2016-R-15 09/29/2016 08:55 AN
• Instrument# 2016-180390 # 1
Book _ 7308
Page : 1052
RESOLUTION#2016-R-15
A RESOLUTION OF THE CITY OF EDGEWATER, CITY
COUNCIL, WITH ATTACHMENT(S), ESTABLISHING A
SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS
THE THOMAS STREET AREA SPECIAL ASSESSMENT
DISTRICT; AUTHORIZING THE LEVY AND
COLLECTION OF A SPECIAL ASSESSMENT FOR A
PERIOD OF TWENTY (20) YEAR(S) PURSUANT
CHAPTER 170, FLORIDA STATUTES; PROVIDING FOR
THE NATURE AND ESTIMATE OF THE BENEFITS TO
BE PROVIDED; PROVIDING DETAILS OF ASSESSMENT
PROCEDURES, PAYMENTS, AND STATUTORY LIENS;
PROVIDING FOR PUBLICATION OF LEGAL NOTICE;
AUTHORIZING AND DIRECTING THE CITY MANAGER,
THE CITY CLERK,THE FINANCE DIRECTOR,AND ALL
OTHER NECESSARY CITY OFFICIALS, AFTER
CONSULTATION WITH THE CITY ATTORNEY, TO
UNDERTAKE ALL NECESSARY ACTIONS AND
PROCEDURES TO ACCOMPLISH THE PURPOSE SET
FORTH IN THIS RESOLUTION IN ACCORDANCE WITH
CHAPTER 170 FLORIDA STATUTES; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH AND
410 ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Chapter 170, Florida Statutes, provides that a municipality may levy and
collect special assessments against property benefited for the purpose of providing for the
construction,reconstruction,repair,paving,repaving,hard surfacing, rehard surfacing,widening,
guttering, and draining of streets, and alleys; for grading, regrading, leveling, laying, relaying,
paving, repaving, hard surfacing, and in connection with any of the foregoing, landscaping,
signage, and other amenities as determined by the governing authority of the municipality; order
the construction, reconstruction, repair, renovation, excavation, grading, stabilization, and
upgrading of sanitary sewers, storm sewers, and all or part of a comprehensive stormwater
management system, roads, water lines including the necessary appurtenances and structures
thereto and including, but not limited to the construction or reconstruction of water mains, water
laterals, sanitary sewers, a stormwater management system and roads including the necessary
appurtenances thereto; pay for the relocation of utilities, including the placement of underground
of electrical,telephone,and cable television services("Work"); and
WHEREAS, the City of Edgewater ("City") has determined that the most appropriate
means of performing the Work to connect properties thereto, and pave the roadways is the
establishment of a special assessment district to be known as the THOMAS STREET AREA
SPECIAL ASSESSMENT DISTRICT("Thomas Street Area District"); and
WHEREAS, the special assessment district concept is based on a partnership between
the City and property owners, with funding to be generated by a special assessment to be levied
on property owners within a specified geographic area for the purpose of funding the Work;and
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Page : 1053
WHEREAS,the boundaries of the proposed Thomas Street Area District are as follows:
The twenty-seven (27) lots and lands on the map in "Exhibit A", attached and
incorporated by this reference,adjoining and contiguous or bounding and abutting
upon Thomas Street, 2"d Street, 3`d Street and 4 Street, as designated by the
assessment plat hereinafter provided in "Exhibit C", attached and incorporated by
this reference; and
WHEREAS, the City Council hereby finds that the assessment has been fairly and
reasonably apportioned amongst the properties that will receive the special benefit;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE CITY OF EDGEWATER,FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Pursuant to the provisions of Chapter 170, Florida Statutes,provides that a
municipality may levy and collect special assessments against property benefited for the purpose
of providing for the construction, reconstruction, repair, paving, repaving, hard surfacing, rehard
surfacing, widening, guttering, and draining of streets, and alleys; for grading, regrading,
leveling, laying, relaying, paving, repaving, hard surfacing, and in connection with any of the
forgoing, landscaping, signage, and other amenities as determined by the governing authority of
the municipality; order the construction, reconstruction, repair, renovation, excavation, grading,
stabilization, and upgrading of sanitary sewers, storm sewers, and all or part of a comprehensive
160 stormwater management system, roads, water lines including the necessary appurtenances and
structures thereto and including, but not limited to the construction or reconstruction of water
mains, water laterals, sanitary sewers, a stormwater management system and roads including the
necessary appurtenances thereto; pay for the relocation of utilities, including the placement of
underground of electrical,telephone,and cable television service("Work").
