91-R-9 (1)RESOLUTION NO. 9/4 /
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, ORDERING THE ACQUISI-
TION AND CONSTRUCTION OF A PROJECT CONSISTING
OF CONSTRUCTION OF A WASTEWATER COLLECTION
SYSTEM INCLUDING ANY NECESSARY ROAD RESTORA-
TION AND RESURFACING, A PORTION OF AN ADVANCED
WASTEWATER TREATMENT PLANT, AND WASTEWATER
REUSE DISTRIBUTION FACILITIES, ALL WITHIN THAT
PORTION OF THE CITY OF EDGEWATER, FLORIDA,
INCLUDED WITHIN THE BOUNDARIES OF THE FLORIDA
SHORES IMPROVEMENT AREA; DETERMINING THE
ESTIMATED COSTS OF THE PROJECT AND THE ESTI-
MATED COST TO BE PAID BY THE CITY; DETERMINING
THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY
BENEFITED BY THE ACQUISITION AND CONSTRUCTION
OF SAID PROJECT; ESTABLISHING THE METHOD OF
ASSESSMENT OF THE COSTS OF THE PROJECT AGAINST
THE REAL PROPERTY THAT WILL BE SPECIALLY
BENEFITED; DIRECTING THE CITY ENGINEER TO PRE-
PARE OR CAUSE TO BE PREPARED PLANS, SPECIFICA-
TIONS AND ESTIMATES OF COST FOR SUCH PROJECT
AND A TENTATIVE ASSESSMENT ROLL BASED UPON
SUCH METHOD OF ASSESSMENT; DETERMINING AND
PROVIDING FOR THE MANNER AND METHOD OF COMPUT-
ING SUCH SPECIAL ASSESSMENTS TO FINANCE SUCH
PROJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida
(the "Council"), on March 11, 1991 , enacted ordinance
No. 11-0 '( (the "ordinance"), which ordinance created the
Florida Shores Improvement Area Special Assessment District (the
"District") to provide construction of a wastewater collection
system including any necessary road restoration and resurfacing,
a portion of an advanced wastewater treatment facility, and waste-
water reuse distribution facilities (the "Project") in a portion
of the City of Edgewater, Florida (the "City");
WHEREAS, the Council finds and determines it to be necessary
for the continued preservation of the health, welfare, convenience
and safety of the property owners in the District and the inhabi-
tants of the City, to provide, acquire, construct and maintain the
Project within the District and to defray a portion of the costs
of the acquisition and construction of the Project by special
assessments against property specially benefited;
WHEREAS, the Council is required by the Ordinance to approve
the plans, specifications, estimated Cost and Assessment Roll for
the Project and to levy and impose Special Assessments;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. This Resolution is adopted pursuant
to the provisions of the Ordinance, Chapters 166 and 197, Florida
Statutes (1990), Section 7 and 43 of the City Charter, and other
applicable provisions of law.
SECTION 2. PURPOSE AND DEFINITIONS. This Resolution is
the Initial Assessment Resolution as defined in the Ordinance. All
capitalized words and terms in this Initial Assessment Resolution
shall have the meanings defined in the Ordinance.
SECTION 3. AUTHORIZATION OF PROJECT. The Council hereby
authorizes and orders the acquisition and construction of the
Project, as more specifically described in Appendix A attached
hereto, all such wastewater collection and reuse distribution
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facilities and ancillary improvements to be located within the
District and the portion of the capacity of the wastewater treat-
ment facility to be paid for pursuant hereto to be allocated
specifically to the District.
SECTION 4. DESCRIPTION OF PROPERTY SPECIFICALLY BENEFITED.
The Council hereby finds and determines that all parcels of real
property within the District shall be specially benefited by the
acquisition and construction of the Project. The Cost of the
Project to be funded by Special Assessments is estimated to be
$20,247,484. The Cost of the Project shall be assessed against
the benefited property, as provided in the Ordinance, under the
method of apportionment established in Appendix B (the "Apportion-
ment Method"). The City may advance funds in financing the Project
to the extent and in the manner described in Appendix B.
