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HomeMy WebLinkAbout2006 08 28 Regular 303 Resolution 2006-45 Tuscawilla Lighting COMMISSION AGENDA ITEM 303 REGULAR August 28, 2006 Meeting MGR DEPT Authorization , REQUEST: The Finance Department is requesting that the City Commission Adopt Resolution 2006-45, relating to the Tuscawilla Lighting and Beautification Assessment Area - Phase I. PURPOSE: The purpose of this request is for the City Commission to adopt Resolution 2006-45, relating to the Tuscawilla Lighting and Beautification Assessment Area - Phase I. This Resolution Approves the Assessment Rolls for Phase I of the Tuscawilla Lighting and Beautification District ("TLBD") for Fiscal Year 2006/2007 (Tax Year 2006); Establishes the lien associated with the assessment area; and Directs the City Manager to deliver the Certificate of Assessment Roll to the Seminole County Tax Collector by September 15, 2006. CONSIDERATIONS: . On July 13, 1998, the City Commission adopted Resolution No. 98-704, providing for the creation of assessment areas within the City and authorizing the imposition and collection of special assessments to fund the cost of capital improvements and related services within the City. Section 3.07 of this resolution requires that the City Commission adopt an Annual Local Improvement Assessment Resolution for each fiscal year in which the Local Improvement Assessments will be imposed to approve the Local Improvement Assessment Roll for such year. Section 3.08 requires that the Local Improvement Assessment Roll, as approved by the Annual Local Improvement Assessment Resolution, be certified to the Tax Collector. Resolution No. 99-884 and Resolution No. 99-885, both dated July 12, 1999, established the Tuscawilla Improvement Area and the Tuscawilla Service Area, respectively. Resolution No. 99-887 and Resolution No. 99-888, both dated August 9, 1999, adopted a maximum annual assessment rate of $42.18 per ERU for capital and $67.82 per ERU for maintenance, respectively. . The assessments included in the Fiscal Year 2006-2007 budget are as follows: $40.22 per ERU for capital (no change) and $53.14 per ERU for maintenance (no change) . Regular Agenda Item 303 August 28, 2006 Page 2 of 2 . Government Services Group (GSG) has been contracted to perform the duties associated with the annual determination of capital (debt service) and maintenance assessments for TLBD phase 1. . The final assessment rolls by parcel number and alphabetically by property owner are available in the lobby and the City Clerk's office. . Please note: Neither assessments are at their legal maximums, $40.22 per ERU current charge versus $42.18 per ERU maximum for capital ($1.96 difference) and $53.14 per ERU current charge versus $67.82 maximum for maintenance ($14.68 difference). Due to increases in costs such as electricity as well as inclusion of a portion of the labor costs of the beautification division and the cost to administer the assessment (GSG) and for legal counsel (Nabors, Giblin and Nickerson, P.A.), current charges will need to be increased before adoption of the Fiscal Year 2007/2008 (Tax Year 2007) Final Budget. If these rates need to be raised above the legal maximums, a legal notification process with mailings, advertisements and public hearings will need to occur before they can be increased. All property owners in the TLBD phase I assessment area will be notified. The Fiscal Year 2005/2006 actual expenditures as well as the Fiscal Year 2006/2007 projected expenditures (see attached) shows fund balance being spent each year to maintain current level of services, i.e. debt service payments and maintenance costs. As a result there will be no fund balance left by Fiscal Year 2007/2008 for maintenance costs if the assessment rate is not increased next year. The debt service account was assisted by rolling unspent construction project funds into it in the amount of $52,502 in Fiscal Year 2005/2006. As a result, the debt service (capital assessment) may be sufficient by increasing rate to the maximum of $42.18 per ERU. RECOMMENDATION: It is recommended that the City Commission adopt Resolution 2006-45, relating to the Tuscawilla Lighting and Beautification Assessment Area (Phase I project). ATTACHMENTS: 1. Resolution 2006-45 2. First and Last Page - TLBD Phase I Annual Assessment Roll 2006-2007 3. Certificate to Non-Ad Valorem Assessment Roll- TLBD Phase I 4. Assessment Summary 5. Fiscal Year 2006/2007 Tentative Budget for TLBD Phase I Debt Service Fund 6. Fiscal Year 2006/2007 Tentative Budget for TLBD Phase I Maintenance Fund 7. Fiscal Year 2006/2007 