Section 3. The total estimated cost of the Work, as detailed in "Exhibit B", attached
and incorporated by this reference, is approximately EIGHT HUNDRED THIRTY-FIVE
THOUSAND FIVE HUNDRED FIVE and 09/100 Dollars ($835,509.09), of which ONE
HUNDRED THIRTY-NINE THOUSAND FOUR HUNDRED FORTY-SEVEN and 67/100
Dollars ($139,447.67) is to be funded by the proposed special assessments, and the remainder to
be funded by the St. Johns River Water Management Cost Share Grant ($289,278.00), City
Stormwater Utility Funds ($106,934.75), City Water Utility Funds ($187,203.25), City General
Fund Road Paving($75,710.83)and estimated Finance Charges($36,930.59).
Section 4. The special assessment shall be levied in accordance with the applicable
provisions of Chapter 170, Florida Statutes, for the purposes of defraying a portion of the costs
of Work, and based upon the assessment methodology as set forth in "Exhibit B", attached and
incorporated by this reference.
Section 5. Pursuant to F.S. 170.02,the Governing body of the City of Edgewater has
determined that the assessment will be calculated uniformly among all benefiting parcels within
the district. Assessments not paid when due shall become due and payable in accordance with
statutory provisions and shall remain liens, coequal with the lien of all state,county, district, and
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Inst anent# 2016-180390 # 3
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Pages 1054
municipal taxes, superior in dignity to all other liens, titles, and claims, until paid, and shall bear
kits
interest, at such rate or rates as specified in Section 170.09, Florida Statutes.
Section 6. The levying of the assessment shall be contingent upon City Council
commitment to budget and appropriate all required funds: The City has received a St. Johns
River Water Management District("SJRWMD")Cost Share Grant towards this project.
Section 7. The proposed Thomas Street District area, upon which the special
assessments shall be levied, shall incorporate the total area set forth in the map attached as
"Exhibit A" and shall reflect the geographic boundaries adjoining and contiguous or bounding
and abutting upon Thomas Street,2nd Street,3`d Street and 4 Street.
Section 8. In accordance with Chapter 170, Florida Statutes, there is on file with the
City Clerk at the time of the adoption of this Resolution, an assessment plat showing the area to
be assessed, with plans and specifications, and an estimate of the cost of the Work, which shall
be open to inspection by the public.
Section 9. In accordance with Chapter 170, Florida Statutes, there is on file with the
City Clerk at the time of the adoption of this Resolution, a Preliminary Assessment Roll showing
the lots to be assessed, the amounts of benefits to the properties to be assessed, and the
assessments against each lot, which shall be considered at a future duly advertised Public
Hearing to be held by the City Council, at a time and place to be set in a separate Resolution, at
which time the City Council shall hear as an equalizing board all parties in regard to the
proposed assessment, and after making any adjustments that the City Council may deem
appropriate,the Final Assessment Roll will be confirmed by a Resolution of the City Council.
Section 10. This Resolution herein creating a special assessment district shall be
advertised following its adoption.
Section 11. The City Manager, the City Clerk, the Finance Director, and other
necessary City officials, after consultation with the City Attorney, are authorized and directed to
undertake all necessary actions and procedures to take such actions as contemplated by this
Resolution.
Section 12. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
410
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Section 13. This resolution shall take effect immediately upon adoption.
After motion by t%oi, e)/min ✓///►p�f and Second
by C-ot�_r��i COG rui 4 4.,,ed_pe , the vote on this resolution was as follows:
AYE NAY
Mayor Michael Ignasiak
Councilwoman Christine Power L'
Councilwoman Gigi Bennington L/"..
Councilman Dan Blazi
Councilman Gary T. Conroy
4.7
PASSED AND DULY ADOPTED this j " day of /y/ , 2016.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLO IDA
��! y `y4v2.44. ' `Z---- ByJbra-G-
Mitch Honaker Mike Ignasi
Deputy City Clerk Mayor
•
a;• For Mt us& reliance only by the City of Approved by the City Council of the City f
E.A.Aatif, Flo da. Approved as to form and Edgewater at a meeting held on this
to •_ legally 1a+: Laron R. Wolfe, Esquire day of , o,,-,/ , 2016
�% '• oZr4ty Attorney under Agenda Item No 8 X .
/C�, •. ..•••'; 'Doran.Sims,Wolfe&Ciocchetti
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' Inst rumentit 2016-180390 # 5
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4„--
NO EXHIBIT"A"
MAP OF THOMAS STREET AREA
SPECIAL ASSESSMENT DISTRICT
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#2016-R-15
Instrument# 2016-180390 # 6
' Book : 7308
Page : 1057
EXHIBIT "B"
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ASSESSMENT METHODOLOGY
Pursuant to F.S. 170.02, the Governing body of the City of Edgewater has determined that the
assessment will be calculated uniformly among all benefiting parcels within the district.
