2004-O-26
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ORDINANCE NO. 2004-0-26
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA; AUTHORIZING THE ISSUANCE
OF A GENERAL OBLIGATION BOND IN AN AMOUNT NOT
TO EXCEED A TOTAL OF EIGHT MILLION THREE
HUNDRED THOUSAND DOLLARS ($8,300,000.00) FOR THE
CITY TO FINANCE ONE OR MORE OF THE FOLLOWING
VOTER APPROVED CAPITAL IMPROVEMENT PROJECTS:
(1) NEW CITY HALL IN AN AMOUNT NOT TO EXCEED
THREE MILLION TWO HUNDRED THOUSAND DOLLARS
($3,200,000.00), (2) RENOVATION OF EXISTING CITY HALL
SITE IN AN AMOUNT NOT TO EXCEED ONE MILLION
DOLLARS ($1,000,000.00), (3) NEW FIRE ST A TION/POLICE
AND FIRE ADMINISTRATIVE BUILDING IN AN AMOUNT
NOT TO EXCEED TWO MILLION SIX HUNDRED
THOUSAND DOLLARS ($2,600,000.00), (4) NEW ANIMAL
ADOPTION/ RESCUEIEDUCATIONAL FACILITY IN AN
AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00), AND (5) KENNEDY PARK
RENOVATION IN AN AMOUNT NOT TO EXCEED ONE
MILLION DOLLARS ($1,000,000.00); PROVIDING THAT
EACH CAPITAL IMPROVEMENT PROJECT WILL BE
SEPARATELY VOTED UPON AND THAT A GENERAL
OBLIGA TION BOND MAYBE ISSUED ONLY WITH
RESPECT TO PROJECTS APPROVED BY THE QUALIFIED
ELECTORS OF THE CITY; PROVIDING FOR AND
CALLING AN ELECTION OF THE QUALIFIED ELECTORS
RESIDING WITHIN THE CITY TO BE HELD ON
NOVEMBER 2, 2004, TO CONSIDER THE ISSUANCE OF
THE GENERAL OBLIGATION BOND AND APPROVAL OF
THE PROJECTS TO BE FUNDED BY THE BOND
PROCEEDS; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING AN EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
I. The City of Edgewater has hereby studied/researched the need for various capital
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projects to benefit the citizens of Edgewater;
2. The capital projects shall include one or more of the following: (1) new City Hall
("Capital Project A"), (2) renovation of existing City Hall site ("Capital Project B"), (3) new Fire
Station/Police and Fire Administration Building ("Capital Project C"), (4) New Animal
Adoption/Rescue Facility ("Capital Project D") and (5) Kennedy Park renovations ("Capital Project
E" and, collectively, the "Capital Projects"), as further described in Exhibit B hereto;
3. The City is seeking an election on November 2,2004 for the citizens to vote for the
consideration of a general obligation bond to fund one or more of the Capital Projects.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida:
PART A.
Authority for this Ordinance.
This Ordinance is adopted pursuant to the Constitution of the State of Florida, general laws
of the State of Florida, and the Charter and the Code of Ordinances of the City of Edgewater,
Florida.
PART B.
Authorizationfor Capital Projects.
Subject and pursuant to the provisions hereof, the City hereby authorizes the acquisition,
construction, renovation, rehabilitation and installation of such Capital Projects as shall be approved
at and pursuant to the Election described in Parts D through H below (the "Voter-Approved Capital
Projects").
PART C.
Authorization for Bonds.
Subject and pursuant to the provisions hereof, a limited ad valorem revenue bond ("the
Bond") of the City of Edgewater, Florida ("the City"), is hereby authorized to be issued in an
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aggregate principal amount not exceeding $8,300,000, the proceeds of which will be used to finance
the costs of the Voter-Approved Capital Projects. The funds received from the issuance of the Bond
will be used for such purposes and for the benefit of the citizens of the City. The Bond shall be
payable solely from and secured by ad valorem taxes levied with a maximum millage rate of 1.0 mill
on all taxable property situated within the City, which maximum millage rate shall consist of the
sum of following maximum millage rates for each of the Capital Projects which becomes a Voter-
Approved Capital Project: (1) Capital Project A = .41 mill; (2) Capital Project B = .12 mill; (3)
Capital Project C = .29 mill; (4) Capital Project D = .06 mill; and (5) Capital Project E = .12 mill.
