2015-R-37 RESOLUTION#2015-R-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA; AUTHORIZING THE
ISSUANCE, SUBJECT TO THE DEBT REFERENDUM
HEREIN PROVIDED FOR, OF GENERAL OBLIGATION
BOND, NOTE OR OTHER INDEBTEDNESS TO MATURE
IN TWENTY (20) YEARS OR LESS IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $3,500,000 FOR
THE PURPOSE OF PROVIDING FUNDS TO FINANCE
THE CONSTRUCTION, EXPANSION, RENOVATION
INCLUDING BUT NOT LIMITED TO ENGINEERING,
PERMITTING AND IMPROVEMENT OF CITY
RECREATIONAL AREAS, FACILITIES AND PARKS
INCLUDING BUT NOT LIMITED TO WALKING TRAILS,
PLAYGROUNDS, SPLASH PARKS, SKATE PARKS, AND
RELATED AMENITIES SUCH AS RESTROOMS AND
PAVED PARKING AREAS, PAYABLE FROM AD
VALOREM TAXES LEVIED ON ALL TAXABLE
PROPERTY WITHIN THE CITY OF EDGEWATER
WITHOUT LIMITATION AS TO RATE AND AMOUNT;
PROVIDING FOR AND CALLING A DEBT REFERENDUM
OF THE QUALIFIED ELECTORS OF THE CITY OF
EDGEWATER TO BE HELD ON MARCH 15, 2016;
PROVIDING FOR OFFICIAL BALLOTS; PROVIDING
FOR DEBT REFERENDUM PROCEDURES; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH; AND
ESTABLISHING AN EFFECTIVE DATE.
IT 1S HEREBY RESOLVED BY THE CITY OF EDGEWATER, FLORIDA, AS
FOLLOWS:
Section 1. AUTHORITY. This Resolution is adopted pursuant to the authority of
Chapter 166, Florida Statutes and Chapter 100, Florida Statutes and any other applicable
provision of law.
Section 2. FINDINGS. It is hereby found and determined as follows:
A. There is a need for improvements to be made to the recreational areas, facilities
and parks (the "City Parks") within the City of Edgewater, Florida (the "City") in order to
provide additional recreational activities for the benefit and enjoyment of the citizens of the City;
B. The necessary improvements include the construction, expansion, renovation
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including but not limited to engineering and permitting of the City Parks including, but not
limited to, walking trails, playgrounds, splash parks, skate parks, and related amenities such as
restrooms and paved parking areas (the"Project");
C. The Project is required for the health, safety and well-being of the citizens of the
City and constitutes an essential public purpose;
D. It.is in the best interest of the City to issue general obligation indebtedness to
finance the costs of the Project;
E. Issuance by the City of its general obligation indebtedness, in an amount not to
exceed Three Million Five Hundred Thousand Dollars ($3,500,000), secured by and payable
from the proceeds of ad valorem taxes levied on all taxable property within the City is an
appropriate method for financing the cost of the Project; : . -
F. Chapter 166, Florida Statutes and Article VII, Section 12 of,the Florida
Constitution (the "Act"), authorize the City to issue general obligation indebtedness upon
approval by a majority of the qualified electors residing in the City and'. voting in a bond
referendum conducted pursuant to law;
G. March 15, 2016 or such other date thereafter as may be authorized by law, is an
appropriate and desirable date for the conduct of the debt referendum election; and
H. All things required to be done prior to the calling of a debt.referendum with the
City on the issuance of the proposed bonds have been done and it is.now desirableto call the
necessary debt referendum.
