authority
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over the geographical area, and the federal government (Congress)
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has no legislative jurisdiction over such geographical area and has
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the same rights as any landowner; but that the state or local
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governments may not impose their regulatory powers directly on the
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federal government nor may they tax federal land; and
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property
WHEREAS,
is
currently
approximately
695
under
acres
proprietary
of
Mayport
legislative
Naval
Station
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federal property is currently under federal exclusive legislative
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jurisdiction, wherein the federal government reserves to itself all
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legislative authority over a geographic area, and the state and
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local governments reserve no authority to themselves beyond the
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right
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activities that occur outside the area; and the federal government
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is responsible for all law enforcement; and there is no obligation
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of the state or local governments to provide governmental services;
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and
of
serving
civil
and
criminal
process
in
that
area
for
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WHEREAS, concurrent jurisdiction is an alternative to these
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legislative jurisdictional types where, in granting authority to
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the
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area, the state and local governments are granted and thus reserve
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the right to exercise, concurrently with the United States, all of
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the same legislative authority; thereby making all state, local,
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and federal laws applicable, though regulatory powers of the state
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and
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interfere
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government; and
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United
local
States
to
governments
with
WHEREAS,
exercise
may
federal
be
functions
retaining
exercised
nor
different
may
forms
a
they
of
manner
tax
the
as
within
readiness
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issues, and in order to counter these impediments and to improve
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mission
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requesting a change to concurrent legislative jurisdiction over all
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of
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includes the transfer of approximately 695 acres of property from
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exclusive federal jurisdiction to concurrent jurisdiction, and the
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transfer of approximately 2,792 acres of proprietary jurisdiction
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to concurrent jurisdiction; and
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readiness,
mentioned
areas
including
Naval
Station
federal
security,
Mayport
property
under
is
impacts
to
federal
jurisdiction
adversely
an
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many
boundaries
in
over
Mayport
in
Station’s
jurisdiction
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the
Naval
not
legislative
housing
in
its
the
mission
and
legal
process
cognizance,
of
which
WHEREAS, changing all base property to concurrent jurisdiction
is in accordance with Sections 6.04 and 6.05, Florida Statutes; and
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WHEREAS,
the
United
States
Navy,
will
ultimately
require
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concurrences from the United States Department of Justice, and the
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State Attorney for the Fourth Judicial Circuit; and
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WHEREAS,
the
City
of
Jacksonville
desires
to
express
its
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concurrence to the change to concurrent legislative jurisdiction
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for
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therefore
the
Mayport
Naval
Station
federal
geographic
area;
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BE IT RESOLVED by the Council of the City of Jacksonville:
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Section 1.
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The
City
of
Jacksonville
hereby
now
formally
expresses its concurrence for the proposed adjustment to concurrent
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legislative
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geographic area.
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jurisdiction
Section 2.
for
the
Mayport
Naval
Station
federal
Effective Date. This Resolution shall become
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effective upon signature by the Mayor or upon becoming effective
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without the Mayor's signature.
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Form Approved:
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/s/
Steven E. Rohan
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Office of General Counsel
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Legislation Prepared By: Steven E. Rohan
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G:\SHARED\LEGIS.CC\2010\res\Yarborough Mayport Concurrency.doc
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