The Bond shall (i) be issued for a term of not longer than thirty (30) years from the date of issuance
and (ii) bear interest at an average net interest cost rate not exceeding seven percent (7%). The
costs of the Voter-Approved Capital Projects shall include such other costs as shall be necessary,
appurtenant or incidental thereto, including the costs of issuing the Bond. The Bond may be issued
in one or more Series.
PART D.
Election Called.
A. An election ("the Election") of the qualified electors residing in the City is hereby
called to be held on November 2,2004, to determine whether or not the following shall be approved
by such qualified electors to finance the Capital Projects:
(1) The issuance of the Bond in an aggregate principal amount not exceeding
$8,300,000, bearing interest at an average net interest cost rate not exceeding 7% and issued
for a term of not longer than thirty (30) years shall be approved by such qualified electors
to finance Vote-Approved Capital Projects, payable as provided herein; and
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(2) The levy of ad valorem taxes with a maximum millage rate of 1.0, which maximum
millage rate shall consist of the sum of the following maximum millage rates for each of the
Voter-Approved Capital Projects: (i).41 mill for Capital Project A; (ii) .12 mill for Capital
Project B; (iii) .29 mill for Capital Project C; (4) .06 mill for Capital Project D; and (5).12
mill for Capital Project E.
B. The Capital Projects shall each also include other purposes appurtenant or incidental
thereto, including the costs of issuing the Bond;
C. All qualified electors residing in the City shall be entitled and permitted to vote in
the Election; and
D. The polls will be open at the voting places from 7:00 a.m., Eastern Standard Time,
until 7:00 p.m., Eastern Standard Time, on the same day.
PART E.
Official Ballot.
Voting machines, or other voting devices as shall have been adopted at the time by the
County of V olusia, shall be used at the Election and the form of ballots to be used shall be in
substantially the following form:
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OFFICIAL BALLOT
CITY OF EDGEW A TER, FLORIDA
LIMITED AD VALOREM REVENUE BOND ELECTION AND CAPITAL
IMPROVEMENT PROJECTS
NOVEMBER 2, 2004
PROPOSITION 1:
LIMITED AD VALOREM REVENUE BOND TO FINANCE A CAPITAL
IMPROVEMENT PROJECT - NEW CITY HALL
In order to finance the new City Hall, shall the City (1) issue a limited ad valorem revenue bond in
a principal amount not exceeding $3,200,000, for a term of not longer than thirty (30) years from
the date of issuance and bearing interest at an average net interest cost rate not exceeding 7%, and
(2) levy ad valorem taxes at a maximum millage rate of.41 mill on all taxable property in the City
to provide for the repayment of such bond?
INSTRUCTIONS TO VOTERS:
Indicate by completely filling in the oval opposite "FOR CITY HALL BOND AND AD VALOREM
TAX OF .41 MILL" if you are in favor of financing a new City Hall by issuing a limited ad valorem
revenue bond and levying an ad valorem tax at a maximum millage rate of.41 mill to provide for
the repayment of such bond.
(oval) FOR City Hall Bond and ad valorem tax of.41 mill.
Indicate by completely filling in the oval opposite "AGAINST CITY HALL BOND AND AD
VALOREM TAX OF .41 MILL" if you are not in favor of financing a new City Hall by issuing a
limited ad valorem revenue bond and levying an ad valorem tax at a maximum millage rate of .41
mill to provide for the repayment of such bond.
(oval) AGAINST City Hall Bond and ad valorem tax of.41 mill.
PROPOSITION 2:
LIMITED AD VALOREM REVENUE BOND
TO FINANCE A CAPITAL IMPROVEMENT PROJECT _
RENOVATION OF THE EXISTING CITY HALL SITE
In order to finance the renovation of the existing City Hall site, shall the City (1) issue a limited ad
valorem revenue bond in a principal amount not exceeding $1,000,000, for a term of not longer than
thirty (30) years from the date of issuance and bearing interest at an average net interest cost rate
not exceeding 7%, and (2) levy ad valorem taxes at a maximum millage rate of .12 mill on all
taxable property in the City to provide for the repayment of such bond?
