2007-R-16RESOLUTION NO. 2007-R-16
r'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, ELECTING TO USE THE
UNIFORM METHOD OF COLLECTING NON -AD
VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE
INCORPORATED AREA OF THE CITY; STATING A NEED
FOR SUCH LEVY; PROVIDING FOR THE MAILING OF
THIS RESOLUTION; REPEALING RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida, is contemplating the
imposition of special assessments for the provision of Fire Protection Services; and
WHEREAS, the City intends to use the uniform method for collecting non -ad valorem
special assessments for the cost of providing fire protection services to property within the
incorporated area of the City as authorized by Section 197.3632, Florida Statutes, as amended,
because this method will allow such special assessments to be collected annually commencing in
November 2008, in the same manner as provided for ad valorem taxes; and
WHEREAS, the City held a duly advertised public hearing prior to the adoption of this
Resolution, proof of publication of such hearing being attached hereto as Exhibit "A".
NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida:
Section 1. Commencing with the Fiscal Year beginning on October 1, 2007, and with
the tax statement mailed for such Fiscal Year, the City intends to use the uniform method of
collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes, as
amended, for collecting non -ad valorem assessments for the cost of providing fire protection
services. Such non -ad valorem assessments shall be levied within the incorporated area of the City.
A legal description of such area subject to the assessment is attached hereto as Exhibit `B"and
incorporated by reference.
2007-R-16 1
Section 2. The City hereby determines that the levy of the assessments is needed to fund
the cost of fire protection services within the incorporated area of the City.
Section 3. Upon adoption, the City Clerk is hereby directed to send a copy of this
Resolution by United States mail to the Florida Department of Revenue, the Volusia County Tax
Collector, and the Volusia County Property Appraiser by January 10, 2008.
Section 4. If any section, subsection, sentence, clause, phrase, or portion of this
Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court,
such portion of application shall be deemed a separate, distinct, and independent provision, and such
holding shall not affect the validity of the remaining portions or application hereof.
Section 5. All resolutions or parts of resolutions in conflict herewith be and the same are
hereby repealed.
Section 6. This resolution shall take effect immediately upon its adoption.
After Motion to approve by Councilwoman Rhodesand second by Councilwoman Bennington
the vote on this resolution was as follows:
AYE NAY
Mayor Mike Thomas x
Councilman Debra J. Rogers x
Councilwoman Gigi Bennington x
Councilwoman Harriet B. Rhodes x
Councilman Ted Cooper x
2007-R-16 2
r-
O
PASSED, APPROVED AND ADOPTED this
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
2007-R-16
3rdday of December, 2007.
1 1 �
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater during the Council meeting held
on this 3rd day of December, 2007 under
Agenda Item No. 7 A .
EXHIBIT "A"
PROOF OF PUBLICATION
2007-R-16
The News -Journal
Published Daily and Sunday
Daytona Beach, Volusia County, Florida
State of Florida,
County of Volusia:
Before the undersigned authority personally appeared
Linda Pierre
Who, on oath says that she is
Classified Advertising Manager
... _............_ - ...............I .. .................. ............................
of The News -Journal, a daily and Sunday newspaper,
published at Daytona Beach in Volusia County,
Florida, the attached copy of advertisement, being a
Notice of Intent
in the matter of To Use Uniform Method of Collecting
Non -Ad Valorem Assessments
in the Court
was published in said newspaper in the issuead 2
November 9, 15, 22, 29, 2007 16
......._.............._......_..._......_................_....................................... _........ .......... .......... ...... .....................
Affiant further says that The News -Journal is a
newspaper published at Daytona Beach, in said
Volusia County, Florida, and that the said newspaper
has heretofore been continuously published in said
Volusia County, Florida, each day and Sunday and
has been entered as second-class mail matter at the
post office in Daytona Beach, in said Volusia County,
Florida, for a period of one year nerd preceding the
first publication of the attached copy of advertisement:
and affiant further says that she has neither paid nor
promised any person, firm or -corporation any
discount, rebate, c mission or refund for the
purpose of securing is advertisement for publication
in the said newspap r D
1'
Sworn to and subscribed before me
_ ej.�"y',: ANI IA MARIE SAUNDERS
'. Notary Public. State of ROO&
sR My Comm. Expires Aug, 30, 2011
?u.$r` Comm No Dn 687768
The actual Proof of Publication from the Daytona
News -Journal cannot be supplied to the City until
after the advertisement that will run on November
29, 2007.
NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING
NON -AD VALOREM ASSESSMENTS
The City of Edgewater, Florida (the "CM hereby provides notice,
pursuant to section 197.3632(3)(a), Florida Statutes, of its intent to use the
uniform method of collecting non -ad valorem special assessments to be levied
within the incorporated area of the City, for the cost of providing fore protection
services commencing for the Fiscal Year beginning on October 1, 2008. The City
will consider the adoption of a resolution *Waft to use the unform method of
collecting such assessments authorized by section 197.3832, Florida Statutes, at
a public hearing to be held at 7:00 p.m. on December 3, 2007 at the Council
Chambers, 104 N. Riverside Drive, Edgewater, Florida 32132. Such resolution
will state the need for the levy and will contain a legal description of the
boundaries of the real property subject to the levy. Copies of the proposed fore
of resolution, which contains the legal description of the real property subject to
the levy, are on file at the City Hall, 104 N. Riverside Drive, Edgewater, Florida
32132. All interested persons are invited to attend.
In the event any person deckles to appeal any decision by the City with
reaped to any matter relating to the consideration of the resolution at the above -
referenced public hearing, a record of the proceeding may be needed end in
such an event, such person may need to ensure that a verbatim record of the
public hearing is made, which record includes the testimony wid evidence on
which the appeal is to be based. In accordance with the Americans with
Disabilities Act, persons needing a special accommodation or an interpreter to
participate in this proceeding should contact the City Clark at (306) 424-2400,
five (5) days prior to the dets of the hearing.
Submitted by,
sl&u J. Wadswonh,CMC
City Clerk
Type Ad: Legal
Publish Date: Friday, November 9, 2007, Thursday, November 15, 2007,
Thursday, November 22, 2007 and Thursday, November
29, 2007
Proof and Bill to: City Clerk
P. O. Box 100
Edgewater, FL 32132-0100
EXHIBIT `B"
LEGAL DESCRIPTION
GENERAL PROVISIONS 11.10
prolongation of the center line of the Gabardy Canal; thence
westerly along the prolongation of the center line of the Gabardy
Canal center line to the point of beginning.
(Ord. No. 639, § 3, 11-17-69; Ord. No. 666, § 1, 9-9-70; Ord, No.
762, § 1, 8-30-72; Ord. No. 886, § 1, 9-16-74; Ord. No- 980, § 2,
8-8-77; Ord. No. 81-0-40, § 2, 12-21-81; Ord. No. 82-0-6, § 2,
4-6-82)
Charter refer,¢,,—Boaadwy ae of 1966, § 6.
State law refarenee—Annexation pracedu , Fla. Stat. Ch. 17L
Sapp. No. 47 147 Me neat page is 1991
EXHIBIT `B"
LEGAL DESCRIPTION
GENERAL PROVISIONS §1-10
Sec. 1-10. City boundary.
The boundary line of the city is hereby redefined and shall
stand as described, as follows:
Commence on the center line of Gabardy or South Canal in
section fifty, township seventeen south, range thirty-four east
where the canal enters the Hillsboro or Indian River north for the
point of beginning; thence westerly along the center line of the
said canal to the south line of the Seymour Pickett grant in
section forty-nine, township seventeen south, range thirty -Sour
east; thence south seventy-four degrees west along said grant line
to its intersection with the section line between sections twenty-
nine and thirty, township seventeen south, range thirty-four east;
thence south on said section line forty-six and fifty one -
hundredths chains to the northerly line of the Geronimo Alvarez
grant, section fifty-two, township seventeen south, range thirty-
four east; thence south seventy-four degrees west nine and
Supp. No. 55 140.1
EXHIBIT "B"
LEGAL DESCRIPTION
GENERAL PROVISIONS g 1-10
fifty one -hundredths chains along the northerly line of said
Alvarez grant to the northwesterly corner thereof; thence
south fourteen degrees east fifty chains along the westerly
line of said Alvarez grant to the southwesterly corner
thereof; thence north seventy-four degrees east along the
southerly line of said Alvarez grant to a point, said point
