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91-R-46x RESOLUTION NO. 91-R-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTED AS THE FINAL ASSESSMENT RESOLUTION; RATIFYING AND CONFIRM- ING THE CREATION OF THE FLORIDA SHORES IMPROVEMENT AREA SPECIAL ASSESSMENT DISTRICT; CONFIRMING THE INITIAL ASSESSMENT RESOLUTION; ORDERING THE ACQUISITION AND CONSTRUCTION OF A PROJECT CONSISTING OF CONSTRUCTION OF A WASTEWATER COLLECTION SYSTEM INCLUDING ANY NECESSARY ROAD RESTORATION AND RESURFACING, A PORTION OF AN ADVANCED WASTEWATER TREATMENT PLANT, ALL WITHIN THAT PORTION OF THE CITY OF EDGEWATER, FLORIDA, INCLUDED WITHIN THE BOUNDARIES OF THE FLORIDA SHORES IMPROVEMENT AREA; DETERMINING THE COSTS OF THE PROJECT AND THE 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 ASSESSMENT OF THE COSTS OF THE PROJECT AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY BENEFITED; APPROVING THE PLANS, SPECIFICATIONS AND ESTIMATES OF COST FOR SUCH PROJECT AND THE FINAL ASSESSMENT ROLL BASED UPON THE ASSESS- MENTS; DETERMINING AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTING 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. 91-0-1 (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 wastewater reuse distribution facilities (the "Project") in a portion of the City of Edgewater, Florida (the "City"); and WHEREAS, the council on March 11, 1991, enacted Resolu- tion 91-R-9, the Initial Resolution, which Resolution established the initial assessment requirements and procedures to be followed in the District and initiated such procedures; and 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 inhabitants 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; and WHEREAS, the Council is required by the Ordinance and the Initial Resolution to approve the plans, specifications, and Project Cost; the Initial Assessment Resolution as it may be amended; the Assessment Roll for the Project, including the method of assessment and any amendments; the interest rate or method of determining same which the assessments shall bear; and the levy of the Special Assessments; and WHEREAS, the City has held three public meetings to inform the public about the proposed project and assessment program and to provide the owners of the property to be assessed, and other interested persons (1) an opportunity to be heard as to the propriety and advisability of making such improvements, as to the -2- cost thereof, as to the manner of payment therefor and as to the amount thereof to be assessed against each property so improved, and (2) an opportunity to object to the proposed use of the ad valorem tax collection method for collection of such special assessments; and WHEREAS, the City Clerk has given notice by first class mail and by publication of the time and place of the public hearing to owners of the property to be assessed, and other interested persons, all in accordance with the Ordinance and Initial Resolu- tion of the City and other applicable provisions of law; and WHEREAS, on August 6, 1991, pursuant to its Resolution No. 91-R-9, the City held a public hearing for the purposes aforesaid and gave opportunity for all persons to be heard; and WHEREAS, the City Council of the City met as an equaliz- ing board to hear and consider any and all complaints as to the Special Assessments and did adjust and equalize the assessments on a basis of equity, justice and right; and WHEREAS, the Ordinance and Initial Resolution require that following the public hearing, the City approve and confirm by final resolution the Special Assessments as adjusted and equalized and authorize the use of the ad valorem collection method. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AS FOLLOWS: -3- SECTION 1. AUTHORITY. This Final Assessment Resolution is adopted pursuant to the provision 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 Final Assessment Resolution as defined in the Ordinance. All capitalized words and terms in this Final Assessment Resolution shall have the meaning 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 ancillary improvements to be located within the District and the portion of the capacity of the wastewater treatment facility to be paid for pursuant hereto to be allocated specifically to the District. SECTION 4. DESCRIPTION OF PROPERTY SPECIALLY 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 final estimate of the Cost of the Project to be funded by Special Assessments is estimated to be $19,203,214. The Cost of the Project shall be assessed against the benefited property, as provided in the -4- Ordinance, under the method of apportionment established in Appendix B (the "Apportionment Method"), attached hereto. The City may advance funds in financing the Project to the extent and in the manner described in Appendix B. SECTION 5. ADJUST AND EQUALIZE SPECIAL ASSESSMENTS; CONFIRMATION AND APPROVAL, LIENS IMPOSED. At the public hearing the City Council of the City met as an equalizing board and in such capacity the City Council of the City does hereby adjust and equalize the Special Assessments set forth on the Special Assess- ment Roll on file with the City Clerk on a basis of equity, justice and right pursuant to the Ordinance. The adjustments and equaliza- tions authorized in the minutes of the public hearing, and authorized in the minutes of the meeting on the date hereof, made or to be made in the Special Assessments set forth on the Special Assessment Roll on file with the City Clerk, are hereby approved and confirmed. The Assessments approved and confirmed herein shall remain legal, valid, and binding first liens, upon the property against which such Assessments are made, until paid. upon comple- tion of the Project, the City shall credit to each of the Assess- ments the difference in the Assessment as originally made, approved and confirmed herein and the proportionate part of the actual cost of the Project to be paid by Special Assessments as finally determined upon the completion of the Project, but in no event -5- shall the Final Assessments exceed the amount of benefits original- ly assessed. SECTION 6. PLANS AND SPECIFICATIONS, PROJECT COSTS AND THE ASSESSMENT ROLL. The plans and specifications and the final estimate of the Cost of the Project, prepared by the City's Consulting Engineers, are hereby approved. The Final Assessment Roll, prepared by the City's Consulting Engineers, and as adjusted and equalized herein, in the manner provided in the Ordinance, are hereby approved. The final Costs of the Project shall be appor- tioned among the parcels of real property within the District as reflected on the Tax Roll in conformity with the Apportionment Method established in Appendix B. Such plans, specifications, Project Costs, and the Assessment Roll shall be filed with the Clerk and Assessment Coordinator, and available for public inspec- tion, as provided by the Ordinance. SECTION 7. DESCRIPTION OF SPECIAL ASSESSMENTS. The Cost of the Project shall be assessed against all parcels of real property within the District in accordance with the benefits received by such property as provided in Section 4 of this Resolu- tion and designated on the Assessment Roll. All Special Assess- ments will be collected and shall be payable as provided by the terms of the Ordinance, the Initial Resolution, and this Final Resolution. SECTION S. SPECIAL ASSESSMENT BOOR. The City Clerk is hereby directed to record such Assessments in a special book, to be known as the "Special Assessment Book," and the record of the lien in this book shall constitute prima facie evidence of its validity. The City Council may by Resolution grant a discount equal to all or part of the payee's proportionate share of the cost of the Project consisting of bond financing costs, such as capital- ized interest, funded reserves, and bond discount included in the estimated cost of the project, upon payment in full of any Assess- ment during such period prior to the time such financing costs are incurred as may be specified by the City Council. SECTION 9. AUTHORIZING AD VALOREM TAX COLLECTION METHOD. Pursuant to the Ordinance, the City hereby authorizes use of the ad valorem tax collection method for collection of the special assessments. SECTION 10. NOTICE BY PUBLICATION. The Clerk has published notice in the manner and the times provided in the ordinance in substantially the form attached hereto as Appendix C. SECTION 11. NOTICE BY MAIL. The Clerk has mailed a copy of such notice to each property owner to be assessed at the address indicated on the Tax Rolls in the manner specified in the ordinance and initial resolution. -7- SECTION 12. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provisions of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements, or provisions and shall in no way affect the validity of any of the other provisions hereof or of the bonds to be hereafter issued. SECTION 13. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. This Resolution was introduced and sponsored by Councilman Jones and was read and passed by a vote of the City of Council of the City of Edgewater, Florida at a Special meeting held on the 6 day of August 1991, and authenticated as provided by law. Roll Call Vote on Resolution No. 91-R-46 as follows: �,, TAN B. �ESSLER, MAYOR IRK E. JOt , COUNCILMAN -8- LOUISE A. MARTIN, COUNCILPERS N NORA J E GILLESPIE, COU CILPERSON MICHAEL D. HAYS, COUNCILMAN z ern' 4 �pp{ub4ed f`7fis L day of , 199L. Approved as to legal form. For use and reliance of City of Edgewater only. o0j0d� Cit torney W-1104NC/22961/91001/RSS91R46.NC Q= e � y 06 Clelft GQ�/ RESOLUTION NO. 91-R-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTED AS THE FINAL ASSESSMENT RESOLUTION; RATIFYING AND CONFIRMING THE CREATION OF THE FLORIDA SHORES IMPROVEMENT AREA SPECIAL ASSESSMENT DISTRICT; CONFIRMING THE INITIAL ASSESSMENT RESOLUTION; ORDERING THE ACQUISITION AND CONSTRUCTION OF A PROJECT CONSISTING OF CONSTRUCTION OF A WASTEWATER COLLECTION SYSTEM INCLUDING ANY NECESSARY ROAD RESTORATION AND RESURFACING, A / PORTION OF AN AN WASTEWATER TREATMENT. PLANT, AND ALL WITHIN THAT PORTION OF THE CITY OF EDGEWATER, FLORIDA, INCLUDED WITHIN THE BOUNDARIES OF THE FLORIDA SHORES IMPROVEMENT AREA; DETERMINING THE COSTS OF THE PROJECT AND THE 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 ASSESSMENT OF THE COSTS OF THE PROJECT AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY BENEFITED; APPROVING THE PLANS, SPECIFICATIONS AND ESTIMATES OF COST FOR SUCH PROJECT AND THE FINAL ASSESSMENT ROLL BASED UPON THE ASSESSMENTS; DETERMINING AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTING 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. 91-0-1 (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"); and WHEREAS, the Council on March 11, 1991, enacted Resolution 91-R-9, the Initial Resolution, which Resolution established the initial assessment requirements and procedures to be followed in the District and initiated such procedures; and 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; and WHEREAS, the Council is required by the Ordinance and the Initial Resolution to approve the plans, specifications, and Project Cost; the Initial Assessment Resolution as it may be amended; the Assessment Roll for the Project, including the method of assessment and any amendments; the interest rate or method of determining same which the assessments shall bear; and the levy of the Special Assessments; and WHEREAS, the City has held three public meetings to inform the public about the proposed project and assessment program and to provide the owners of the property to be assessed, and other interested persons (1) an opportunity to be heard as to the propriety and advisability of making such improvements, as to the cost thereof, as to the manner of payment therefor and as to the amount thereof to be assessed against each property so improved, 01 and (2) an opportunity to object to the proposed use of the ad valorem tax collection method for collection of such special assessments; and WHEREAS, the City Clerk has given notice by first class mail and by publication of the time and place of the public hearing to owners of the property to be assessed, and other interested persons, all in accordance with the Ordinance and Initial Resolution of the City and other applicable provisions of law; and WHEREAS, on August 6, 1991, pursuant to its Resolution No. 91- R-9, the City held a public hearing for the purposes aforesaid and gave opportunity for all persons to be heard; and WHEREAS, the City Council of the City met as an equalizing board to hear and consider any and all complaints as to the Special Assessments and did adjust and equalize the assessments on a basis of equity, justice and right; and WHEREAS, the Ordinance and Initial Resolution require that following the public hearing, the City approve and confirm by final resolution the Special Assessments as adjusted and equalized and authorize the use of the ad valorem collection method. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. This Final Assessment Resolution is adopted pursuant to the provision of the Ordinance, Chapters 166 and 197, Florida Statutes (1990), Section 7 and 43 of the City Charter, and other applicable provisions of law. 3 SECTION 2. PURPOSE AND DEFINITIONS. This Resolution is the Final Assessment Resolution as defined in the Ordinance. All capitalized words and terms in this Final Assessment Resolution shall have the meaning defined in the Ordinance. SECTION 3. AUTHORISATION 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 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 SPECIALLY 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 final estimate of the