Tentative Budget for TLBD Phase I Capital Fund COMMISSION ACTION: CITY OF WINTER SPRINGS, FLORIDA RESOLUTION NUMBER 2006-45 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, APPROVING ASSESSMENT ROLLS FOR VARIOUS ASSESSMENT AREAS ESTABLISHED PURSUANT TO ORDINANCE NO. 98-704; ESTABLISHING THE LIEN ASSOCIATED THEREWITH; DIRECTING THAT THE ASSESSMENT ROLLS BE CERTIFIED TO THE SEMINOLE COUNTY TAX COLLECTOR; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission (the "Commission") of the City of Winter Springs, Florida, enacted Ordinance No. 98-704 on July 27, 1998 (the "Ordinance"), to provide for the creation of assessment areas and authorize the imposition of special assessments to fund the construction and maintenance of local improvements to serve the property located therein; and WHEREAS, pursuant to the Ordinance, the Commission created and imposed special assessments within the Tuscawilla Improvement Area on August 23, 1999 and the Tuscawilla Service Area on August 23, 1999; and WHEREAS, pursuant to the provisions of the Ordinance, the Commission is required to adopt an "Annual Assessment Resolution" during its budget process for each fiscal year to approve the assessment roll for such fiscal year; and WHEREAS, the Commission deems that this Resolution is in the best interests of the public health, safety and welfare of the citizens of the City of Winter Springs, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. RECITALS. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. SECTION 2. AUTHORITY. This Resolution is adopted pursuant to the Ordinance, Chapter 166, Florida Statutes, and other applicable provisions of law. SECTION 3. DEFINITIONS. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance and the implementing resolutions adopted pursuant thereto. SECTION 4. APPROVAL OF ASSESSMENT ROLLS. The assessment rolls on file with the City Manager for the Tuscawilla Improvement Area and the Tuscawilla Service Area. Pursuant to Section 197.3632, Florida Statutes, each assessment roll shall be certified to the Seminole County Tax Collector prior to September 15, 2006, along with any necessary changes subsequent to the date hereof permitted under Sections 3.12 and 4.12 of the Ordinance and the Uniform Assessment Collection Act. SECTION 5. ASSESSMENT LIENS. Special assessments imposed within the assessment areas listed on the rolls described in Section 4 hereof shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until the ad valorem tax bill for such year is otherwise paid in full pursuant to the Uniform Assessment Collection Act. The lien shall be deemed perfected upon adoption of this Resolution and shall attach to the property included on the assessment roll as of January 1,2006, the lien date for ad valorem taxes. SECTION 6. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution 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. SECTION 8. EFFECTIVE DATE. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. City of Winter Springs Resolution Number 2006-45 Page 2 of3 RESOLVED BY the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled this 28th day of August, 2006. CITY OF FLORIDA WINTER SPRINGS, (SEAL) By: John F. Bush, Mayor ATTEST: By: Andrea Lorenzo-Luaces, City Clerk Approved As To Legal Form And Sufficiency For The City Of Winter Springs Only: By: Anthony A. Garganese, City Attorney City of Winter Springs Resolution Number 2006-45 Page 3 of3 Tuscawilla Improvement and Services Area FY 2006-2007 Annual Assessment Tuscawilla Improvement and Service Area FY 2006-2007 Annual Assessment CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, I am the Chair of the City Commission, or authorized agent of the City of Winter Springs, Florida (the "City"); as such I have satisfied myself that all property included or includable on the Tuscawilla Service and Improvement Areas Non-Ad Valorem Assessment Roll (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 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, 2006. 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 the _ day of , 2006. Tuscawilla Service and Improvement Assessment Area Total Phase I Improvement Assessment Total Parcels 4,206 Phase I Improvement Total Annual Assessment $161,570.79 Phase II Improvement Assessment Total Parcels 2,625 Phase II Improvement Total Annual Assessment .( 42,357.71 Phase I Maintenance Assessment Total Parcels 4,509 Total Phase I Maintenance Annual Assessment $228,446.60 Phase II Maintenance Assessment Total Parcels 4,509 Total Phase II Maintenance Annual Assessment $206,352.00 CITY OF WINTER SPRINGS, FLORIDA By: Chair Winter Springs - Tuscawilla Improvement and Service Assessments Fiscal Year 2006-2007 Summary Improvement Assessment Total ERU's .......... ...................... ........... ........... ....................... 