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INSTRUCTIONS TO VOTERS:
Indicate by completely filling in the oval opposite "FOR CITY HALL RENOV A TION BOND AND
AD VALOREM TAX OF .12 MILL" if you are in favor of financing the renovation of the existing
City Hall by issuing a limited ad valorem revenue bond and levying an ad valorem tax at a
maximum millage rate of .12 mill to provide for the repayment of such bond.
(oval) FOR City Hall Renovation Bond and levy of ad valorem tax of .12 mill.
Indicate by completely filling in the oval opposite "AGAINST CITY HALL RENOV A TION BOND
AND AD VALOREM TAX OF .12 MILL" if you are not in favor of financing the renovation of the
existing a-new City Hall by issuing a limited ad valorem revenue bond and levying an ad valorem
tax at a maximum millage rate of .12 mill to provide for the repayment of such bond.
(oval) AGAINST City Hall Renovation Bond and levy of ad valorem tax at a maximum
millage: rate of.12 mill.
PROPOSITION 3:
LIMITED AD VALOREM REVENUE BOND
TO FINANCE A CAPITAL IMPROVEMENT PROJECT-
NEW FIRE ST A TION/POLICE AND FIRE ADMINISTRATIVE BUILDING
In order to finance a new Fire Station/Police and Fire Administrative Building, shall the City (1)
issue a limited ad valorem revenue bond in a principal amount not exceeding $2,600,000, for a term
of not longer than thirty (30) years from the date of issuance and bearing interest at an average net
interest cost rate not exceeding 7%, and (2) levy ad valorem taxes at a maximum millage rate of.29
mill on all taxable property in the City to provide for the repayment of such bond?
INSTRUCTIONS TO VOTERS:
Indicate by completely filling in the oval opposite "FOR NEW FIRE/POLICE BUILDING BOND
AND AD V ALOREM TAX OF .29 MILL" if you are in favor of financing a new Fire Station/Police
and Fire Administrative Building by issuing a limited ad valorem revenue bond and levying an ad
valorem tax at a maximum millage rate of .29 mill to provide for the repayment of such bond.
(oval) FOR New Fire/Police Bond and ad valorem tax of .29 mill.
Indicate by completely filling in the oval opposite "AGAINST NEW FIRE/POLICE BUILDING
BOND AND AD VALOREM TAX OF .29 MILL" if you are not in favor of financing a new Fire
Station/Police and Fire Administrative building by issuing a limited ad valorem revenue bond and
levying an ad valorem tax at a maximum millage rate of .29 mill to provide for the repayment of
such bond.
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(oval) AGAINST New Fire/Police Building Bond and ad valorem tax of .29 mill.
PROPOSITION 4:
LIMITED AD VALOREM REVENUE BOND
TO FINANCE A CAPITAL IMPROVEMENT PROJECT _
NEW ANIMAL ADOPTIONIRESCUE FACILITY
In order to finance a new Animal Adoption/Rescue Facility, shall the City (1) issue a limited ad
valorem revenue bond in a principal amount not exceeding $500,000, for a term of not longer than
thirty (30) years from the date of issuance and bearing interest at an average net interest cost rate
not exceeding 7%, and (2) levy ad valorem taxes at a maximum millage rate of .06 mill on all
taxable property in the City to provide for the repayment of such bond?
INSTRUCTIONS TO VOTERS:
Indicate by completely filling in the oval opposite "FOR NEW ANIMAL FACILITY BOND AND
AD VALOREM TAX OF .06 MILL" if you are in favor of financing a new Animal
Adoption/Rescue Facility by issuing a limited ad valorem revenue bond and levying an ad valorem
tax at a maximum millage rate of .06 mill to provide for the repayment of such bond.
(oval) FOR New Animal Facility Bond and ad valorem tax of .06 mill.
Indicate by completely filling in the oval opposite "AGAINST NEW ANIMAL FACILITY BOND
AND AD VALOREM TAX OF:Z9 .06 MILL" if you are not in favor of financing a new Animal
Adoption/Rescue Facility by issuing a limited ad valorem revenue bond and levying an ad valorem
tax at a maximum millage rate of:4t .06 mill to provide for the repayment of such bond.
