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Home My WebLink About1999 09 13 Public Hearings Item E COMMISSION AGENDA ITEM E Consent Informational Public Hearings X Regular September 13. 1999 Regular Meeting Mgr. / Dept. Authorization E. City Manager Requesting Approval Of Resolution #890 - Tuscawilla Improvement Area And Tuscawilla Service Area Amended Final Assessment Resolution. COMMISSION AGENDA CONSENT INFORMATIONAL ITEM PUBLIC HEARING X REGULAR September 13, 1999 MGR /DEPT ./.# Meeting Authorization REQUEST: City Manager Requesting Approval of Resolution #890 — Tuscawilla Improvement Area and Tuscawilla Service Area Amended Final Assessment Resolution PURPOSE: The purpose of this Board item is to request approval of Resolution #890 — "Tuscawilla Improvement Area and Tuscawilla Service Area Amended Final Assessment Resolution ". • CONSIDERATIONS: This item is a continuation of Public Hearing Item G which was defered on August 23` after the opening and closing of the public hearing. The amended rolls are now available in the lobby. This resolution is needed to correct a data processing error that occurred with regard to the notice mailed July 19, 1999. The resolution explains the procedures taken to remedy this situation and approves the Corrected Tuscawilla Local Improvement and Service Assessment Roll. The roll also incorporates the reduction for condominiums and townhouses from 1.0 ERU to 0.6 ERU in Tuscany Place, Chelsea Park, and Woodstream. RECOMMENDATION: It is recommended that Resolution #890 — "Tuscawilla Improvement Area and Tuscawilla Service Area Amended Final Assessment Resolution" be approved. ATTACHMENTS: 1. Resolution #890 • COMMISSION ACTION: ATTACHMENT NO. 1 • RESOLUTION NO. 99- 890 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE CONSTRUCTION AND FUNDING OF LOCAL IMPROVEMENTS WITHIN THE TUSCAWILLA IMPROVEMENT AREA AND PROVISION OF RELATED SERVICES in THE TUSCAWILLA SERVICE AREA; APPROVING THE CORRECTED TUSCAWILLA LOCAL IMPROVEMENT ASSESSMENT ROLL; APPROVING THE CORRECTED TUSCAWILLA SERVICE ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of Winter Springs (the "Commission "), Florida, • enacted Ordinance No. 98 -704 on July 27, 1998 (the "Ordinance "), to provide for the imposition of special assessments to fund the construction of Local Improvements to benefit the property located within the Tuscawilla Improvement Area; and WHEREAS, on August 9, 1999, the Commission adopted Resolution No. 99 -887, the Final Local Improvement Assessment Resolution, amending and confirming Resolution No. 99 -884; confirming the property to be located within the Tuscawilla Improvement Area and the Local Improvements to be provided therein; imposing the Tuscawilla Local Improvement Assessments against the property within the Tuscawilla Improvement Area; and approving the Tuscawilla Local Improvement Assessment Roll; and WHEREAS, on August 9, 1999, the Commission adopted Resoluti.on No. 99 -888, • the Final Related Service Assessment Resolution, amending and confirming Resolution 1 No. 99 -885; confirming the property to be located within the Tuscawilla Service Area; imposing the Tuscawilla Service Assessments against the property within the Tuscawilla Service Area; and approving the Tuscawilla Service Assessment Roll; and WHEREAS, due to a data processing error, the notice mailed July 19, 1999 contained incorrect information regarding the proposed assessment amount for certain parcels and a corrective notice with the proper amounts has heretofore been mailed; and WHEREAS, the Tuscawilla Local Improvement Assessment Roll and the Tuscawilla Service Assessment Roll heretofore adopted August 9, 1999 have now been updated to reflect the corrected amounts for certain parcels; WHEREAS, those Tax Parcels effected by the data processing error have been • notified of the error and given the opportunity to be heard at the public hearing held on August 9, 1999 and an additional opportunity to be heard on August 23, 1999 as required by the terms of the Ordinance; the affidavit of mailing is attached hereto as Appendix A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: • SECTION 1. AUTHORITY. This resolution is adopted pursuant to the Ordinance, Chapter 166, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This resolution is an Amending Assessment Resolution as permitted in the Ordinance. All capitalized terms in this resolution shall have the meanings defined in the Ordinance, the Initial Local Improvement Assessment Resolution and the Initial Related Service Assessment Resolution. 