4,017.20 Parcel Count ......... ........................... ...................... ................. 4,206 Total Annual Assessment ................................................ $161,570.79 Total Debt Service ............................... .............. ........ ........ $152,008.78 Total Outstanding Assessment Balance ........................ $2,039,569.33 Total Next Oustanding Assessment Balance ................ $1,989,956.85 Maintenance Assessment Total ERU's ............................................................................. 4,299.00 Parcel Count ...................... ......... ...................... ...................... 4,509 Total Maintenance Assessment ...................................... $228,446.60 Government Services Group, Inc Page 1 of 1 CITY OF WINTER SPRINGS FISCAL YEAR 2006-2007 TENTATIVE BUDGET Annual Capital Assessment - $40.17 per ERU (legal maximum=$42.18 per ERU) Original Projected Account FY 04/05 FY 05/06 FY 05/06 Number Description of Revenues Actual Bud et Actual/Est 363110 Assessment Collections $152,131 $155,185 $155,185 $155.185 361100 Interest Eamed $2,886 $1.200 $1,200 $1.200 361101 Interest Eamed - County $83 $0 $0 $0 369101 Misc. Revenue $5,154 $0 $0 $0 381305 Transfer from TLBD Improvement Fund (#308) $0 $0 $52.502 $52,502 TOTAL TLBD DEBT SERVICE FUND REVENUES $160,254 $156,385 $208,887 $208.887 389100 Appropriation from Fund Balance $290 $2.530 $0 $0 TOTAL TLBD DEBT SERVICE FUND REVENUES AND APPROPRIATIONS FROM FUND BALANCE $160.544 $158,915 $208.887 $208.887 Original Projected Account FY 04/05 FY 05/06 FY 05/06 Number Description of Expenditures Actual Bud et Actual/Est 53130 Trustee Fees $431 $450 $450 $450 53211 Administration Fees $6.200 $6,200 $6,750 $6,750 53410 Billing Services Cost $754 $1,000 $1,000 $1,000 53680 Unrecognized Gain/Loss $195 $0 $0 $0 57110 Debt Service - Principal $45.000 $45,000 $45.000 $45,000 57210 Debt Service - Interest $107,964 $106.265 $106,265 $106.265 TOTAL TLBD DEBT SERVICE FUND EXPENDITURES $160.544 $158.915 $159,465 $159.465 59990 Appropriation to Fund Balance $0 $0 $49,422 $49.422 TOTAL TLBD DEBT SERVICE FUND EXPENDITURES AND APPROPRIATIONS TO FUND BALANCE $160.544 $158,915 $208.887 $208.887 CHANGE IN FUND BALANCE FUND BALANCE - October 1 $106,582 $102.336 $106,292 $106.292 APPROPRIATION TO (FROM) FUND BALANCE $49,422 $49,422 FUND BALANCE - September 30 $106,292 $99,806 $155,714 $155.714 C-25 TLBD 1999 DEBT SERVICE -182 CITY OF WINTER SPRINGS FISCAL YEAR 2006-2007 TENTATIVE BUDGET TLBD MAINTENANCE FUND - 184 Annual Maintenance Assessment Phase I- $53.14 per ERU (legal maximum=$67.82 per ERU) Original Account FY 04/05 FY 05/06 Number Description of Revenues Actual Bud et 363120 Assessment Collections (Phase I) $222,315 $219,000 $219,000 334990 30096 Other State Grants (Dep't of Forestry) $0 $0 $0 361100 Interest $14,138 $0 $0 361101 Interest - County $117 $4,750 $4,750 TOTAL TLBD MAINTENANCE FUND REVENUES $236,570 $223,750 $223,750 $239,663 389100 Appropriation from Fund Balance $94,285 $146,250 $146,800 TOTAL TLBD MAINTENANCE FUND REVENUES AND APPROPRIATIONS FROM FUND BALANCE $330,855 $370 000 $370,550 Original Projected Account FY 04/05 FY 05/06 FY 05/06 Number Description of Expenditures Actual Bud et Actual/Est 53180 Consultant Services $0 $2,000 $2,000 $0 53211 Assessment Services $6,200 $6,200 $6,750 $6,750 53410 Contractual Services Cost $1,067 $1,200 $1,200 $1 ,200 53411 Bank Service Charges $0 $0 $0 $0 54310 Utility Services $38,808 $40,000 $40,000 $40,000 54330 Street Lighting $41,772 $50,000 $50,000 $42,000 54682 Repairs & Maint - Grounds $161,444 $0 $0 $0 54686 Repairs & Maint - Landscape $2,813 $150,000 $150,000 $140,000 54693 Repairs & Maint - Fountains $11,271 $30,000 $30,000 $12,000 54695 Repairs & Maint - Signs & Walls $24,703 $30,000 $30,000 $18,000 55230 Clerk Supplies $0 $100 $100 $0 59130 Transfer to General Fund - Insurance $8,019 $6,000 $6,000 $5,173 59130 Transfer to General Fund - Clerk Fees' $3,800 $3,800 $3,800 $3,800 59130 Transfer to Gen.Fund - Beautification $30,000 $39,500 $39,500 $39,500 59310 Statutory Reserve $0 $11,200 $11,200 $11,200 TOTAL TLBD MAINTENANCE FUND EXPENDITURES $330,855 $370,000 $370,550 59990 Appropriation to Fund Balance $0 $0 $0 TOTAL TLBD MAINTENANCE FUND EXPENDITURES AND APPROPRIATIONS TO FUND BALANCE $330,855 $370,000 $370,550 CHANGE IN FUND BALANCE FUND BALANCE. October 1 $438,501 $304,482 $344,216 APPROPRIATION TO (FROM) FUND