91-R-9RESOLUTION NO. 91-R-9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, ORDERING THE ACQUISI-
TION AND CONSTRUCTION OF A PROJECT CONSISTING
OF A CONSTRUCTION OF A WASTEWATER COLLECTION
SYSTEM INCLUDING ANY NECESSARY ROAD RESTORA-
TION AND RESURFACING, A PORTION OF AN ADVANCED
WASTEWATER TREATMENT PLANT, AND WASTEWATER
REUSE DISTRIBUTION FACILITIES, ALL WITHIN THAT
PORTION OF THE CITY OF EDGEWATER, FLORIDA,
INCLUDED WITHIN THE BOUNDARIES OF THE FLORIDA
SHORES IMPROVEMENT AREA; DETERMINING THE
ESTIMATED COSTS OF THE PROJECT AND THE ESTI-
MATED 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 METHOD OF
ASSESSMENT OF THE COSTS OF THE PROJECT AGAINST
THE REAL PROPERTY THAT WILL BE SPECIALLY
BENEFITED; DIRECTING THE CITY ENGINEER TO PRE-
PARE OR CAUSE TO BE PREPARED PLANS, SPECIFICA-
TIONS AND ESTIMATED OF COST FOR SUCH PROJECT
AND A TENTATIVE ASSESSMENT ROLL BASED UPON
SUCH METHOD OF ASSESSMENT; DETERMINING AND
PROVIDING FOR THE MANNER AND METHOD OF COMPUT-
ING SUCH SPECIAL ASSESSMENTS TO FINANCE SUCH
PROJECT; AND PROVIDING AN EFFECTIVE DATE.
, 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");
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 int he 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;
WHEREAS, the Council is required by the Ordinance to approve
the plans, specifications, estimated Cost and assessment Roll for
the Project and to levy and impose Special Assessments;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. This Resolution is adopted pursuant
to the provision of Ordinance, Chapters 166 and 197, Florida
Statutes (1990), Section 7 and 93 of the City Charter, and other
applicable provisions of law.
SECTION 2. PURPOSE AND DEFINITIONS. This Resolution is
the Initial Assessment Resolution as defined in the Ordinance. All
capitalized words and terms in this Initial 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
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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 SPECIFICALLY BENEFITED.
The Council hereby finds and determines that 11 parcels of real
property within the District shall be specially benefited by the
acquisition and construction of the Project. The Cost of the
Project to be funded by Special Assessments is estimated to be
$20,247,484. 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 :Apportion-
ment Method"). The City may advance funds in financing the Project
to the extent and in the manner described in Appendix B.
SECTION 5. PLANS AND SPECIFICATIONS, ESTIMATED COSTS AND
THE ASSESSMENT ROLL. The City Engineer is hereby direct to
prepare, or cause to be prepared, in triplicate, plans and specifi-
cations and a final estimate of the Cost of the Project, and to
prepare, or cause to be prepared, in triplicate, the Assessment
Roll in the manner provided in the Ordinance. The City Engineer
shall apportion his final estimated Costs of the Project among the
parcel of real property within the District as reflected on the
Tax Roll in conformity with the Apportionment Method established
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in Appendix B. Such plans, specifications, estimates of Cost and
the Assessment Roll shall be filed by the City Engineer with the
Clerk and Assessment Coordinator as provided by the Ordinance.
SECTION 6. DESCRIPTION OF SPECIAL ASSESSMENTS. 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, this Initial Resolution and the Final Resolution.
SECTION 7. NOTICE BY PUBLICATION. The Clerk, upon the
filing with her of the plans and specifications and the Assessment
Roll, shall publish a notice in the manner and the times provided
in Section 4.05 of the Ordinance in substantially the form attached
hereto as Appendix C establishing the public hearing to hear objec-
tions of all interested persons to the Project, the plans, specifi-
cations, estimated Cost of the Project and the Assessment Roll.
Such notice shall state (1) in brief and general terms a descrip-
tion of the project and its general location; (ii) the manner in
which a person may object; (iii) and that the plans, specifica-
tions, estimated Cost of the Project and the Assessment Roll are
on file with the Clerk and the Assessment Coordinator for inspec-
tion by all interested persons.
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SECTION S. NOTICE BY MAIL. The Clerk shall, at the time
and in the manner specified in Section 4.06 of the Ordinance, mail
a copy of such notice to each property owner proposed to be
assessed at the address indicated on the Tax Rolls.
SECTION 9. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
This Resolution was introduced and sponsored by Counciloerson
Martin 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 11 day
of March , 1991. and authenticated as provided by law.
Roll Call Vote on Resolution No. 91-R-9 as follows:
Tanya B. Wessler, Mayor
NoraSane Gillespie, Councilwoman
Michael D. Hays, Councilman
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ATTEST
CITY CLERK
FIRE E. JONES, COUNCILMAN
LOUISE A. MARTIN,
Approved as to legal form and sufficiency. For use and
reliance of City of Edgewater only.