(oval) AGAINST New Animal Facility Bond and ad valorem tax of .06 mill
PROPOSITION 5:
LIMITED AD VALOREM REVENUE BOND
TO FINANCE A CAPITAL IMPROVEMENT PROJECT _
RENOVATION OF KENNEDY PARK
In order to finance the renovation of Kennedy Park, shall the City (1) issue a limited ad valorem
revenue bond in a principal amount not exceeding $1,000,000, for a term of not longer than thirty
(30) years from the date of issuance and bearing interest at an average net interest cost rate not
exceeding 7%, and (2) levy ad valorem taxes at a maximum millage rate of .12 mill on all taxable
property in the City to provide for the repayment of such bond?
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INSTRUCTIONS TO VOTERS:
Indicate by completely filling in the oval opposite "FOR KENNEDY PARK BOND AND AD
VALOREM TAX OF .12 MILL" if you are in favor of financing the renovation of Kennedy Park
by issuing a limited ad valorem revenue bond and levying an ad valorem tax at a maximum millage
rate of .12 mill to provide for the repayment of such bond.
(oval) FOR Kennedy Park Bond and ad valorem tax of .12 mill.
Indicate by completely filling in the oval opposite "AGAINST KENNEDY PARK BOND AND AD
VALOREM TAX OF .12 MILL" if you are not in favor of financing the renovation of Kennedy
Park by issuing a limited ad valorem revenue bond and levying an ad valorem tax at a maximum
millage rate of .12 mill to provide for the repayment of such bond.
(oval) AGAINST KENNEDY PARK Bond and ad valorem tax of .12 mill.
PARTF.
Election Procedure.
The Election shall be held and conducted in the manner prescribed by law for holding
general elections in the City. The Inspectors and Clerks at each polling place shall prepare and file
returns of the Election and shall deliver the same to the City Canvassing Board. Such returns shall
show the number of qualified electors who voted at the Election on each of the Propositions and the
number of votes cast respectively for and against approval of each of the Propositions. The returns
shall be canvassed by the City Canvassing Board as soon as practicable following the Election.
PART G.
Election Results.
If a majority of the votes cast at the Election in respect to a Proposition shall be "yes" votes
or "For bond and levy of ad valorem tax," the Proposition shall be approved; and the particular
bond, the issuance of which shall be thereby approved, shall be issued as hereafter provided by the
City; and the ad valorem tax at the particular millage rate, the maximum rate of which shall be
thereby approved, shall be levied as hereafter provided by the City.
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PARTH.
Notice of Bond Election.
Notice of the Election, substantially in the form attached as Exhibit A to this Ordinance
shall be published in The Observer, a newspaper published and of general circulation in the City.
This Ordinance shall be published in full as part of such notice of the Election, together with an
appropriate caption in such form as the City Clerk shall determine. The first publication shall be
not less than thirty (30) days prior to the date of the Election, exclusive of the day of publication
and the day of the Election. The publication shall be made once in the fifth week and once in the
third week prior to the week in which the Election is to be held.
PART I.
Coriflicting Provisions.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART J.
Severability and Applicability.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART K.
Effective Date. This Ordinance shall take effect immediately upon its
adoption.
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PART L.
Adoption.
After Motion by Councilman Brown and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on July 19,2004, was as follows:
AYE NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis A. Vincenzi
ABSENT
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
After Motion by Councilwoman Rhodaad Second by Councilman Brown , the vote
on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown X
Councilman Dennis A. Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
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PASSED AND DULY ADOPTED this 2nd day of August, 2004.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by:
�J l�9 �! 199erf Di Paul E. Rosenthal, Esquire Tgygy
City Attorney
Foley & Lardner LLP
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2004-0-26 11
CITY COUNCIL OF THE
CITY
�OF—ED-GEWATER, FLORIDA
Donald A. Schmidt
Mayor
v oK
Robin L. Matuskick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 2nd day of
August, 2004 under Agenda Item No. 6 D .