being on the south line of said Alvarez grant and a distance
of two thousand four hundred forty-six and fifty-eight
one -hundredths feet southwesterly of the northeast comer of
U.S. lot three, section thirty-two, township seventeen south,
range thirty-four east; thence south six degrees, nineteen
minutes, forty-two seconds east, a distance of eight hundred
forty-eight and thirty-two one -hundredths feet to the
northeast comer of the Bett's grant, section fifty-four,
township seventeen south, range thirty-four east; thence
south twenty degrees, eighteen minutes, thirty-four seconds
east along the east line of the said Bett's grant, a distance
of three hundred thirty and five one -hundredths feet to the
intersection of the southerly line of U.S. lot four, section
thirty-two, township seventeen south, range thirty-four
east; thence easterly along said south line of U.S. lot four
and the southerly line of U.S. lot three, a distance of one
thousand one hundred twenty-two and twenty-one one -
hundredths feet; thence northerly and parallel to the east
line of said U.S. lot three, a distance of one thousand five
hundred thirty-seven and four one -hundredths feet to the
southerly line of the said Alvarez grant; thence north
seventy-four degrees east along the southerly line of said
Alvarez grant to the northeast corner of U.S. lot three,
section thirty-two, township seventeen south, range thirty-
four east; thence south along the east line of said U.S. lot
three and the east line of U.S. lot five, section thirty-two,
township seventeen south, range thirty-four east to the
south line of township seventeen south, range thirty-four'
east; thence south eighty-eight degrees, forty-one minutes,
forty-four seconds west one thousand seven hundred
sixty-six feet along the said south line of township
seventeen south, range thirty-four east to the easterly line
of the Bett's grant, section thirty-eight, township eighteen
south, range thirty-four east; thence south twenty-one
141
EXHIBIT "B"
LEGAL DESCRIPTION
§ 1-10 EDGEWATER CODE
degrees, six minutes, forty-six seconds east seven thousand
six hundred forty-nine and nine -tenths feet along the
easterly line of said Bett's grant to the southeasterly corner
thereof; thence south sixty-eight degrees, fifty-three min-
utes, fourteen seconds west one thousand eight hundred feet
along the north line of the Bolton grant, section thirty-nine,
township eighteen south, range thirty-four east; thence
south twenty-one degrees, six minutes, forty-six seconds
east parallel to the east line of said Bolton grant nine
thousand eight hundred seventy-two feet; thence north
sixty-eight degrees, fifty-three minutes, fourteen seconds
east one thousand eight hundred feet to the south comer of
section fifteen, township eighteen south, range thirty-four
east; thence north no degrees thirty-two minutes twenty-one
seconds west seventy-seven and two -tenths feet to the
southwest corner of the northwest quarter of the northwest
quarter of section fourteen, township eighteen south, range
thirty-four east; thence north eighty-nine degrees forty-six
minutes thirty-four seconds east seven hundred forty-five
feet; thence north no degrees thirty-two minutes twenty-one
seconds west one thousand three hundred twenty-two and
five -tenths feet to the north line of section fourteen,
township eighteen south, range thirty-four east; thence
north eighty-nine degrees eight minutes forty-four seconds
east one thousand five hundred twenty-six and seven -
tenths feet; thence south twenty-one degrees fifteen minutes
fifty-one seconds east five hundred ninety-seven feet to the
northwesterly corner of the Jane Murray grant, section
forty-eight, township eighteen south, range thirty-four east;
thence north sixty-eight degrees fifty minutes thirty-nine
seconds east along the northerly line of said Jane Murray
grant one thousand six hundred twelve feet; thence south
eighty-nine degrees eight minutes forty-four seconds west
one hundred twenty-five feet to the southeast corner of U.S.
