2006-O-28ORDINANCE NO. 2006-0-28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA; ESTABLISHING MILLAGE
RATES FOR THE CITY OF EDGEWATER FOR THE FISCAL
YEAR BEGINNING OCTOBER I, 2006, AND ENDING
SEPTEMBER 30, 2007, STATING THE PERCENTAGE BY
WHICH THE MILLAGE RATE EXCEEDS THE ROLLED -
BACK RATE COMPUTED PURSUANT TO SECTION 200.065,
FLORIDA STATUTES;. PROVIDING FOR MILLAGE
ADJUSTMENT; PROVIDING FOR COLLECTION OF
TAXES; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The City of Edgewater, Florida, has received the report of the Volusia County
Property Appraiser dated July 1, 2006, stating the amount of assessed values which he has certified
to the Florida Department of Revenue for non-exempt real and tangible personal property within the
City for the year 2006 for operating purposes; and
The City of Edgewater, Florida, has also received the report of the Volusia County
Property Appraiser dated July 1, 2006, stating the amount of assessed values which he has certified
to the Florida Department of Revenue for non-exempt real and tangible personal property within the
City for the year 2006 for voted debt service purposes; and
In order to provide the revenue necessary for the operation of the City for its Fiscal
Year beginning October 1, 2006, and ending September 30, 2007, the City Council of the City of
Edgewater has determined the rate of ad valorem tax levy that must be assessed for the year 2006;
4, In order to provide the revenue necessary to finance a voter approved capital
improvement project for a new animal adoption/rescue facility and to pay debt service on limited ad
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2006-0-28
valorem revenue bonds in connection therewith for its Fiscal Year beginning October 1, 2006, and
ending September 30, 2007, the City Council of the City of Edgewater has determined the rate of
additional ad valorem tax levy that must be assessed for the year 2006 in connection with such voted
debt service; and
5. The provisions of Chapter 200 ofthe Florida Statutes prescribing the method offixing
millage have been complied with.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater,
Florida as follows:
SECTION 1. Authority. The City Council of the City of Edgewater has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters
166 and 200, Florida Statutes, and pursuant to City Ordinance No. 2004-0-26 and Proposition 4
thereof as approved by the electors of the City.
SECTION 2. Operating Millage Lew. The City Council of the City of Edgewater hereby
adopts, establishes and levies a millage rate for ad valorem taxation of real and business personal
property within the City of Edgewater, Florida, for the fiscal year beginning October 1, 2006 and
ending September 30, 2007, at the rate of $6c}S $5.70 per $1,000 of assessed valuation.
SECTION 3. Percentage Increase of Rolled -Back Rate. The millage rate, as herein levied,
exceeds the rolled -back rate computed pursuant to Section 200.065, Florida Statutes, by 24.955
15.81%, such percentage increase being characterized as the percentage increase in property taxes
adopted by the City Council of the City of Edgewater.
SECTION 4. Voter Approved Debt Millage. The City Council of the City of Edgewater
hereby adopts, establishes and levies an additional millage rate for ad valorem taxation of real and
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2006-O-28
business personal property within the City of Edgewater, Florida, for the fiscal year beginning
October 1, 2006 and ending September 30, 2007 at the rate of $0.0317 per $1,000 of assessed
valuation in order to fund a voter approved capital improvement project for a new animal
adoption/rescue facility and to pay debt service on limited ad valorem revenue bonds in connection
therewith.
SECTION 5. Percentage Increase of Rolled -Back Rate for Voter Approved Debt Millage.
This is a levy of the voter approved ad valorem tax in order to fund a voter approved capital
improvement project for a new animal adoption/rescue facility and to pay debt service on limited ad
valorem revenue bonds in connection therewith.
SECTION 6. Millage Adiustment. The City Council hereby authorizes the City Manager
to administratively provide the Property Appraiser with the millage adjustment, pursuant to his report
of the aggregate change in the assessment roll as provided for by Section 200.065(5), Florida
Statutes.
SECTION 7. Collection of Taxes. The tax shall be collected by the Volusia County Tax
Collector, subject to discounts prescribed by law, and distributed to the City in accordance with
Florida law.
SECTION S. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
SECTION 9. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
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SECTION 10. Adoption.
After Motion to approve by Councilwoman Lichter and Second by Councilwoman Rhodes,
the vote on the first reading of this ordinance held on September 11, 2006, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Debra Jean Rogers X
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
During the second reading/public hearing on September 25, 2006, a motion was made by
Councilwoman Rhodes and Second by Councilwoman Lichter, to approve the modification of the
millage set during first reading from $6.15 per $1,000 of assessed valuation to $5.70 per $1,000
assessed valuation and the percentage increase of the rolled -back rate from 24.95% to 15.81 %, the
vote on the second reading of this ordinance was as follows:
AVE NAY
Mayor Mike Thomas
X
Councilwoman Debra J. Rogers
X
Councilman Dennis Vincenzi
X
Councilwoman Harriet B. Rhodes
X
Councilwoman Judy Lichter
X
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2006-0-28 4
J
PASSED AND DULY ADOPTED this 25' day of September, 2006.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
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CITY COUNCIL OF THE
C OFEDGEWAT F DA
gy.
ike Tho as
Mayor
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;.Ci
Rohl a L. Ma .sick
Paralegal
Approved by the City Council of the City of
Edgewater at a special meeting held on this
25th day of September, 2006 under Agenda
Item No. 1.
2006-0-28