HomeMy WebLinkAbout2000 08 28 Regular C Resolution 2000-28 Assessments for TLBD
City Manager Department
I Agenda Item
August 28, 2000
C:OMMISSION AGENDA
ITEM C
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
8-28-00
Meeting
MGR. ~DEPT
Authorization
REQUEST: The City Manager requesting the Commission to consider adoption of
Resolution #2000-28 providing for parcels within the Tuscawilla Lighting and
Beautification District to be assessed at $0.00 for the tax year 2001.
PURPOSE: The purpose of this agenda item is for the Commission to determine the rate
of assessments for tbe Tuscawilla Lighting and Beautification District for tax year 2001.
CONSIDERATION: On August 9, 1999, the Commission adopted Resolutions 887 and
888 setting the asseSBment rates for the District as follows:
Capital
Services
Total
$ 42.18 Per ERU
$ 67.82 Per ERU
$110.00 Per ERU
Capital Prepayments
$ 542.66
The properties were assessed according to the resolution resulting in the following
collections:
Capital
Operating
Total
$ 162,308.03
$ 277.437.13
$ 439,745.16
Capital Prepayments
$ 153,058.64
City Manager Department
Agenda Item
August 28, 2000
On January 28, 2000 the Circuit Court failed to validate bonds associated with the project
putting implementation of the project on hold and resulting in the validation being appealed
to the Florida Supreme Court.
The litigation raises the question as to the advisability of assessing the district in tax year
2001 since no work was performed in tax year 2000 for which to spend the collected
assessments.
If the Supreme Court rules in the city's favor there are sufficient funds available from the tax
year 2000 assessments to fund capital and service related activities for tax year 2001 without
any additional assessments.
If the court rules :~gainst the city, no work can be performed until such time that the
methodology is amended consistent with the decree of the court.
For these reasons staff and the city's consultants believe the best alternative for the city
would be to assess the parcels of the district at $0.00 for tax year 2001.
This alternative would demonstrate that the district is still legally in effect but not requiring
any additional funds for tax year 2001.
FUNDING: None required.
RECOMMENDA.TION: It is recommended that the Commission adopt Resolution #
2000-28 assessing dle Tuscawilla Lighting and Beautification District at $0.00 for tax year
2001.
ATTACHMENTS:
A. Resolution # 2000-28.
B. City Attorney Letter of August 15, 2000.
COMMISSION ACTION:
RESOLUTION 2000-28
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA ASSESSING THE PARCELS
LOCATED WITHIN THE TUSCAWILLA. LIGHTING AND
BEAUTIFICATION DISTRICT AT ZERO ($0.00) FOR THE TAX
YEAR 2001; PROVIDING FOR SEVERABIUTY; PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS;
AND PROVIDING AN EFFECfrVE DATE.
WHEREAS, due to the pending litigation before the Florida Supreme Court
regarding the Tuscawilla Lighting and Beautification District, (fLED) scheduled for oral
arguments on October 6, 2000, the City Conunission of Winter Springs finds dLlt it is in the
best interest of the City of Winter Springs and the tax parcel owners located in the TLBD to
assess the tax parcel owners at $0.00.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, AS ]FOLLOWS:
Section 1. TLBD A'i!sessment: The Tuscawilla Lighting and Beautification District (I1..BD)
assessment for tax year 2001 is hereby set at zero and no/l00 dollars (50.00). The City Manager is hereby
directed to provide a copy of this resolution to the Tax Collector of Seminole County. The ILBD
assessment shall appear on the tax bill for tax year 2001 at $0.00.
Section 2: Programming Costs. In the event dlere is a computer progranuning charge by the Ta..x
Collector to assess the TLBD at $0.00, the City Manager is hereby audlorized to pay said programming
charge if deemed reasonable by the City Manager.
Section 3 Severabilit~ Should any section or provision of this resolution be declared by a court of
competent jurisdiction to be inv-alid, such decision shall not affect the v'ilidity of dIe remainder hereto.
Section 4 Repeal oCPrior Inconsistent Resolution. All prior inconsistent resolutions are hereby
repealed to the extent of the conflict.
Section 5 Effective Date. This resolution shall be effective upon adoption by the City Commission of
the City of Winter Springs.
RESOLVED by dle City Conunission of the City 0
assembled on the 28th day of August 2000.
A"l~EST k
i !l~, '~j /J
\. --Li ~ '--' ~ /,;J
~ea Lorenzo-Lu ces, City Clerk
Paul P. Partyka, Mayor
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR ' ~ CITY OF WINTER SPlUNGS ONLY:
;? /)/N
se, ({it)! Attorney