Section 3. AUTHORIZATION OF BONDS. Subject and pursuant to the
provisions hereof, the general obligation bond, note or other indebtedness of the City (the
"Bonds") are authorized to be issued in the aggregate principal amount not exceeding Three
Million Five Hundred Thousand Dollars ($3,500,000) to finance or refinance the cost of the
Project and to pay the cost of issuing the Bonds, if the Bonds are approved by the bond
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referendum authorized herein. The monies received and interest earned from the issuance of the
Bonds will be used for such purpose. The Bonds shall be general obligations of the City and
shall be secured by the unlimited ad valorem taxing power of the City. The Bonds shall mature
not more than twenty (20) years from the date of issuance, and the Bonds shall bear interest at a
rate not exceeding the maximum rate permitted by law at the time of the sale of the Bonds. Such
Bonds may be issued in one or more series. Both principal and interest on the Bonds, and
redemption premiums, if any, shall be payable at the office of the paying agent to be named by
the City at or prior to the sale of the Bonds. •
The Bonds shall be issued pursuant to the authority granted under this Resolution and the
Act, but only after approval of the bond referendum hereinafter called and subsequent adoption
of an authorizing bond resolution by the City Council.
Section 4. DEBT REFERENDUM. A debt referendum of the qualified electors
residing in the City is hereby called and ordered to be held on March 15, 2016 or such other date
thereafter authorized by law,to.determine whether or not the Bonds shall be authorized.
Section 5. NOTICE OF BOND REFERENDUM. This Resolution shall be
published twice in full as part of the Notice of Referendum Election, together with a notice in
substantially the form attached hereto as Exhibit "A" in the Daytona Beach News Journal, a
newspaper of general circulation in the City. The publication shall occur once in the fifth (5th)
week and once in the third(31d)week prior to the week which includes March 15, 2016.
Section 6. PLACES OF VOTING, INSPECTORS,CLERKS. The polls will open
at the voting places on the date of such bond referendum during the hours prescribed by law. All
qualified electors residing within the City shall beentitled and permitted to vote at such debt
referendum on the proposition provided below. The places of voting and the inspectors and clerk
for the debt referendum shall be those designated by the Supervisor of Elections for Volusia
County.
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Section 7. OFFICIAL BALLOT. The ballots to be used in the debt referendum
shall contain a statement of the description of the proposed issuances of Bonds, Notes or other
Indebtendess, and shall be in substantially the following form:
CITY OF EDGEWATER, FLORIDA
GENERAL OBLIGATION BOND,NOTE OR OTHER INDEBTEDNESS
IMPROVEMENTS TO CITY RECREATIONAL AREAS, FACILITIES AND PARKS
IN ORDER TO PROMOTE THE HEALTH, SAFETY AND WELL-BEING
OF OUR CITIZENS, SHALL THE CITY OF EDGEWATER ISSUE
GENERAL OBLIGATION BOND, NOTE OR OTHER INDEBTEDNESS
FOR THE PURPOSE OF FINANCING THE CONSTRUCTION,
EXPANSION, RENOVATION INCLUDING BUT NOT LIMITED TO
ENGINEERING, PERMITTING AND IMPROVEMENT OF CITY
RECREATIONAL AREAS, FACILITIES AND PARKS, INCLUDING,
BUT NOT LIMTED TO, WALKING TRAILS, PLAYGROUNDS, SPLASH
PARKS, SKATE PARKS, AND RELATED AMENITIES SUCH AS
RESTROOMS AND PAVED PARKING AREAS, IN AN AGGREGATE
PRINCIPAL AMOUNT NOT EXCEEDING $3.5 MILLION, IN ONE OR
MORE SERIES, BEARING INTEREST RATES NOT EXCEEDING THE
LEGAL MAXIMUM AND MATURING IN TWENTY (20) YEARS OR
LESS, TO BE SECURED BY AND PAYABLE FROM AD VALOREM
TAXES LEVIED ON ALL TAXABLE PROPERTY WITHIN THE CITY
WIHTOUI' LIMTTATION AS TO RATE AND AMOUNT?
For Bonds
Against Bonds
Section 8. PAYMENT OF REFERENDUM EXPENSES. The City Manager is
hereby authorized and directed to approve the payment of lawful expenses associated with
conducting the debt referendum election.