lot two, section eleven, township eighteen south, range
thirty-four east; thence north no degrees twenty-six minutes
sixteen seconds west nine hundred twenty and one -tenth
feet to the westerly right-of-way line of the Florida East
Coast Railway; thence northerly along the said westerly
right-of-way line of the Florida East Coast Railway
142
EXHIBIT "B"
LEGAL DESCRIPTION
GENERALPROVISIONS g1-10
right-of-way line to the south line of section two, township eighteen
south, range thirty-four east; thence north eighty-nine degrees thir-
teen minutes forty-four seconds east along the south line of section
two, to the point of intersection of said south line of section two with
the west side of lot fourteen of Edgewater Country Estates, as per
map recorded in map book eleven, page two hundred forty-seven,
public records of Volusia County, Florida; thence south along the
west line of said lot fourteen a distance of one thousand three
hundred eighteen and five -tenths feet to the north right-of-way of
Roberta Road as now laid out; thence east along the southern bmmd-
ary of said lot fourteen and the northern right-of-way of Roberts
Road to the southeast comer of lot fourteen; thence south across
Roberts Road to the intersection of the northwest corner of lot
nineteen and the southern right-of-way of Roberts Road; thence
south along the west aide of said lot nineteen, a distance of one
thousand three hundred fifty-seven and 45 one -hundredths feet
to the southwest corner of said lot nineteen; thence east along
the southern boundary of lots nineteen, eighteen, seventeen, and
sixteen, a distance of one thousand one hundred forty-six and forty
one -hundredths feet to the southern most southeast corner of lot
sixteen; thence north along the matem boundary of lot sixteen, a
distance of six hundred fifty-three and five -tenths feet; thence east
along a prolongation of the south boundary of lot nine, a distance of
one hundred twelve and five -tenths feet to the southwest comer of
lot nine; thence north along the western boundary of lots seven,
eight, and nine of said subdivision, a distance of six hundred sixty
and eighty one -hundredths feet to the southerly right-of-way of
Roberta Road as now laid out; thence west along the southerly
right-of-way of Roberta Road to a point where the southern prolon-
gation of the west aide of lot ten would intersect with said southerly
right-of-way of Roberts Road; thence north across Roberts Road to
the southwest corner of lot ten of said subdivision; thence north
along the westem boundary of said lot ten, a distance of six hundred
fifty nine and twenty six one -hundredths feet; thence west, parallel
to the south line of said section two, a distance of three hundred
forty-three feet to the east boundary of lot twelve; thence north
along the eastern boundary of lot twelve, a distance of six hundred
fifty nine and twenty-six one -hundredths feet to said south line of
section two, township eighteen south, range thirty-four east; thence
north eighty-nine degrees thirteen minutes forty-four seconds east
SUPP Nas 143
EXHIBIT °B"
LEGAL DESCRIPTION
§1-10 EDGEWATERCODE
along the south line of said section two to the southeast corner of
said section two; thence north no degrees twenty-seven minutes
sixteen seconds west two hundred thirty-one feet; thence south
eighty-nine degrees thirteen minutes forty-four seconds west one
'thousand three hundred thirty-nine feet; thence north no degrees
twenty-seven minutes sixteen seconds west one thousand one hun-
dred and five -tenths feet to the northeast corner of the southwest
quarter of the southeast quarter of section two township eighteen
south, range thirty-four east; thence westerly along the north line of
the said southwest quarter of the southeast quarter of section two,
township eighteen south, range thirty-four east to the southeast
comer of the west quarter of the northwest quarter of the southeast
quarter of said section two; thence northerly along the easterly line
of the west quarter of the northwest quarter of the southeast quar-
ter of said section two to the south line of the southwest quarter of
the northeast quarter of section two, township eighteen south, range
thirty-four east; thence east along the south line of said southwest
quarter of the northeast quarter to the southeast corner thereof;
thence south along the west line of lot thirteen, block A, Edgewater
Park Subdivision as shown on map in map book ten, page one
hundred fifty-four of the public records of Volusia County, Florida
to the northerly line of Thomas Avenue, a fifty -foot right-of-way as
platted per Edgewater Park Subdivision; thence easterly along the
northerly line of said Thomas Avenue a distance of six hundred nine
feet to the westerly right-of-way line of U.S. highway no. one, a one
hundred fifty -eight -foot right-of-way as now laid out; thence north-
erly along the said westerly right-of-way line to a point, said point
being three hundred feet northerly of the south line of U.S. lot
seven, section two, township eighteen south, range thirty-four east;
thence westerly and parallel to the said southerly line of U.S. lot
seven, section two, township eighteen south, range thirty-four east;
to the easterly line of the southwest quarter of the northeast quarter
of section two, township eighteen south, range thirty-four east;
thence north along the east line of the said southwest quarter of the
northeast quarter and the northerly extension thereof to the west-
erly right-of-way line of U.S. highway no. one; thence northerly
along the said highway right-of-way line six hundred eighteen and
four -tenths feet; thence south sixty-four degrees twelve minutes
nineteen seconds west for seven hundred four and forty one -hundredths
feet; thence north twenty-six degrees forty-one minutes forty-one
Supp. No.6 144
10
EXHIBIT "B"
LEGAL DESCRIPTION
GENERAL PROVISIONS 41-10
seconds west for a distance of six hundred eighteen and four -
tenths feet; thence north sixty-four degrees twelve minutes
nineteen seconds east for a distance of seven hundred four and
forty one -hundredths feet to the westerly rightof-way, of said U.S.