0
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Instru®ent# 2016-180390 # 7
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Page : 1058
Diane N. Natousek
Volusia County, Clerk of Court
EXHIBIT "C"
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ASSESSMENT PLAT and LEGAL DESCRIPTION
Description of Lots in Thomas Street Area Special Assessment District:
Those lots in Totem Park Subdivision, Blocks #2, 3, 4, 7, 8 and 9 not subsequently re-
platted in a later subdivision which have addresses and access on Thomas Street, 2nd Street, 3rd
Street and/or 4th Street.
As further described below:
PARCEL OWNER_NAME OWNER ADDRESS CITY STATE
743313020010 NELSON FREDERICK& PATRICIA L 1401 SECOND ST EDGEWATER FL
743313030010 RYON GEORGE R & PO BOX 1680 UMATILLA FL
743313070010 HALANSKI J MARTIN 1312 3RD ST EDGEWATER FL
743313080010 SAMPSON RICHARD D & 1312 2ND ST EDGEWATER FL
1314 S RIVERSIDE
743313090010 MCLOUGHLIN THOMAS G JR DR EDGEWATER FL
743313020040 BLANKEN ERIKA Y 1409 2ND ST EDGEWATER FL
743313070040 JOHNSON MARK I & BEVERLY ANN K 1316 THIRD STREET EDGEWATER FL
743313080040 SAWYER R THOMAS & SANDRA K 1316 SECOND ST EDGEWATER FL
743313040050 HABERMAN BERNARD 1404 THIRD ST EDGEWATER FL
743313030051 RYON GEORGE R & PO BOX 1680 UMATILLA FL
743313040070 CERAMI LUCILLE T 72 DEER PARK RD FAIRFIELD NJ
743313070070 KEATING CHARLES R& 1320 3RD ST EDGEWATER FL
743313080070 SCHMITZ HAROLD A & 123 THOMAS ST EDGEWATER FL
743313030100 MCMAHON JEANNINE EILEEN 1408 2ND ST EDGEWATER FL
743313040100 WIGGINS KAREN H 7959 CR 153 INTERLAKEN NY
743313070110 KROLL MARIAN 109 THOMAS ST EDGEWATER FL
743313080110 BROCK DAVID &SHEILA 119 THOMAS ST EDGEWATER FL
743313030120 GERRISH SUE A& ROBERT E 1409 3RD ST EDGEWATER FL
NEW SMYRNA
743313040120 GP & K ENTERPRISES LLC 213 QUAY ASSISI BEACH FL
743313030150 LINDROTH JASON WILLIAM 1405 THIRD STREET EDGEWATER FL
743313070150 HALANSKI J MARTIN 1312 3RD ST EDGEWATER FL
743313080150 WOJTKOWIAK ELIZABETH M & 1315 THIRD ST EDGEWATER FL
743313040160 MCDONNELL JOSEPH KARL 1403 4TH ST EDGEWATER FL
743313080180 LOPEZ ROSARIO & 1311 3RD ST EDGEWATER FL
743313030190 MOSES RODNEY W &CATHERINE G 373 E CENTER ST SMITHVILLE OH
743313040200 BUHR FAMILY REV LIVING TRUST 429 FOX RUN RD GRAYSON KY
743313040010 HOOK MAGDEALENA M & 114 THOMAS ST EDGEWATER FL
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#2016-R-15
ili
City of
r')GWATER
AFFIDAVIT OF FIRST-CLASS MAIL SERVICE
I, Mitch Honaker, Deputy City Clerk, as a representative of the City of Edgewater, Florida, hereby swear
and or otherwise affirm that a; "Notice of Hearing to Impose and Provide for Collection of Thomas Street
Area District Special Assessment" , pursuant to Florida Statute 170.07, a copy of which is attached to this
Affidavit, has been sent to the following individual (s),
PARCEL OWNER_NAME OWNER_ADDRESS CITY STATE
743313020010 NELSON FREDERICK&PATRICIA L 1401 SECOND ST EDGEWATER FL
743313030010 RYON GEORGE R & PO BOX 1680 UMATILLA FL
743313070010 HALANSKI J MARTIN 1312 3RD ST EDGEWATER FL
743313080010 SAMPSON RICHARD D& 1312 2ND ST EDGEWATER FL
+ 743313090010 MCLOUGHLIN THOMAS G JR 1314 S RIVERSIDE DR EDGEWATER FL
743313020040 BLANKEN ERIKA Y 1409 2ND ST EDGEWATER FL
743313070040 JOHNSON MARK I &BEVERLY ANN K 1316 THIRD STREET EDGEWATER FL
743313080040 SAWYER R THOMAS&SANDRA K 1316 SECOND ST EDGEWATER FL
743313040050 HABERMAN BERNARD 1404 THIRD ST EDGEWATER FL
743313030051 RYON GEORGE R & PO BOX 1680 UMATILLA FL
743313040070 CERAMI LUCILLE T 72 DEER PARK RD FAIRFIELD NJ
743313070070 KEATING CHARLES R& 1320 3RD ST EDGEWATER FL
743313080070 SCHMITZ HAROLD A& 123 THOMAS ST EDGEWATER FL
743313030100 MCMAHON JEANNINE EILEEN 1408 2ND ST EDGEWATER FL
743313040100 WIGGINS KAREN H 7959 CR 153 INTERLAKEN NY
743313070110 KROLL MARIAN 109 THOMAS ST EDGEWATER FL
743313080110 BROCK DAVID&SHEILA 119 THOMAS ST EDGEWATER FL
743313030120 GERRISH SUE A&ROBERT E 1409 3RD ST EDGEWATER FL
