HomeMy WebLinkAbout2001 04 23 Regular F Resolution 2001-12 Tuscawilla Local Improvement Assessments
April 23, 2001
Regular Agenda Item Add-On "F "
Page I of 1
COMMISSION AGENDA
ADD-ON
ITEM F
Consent
Informational
Public Hearing
Re~ular X
Apri123,2001
Meeting
M~.V:
Authorization
Dept.
REQUEST: City Manager requesting the Commission to approve Resolution 2001-12
amending Section 8 of City Resolution No. 99-887 and Section 3.06 of Resolution No. 99-
884 ratifying the levying of previously levied Tuscawilla Local Improvement Assessments.
PURPOSE: This agenda item is needed to cure language in Resolution 99-887 and 99-884 for
the proper issuance of bonds to fund improvements for the Tuscawilla Lighting and
Improvement District.
CONSIDERATIONS:
On July 27, 1998 the Commission authorized Ordinance No. 98-704 providing for the use of
assessments to fund improvements to property.
On August 9, 1999 the Commission adopted Resolution No. 99-887 for the Final Local
Improvement Assessment Resolution imposing assessments for improvements in the Tuscawilla
Lighting and Beautification District as further provided in Resolution No. 99-884.
Subsequently and in accordance with Resolution No. 99-887 the city levied and collected
assessments from the district to fund improvements. Relatedly, the Commission approved the
issuance of debt obligations to pay for the improvements.
Resolution No. 99-887 and 99-884 provides that assessments would be levied only for Fiscal
Years in which the debt obligations are outstanding.
April 23, 200 I
Regular Agenda Item Add-On "F"
Page 2 of2
The litigation against the assessment district delayed the issuance of improvement bonds in
Fiscal Year 2000 resulting in assessments being collected but bonds not being issued; a violation
of Resolution of Resolutions No. 99-887 and 99-884 as written.
Therefore, the Commission needs to ratify its action to levy and collect improvement
assessments in Fiscal Year 2000 in which assessments were collected but in which bonds were
not issued due to litigation.
FUNDING: No funding request for this action.
RECOMMENDATION:
It is recommended that the Commission approve Resolution No. 2001-12
ATTACHMENTS: Resolution No. 2001-12
COMMISSION ACTION:
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RESOLUTION NO. 2001-12
A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA,
AMENDING SECTION 8 OF CITY RESOLUTION NO. 99-887, AND SECTIONS
3.02 AND 3.06 OF CITY RESOLUTION NO. 99-884 BY APPROVING AND
RATIFYING THE LEVYING BY THE CITY OF THE PREVIOUSLY LEVIED
TUSCA WILLA LOCAL IMPROVEMENT ASSESSMENTS 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 (the "Assessments"); 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 (collectively the "Resolution"); 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, pursuant to the authority granted in the Ordinance and the Resolution the
City has previously levied Assessments and accepted as provided in the Ordinance and the
Resolution prepayment of certain Assessments; and
WHEREAS, certain sections of the Resolution referred to in the title hereof provide that
the Assessments would be levied and imposed only for Fiscal Years in which the Obligations (as
defined in the Resolution) were outstanding; and
WHEREAS, due to a challenge to the validation of the Obligations and the Assessments,
which challenge has been n:solved in favor of the City the issuance of the Obligations was
deferred; and - -
WHEREAS, it is in the best interest of the City and its residents that all prior
levying of the Assessments be ratified and approved.
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 oflaw.
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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 and the Resolution.
SECTION 3. APPROVAL OF LEVYING OF ASSESSMENTS. All prior levying of
the Assessments is hereby approved and ratified and all provisions of the Resolution inconsistent
with such approval and ratification are hereby amended to reflect such approval and ratification.
. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon it
adoptio~::t1ilis 23rd day of April 2001.
'(SEAL)
ATTEST:
-',
APPROVED AS TO FORM
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Anthony A. Garganese '__
City Attorney
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