SECTION S. PLANS AND SPECIFICATIONS, ESTIMATED COSTS AND
THE ASSESSMENT ROLL. The City Engineer is hereby directed to
prepare, or cause to be prepared, in triplicate, plans and specifi-
cations and a final estimate of the Cost of the Project, and to
prepare, or cause to be prepared, in triplicate, the Assessment
Roll in the manner provided in the ordinance. The City Engineer
shall apportion his final estimated Costs of the Project among the
parcels of real property within the District as reflected on the
Tax Roll in conformity with the Apportionment Method established
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in Appendix B. Such plans, specifications, estimates of Cost and
the Assessment Roll shall be filed by the City Engineer with the
Clerk and Assessment Coordinator as provided by the Ordinance.
SECTION 6. DESCRIPTION OF SPECIAL ASSESSMENTS. The Cost
of the Project shall be assessed against all parcels of real prop-
erty within the District in accordance with the benefits received
by such property as provided in Section 4 of this Resolution and
designated on the Assessment Roll. All special assessments will
be collected and shall be payable as provided by the terms of the
Ordinance, this Initial Resolution and the Final Resolution.
SECTION 7. NOTICE BY PUBLICATION. The Clerk, upon the
filing with her of the plans and specifications and the Assessment
Roll, shall publish a notice in the manner and the times provided
in Section 4.05 of the Ordinance in substantially the form attached
hereto as Appendix C establishing the public hearing to hear objec-
tions of all interested persons to the Project, the plans, specifi-
cations, estimated Cost of the Project and the Assessment Roll.
Such notice shall state (1) in brief and general terms a descrip-
tion of the Project and its general location; (ii) the manner in
which a person may object; (iii) and that the plans, specifica-
tions, estimated Cost of the Project and the Assessment Roll are
on file with the Clerk and the Assessment Coordinator for inspec-
tion by all interested persons.
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SECTION S. NOTICE BY MAIL. The Clerk shall, at the time
and in the manner specified in Section 4.06 of the ordinance,
mail a copy of such notice to each property owner proposed to be
assessed at the address indicated on the Tax Rolls.
SECTION 9. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
This Resolution was introduced and sponsored by C,,,,,,cilpergon Martin
and was read and passed by a vote of the City Council of the City
of
Edgewater,
Florida at a
Special
meeting
held on the
11
day of
March
1991, and
authenticated
as provided
by law.
Roll Call Vote on Resolution No. 91-R-9 as follows:
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TA YA B. �ESSLER, Mayor
N
ORAJANE GILLESPIE, Councilwoman
MICHAEL D HAYS, Councilman
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C O
\L�.&
LOUISE A. MARTIN, Councilwoman
Approved as to legal form and sufficiency. For use and
of City of Edgewater only.
Ci y Attorney
WP-1704NC/22967/91001-2
03/11/91.ii1
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Project Narrative
Project Description
PROJECT DESCRIPTION
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APPENDIX A
APPENDIX B
APPORTIONMENT METHOD
SECTION B-1. INTRODUCTION. The Cost of the Project shall
be apportioned among all parcels of real property within the
District in conformity with the Apportionment Method established
in this Appendix B. Upon the completion of the plans and specifi-
cations for the construction of the Project, the City Engineer
shall prepare the Assessment Roll by computing the Initial Special
Assessments (as defined in Section B-3 hereof) in accordance with
Section B-5.
SECTION B-2. FINDINGS. It is hereby ascertained, determined
and declared that:
A. The purpose of the Project is to provide wastewater
collection facilities including any necessary road restoration and
resurfacing, a portion of an advanced treatment plant and reuse
distribution facilities within the District to improve the general
health, safety and welfare of all residents in the District and to
improve the utility and enjoyment of all parcels of property within
the District.
B. The majority of the existing parcels within the District
consist of discrete multiples of standard size platted lots and
will derive a benefit from the provision of wastewater service
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based on the number of uniformly platted lots which constitute each
individual parcel. It is further recognized that a minimum of two
(2) uniformly platted lots is required to constitute a single
parcel.
C. Wastewater collection facility project costs shall be
apportioned among Benefited Parcels based upon the number of
uniformly platted lots which constitute the Benefited Parcel.