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"EXHIBIT A"
NOTICE OF LIMITED AD VALOREM REVENUE BOND ELECTION AND
APPROVAL OF CAPITAL IMPROVEMENT PROJECTS ON NOVEMBER 2, 2004
IN THE CITY OF EDGEW A TER, FLORIDA
NOTICE IS HEREBY GIVEN THAT A LIMITED AD VALOREM REVENUE BOND
ELECTION AND APPROVAL OF CAPITAL IMPROVEMENT PROJECTS WILL BE
HELD ON THE 2ND DAY OF NOVEMBER, 2004, IN THE CITY OF EDGEW A TER,
FLORIDA, for the purpose of determining whether or not:
(1) In order to finance the new City Hall, (a) a limited ad valorem revenue bond for the
City of Edge water shall be issued in a principal amount not exceeding $3,200,000, maturing within
thirty (30) years from the date of issuance and bearing interest at an average net interest cost rate
not exceeding 7%, and (b) ad valorem taxes at a maximum millage rate of.41 mill on all taxable
property in the City shall be levied to provide for the repayment of such bond.
(2) In order to finance the renovation of the existing City Hall site, (a) a limited ad
valorem revenue bond for the City of Edge water shall be issued in a principal amount not exceeding
$1,000,000, maturing within thirty (30) years from the date of issuance and bearing interest at a net
interest cost rate not exceeding 7%, and (b), ad valorem taxes at a maximum millage rate of .12 mill
on all taxable property in the City shall be levied to provide for the repayment of such bond.
(3) In order to finance the new Fire Station/Police and Fire Administrative building, (a)
a limited ad valorem revenue bond for the City of Edgewater shall be issued in a principal amount
not exceeding $2,600,000, maturing within thirty (30) years from the date of issuance and bearing
interest at a net interest cost rate not exceeding 7% shall be issued, and (b), ad valorem taxes at a
maximum millage rate of .29 mill on all taxable property in the City shall be levied to provide for
the repayment of such bond.
(4) In order to finance the new Animal Adoption/Rescue Facility, (a) a limited ad
valorem revenue bond for the City of Edge water shall be issued in an amount to yield a construction
fund not to exceed $500,000, maturing within thirty (30) years from the date of issuance and bearing
interest at a net interest cost rate not exceeding 7%, and (b), ad valorem taxes at a maximum millage
rate of .06 mill on all taxable property in the City shall be levied to provide for the repayment of
such bond.
(5) In order to finance renovation of Kennedy Park, (a) a limited ad valorem revenue
bond for the City of Edgewater in a principal amount not exceeding $1,000,000, maturing within
thirty (30) years from the date of issuance and bearing interest at a net interest cost rate not
exceeding 7% shall be issued, and (b), ad valorem taxes at a maximum millage rate of .12 mill on
all taxable property in the City shall be levied to provide for the repayment of such bond.
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Ifall ofthe above Propositions receive a favorable vote, the maximum combined millage rate
increase shall equal LO mill.
The foregoing is more specifically described in Ordinance No. 2004-0-26 adopted by the
City Council on August 2, 2004.
All qualified electors residing within the City of Edgewater, Florida, shall be entitled,
qualified and allowed to vote in said election.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Donald A. Schmidt
Mayor
Ro in L. Matusick
Legal Assistant/Paralega
CERTIFICATE
STATE OF FLORIDA )
COUNTY OF VOLUSIA )SS:
CITY OF EDGEWATER )
I, SUSAN J. WADSWORTH, as City Clerk of the City of Edgewater, Florida, do hereby certify
that the foregoing is a true, correct and complete copy of ORDINANCE NO.2004-0-26 as the same
appears of record at City Hall, City of Edgewater, Florida.
Dated this day of Q& , 2004.
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SUSANJ. WADSWORTH
City Clerk
CITY OF EDGEWATER, FLORIDA
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"EXHIBIT B"
CAPITAL IMPROVEMENT PROJECTS
1. New City Hall
Purchase of existing 15,000 square foot building (Regions Bank) located at intersection
of US 1 and Marion Avenue
Purchase of building
Renovation and upgrade of building
Furniture and audio/visual
$2,000,000
1,000,000
200,000
$3,200,000
2.
Renovation of existing City Hall Site
Demolition and renovation
$1,000,000
3.
New Fire Station/Police and Fire Administration Building
$2,600,000
4.
New Animal Adoption/Rescue Facility
$ 500,000
5.
Renovation of Kennedy Park
$1,000,000
Total of Capital Improvement Projects
$8,300,000
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