Loading...
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