94-R-22RESOLUTION NO. 94-R-22
(FINAL ASSESSMENT RESOLUTION)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, RELATING TO THE LEVY OF SPECIAL
ASSESSMENTS AGAINST THE LANDS AND REAL ESTATE WITHIN THE
AREA OF THE CITY SPECIFICALLY BENEFITTED BY PAVING
IMPROVEMENTS WITHIN FLORIDA SHORES IMPROVEMENT AREA
SPECIAL ASSESSMENT DISTRICT) ADOPTING THE PRELIMINARY
ASSESSMENT ROLL PURSUANT TO CHAPTER 197, FLORIDA
STATUTES; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER,
FLORIDA:
SECTION 1. AUTHORITY OF RESOLUTION. This resolution is
adopted pursuant to the provisions of Chapters 166 and 197, Florida
Statutes, Section 1.01 and Section 3.12 of the City Charter of the
City of Edgewater, Ordinance No. 91-0-1 of the City, as amended by
Ordinance No. 94-0-19 of the City, and other applicable provisions
of law.
SECTION 2. FINDINGS. It is hereby found, determined and
declared by the City Council (the "Council") of the City of
Edgewater, Florida (the "City"):
A. The Council has previously determined pursuant to
Resolution No. 94-R-15, adopted August 15, 1994 (the "Initial
Assessment Resolution"), based on the presentations to the Council
by City staff and members of the public to provide for the
acquisition and construction of certain paving improvements (the
"Project") within the area of the City known as Florida Shores
Improvement Area Special Assessment District ("Florida Shores
Improvement Area"), and to assess a portion of the cost thereof
against property specially benefitted thereby.
B. There has been prepared and filed with the City Clerk (the
"Clerk") a preliminary assessment roll, which is incorporated
herein by this reference (the "Preliminary Assessment Roll").
C. By notice to the owners of the benefitted properties
within Florida Shores Improvement Area, the City has duly notified
such owners of the unit of measurement according to which the
assessments would be levied, of the number of units contained in
the subject property, of the amount of the assessment to be levied
against the subject property, and other information relating to the
manner of payment of the assessments.
D. By notice duly published and mailed, the City has provided
notice of the public hearing to be held on this day with respect to
said assessments.
E. The Council, after notice duly given in accordance with
Section 197.3632(4)(b), has held a public hearing on the matter of
the Project and the assessments during which all interested persons
were given the opportunity to present written objections and
testimony.
F. The Council, sitting as an equalizing board (the "Board")
has equalized and adjusted the amounts set forth in the Preliminary
Assessment Roll.
SECTION 3. APPROVAL OF PROJECT AND ASSESSMENTS. The Council
hereby determines and declares, based on the presentations to the
Council by City staff and members of the public that: (a) the
undertaking of the Project is in the best interest of the health
and welfare of the citizens of the City; (b) the properties to be
benefitted by the Project will receive benefits in an amount not
less than the amount of the assessments against the various
properties; (c) it is in the best interests of the City to finance
a portion of the cost of the Project through the levy of the
assessments (d) the preliminary plans and specifications and cost
estimates on file with the City with respect to the Project are
hereby approved; and (e) the assessments shall be levied in the
amounts shown on the Preliminary Assessment Roll.
SECTION 4. ADOPTION AND APPROVAL OF PRELIMINARY ASSESSMENT
ROLL. The Preliminary Assessment Roll, as adjusted and equalized
at the public hearing heretofore held, is hereby adopted and
approved.
SECTION 5. ROLL CONFIRMED. The Preliminary Assessment Roll,
as herein approved, is hereby confirmed and the assessments, as set
forth therein, shall stand as a lien against the benefitted
properties until satisfied. The Preliminary Assessment Roll shall
be (a) filed with the Clerk and recorded in the Improvement Lien
Book of the City and (b) certified to the tax collector as required
by Section 197.3632(5), Florida Statutes. The Initial Assessment
Resolution is hereby confirmed.
SECTION 6. DETERMINATION OF INTEREST RATE ON ASSESSMENTS;
PREPAYMENT OF ASSESSMENTS. The interest rate on the Assessments
shall not exceed one percent in excess of the interest rate on the
bonds issued to finance the Project with a final interest rate to
be determined at or prior to the date of sale of such bonds.