BALANCE FUND BALANCE - September 30 $344,216 $158,232 $197,416 . = Clerk time 16 hours per month at $20/hr (includes benefits) C-27 CITY OF WINTER SPRINGS FISCAL YEAR 2006-2007 TENTATIVE BUDGET TLBD IMPROVEMENT FUND - 308 Original Projected Account FY 04/05 FY 05/06 FY 05/06 Number Description of Revenues Actual Bud et Actual/Est 361100 Interest Eamed $1,465 $200 $0 381305 Transfer from TLBD Fund (Improv. Phase II ) $0 $0 $44,675 TOTAL TLBD IMPROVEMENT FUND REVENUES $1 ,465 $200 $44,675 389100 Appropriation from Fund Balance $31,389 $0 $19,748 TOTAL TLBD IMPROVEMENT FUND REVENUES AND APPROPRIATIONS FROM FUND BALANCE $32,854 $200 $64,423 Original Projected Account FY 04/05 FY 05/06 FY 05/06 Number Description of Expenditures Actual Bud et Actual/Est 53211 Administrative Fees - Phase II $32,755 $0 $11,921 59193 Transfer to TLBD Debt Service Phase I #182 $0 $0 $52,502 TOTAL TLBD IMPROVEMENT FUND EXPENDITURES $32,854 $0 $64,423 59990 Appropriation to Fund Balance $0 $200 $0 TOTAL TLBD IMPROVEMENT FUND EXPENDITURES AND APPROPRIATIONS TO FUND BALANCE $32,854 $200 $64,423 CHANGE IN FUND BALANCE FUND BALANCE - October 1 $51,137 $20,052 $19,748 APPROPRIATION TO (FROM) FUND BALANCE $200 FUND BALANCE - September 30 $19,748 $20,252 C-28 ; . , CITY OF WINTER SPRINGS, FLORIDA RESOLUTION NUMBER 2006-45 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, APPROVING ASSESSMENT ROLLS FOR VARIOUS ASSESSMENT AREAS ESTABLISHED PURSUANT TO ORDINANCE NO. 98-704; ESTABLISHING THE LIEN ASSOCIATED THEREWITH; DIRECTING THAT THE ASSESSMENT ROLLS BE CERTIFIED TO THE SEMINOLE COUNTY TAX COLLECTOR; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission (the "Commission") of the City of Winter Springs, Florida, enacted Ordinance No. 98-704 on July 27, 1998 (the "Ordinance"), to provide for the creation of assessment areas and authorize the imposition of special assessments to fund the construction and maintenance of local improvements to serve the property located therein; and WHEREAS, pursuant to the Ordinance, the Commission created and imposed special assessments within the Tuscawilla Improvement Area on August 23, 1999 and the Tuscawilla Service Area on August 23, 1999; and WHEREAS, pursuant to the provisions of the Ordinance, the Commission is required to adopt an "Annual Assessment Resolution" during its budget process for each fiscal year to approve the assessment roll for such fiscal year; and WHEREAS, the Commission deems that this Resolution is in the best interests of the public health, safety and welfare of the citizens of the City of Winter Springs, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. RECITALS. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. , SECTION 2. AUTHORITY. This Resolution is adopted pursuant to the Ordinance, Chapter 166, Florida Statutes, and other applicable provisions of law. SECTION 3. DEFINITIONS. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance and the implementing resolutions adopted pursuant thereto. SECTION 4. APPROVAL OF ASSESSMENT ROLLS. The assessment rolls on file with the City Manager for the Tuscawilla Improvement Area and the Tuscawilla Service Area. Pursuant to Section 197.3632, Florida Statutes, each assessment roll shall be certified to the Seminole County Tax Collector prior to September 15, 2006, along with any necessary changes subsequent to the date hereof permitted under Sections 3.12 and 4.12 of the Ordinance and the Uniform Assessment Collection Act. SECTION 5. ASSESSMENT LIENS. Special assessments imposed within the assessment areas listed on the rolls described in Section 4 hereof shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until the ad valorem tax bill for such year is otherwise paid in full pursuant to the Uniform Assessment Collection Act. The lien shall be deemed perfected upon adoption of this Resolution and shall attach to the property included on the assessment roll as of January I, 2006, the lien date for ad valorem taxes. SECTION 6. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution 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 ofthe remaining portion hereto. SECTION 8. EFFECTIVE DATE. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. City of Winter Springs, Florida Resolution Number 2006-45 Page 2 of3 . RESOLVED BY the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled this 28th day of August, 2006. (SEAL) CITY OF WINTER SPRINGS, FLORIDA BY:~~~ John. Bush, Mayor ATTEST~ B App~ ve As To Legal Form And ,Sufficien For The City Of Winter pri gs Only: By: Anthony A. Garganese, City Attorney City of Winter Springs, Florida Resolution Number 2006-45 Page 3 of3