89-R-7RESOLUTION NO. 89-R-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGE -
WATER, FLORIDA, REQUESTING THAT THE VOLUSIA COUNTY
COUNCIL ALLOW THE UNEXPENDED FUNDS OF THE PONCE DE LEON
PORT AUTHORITY BE RETURNED TO THE JURISDICTIONS FROM
WHICH RECEIVED; REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Ponce de Leon Inlet and Port Authority, (here-
inafter "the District") was originally created for the purpose of
stabilizing the Ponce de Leon Inlet; and
WHEREAS, thereafter the District was amended and ad valor-
em taxes levied in order to acquire land and to construct thereon
a large marina project; and
WHEREAS, the Florida Supreme Court, in its Opinion in New
Smyrna Dist. v. Each, 137 So. 1 (FL 1931), stated that when a tax
levy is made not for general governmental purposes, but to pro-
vide specific public improvements for the special benefit of the
district that is taxed for the project and the project is abandon-
ed, the taxes paid in and not properly expended may be recovered;
and
WHEREAS, by Chapter 26287, Laws of Florida, the Florida
Legislature did establish a precedent by which tax funds subject
to such recovery may be recovered by the district taxpayers, or
by local governments within the district; and
WHEREAS, the City of Edgewater believes it to be fair,
just and equitable to allow the local governments within the Dis-
trict to utilize the uncommitted and unexpended funds of the Dis-
trict based upon the proportionate shares of the total funds paid
into the District from 1975-75 to 1988-89 inclusive.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA:
SECTION 1. The City Council of the City of Edgewater,
Florida hereby respectfully requests the Volusia County Council
to immediately mandate that all uncommitted and unexpended funds
of the District be held by Volusia County in trust for distribu-
tion to the local governments within the District, and that hence-
forth no uncommitted and unexpended funds shall be expended or
committed except in accordance with an approved granting proce-
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dure developed as hereinafter discussed.
SECTION 2. The distribution of unexpended funds and ac-
crued interest thereon is to be proportional to the total Dis-
trict receipts from the jurisdiction of each local government
from 1974-75 through 1988-89 inclusive. Each proportional share
is to be based on the percent of receipts from 1974-75 through
1988-89 inclusive. Each local governmental jurisdiction repre-
sents in the total receipts of the District. The County will
then hold in trust each local government's proportional share.
SECTION 3. The distribution of funds is to be approved by
the Volusia County Council when the requesting local government
submits one or more projects consistent with its' Comprehensive
Plan, which are in accordance with the purposes for which funds
were collected. Projects must be water -related public facilities
and lands serving active or passive public recreational purposes.
If a local government does not submit projects, or if prpjects do
not qualify, the County shall hold that local government's propor-
tional share in trust until qualified projects are submitted or a
ten (10) year period elapses. If funds remain after the (10)
year period, any qualified governmental entity may submit an ap-
plicataion to the District for a project as long as the project
meets the criteria for a qualified project. The Volusia County
Council shall not unreasonably withhold approval of any project
or fund distribution.
SECTION 4. All local governments in the District shall be
involved in developing the administrative procedures for grant
administration and award.
SECTION S. The Volusia County Council, acting as the Dis-
trict, shall be the grant award agency and the District staff
shall be the grant review authority.
SECTION 6. The Volusia County Finance Department shall
provide to each local government in the District an annual ac-
counting of the District funds, which accounting shall show all
revenues, expenditures, and encumbrances of the District.
SECTION 7. The City Clerk is hereby authorized and direc-
ted to furnish copies hereof to the Volusia County Council, and
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to the City/Town Manager of each municipality within the area of
the District.
SECTION 8. That all resolutions or parts of resolutions
in conflict herewith, be and the same are hereby repealed.
SECTION 9. That this resolution shall take effect immedia-
tely upon its adoption by the City Council of the City of Edge-
water, Florida, and approval as provided by law.
This Resolution was introduced and sponsored by Councilman
Fish , and was read and passed by a vote of the City
Council of the City of Edgewater, Florida, at a regular
meeting of said Council held on the 15th day of February ,
1989, and approved as provided by law.
1989.
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