D. Wastewater treatment and effluent disposal project costs
(i.e. reuse distribution) shall be apportioned among Benefited
Parcels based upon the number of Equivalent Parcels as defined in
Section B-3, which constitute the Benefited Parcel in the following
manner:
/ of Adjoining
Platted Lots
0-3
4-5
6-7
7-9
10-11
12-13
A of Equivalent
Parcels
1
2
3
4
5
6
SECTION B-3. DEFINITIONS. For purposes of applying the
Apportionment Method established in this Appendix B, the following
words and terms shall have the following meanings, unless some
other meaning is plainly intended.
"Annual Payment" shall mean one twentieth (1/20) of the amount
of the Final Assessment. The words Annual Payment, Assessment,
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Special Assessment and Final Assessment are sometimes used inter-
changeably.
"Assessment Period" shall mean the period commencing on the
date the Final Assessment Resolution is adopted and ending on the
date the final scheduled Annual Payment is due.
"Benefited Parcel" shall mean all Parcels within the District,
as designated on the Assessment Roll, that will receive wastewater
collection, treatment, and reuse distribution service as a result
of the Project.
"Equivalent Parcel" shall mean a parcel of property, either
recently in existence or which could be created in the future by
an Irregular Parcel Subdivision, encompassing 2 to 3 adjoining
platted Lots. Each Irregular Parcel shall be deemed to constitute
one Equivalent Parcel for each 2 adjoining platted Lots.
"Initial special Assessment" shall mean the Special Assessment
imposed on all Benefited Parcels, as designated on the Assessment
Roll approved by the Final Assessment Resolution under the provi-
sions of the Ordinance.
"Irregular Parcel" shall mean a parcel of real property within
the District, now in existence or hereafter created, containing
four or more adjoining platted Lots.
"Irregular Parcel subdivision" shall mean the subdivision or
resubdivision of an Irregular Parcel, whether by platting, or by
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the transfer, sale or other conveyance by a metes and bounds or
other legal description, that occurs subsequent to adoption of the
Assessment Roll so as to create more than one or more additional
parcels of real property, whether Regular Parcels or Irregular
Parcels.
"Reapportioned Special Assessment" shall mean the Special
Assessment apportioned to a Subdivided Parcel as set forth herein.
"Regular Parcel" shall mean 2 to 3 adjoining platted lots
within the District, now in existence or hereafter created or an
unplatted parcel of real property within the District with an area
equal to or 2 to 3 adjoining platted lots now in existence or
hereafter created.
"Special Assessment" shall mean the Initial Special Assessment
or any Reapportioned Special Assessment imposed on a parcel of real
property within the District to pay a portion of the Cost of the
Project.
"Subdivided Parcels" shall mean the parcels of real property,
whether Regular Parcels or Irregular Parcels, resulting from an
Irregular Parcel Subdivision.
SECTION B-4. CITY PARTICIPATION. The City may advance funds
from its other legally available revenues to pay a portion of the
Costs of the Project. Any Reimbursement to the City of Funds
Advanced, shall not constitute a profit to The City over and above
actual costs as defined in The Ordinance. Therefore, The City
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shall not collect Annual Payments in excess of the amount necessary
to (i) retire the Bonds secured by the Special Assessments and (ii)
repay all amounts advanced by the City with interest thereon at a
rate equal to the true interest cost of the Bonds secured by the
Special Assessments. Any surplus shall be refunded proportionately
unless the cost of the refund exceeds the amount of the surplus in
which case the amounts shall be applied to other improvements
within the District which will enhance the value of Benefited
Parcels in the same manner as the Project.
SECTION B-5. COMPUTATION OF INITIAL SPECIAL ASSESSMENTS.
The Initial Special Assessment for each Equivalent Parcel shall be
determined by computing the principal amount which can be amortized
by the Annual Payment over a period of twenty (20) years at an
interest rate of 5.5 percent per annum, based on a 365-day year.
Upon the issuance of Bonds secured by the Special Assessments, the
amount of each Initial Special Assessment shall be reduced, without
further notice to the owners of the Benefited Parcels, to an amount
determined by computing the principal amount which can be amortized
by the Annual Payment over the period such Bonds will be outstand-
ing at an interest rate equal to the true interest cost of such
Bonds.