highway no. one; thence along the two hundred ten feet southerly
and two hundred ten feet westerly perimeter of a parcel being the
northerly two hundred ten feet of the easterly two hundred ten
feet in the northwesterly quarter of the northeast quarter of
section two to the north line of section two, township one hundred
eighty-five, range thirty-four east; thence two hundred ten feet
along said north line of section two to the easterly right-of-way of
U.S. highway no. one, a one -hundred -fifty -eight -foot right -£-way
as now laid out; thence south twenty-six degrees, twenty-six
minutes east, along the easterly line of said U.S. highway no. one
to a point said point being one hundred forty feet northerly of and
as measured along the said easterly right-of-way of U.S. highway
no. one from the south line of U.S. lot six, section two, township
eighteen south, range thirty-four east; thence northeasterly to
the east line of U.S. lot six to a point on the east line of said U.S.
lot six, said point being three hundred ninety-six and fifty-five
one -hundredths feet northerly of the southeast comer of said U.S.
lot six; thence easterly and at right angles to the easterly line of
said U.S. lot six a distance of two hundred nine feet more or less
to the westerly right-of-way line of the intraconstal waterway;
thence northerly along the said westerly right-of-way line of the
intracoastal waterway to a point said point being sixty-nine and
five -tenths feet southerly of a line, said line being north sixty-two
degrees east from the northeast corner of said U.S. lot six; thence
south sixty-two degrees west two hundred fifty feet more or less
to the easterly line of said of said U.S. lot six, thence south
twenty-eight degrees east along the easterly line of said U.S. lot
six to the point of intersection with the southerly line of the
northerly sixty-nine and five -tenths feet of said U.S. lot sit;
thence west along the southerly line of the northerly sixty-nine
and five -tenths feet of said U.S. lot six to a point, said point being
four hundred ninety-seven and forty-nine one -hundredth. feet
easterly of the easterly right -of --way of U.S. highway no. one;
thence south twenty-six degrees twenty -.ix minutes east and
Parallel to the east right-of-way line of U.S. highway no. one a
distance of twenty-two and thirty-four one -hundredths feet for
Supy. No. 47 145
EXHIBIT "B"
LEGAL DESCRIPTION
11-10 EDGEWATER CODE
the point of exception; thence continue south twenty-six degrees,
twenty-six minutes east and parallel to the east right-of-way line
of U.S. highway no. one a distance of one hundred eighty feet;
thence west and parallel to the north line of U.S. tot six and north
line of the west half of the northeast quarter, section two,
township eighteen south, range thirty-four east a distance of one
hundred fifty feet; thence north twenty-six degrees, twenty-six
minutes west and parallel to the easterly line of U.S. highway no.
one a distance of sixty-five feet; thence east a distance of fifty feet;
thence north twenty-six degrees, twenty-six minutes west a
distance of one hundred fifteen feet; thence east a distance of one
hundred feet to the point of exception; thence north twenty-six
degrees, twenty-six minutes west a distance of twenty-two and
thirty-four one -hundredths feet; thence west a distance of one
hundred twenty feet; thence south twenty-six degrees, twenty-six
minutes east a distance of twenty-two and thirty-four one
hundredths feet to a point, said point being three hundred
seventy-seven and forty-nine one -hundredths feet easterly of the
east line of U.S. highway no. one; thence west and parallel to the
north line of the west half of the northeast quarter, section two,
township eighteen south, range thirty-four east a distance of
three hundred seventy-seven and forty-nine one -hundredths feet
to the said easterly right-of-way of U.S. highway no. one; thence
north twenty-six degrees twenty-six minutes west along the said
easterly right-of-way a distance of one hundred feet to a point on
the said north line of the west half of the northeast quarter
section two, township eighteen south, range thirty-four east, said
Point being also described as on the south line of U.S. lot five,
section two, township eighteen south, range thirty-four east;
thence east along the said south line of U.S. lot five, section two,
township eighteen south, range thirty-four east, to the southeast
corner of said U.S. lot five; thence north sixty-two degrees east to
the center line of the channel of the Hillsboro or Indian River
north; thence northerly along the center line of said channel to
the intersection of the said channel center line with the easterly
Together with all properties that have been annexed
into the City of Edgewater corporate limits.
aupp. No. 47 146
12