Cost of the Project to be funded by Special Assessments is estimated to be $ jq� 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 "Apportionment Method"). attached hereto. The City may advance funds in financing the Project to the extent and in the manner described in Appendix B. 4 SECTION 5. ADJUST AND EQUALISE SPECIAL ASSESSMENTS; CONFIRMATION AND APPROVAL, LIENS IMPOSED. At the public hearing the City Council of the City met as an equalizing board and in such capacity the City Council of the City does hereby adjust and equalize the Special Assessments set forth on the Special Assessment Roll on file with the City Clerk on a basis of equity, justice and right pursuant to the Ordinance. The adjustments and equalizations authorized in the minutes of the public hearing, and authorized in the minutes of the meeting on the date hereof, made or to be made in the Special Assessments set forth on the Special Assessment Roll on file with the City Clerk, are hereby approved and confirmed. The Assessments approved and confirmed herein shall remain legal, valid, and binding first liens, upon the property against which such Assessments are made, until paid. Upon completion of the Project, the City shall credit to each of the Assessments the difference in the Assessment as originally made, approved and confirmed herein and the proportionate part of the actual cost of the Project to be paid by Special Assessments as finally determined upon the completion of the Project, but in no event shall the Final Assessments exceed the amount of benefits originally assessed. SECTION 6. PLANS AND SPECIFICATIONS, PROJECT COSTS AND THE ASSESSMENT ROLL. The plans and specifications and the final estimate of the Cost of the Project, prepared by the City's Consulting Engineers, are hereby approved. The Final Assessment 5 Roll, prepared by the City's Consulting Engineers, and as adjusted and equalized herein, in the manner provided in the Ordinance, are hereby approved. The final Costs of the Project shall be apportioned among the parcels of real property within the District as reflected on the Tax Roll in conformity with the Apportionment Method established in Appendix B. Such plans, specifications, Project Costs, and the Assessment Roll shall be filed with the Clerk and Assessment Coordinator, and available for public inspection, as provided by the Ordinance. SECTION 7. DESCRIPTION OF SPECIAL ASSESSMENT'S. 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, the Initial Resolution, and this Final Resolution. SECTION 8. SPECIAL ASSESSMENT BOOR. The City Clerk is hereby directed to record such Assessments in a special book, to be known as the "Special Assessment Book", and the record of the lien in this book shall constitute prima facie evidence of its validity. The City Council may by Resolution grant a discount equal to all or part of the payee's proportionate share of the cost of the Project consisting of bond financing costs, such as capitalized interest, funded reserves, and bond discount included in the estimated cost of the project, upon payment in full of any U Assessment during such period prior to the time such financing costs are incurred as may be specified by the City Council. SECTION 9. AUTHORISING AD VALOREM TAX COLLECTION METHOD. Pursuant to the Ordinance, the City hereby authorizes use of the ad valorem tax collection method for collection of the special assessments. SECTION 10. NOTICE BY PUBLICATION. The Clerk has published notice in the manner and the times provided in the Ordinance in substantially the form attached hereto as Appendix C. SECTION 11. NOTICE BY MAIL. The Clerk has mailed a copy of such notice to each property owner to be assessed at the address indicated on the Tax Rolls in the manner specified in the ordinance and initial resolution. SECTION 12. SEVBRABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provisions of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements, or provisions and shall in no way affect the validity of any of the other provisions hereof or of the bonds to be hereafter issued. 7 SECTION 13. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. This Resolution was introduced and sponsored by Councilman Jones 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 6 day of August , 1991, and authenticated as provided by law. Roll Call Vote on Resolution No. 91-R-46 as follows: LOOUUIIJSE A. MARTIN, COUNCILPERSON NORA ME GILLESPI ,COUICILPERSON CHAEL D. HAYS, COUNCI Q / Approved as to legal form and sufficiency. For use and reliance of City of Edgewater only. it�or&: a4