City Attorney
WP-1704NC/22967/91001-2
Project Narrative
Project Description
APPENDIX A
PROJECT DESCRIPTION
A-1
RESOLUTION 91-R-9 - APPENDIX B
7/1/91 REVISION RP
METHOD
APPENDIX B
SECTION B-1. INTRODUCTION. The Cost of the Project shall be
apportioned among all parcels of real property within the District
in conformity with the Apportionment Method established in this
Appendix B. Upon the completion of the plans and specifications
for the construction of the Project, the City Engineer shall
prepare the Assessment Roll by computing the Initial Special
Assessments (as defined in Section B-3 hereof) in accordance with
Section B-5.
SECTION B-2. FINDINGS. It is hereby ascertained, determined
and declared that:
A. The purpose of the Project is to provide wastewater
collection facilities including any necessary road restoration and
resurfacing, a portion of an advanced treatment plant and reuse
distribution facilities within the District to improve the general
health, safety and welfare of all residents int he District and to
improve the utility and enjoyment of all parcel of property within
the District.
B. The majority of the existing parcel within the District
consist of discrete multiples of standard size platted lots and
will derive a benefit from the provision of wastewater service
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based on the number of uniformly platted lots which constitute each
individual parcel. It is further recognized that a minimum of two
(2) uniformly platted lots is required to constitute a single
parcel.
C. Wastewater collection facility project costs shall be
apportioned among Benefited Parcels based upon the number of
platteduniformly lets Equivalent Lots which constitute the
Benefited Parcel.
D. Wastewater treatment and effluent disposal project costs
(i.e. reuse distribution) shall be apportioned among Benefited
Parcels based upon the number of Equivalent Parcels as defined
Section B-3, which constitute the Benefited Parcel.in the
Platted Late Pa*eele—
SECTION B-3 DEFINITIONS. For purposes of applying the
Apportionment Method established in this Appendix B, the following
words and terms shall have the following meanings, unless some
other meaning is plainly intended.
"Annual Payment' shall mean
ef the Flnal Assessment the equal Yearly payment of the final
assessment amount amortized over a 20 year period at an interest
rate of 5.5% and adiusted for the discounts for early tax payment
pursuant to Chapter 197.162, F.S. The words Annual Payment,
Assessment, B-2
Special Assessment and Final Assessment are sometimes used
interchangeably.
"Aeeeeement Period" shall mean the period commencing on the
date the Final Assessment Resolution is adopted and ending on the
date the final scheduled Annual Payment is due.
"Benefited Parcel" shall mean all Parcel within the District,
as designated on the Assessment Roll, that will receive wastewater
collection, treatment, and reuse distribution service as a result
of the Project.
"Equivalent Lot" shall mean a standard platted lot having road
frontage of 40 feet.
"Equivalent Parcel" shall mean a parcel of property, either
recently in existence or which could be created in the future by
an Irregular Parcel Subdivision, encompassing 2 te3 or more
adjoining platted Equivalent Lots. _____ __regular Pare__ ______ be
deemed to eenstitute one
�� Equivalent
"Initial Special Aseeeament" shall mean the Special Assessment
imposed on all Benefited Parcels, as designated on the Assessment
Roll approved by the Final Assessment Resolution under the
provisions of the Ordinance.
"Irregular Parcel" shall mean a parcel of real property
within the District, now in existence or hereafter created,
containing four or more adjoining platted Equivalent Lots.
"Irregular Parcel Subdivision" shall mean the subdivision or
resubdivision of an Irregular Parcel, whether by platting, or by
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the transfer, sale or other conveyance by a metes and bounds or
other legal description, that occurs subsequent to adoption of the
Assessment Roll so as to create more than one or more additional
parcels of real property, whether Regular Parcels or Irregular
Parcels.
"Reapportioned Special Assessment" shall mean the Special
Assessment apportioned to a Subdivided Parcel as set forth herein.
"Regular Parcel" shall mean 2 to 3 adjoining platted
Ecuivalent lots within the District, now in existence or hereafter
created or anunplatted parcel of real property within the District
with an area equal to or 2 to 3 adjoining Equivalent platted lots
now in existence or hereafter created.
"Special Assessment" shall mean the Initial Special Assessment
or any Reapportioned Special Assessment imposed on a parcel of real
property within the District to pay a portion of the Cost of the
Project.
"Subdivided Parcels" shall mean the parcels of real property,
whether Regular Parcels or Irregular Parcels, resulting from an
Irregular Parcel Subdivision.