743313040120 GP&K ENTERPRISES LLC 213 QUAY ASSISI NEW SMYRNA BEACH FL
743313030150 LINDROTH JASON WILLIAM 1405 THIRD STREET EDGEWATER FL
743313070150 HALANSKI J MARTIN 1312 3RD ST EDGEWATER FL
743313080150 WOJTKOWIAK ELIZABETH M & 1315 THIRD ST EDGEWATER FL
743313040160 MCDONNELLJOSEPH KARL 1403 4TH ST EDGEWATER FL
743313080180 LOPEZ ROSARIO& 1311 3RD ST EDGEWATER FL
743313030190 MOSES RODNEY W&CATHERINE G 373 E CENTER ST SMITHVILLE OH
743313040200 BUHR FAMILY REV LIVING TRUST 429 FOX RUN RD GRAYSON KY
743313040010 HOOK MAGDEALENA M& 114 THOMAS ST EDGEWATER FL
1
by first-class United States Mail, and swear or affirm that the address to which the notice was sent was
their last known address of record.
-41.--44, 44.__ ,
SIGNATURE OF AFFIANT: i.-2//�
PRINT NAME: / -7/ 4_- /4/9e/ )2'
ADDRESS: 104 North Riverside Drive, Edgewater, Florida 32132
Sworn to and subscribed before me this .J_,t� day of 40,,-/Z ,20/i.
Signature of Notary Public: )'�
0(
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,, j.,YO; , JORDAN A.HARRIS
IA Commissic•r#FF 968331 •
_` -�* Expires Marci 6.2020
�.FOFi:i pP,�
Print,Type or Stamp Commissioned Name of Notary Public: Bonded ThroTroy Fa:,Insurance so4385.7019
Affiant is personally known to Notary Public OR Affiant produced Identification
and if so,Type of Identification produced:
2
City of
r')
GEWATER
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF
THOMAS STREET AREA DISTRICT
SPECIAL ASSESSMENTS
Notice is hereby given that the City Council of City of Edgewater will conduct a
public hearing to consider the imposition of special assessments for the provision of
providing for the construction, reconstruction, repair, paving, repaving, and other
amenities as determined by the City Council within the Thomas Street Area District of the
City of Edgewater.
The hearing will be held at 6:00 p.m. on May 2, 2016, in the City Council Chambers,
104 N. Riverside Dr., Edgewater, Florida, for the purpose of receiving public comment on
the preliminary assessments. All affected property owners have a right to appear at the
hearing and to file written objections with the City Council with respect to any matter
considered at the hearing, such person will need a record of the proceedings and may need
to ensure that a verbatim record is made, including the testimony and evidence upon which
the appeal is to be made. In accordance with the Americans with Disabilities Act, persons
needing a special accommodation or an interpreter to participate in this proceeding should
contact to City Clerk's Office at (386) 424-2400, at least two (2) days prior to the date of the
hearing.
The assessment for each parcel of property will be calculated uniformly among all
benefiting parcels within the district. The preliminary assessment is to be $351.53
Office of the City Cleric
P.O. Box 100•Edgewater, FL 32132-0100
(386)424-2400 Ext. 1101 •Fax(386)424-2421
www.cityofedgewater.org
annually per parcel for 20 years. The preliminary assessment rate will be billed annually
for Fiscal year beginning on October 1, 2016.
Copies of the Thomas Street Area Special Assessment District Resolution, the
Resolution Establishing a Special Assessment District are available for inspection in the
office of the City Clerk, City Hall,located at 104 N. Riverside Dr. Edgewater, Florida.
The assessments will be collected on the ad valorem tax bill or a direct bill to be
mailed in November 2016, as authorized by section 197.3632, Florida Statutes. Failure to
pay the assessments will cause a tax certificate to be issued against the property which may
result in a loss of title.
If you have any questions, please contact the City Environmental Service
Department at (386) 424-2400, Monday through Friday between 8:00 a.m. and 4:30 p.m.
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Office of the City Cleric
P.Q.Box 100•Edgewater,FL 32132-0100
(386)424-2400 Ext. 1101 •Fax(386)424-2421
www.eityofedgewater.org