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2004-O-28 , ,... ....", ORDINANCE NO. 2004-0-28 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA; ESTABLISHING A MILLAGE RATE FOR AD VALOREM TAXES FOR THE CITY OF EDGEWATER FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2004, AND ENDING SEPTEMBER 30, 2005, 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 T AXES; 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 V olusia County Property Appraiser dated July 1, 2004, 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 2004; and 2. In order to provide the revenue necessary for the operation of the City for its Fiscal Year beginning October 1,2004, and ending September 30, 2005, the City Council ofthe City of Edgewater has determined the rate of ad valorem tax levy that must be assessed for the year 2004; and 3. The provisions of Chapter 200 ofthe Florida Statutes prescribing the method of fixing millage have been complied with; NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida as follows: StltlGk tluotlgl. passages are deleted. Underlined passages are added. 2004-0-28 1 -- ..."", 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. SECTION 2. Millage Levy. 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, 2004 and ending September 30, 2005, at the rate of $6.45 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 2.59%, such percentage increase being characterized as the percentage increase in property taxes adopted by the City Council of the City of Edgewater. SECTION 4. Millage Adjustment. 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 5. Collection of Taxes. The tax shall be collected by the V olusia County Tax Collector, subject to discounts prescribed by law, and distributed to the City in accordance with Florida law. SECTION 6. 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. StJ I1Gk tIdol1~h passages are deleted. Underlined passages are added. 2004-0-28 2 ~ ..""" SECTION 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. SECTION 8. Adoption. After Motion by Councilwoman Lichter and Second by Councilman Brown, the vote on the first reading of this ordinance held on September 13,2004, was as follows: After Motion by Councilwoman Rhodesand Second by Counc ilman 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 StltlGk tluotlgh passages are deleted. Underlined passages are added. 2004-0-28 3 C PASSED AND DULY ADOPTED this 27th day of September, 2004. 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 Shack d rough passages are deleted. Underlined passages are added. CITY COUNCIL OF THE CITY OF EDDGE/JWAATT�ER, FLORIDA Donald A. Schmidt Mayor Robin L. Mat tsick Legal Assistant/Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 27th day of September, 2004 under Agenda Item No. 1 2004-0-28