Section 9. VOTER REGISTRATION BOOKS. The Supervisor of Elections for
Volusia County is hereby authorized and requested to furnish to the inspectors and clerks at each
place where the votes are to be cast in such debt referendum, applicable portions of the
registration books or certified copies thereof showing the names of the qualified electors residing
in the City of Edgewater.
Section 10. ELECTION ADMINISTRATION. The debt referendum shall be held
and conducted in the manner prescribed by law and shall, as soon as practicable, be returned and
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canvassed in the manner prescribed by law. The result shall show the number of qualified
electors who voted at such debt referendum and the number of votes cast respectively for and
against approval of the Bonds. Upon certification in the manner prescribed by law, the results
shall be recorded in the minutes of the City Council of the City of Edgewater.
Section 11. ELECTION RESULTS. If the majority of the votes cast at such bond
referendum shall be "For Bonds," the issuance of the Bonds shall be authorized and the Bonds
• may thereafter be issued as may be provided by the City Council of the City of Edgewater.
Section 12. SEVERABILITY. In the event that any word, phrase, clause, sentence or
paragraph hereof shall be held invalid by any court of competent jurisdiction, such holding shall
not affect any other word, clause, sentence or paragraph'hereof.
Section 13. All resolutions or parts of resolutions in conflict herewith are hereby
repealed. •
Section 14. This resolution shall take effect upon adoption.
After Motion by Councilman Blazi with Second by Councilman Conroy, the vote on this
resolution at first reading on November 16, 2015 was as follows:
AYE - NAY
Mayor Mike Ignasiak S • X
Councilwoman Christine Power X •
Councilwoman Gigi Bennington X
Councilman Dan Blazi . • . X
Councilman Gary Conroy S X
•
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After Motion by C: , i l with Second by -"-Icr"4N . ri
the vote on this resolution during second reading/public hearing on December 7, 2015 was as
follows: AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power N
Councilwoman Gigi Bennington N _
Councilman Dan Blazi N
Councilman Gary Conroy •
PASSED AND DULY ADOPTED this 7th day of December, 2015.
•
ATTEST: CITY COUNCIL OF THE
•
CITY OF EDGEWATER,FLORIDA
By: RC I! „111 404-7‘
d AS/ /
Robin L. Matusick Mike Ignasiak
Interim City Clerk/Paralegal Mayor
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form Edgewater at a meeting held on this 7th day
and legality by: Aaron R. Wolfe, Esquire of December, 2015 under Agenda Item No.
City Attorney 8 L.
Doran.Sims,Wolfe.&Ciocchetti
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EXHIBIT "A"
Resolution #2015-R-37
•
• • • NOTICE OF THE CITY OF EDGEWATER'S DEBT REFERENDUM
Pursuant to the provisions of Section 100.342, Florida Statutes, notice is hereby given
that a bond referendum election is to be held on March 15, 2016 or such other date as may be
authorized by.law, and there shall be submitted to the citizens of Edgewater the question in
Resolution#2015-R-37, adopted by the City of Edgewater, Florida on the 7th day of December,
2015. The title of Resolution#2015-R-37 is as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA; AUTHORIZING . THE
ISSUANCE, SUBJECT TO THE DEBT REFERENDUM
• HEREIN PROVIDED FOR, OF GENERAL OBLIGATION •
BOND, NOTE OR INDEBTEDNESS IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $3,500,000 FOR
THE PURPOSE OF PROVIDING FUNDS TO FINANCE
THE CONSTRUCTION, EXPANSION, RENOVATION
.• INCLUDING BUT NOT LIMITED TO ENGINEERING,
PERMITTING AND IMPROVEMENT OF CITY
RECREATIONAL AREAS, FACILITIES AND PARKS
• INCLUDING, BUT NOT LIMITED TO,WALKING TRAILS,
• - • PLAYGROUNDS, SPLASH PARKS, SKATE PARKS, AND
RELATED AMENITIES SUCH AS RESTROOMS AND
PAVED PARKING AREAS, PAYABLE FROM AD
VALOREM TAXES LEVIED. ON ALL TAXABLE
PROPERTY WITHIN THE CITY OF EDGEWATER
• WITHOUT LIMITATION AS TO. RATE AND AMOUNT;
' PROVIDING FOR AND CALLING A DEBT REFERENDUM
OF THE QUALIFIED ELECTORS OF THE CITY OF
EDGEWATER TO BE HELD ON MARCH 15, 2016;
PROVIDING FOR OFFICIAL BALLOTS; PROVIDING
• FOR DEBT REFERENDUM PROCEDURES; REPEALING
RESOLUTIONS IN CONFLICT . HEREWITH; AND
ESTABLISHING AN EFFECTIVE DATE.