Interest on the Assessments shall accrue from the last date such
Assessments may be prepaid until payment thereof. The Assessments
may be prepaid on or prior to October 12, 1994. If prepaid, such
Assessments shall be discounted to a rate of $736.19 per equivalent
residential lot. If not prepaid on or prior to October 12, 1994,
such Assessments shall be payable at the non -discounted rate of
$815.85 per equivalent residential lot in fourteen equal annual
installments, together with interest thereon at the rate described
above.
SECTION 7. SEVERABILITY. If any one or more of the
provisions of this Resolution should be held to be contrary to any
3248/EDG08.001/R-RESO-FINAL-PHASE 2 September 13, 1994 1:50 pm
express provision of law or to be contrary to the policy of express
law, though not expressly prohibited, or to be against public
policy, or should for any reason whatsoever be held invalid, then
such provisions shall be null and void and shall be deemed separate
from the remaining provisions of, and in no way affect the validity
of, all the other provisions of this Resolution.
SECTION 8. EFFECTIVE DATE. This Resolution shall take effect
immediately upon the final approval hereof.
After Motion by Councilman Mitchum and Second by Councilman
Hays, the vote on this resolution was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin NAY
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 12th day of September, 1994.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Hy:
ack H. H , Sr. '
Mayor
By:
FOR FORM S CORRECTNESS:
R it Etta A. Storey
City Attorney
8248/EDG08.001/R-RESO-FINAL-PHASE 3 September 13, 1994 1:50 pm
Edgewater COUNTY - VOLUSIA S -Tw
PRELIMINARY POPULATION ES'i1MATE (PERMANENT RESIDENTS, APRIL 1, 1994
TOTAL
PRELIMINARY
PRELIMINARY EST.
CENSUS
POPULATION
ESTIMATE
INMATES LESS INMATES
4/1/90
CHANGE
4/1/94
4/1/94 4/1/94
15,351
1,745
17,096
0 17,096
THE POPULATION ESTIMATE PROPOSED FOR STATE REVENUE SHARING, 1995-1996 FISCAL
YEAR IS 17,096.
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YOUR PRELIMINARY POPULATION ESTIMATE FOR APRIL 1, 1994 IS * 17,096 *
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(SEE ENCLOSED SHEET FOR AN EXPLANATION OF TERMS.)
PLEASE MARK THE APPROPRIATE RESPONSE AND RETURN ONE COPY OF THIS FORM BEFORE
SEPTEMBER 15, 1994. RETAIN THE OTHER COPY FOR YOUR FILE.
A_ I HAVE REVIEWED THIS PRELIMINARY POPULATION ESTIMATE AND CONSIDER IT TO
BE REASONABLY CORRECT.
I HAVE REVIEWED THIS PRELIMINARY POPULATION ESTIMATE AND DO NOT CONSIDER
TO BE REASONABLY ACCURATE. I BELIEVE A MORE ACCURATE ESTIMATE WOULD BE
I REQUEST THAT YOU RECONSIDER YOUR PRELIMINARY ESTIMATE.
_ I HAVE REVIEWED THIS PRELIMINARY POPULATION ESTIMATE AND DO NOT CONSIDER I -
TO BE REASONABLY ACCURATE. I AM ENCLOSING DOCUMENTATION WHICH I BELIEVE
SUPPORTS AN APRIL 1, 1994 ESTIMATE OF I REQUEST THAT YOU
REVIEW THIS DOCUMENTATION AND RECONSIDER YOUR PRELIMINARY ESTIMATE.
8/31/94 City Manager
DATE TITLE .�S. GNATURE
George ,E. McMahon
IF FUTURE CORRESPONDENCE SHOULD BE SENT TO AN ADDRESS OR PERSON DIFFERENT
THAN THAT CURRENTLY LISTED, PLEASE ENTER THE NEW INFORMATION BELOW.
PRINT
IF YOU HAVE ANY QUESTIONS OR COMMENTS ABOUT THIS ESTIMATE YOU MUST REQUEST A
REVIEW BEFORE SEPTEMBER 15, 1994.
BUREAU OF ECONOMIC AND BUSINESS RESEARCH
POPULATION PROGRAM
221 MATHERLY HALL
UNIVERSITY OF FLORIDA
GAINESVILLE, FL. 32611
(904) 392-0171