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94-O-19 ... 'w' .."" ORDINANCE NO. 94-0-19 AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, AMENDING ORDINANCE 91-0-1, TO CHANGE CERTAIN DEFINITIONS CONTAINED THEREIN; TO CLARIFY THE POWER OF THE CITY THEREUNDER TO LEVY SPECIAL ASSESSMENTS AS NECESSARY FOR THE CONSTRUCTION OF CAPITAL IMPROVEMENTS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. This Ordinance is enacted pursuant to the provisions of Chapter 166, Florida Statutes, Sections 1.01 and 3.12 of the Charter of the City of Edgewa ter , Ordinance No. 91-0-1 (the "Original Ordinance") of the City, and other applicable provisions of law (collectively, the "Act"). 2. It is hereby found, ascertained and determined to be in the best interest of the City to amend the Original Ordinance ln order to clarify the provisions under which capital improvements may be constructed and secured by Assessments levied on those improvements. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMENDMENT OF SECTION 1.01 (DEFINITIONS) OF ARTICLE I (INTRODUCTION) OF ORDINANCE NO. 91-0-1 OF THE CITY OF EDGEWATER, FLORIDA. Section 1.01 is amended as follows: Section 1.01. DEFINITIONS. "Assessment" means a non-ad valorem assessment lawfully imposed by the City for payment of Costs in accordance with the terms of this Ordinance against properties specially benefitted by ~ :e-he Project. "Bonds" means the bonds, loan agreements, notes, DER revolving fund loan, or other evidence of indebtedness issued or entered into by the City pursuant to Article VI hereof, payable from the Pledged Revenues and such other funds, if any, that the Council may pledge Struck through passages are deleted. Underlined passages are added. 94-0-19 1 , "-' "" or may covenant to budget and appropriate in any fiscal year pursuant to Section 6.01 hereof. "Florida Shores Improvement Area" means the area known as Florida Shores as shown on the assessment plat attached to the Oriqinal Ordinance as Exhibit "A" and ratified and affirmed by Article II thereof. "Improvement Area" means the area ]cnmin ao Florida Shores Improvement Area ao ohmm on the aooeooment plat attached hereto ao Enhibit "1\" and ratified and affirmed by 1\rticle II hereof, and any improvement area subsequently created by ordinance of the City and brought within the scope of the Oriqinal Ordinance thio ordinance pursuant to Section 2.02 hereof and described in an Initial Assessment Resolution pursuant to Section 4.02 hereof. "Pledged Revenues" means (A) the proceeds of the Bonds, including investment earnings, (B) proceeds of the Assessments, as specified by the resolution authorizing the Bonds, and (C) any other non-ad valorem revenues or other legally available moneys specifically pledged by the City or covenanted to be budqeted and appropriated under the resolution authorizing the Bonds. "Project~" means the conotruction of a waotewater collection oyotem including any neceooary road reotoration and reourfacing, a portion of an advanced lmotelmter treatment plant and 'iaote,mter reuoe diotribution facilitieo located liithin the Improvement 1\rea or directly oerving the Improvement 1\rea the 1991 Pro;ect and any future capital improvements located in an Improvement Area and specified by the Council as beinq within the scope of this Ordinance. "1991 proiect" means the construction of a wastewater collection system includinq any necessary road restoration and resurfacinq, a portion of an advanced wastewater treatment plant and wastewater reuse distribution facilities located within the Florida Shores Improvement Area or directly servinq the Florida Shores Improvement Area. Struck through passages are deleted. Underlined passages are added. 94-0-19 2 ........ ,...", PART B. AMENDMENT OF SECTION 2.02 (ADDITIONAL IMPROVEMENT AREAS) OF ARTICLE II (IMPROVEMENT AREA) OF ORDINANCE NO. 91-0-1 OF THE CITY OF EDGEWATER, FLORIDA. section 2.02 is amended to read as follows: Section 2 .02 . ADDITIONAL IMPROVEMENT AREAS. Additional special assessment districts may be brought within the scope of this Ordinance by specifically referencing and incorporating the terms of this Ordinance in the ordinance or resolution creating such additional special assessment districts. PART C. AMENDMENT OF SECTION 2.03 (CHANGES IN IMPROVEMENT AREA BOUNDARIES) OF ARTICLE II (IMPROVEMENT AREA) OF ORDINANCE NO. 91-0-1 OF THE CITY OF EDGEWATER, FLORIDA. Section 2.03 is amended to read as follows: Section 2.03. CHANGES IN IMPROVEMENT AREA BOUNDARIES. Nothing in this Ordinance shall be construed to prohibit the adoption of a future ordinance or resolution changing the boundaries of any Improvement Area. The expansion or contraction of any Improvement Area shall not invalidate any Assessment properly imposed hereunder; provided however, that the Council shall comply with the procedures set forth herein prior to imposing any Assessment against property not previously subject thereto. PART D. AMENDMENT OF SECTION 4.09 (PAYMENT OF ASSESSMENTS) OF ARTICLE IV (ASSESSMENTS) OF ORDINANCE NO. 91-0-1 OF THE CITY OF EDGEWATER, FLORIDA. Section 4.09 is amended to read as follows: Section 4.09. PAYMENT OF ASSESSMENTS. Except as otherwise provided by resolution of the Council, no prepayments of Assessments shall be accepted prior to the adoption of the Final Assessment Resolution. Thereafter, any prepayments shall be made as specified in the Final Assessment Resolution. The Clerk (or such other official as the Council shall determine by resolution) shall note (mechanically or electronically) on the Assessment Roll any prepayments and shall maintain a record of the name and address of persons making prepayments prior to completion of the Project. The Council, by resolution, may determine the time during which prepayments may be made and the amount of interest and prepayment Struck through passages are deleted. Underlined passages are added. 94-0-19 3 f. ..... ,..." premium payable at the time of payment. If not prepaid, all Assessments shall be payable in equal principal annual installments (unless otherwise provided by resolution of the Council), with interest on the outstanding balance at the rate and from the date set by the Final Assessment Resolution. Assessments shall be collected in the manner set forth in Article V hereof. Subject to the provisions of Sections 4.10 and 4.11 hereof, if Bonds or Notes are issued pursuant to this Ordinance, the Assessments shall bear interest at a rate not to exceed two percent above the true interest cost of such Bonds or Notes plus any ongoing expenses related to the Bonds and Notes and collection of the Assessments, from the date the Final Assessment Resolution is adopted or such other date as the Council may provide by resolution, payable in each of the succeeding years, not to exceed 30 years, which the Council shall determine by resolution; provided however, that during any period in which Assessments are outstanding and Bonds or Notes have not been issued, the Council may establish an interest rate for the Assessments, not to exceed the maximum rate permitted by law. The Council may provide by resolution that any Assessment may be paid at any time before due, together with any applicable prepayment premium and interest accrued thereon to the date of payment or such later date as shall be determined by the Council by resolution, if such prior payment shall be permitted by the proceedings authorizing any Bonds or Notes for the payment of which such Assessments have been pledged. PART E. AMENDMENT OF SECTION 6.01 (GENERAL AUTHORITY) OF ARTICLE VI (ISSUANCE OF BONDS) OF ORDINANCE NO. 91-0-1 OF THE CITY OF EDGEWATER, FLORIDA. Section 6.01 is amended to read as follows: Section 6.01. GENERAL AUTHORITY. Upon adoption of the Final Assessment Roll Rcoolution or at any time thereafter, the Council shall have the power and it is hereby authorized to provide by reoolution issue Bonds, at one time or from time to time in series, for the ioouance of Bondo of the City for the purpose of paying all or part of the Cost of the Projects. The principal of and interest struck through passages are deleted. Underlined passages are added. 94-0-19 4 .. " 'W" ..." on each series of Bonds shall be payable from Pledged Revenues. At the option of the Council, the City may covenant to budget and appropriate from non-ad valorem revenue sources identified by the City by resolution or from general non-ad valorem revenues of the City in an amount necessary to make up any deficiency in the payment of the Bonds. All such details of Bonds shall be authorized bv resolution of the City adopted at or prior to the time the Assessment Roll is approved. The City may issue a single series of Bonds to finance Projects in different Improvement Areas, provided such resolution identifies each Project to be financed and the Improvement Area in which it is located. PART F. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART G. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts F through J shall not be codified. PART I. EFFECTIVE DATE. This Ordinance shall take effect upon adoption. PART J. ADOPTION. After Motion by Councilman Mitchum and Second by Councilwoman Struck through passages are deleted. Underlined passages are added. 94-0-19 5 Martin, the vote on the first reading of this ordinance held on August 1, 1994, was as follows: Mayor Jack H. Hayman, Sr. AYE Councilman Kirk Jones AYE Councilwoman Louise A. Martin AYE Councilman Mike Hays AYE Councilman David L. Mitchum AYE After Motion by Councilman Mitchum and Second by Councilwoman Martin, the vote on the second reading of this ordinance was as follows: Mayor Jack H. Hayman, Sr. AYE Councilman Kirk Jones ABSENT Councilwoman Louise A. Martin AYE Councilman Mike Hays AYE Councilman David L. Mitchum AYE PASSED AND DULY ADOPTED this 15th day of August, 1994. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA \ / APPROVED FOR FORM �/ AND CORRECTNESS: 2:L A - vista A. Storey 61 City Attorney passages are deleted. Underlined passages are added. 94-0-19 6