The ballot caption and referendum question is as follows:
CITY OF EDGEWATER,FLORIDA
GENERAL OBLIGATION BOND,NOTE OR OTHER INDEBTEDNESS
• IMPROVEMENTS TO CITY RECREATIONAL AREAS, FACILITIES AND PARKS
IN ORDER TO PROMOTE THE HEALTH, SAFETY AND WELL-BEING
• OF OUR CITIZENS, SHALL THE CITY OF EDGEWATER ISSUE
GENERAL OBLIGATION BOND, NOTE OR OTHER INDEBTEDNESS
FOR THE PURPOSE OF FINANCING THE CONSTRUCTION,
EXPANSION, RENOVATION INCLUDING BUT NOT LIMITED TO
• ENGINEERING, PERMITTING AND IMPROVEMENT OF CITY
RECREATIONAL AREAS, FACILITIES AND PARKS, INCLUDING,
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BUT NOT LIMITED TO, WALKING TRAILS, PLAYGROUNDS,
SPLASH PARKS, SKATE PARKS, AND RELATED AMENITIES SUCH
AS RESTROOMS AND PAVED PARKING AREAS, IN AN AGGREGATE
PRINCIPAL AMOUNT- NOT EXCEEDING $3.5 MILLION, IN ONE OR
MORE SERIES, BEARING INTEREST RATES NOT EXCEEDING THE
LEGAL MAXIMUM AND MATURING IN TWENTY (20) YEARS OR
LESS, TO BE SECURED BY AND PAYABLE FROM AD VALOREM
TAXES LEVIED ON ALL TAXABLE PROPERTY WITHIN THE CITY
WITHOUT LIMITATION AS TO RATE AND AMOUNT?
For Bonds
Against Bonds .
•
S
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111
City of
rDGdaATERI
December 9, 2015
Aim McFall
Supervisor of Elections
136 N. Florida Avenue
DeLand, FL 32720
Re: City of Edgewater
Resolution#2015-R-37 Debt Referendum for March 2016
Dear Ms. McFall:
During the City Council meeting held on December 7, 2015, Council approved the above-
referenced Resolution (copy enclosed) authorizing the issuance, subject to the Debt Referendum
of General Obligation Bond,Note or other indebtedness.
Thereby, Council has authorized a debt referendum of the qualified electors residing in the City
to be held on March 15, 2016 or such other date authorized by law to determine if said Bonds
shall be authorized.
Pursuant to the above stipulations, the City of Edgewater is hereby requesting that this item be
placed on the March 15, 2016 election ballot. Can you please contact me at the email or phone
number listed below to inform me of what we would need to do in an effort to facilitate in this
matter.
Since this position is new for me, I would appreciate any and all help in this matter. In advance,
thank you for your help and consideration.
Sincerely,
Robin L. Matusick
Interim City Clerk/Paralegal
rmatusick@cityofedgewater.org
/rim
Enclosure
Copy to: City Manager
Office of the City Clerk/Paralegal
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400,Ext. 1101 •Fax(386)424-2410
www.cityofedgewater.org