SECTION B-4. CITY PARTICIPATION. The City may advance funds
from its other legally available revenues to pay a portion of the
Costs of the Project. Any Reimbursement to the City of Funds
Advanced, Shall not constitute a profit to The City over and above
actual costs as defined in The Ordinance. Therefore, The City
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shall not collect Annual Payments in excess of the amount necessary
to (i) retire the Bonds secured by the Special Assessments and (ii)
repay all amounts advanced by the City with interest thereon at a
rate equal to the true interest cost of the Bonds secured by the
Special Assessments. Any surplus shall be refunded proportionately
unless the cost of the refund exceeds the amount of the surplus in
which case the amounts shall be applied to other improvements
within the District which will enhance the value of Benefited
Parcels in the same manner as the Project.
SECTION B-5. COMPUTATION OF INITIAL SPECIAL
ASSESSMENTS. The Initial Special Assessment for each Equivalent
Parcel shall be determined by: a) dividing the Wastewater
Collection system proiect cost by the number of total Equivalent
Lots in the District and then multiplying by the number of
Equivalent Lots comprising an Equivalent Parcel, and; b) dividing
the Wastewater Treatment and effluent disposal facilities Proiect
cost by the total number of Equivalent Parcels in the District.
Payment ever a perled ef t9fenty (20) years at an interest rate 89
Upon the sesnenee
ef Bends assured by the Speelal Assessment-s-rc
omlletion of the
Protect, the amount of each Initial Special Assessment shall may
be reduced, without further notice to the owners of the Benefited
Parcels, to an amount determined by __-.r-____g the r-___-_pal _.._-__-
Bends will he eutstanding at an Interest rate equal to the true
interest east of sash Bsnds�verformina the computations described
in paragraphs (al and (b) above with the actual protect costs
incurred.
SECTION B-6. ANNUAL PAYMENTS. Any Special Assessments that
are not prepaid five business days prior to the date on which the
City enters into a contract providing for the sale of Bonds secured
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by the Special Assessment shall bear interest at a rate equal to
the true interest cost of such Bonds and shall be payable in twenty
t249+ equal Annual Payments. The Annual Payments shall apply first
to interest accrued in respect of the Special Assessment and
thereafter to the unpaid balance of the Special Assessment. Upon
the completion of the Project, the Annual Payments may be .reduced
to an amount determined by computing the amortized amount of the
final assessment determined in accordance with Section B-5.
if at any tl�e up te the final adeptlen ef the Assessment rell
at the Squalizatlen Hearing, it 4:9 demenstrateel to the Sablefaetien
of the 01ty Atterney that an irregular Pareel eannet lawfully be
subdivided .. r 1 J In a mamew h h _ice r a f
Regular equalq ...
eselnw B e. Fame mmee er a whm EpamuLvr—PAmEL
Assessment Re!! at the BEjualleatlerk !!eaving, the awmet- ef an
and
the full -are--- Asses (sub,,eet te eredit for .....ual Payments
Pares! is sulqdlvi�ded prier te the end ef the Assessment Period, the
-peel-- Assessment -hall be reduce- to an .......ent refl....ing
Equivalent Pave-' one
SECTION B-4,B-77 IRREGULAR PARCEL SUBDIVISION. Upon the
occurrence of an Irregular Parcel Subdivision fee an r-=_guff_
any new
Equivalent Parcels resulting from said Subdivision shall be
required to pay the prevailing wastewater system impact fee to
secure treatment and effluent disposal system capacity. The
wastewater collection special assessment will continue to be
apportioned to the subdivided parcels based on the number of the
platted Ecuivalent lots constituting each parcel.
SECTION B—}&r B=8. FINAL RECONCILIATION OF IRREGULAR PARCEL
SPECIAL ASSESSMENTS. Notwithstanding anything contained herein
to the contrary, upon payment of all required Annual Payments, the
remaining balance, if any of Special Assessments imposed against
any Irregular Parcel shall be satisfied.
SECTION B-+ITB-9. APPLICATION OF APPORTIONMENT NBTHOD.