2 • SECTION 3. APPROVAL OF CORRECTED TUSCAWILLA LOCAL IMPROVEMENT ASSESSMENT ROLL. The Tuscawilla Local Improvement Assessment Roll as adopted on August 9, 1999, is hereby replaced with the approved Corrected Tuscawilla Local Improvement and Service Assessment Roll which is attached as Appendix B and incorporated herein by reference. SECTION 4. APPROVAL OF CORRECTED TUSCAWILLA SERVICE ASSESSMENT ROLL. The Tuscawilla Service Assessment Roll as adopted on August 9, 1999, is hereby replaced with the approved Corrected Tuscawilla Local Improvement and Service Assessment Roll which is attached as Appendix B and incorporated herein by reference. 411 SECTION 5. CERTIFICATION AND DELIVERY OF ASSESSMENT ROLLS. The City Manager is hereby authorized and directed to certify and deliver or cause the certification and delivery of the Corrected Tuscawilla Local Improvement Assessment Roll and the Corrected Tuscawilla Service Assessment Roll to the Tax Collector by September 15, in the manner prescribed by section 197.3632, Florida Statutes. The assessment rolls, as delivered to the Tax Collector, shall be accompanied by a Certificate to Non -Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix C. SECTION 6. EFFECT OF AMENDING ASSESSMENT RESOLUTION. The adoption of this Amending Assessment Resolution shall be the final adjudication of the issues presented herein unless proper steps are initiated in a court of competent • 3 • jurisdiction to secure relief within 20 days from the date of Commission action on this Amending Assessment Resolution. SECTION 7. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption, this 23rd day of August, 1999. CITY OF WINTER SPRINGS, FLORIDA (SEAL) By: Paul P. Partyka Mayor _ _ ATTEST: • Margo Hopkins City Clerk APPROVED AS TO FORM: Frank C. Kruppenbacher City Attorney • • 4 • APPENDIX A AFFIDAVIT OF MAILING • • • AFFIDAVIT OF MAILING STATE OF FLORIDA COUNTY OF LEON BEFORE ME, the undersigned authority, personally appeared Camille S. Gianatasio, who, after being duly sworn, deposes and says: 1. I, Camille S. Gianatasio, have been designated by the City Manager of Winter Springs, Florida, to mail the notices required by Sections 3.12 and 4.12 of Ordinance No. 98 -704, enacted by the City of Winter Springs, Florida, on J019 27, 1998. 2. On or before August 2, 1999, 1 mailed, or directed the mailing of, a notice in accordance with Sections 3.12 and 4.12 of Ordinance No. 98 -704, enacted by the City of Winter Springs, Florida, on July 12, 1999, by first class mail, to each affected owner of property, who received a notice on July 19, 1999 containing incorrect assessment information, within the Tuscawilla Improvement Area and the Tuscawilla Service Area in conformance with the requirements of Ordinance No. 98 -704, enacted by the City of Winter Springs, Florida, on July 27, 1998, at the address shown on the real property - assessment tax roll maintained by the Seminole County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. FURTHER AFFIANT SAYETH NOT. Camille S. Gianatasio • A -1 • Ill STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me by Camille S. Gianatasio, who is personally known to me or who has produced as identification and did (did not) take an oath. WITNESS, my hand and official seal this day of , 1999. Signature of person taking acknowledgment Name of acknowledger (printed) II) My commission expires: • A -2 APPENDIX B CORRECTED TUSCAWILLA LOCAL IMPROVEMENT AND SERVICE ASSESSMENT ROLL • • • APPENDIX C FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL • • • CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL HEREBY CERTIFY that, I am the Mayor of the City of Winter Springs, Florida (the "City"); as such I have satisfied myself that all property included or includable on the non-ad valorem assessment roll for Tuscawilla local improvements (the "Non -Ad Valorem Assessment Roll ") for the City is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non -ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non -Ad Valorem Assessment Roll will be delivered to the Seminole County Tax Collector by September 15, 1999. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Seminole County Tax Collector and made part of the above described Non -Ad Valorem Assessment Roll this day of , 1999. CITY OF WINTER SPRINGS, FLORIDA 1111 By: Paul P. Partyka Mayor [to be delivered to Tax Collector prior to September 15] • C -1