SECTION B-6. ANNUAL PAYMENTS. Any Special Assessments that
are not prepaid five business days prior to the date on which the
City enters into a contract providing for the sale of Bonds secured
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by the Special Assessments shall bear interest at a rate equal to
the true interest cost of such Bonds and shall be payable in twenty
(20) Annual Payments. The Annual Payments shall apply first to
interest accrued in respect of the Special Assessment and
thereafter to the unpaid balance of the Special Assessment.
SECTION B-7. REDUCTION OF CERTAIN IRREGULAR PARCEL SPECIAL
ASSESSMENTS UPON DEMONSTRATION OF ENFORCEABLE USE RESTRICTIONS.
If at any time up to the final adoption of the Assessment roll
at the Equalization Hearing, it is demonstrated to the satisfaction
of the City Attorney that an Irregular Parcel cannot lawfully be
subdivided or utilized in a manner which would create a number of
Regular or Subdivided Parcels equal to the number of Equivalent
Parcels represented by the Special Assessment against such
Irregular Parcel, the Special Assessment shall be reduced to an
amount representative of the number of Regular or Subdivided
Parcels that may lawfully be created from such Irregular Parcel.
SECTION B-S. REDUCTION OF CERTAIN IRREGULAR PARCEL ASSESS-
MENTS UPON EXECUTION OF AFFIDAVIT OF INTENT AND PAYMENT AGREEMENT.
If at any time up to the final adoption of the Assessment Roll at
the Equalization Hearing, the owner of an Irregular Parcel (i)
executes an affidavit, in form and substance acceptable to The City
Attorney, to the effect that such Irregular Parcel will not be
subdivided prior to the end of the Assessment Period; and (ii)
enters into an agreement with The City, in form and substance
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satisfactory to The City Attorney, providing for reinstatement of
the full Special Assessment (subject to credit for Annual Payments
actually made and applicable abatements, if any) if such Irregular
Parcel is subdivided prior to the end of the Assessment Period, the
Special Assessment shall be reduced to an amount reflecting one
Equivalent Parcel.
SECTION B-9. IRREGULAR PARCEL SUBDIVISIONS. Upon the
occurrence of an Irregular Parcel Subdivision for an Irregular
Parcel which has received a reduction of its Equivalent Parcel
Assessment in accordance with Section B-7 or B-8, any new
Equivalent Parcels resulting from said Subdivision shall be
required to pay the prevailing wastewater system impact fee to
secure treatment and effluent disposal system capacity. The
wastewater collection special assessment will continue to be
apportioned to the subdivided parcels based on the number of
platted lots constituting each parcel.
SECTION B-10. FINAL RECONCILIATION OF IRREGULAR PARCEL
SPECIAL ASSESSMENTS. Notwithstanding anything contained herein to
the contrary, upon payment of all required Annual Payments, the
remaining balance, if any, of Special Assessments imposed against
any Irregular Parcel shall be satisfied.
SECTION B-11. APPLICATION OF APPORTIONMENT METHOD. The
application of the Apportionment Method established by this
Appendix B is illustrated by the following example. The hypothe-
FWA
tical improvement area and assessment rolls have been simplified
for purposes of illustrating the Apportionment Method. For
purposes of this example only, it is assumed that interest charged
for deferred payment of the Special Assessments is at the rate of
5.5 percent per annum. The basic data for the hypothetical
improvement area is as follows:
Annual Payment -Wastewater Collection $93.79 Per Platted Lot
Annual Payment - Wastewater Treatment and
Effluent Disposal 50_24 Per Equivalent
Parcel
Number of Annual Payment
Interest Rate
20
5.5 %
The foregoing data results in the following initial Assessment Roll:
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f
\
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§
APPENDIX C
199
NOTICE TO PROPERTY OWNERS OF INTENT TO LEVY CERTAIN
SPECIAL ASSESSMENTS AND CONFIRM RESOLUTION NO. OF
THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA,
ORDERING THE ACQUISITION AND CONSTRUCTION OF ASSESSABLE
WASTEWATER COLLECTION AND TREATMENT FACILITIES, WASTE-
WATER REUSE DISTRIBUTION FACILITIES AND ANCILLARY ROAD
RESTORATION, RESURFACING AND DRAINAGE IMPROVEMENTS IN THE
FLORIDA SHORES IMPROVEMENT AREA SPECIAL ASSESSMENT
DISTRICT
TO ALL PROPERTY OWNERS WITHIN THE FLORIDA SHORES IMPROVEMENT AREA
SPECIAL ASSESSMENT DISTRICT:
Pursuant to Ordinance No. . enacted on
(the "Ordinance"), by the City Council of the City of Edgewater,
Florida (the "Council"), the Council created the Florida Shores
Improvement Area Special Assessment District (the "District").