The application of the Apportionment Method established by this
Appendix B is illustrated by the following example. The hypothe-
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tical improvement area and assessment rolls have been simplified
for purposes of illustrating the Apportionment Method. For
purposes of this example only, it is assumed that interest charged
for deferred payment of the Special Assessments is at the rate of
5.5 percent per annum. The basic data for the hypothetical
improvement area is as follows:
Annual Payment - Wastewater Collection
$93-r79 9971 Per Platted
Equivalent Lot
Annual Payment - Wastewater Treatment and Effluent Disposal
50.24 47.11 Per Equivalent
Parcel
Number of Annual Payment 20
Interest Rate 5.5%
The foregoing data results in the following initial Assessment
Roll:
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APPENDIX C
NOTICE TO PROPERTY OWNERS OF INTENT TO LEVY CERTAIN
SPECIAL ASSESSMENTS AND CONFIRM RESOLUTION NO. OF
THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA,
ORDERING THE ACQUISITION AND CONSTRUCTION OF ASSESSABLE
WASTEWATER COLLECTION AND TREATMENT FACILITIES, WASTE-
WATER REUSE DISTRIBUTION FACILITIES AND ANCILLARY HORD
RESTORATION, RESURFACING AND DRAINAGE IMPROVEMENTS IN THE
FLORIDA SHORE IMPROVEMENT AREA SPECIAL ASSESSMENT
DISTRICT
TO ALL PROPERTY OWNERS WITH THE FLORIDA SHORES IMPROVEMENT AREA
SPECIAL ASSESSMENT DISTRICT:
Pursuant to Ordinance No. , enacted on
(the "Ordinance"), by the City Council of the City of Edgewater,
Florida (the "Council"), the Council created the Florida Shores
Improvement Area Special Assessment District (the "District").
You are hereby notified that the Council will hear objections
of all interested persons to the approval of the plans and
specifications, the estimated Costs and an Assessment Roll for the
imposition of special assessments against all parcels of real
property within the boundaries of the District for the construction
of wastewater collection, treatment and reuse distribution
improvements and to Resolution No. _ of the Council, adopted on
(the "Initial Assessment Resolution"). A public hearing
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to hear such objections will be held at _ _.m., in the City
Council Meeting Room at City Hall, 104 North Riverside Drive,
Edgewater, Florida.
The Initial Assessment Resolution authorized and ordered
construction of a wastewater collection system, a portion of an
advanced wastewater treatment plant, reuse distribution facilities,
restoration, resurfacing or other improvements, including ancillary
drainage improvements to the property within the District (the
"Project"), a portion of the cost of which is to be repaid from
special assessments upon benefited property within the District as
set forth in the Ordinance. j Plans and specifications, estimated
costs and the Assessment Roll for the proposed Project are on file
with the City's Assessment Coordinator and the City Clerk. The
Assessment roll provides the tentative apportionment of costs of
the Project to the benefited properties within the District.
Special assessments shall be levied and imposed on all benefited
properties within the district in an amount equal to the apportion-
ment of the estimated Cost of the Project to each benefited
property based on the method of apportionment established in the
Initial Assessment Resolution. Amounts to be assessed against a
lot or parcel of property may be ascertained at the office of the
City Clerk by an examination of the filed Assessment Roll. j Each
special assessment shall constitute a lien upon the property so
assessed from the date the hereinafter described Final Assessment
Resolution
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is adopted to the same extent and nature as the lien for general
City Taxes. Therefore, all interested property owners are
encouraged to review the plans, specifications, estimated costs and
the Assessment Roll.
Subsequent to conducting the public hearing described above,
the Council shall consider adoption of a resolution (the "Final
Assessment Resolution"), which shall provided, among other things,
for (1) approval of the plans and specifications, estimated costs
of the project and the Assessment Roll for the Project, with such
changes as are deemed just and right by the Council, (2)
confirmation of the INitial Assessment Resolution, with such
amendments as may be desired by the Council, (3) establishment of
special assessment, and (4) establishment for various terms of such
special assessments, including the times during which prepayments
may be made and the amount of premium and interest payable thereon.
The Final Assessment Resolution will confirm the Assessment Roll
and will provide for the terms on which payment of special
assessments may be made and will provide the rate of interest the
special assessments, which are not prepaid, shall bear. Delinquent
special assessments shall be collected as provided in the
Ordinance.
All objections to the adoption by the Council of the Final
RRsolution shall be made in writing and filed with the City Clerk
before the time or adjourned time of such hearing.
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At the time set forth above, or to which an adjournment may
be taken by the Council, the Council will receive any objections
of interested persons and may then or thereafter consider adoption
of the Final Resolution.
The adoption of the Final Resolution shall be the final
adjudication of the issues presented (including, but not limited
to, the method of apportionment of the special assessment, the
validity of the Assessment Roll, the plans and specifications, the
estimated costs of the Project, the levy and lien of the special
assessments, the interest rate the special assessments shall bear
and the terms of prepayment of the special assessments) unless
proper steps shall be initiated in a court of competent
jurisdiction to secure relief within 20 days from the date of
Council action on its Final Resolution. You are advised that any
person wishing to appeal any decision of the Council with respect
to any matter considered will need a record and may wish to ensure
that a verbatim record is made.
If you have any questions, please contact
at City Hall, (904) 428-3245.
CITY COUNCIL
CITY OF EDGEWATER
(TO BE PUBLISHED AND NAILED NOT LESS THAN 20 CALENDAR DAYS
(INCLUDING SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS)
PRIOR TO THE DATE OF THE HEARING]
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