You are hereby notified that the Council will hear objections
of all interested persons to the approval of the plans and
specifications, the estimated Costs and an Assessment Roll for the
imposition of special assessments against all parcels of real
property within the boundaries of the District for the construction
of wastewater collection, treatment and reuse distribution
improvements and to Resolution No. _ of the Council, adopted on
(the "Initial Assessment Resolution"). A public hearing
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to hear such objections will be held at _.m., in the City
Council Meeting Room at City Hall, 104 North Riverside Drive,
Edgewater, Florida.
The Initial Assessment Resolution authorized and ordered
construction of a wastewater collection system, a portion of an
advanced wastewater treatment plant, reuse distribution facilities,
restoration, resurfacing or other improvements, including ancillary
drainage improvements to the property within the District (the
"Project-'), a portion of the cost of which is to be repaid from
special assessments upon benefited property within the District as
set forth in the Ordinance. Plans and specifications, estimated
costs and the Assessment Roll for the proposed Project are on file
with the City's Assessment Coordinator and the City Clerk. The
Assessment Roll provides the tentative apportionment of costs of
the Project to the benefited properties within the District.
Special assessments shall be levied and imposed on all benefited
properties within the District in an amount equal to the apportion-
ment of the estimated Cost of the Project to each benefited
property based on the method of apportionment established in the
Initial Assessment Resolution. Amounts to be assessed against a lot
or parcel of property may be ascertained at the office of the City
Clerk by an examination of the filed Assessment Roll. Each special
assessment shall constitute a lien upon the .property so assessed
from the date the hereinafter described Final Assessment Resolution
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is adopted to the same extent and nature as the lien for general
City taxes. Therefore, all interested property owners are
encouraged to review the plans, specifications, estimated costs and
the Assessment Roll.
Subsequent to conducting the public hearing described above,
the Council shall consider adoption of a resolution (the "Final
Assessment Resolution"), which shall provide, among other things,
for (1) approval of the plans and specifications, estimated costs
of the Project and the Assessment Roll for the Project, with such
changes as are deemed just and right by the Council, (2) confirma-
tion of the Initial Assessment Resolution, with such amendments as
may be desired by the Council, (3) establishment of special assess-
ments, and (4) establishment of various terms of such special
assessments, including the times during which prepayments may be
made and the amount of premium and interest payable thereon. The
Final Assessment Resolution will confirm the Assessment Roll and
will provide for the terms on which payment of special assessments
may be made and will provide the rate of interest the special
assessments, which are not prepaid, shall bear. Delinquent special
assessments shall be collected as provided in the Ordinance.
All objections to the adoption by the Council of the Final
Resolution shall be made in writing and filed with the City Clerk
before the time or adjourned time of such hearing.
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At the time set forth above, or to which an adjournment may
be taken by the Council, the Council will receive any objections
of interested persons and may then or thereafter consider adoption
of the Final Resolution.
The adoption of the Final Resolution shall be the final
adjudication of the issues presented (including, but not limited
to, the method of apportionment of the special assessment, the
validity of the Assessment Roll, the plans and specifications, the
estimated costs of the Project, the levy and lien of the special
assessments, the interest rate the special assessments shall bear,
and the terms of prepayment of the special assessments) unless
proper steps shall be initiated in a court of competent juris-
diction to secure relief within 20 days from the date of Council
action on its Final Resolution. You are advised that any person
wishing to appeal any decision of the Council with respect to any
matter considered will need a record and may wish to ensure that
a verbatim record is made.
If you have any questions, please contact
at City Hall, (904) 428-3245.
' CITY COUNCIL
CITY OF EDGEWATER, FLORIDA
[TO BE PUBLISHED AND HAILED NOT LESS THAN 20 CALENDAR DAYS
(INCLUDING SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS)
PRIOR TO THE DATE OF THE SHARING]
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