HomeMy WebLinkAbout2006 08 28 Regular 304 Resolution 2006-46 Tuscawilla Lighting Phase II
COMMISSION AGENDA
ITEM 304
REGULAR
August 28, 2006
Meeting
MGR DEPT
Authorization
REQUEST: The Finance Department is requesting that the City Commission Adopt
Resolution 2006-46, relating to the Tuscawilla Lighting and Beautification.
Assessment Area - Phase II.
PURPOSE: The purpose of this request is for the City Commission to adopt Resolution 2006-46,
which Approves the Assessment Rolls for Phase II of the Tuscawilla Lighting and
Beautification District ("TLBD") for Fiscal Year 200612007 (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. 2005-40 dated October 10, 2005, established the Phase II
Tuscawilla Improvement Area and the Tuscawilla Service Area. Resolution No.
2005-43 dated November 14, 2005, adopted a maximum annual assessment rate of
$17.00 per ERU for capital and $48.00 per ERU for maintenance.
. The assessments included in the Fiscal Year 2006-2007 budget are as follows:
$17.00 per ERU for capital and $48.00 per ERU for maintenance.
Regular Agenda Item 304
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 II.
. 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: Both assessments are at their legal maximums, $17.00 per ERU for
capital and $48.00 per ERU for maintenance. If the costs increase in the future,
these rates will need to be raised above the legal maximums and a legal
notification process with mailings, advertisements and public hearings will need to
occur before these assessments can be increased. All property owners in the TLBD
phase II assessment area would be notified.
. The City may want to consider combining the TLBD phase I capital and
maintenance assessments with the TLBD phase II capital and maintenance
assessments into one capital and one maintenance assessment covering both
construction projects for ease of administration.
RECOMMENDATION:
It is recommended that the City Commission adopt Resolution 2006-46, relating to the
Tuscawilla Lighting and Beautification Assessment Area (Phase II project).
ATTACHMENTS:
1. Resolution 2006-46
2. First and Last Page - TLBD Phase II Annual Assessment Roll 2006-2007
3. Certificate to Non-Ad Valorem Assessment Roll- TLBD Phase II
4. Assessment Summary
5. Fiscal Year 2006/2007 Tentative Budget for TLBD Phase II Debt Service Fund
6. Fiscal Year 2006/2007 Tentative Budget for TLBD Phase II Maintenance Fund
7. Fiscal Year 2006/2007 Tentative Budget for TLBD Phase II Capital Fund
COMMISSION ACTION:
CITY OF WINTER SPRINGS, FLORIDA
RESOLUTION NUMBER 2006-46
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; AND 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 (Phase II) Assessment Area on November 14,
2005; 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 (Phase II) Assessment Area are hereby
approved. 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 2006-46
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 2006-46
Page 3 of3
Tuscawilla Phase II Improvement and Survlce Arua
FY 2006-2007
Tuscawilla Phase II 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 Phase II Improvement and Service Assessment
Fiscal Year 2006-2007 Summary
Improvement Assessment
Total ERU's ............................................................................. 2,491.63
Parcel Count ............................................................................ 2,625
Total Annual Assessment ................................................ $42,357.71
Total Debt Service ............................................................. $33,535.00
Total Outstanding Assessment Balance ........................ $343,595.78
Total Next Oustanding Assessment Balance ................ $329,095.22
Maintenance Assessment
Total ERU's ... ...... .................. ...................... ......... ................... 4,299.00
Parcel Count ... .......... ..... .................. ............................... ........ 4,509
Total Maintenance Assessment ...................................... $206,352.00
Government Services Group, Inc
Page 1 of 1
CITY OF WINTER SPRINGS
FISCAL YEAR 2006-2007 TENTATIVE BUDGET
Annual Capital Assessment Phase 11- $17.00 per ERU (legal maximum=$17.00 per ERU)
TLBD DEBT SERVICE PHASE II - 213
Original Projected
Account FY 04/05 FY 05/06 FY 05/06
Number Description of Revenues Actual Bud et Actual/Est
363110 Assessment Collections $0 $0 $0
363300 Prepaid Assessments $0 $0 $94,523
TOTAL TLBD DEBT SERVICE FUND REVENUES $0 $0 $94,523
389100 Appropriation from Fund Balance $0 $0 $0
TOTAL TLBD DEBT SERVICE FUND REVENUES
AND APPROPRIATIONS FROM FUND BALANCE $0 $0 $94,523
Original Projected
Account FY 04/05 FY 05/06 FY 05/06
Number Description of Expenditures Actual Bud et Actual/Est
53211 Administration Fees $0 $0 $0
53410 Contractual Services $0 $0 $0
57110 Debt Service - Principal $0 $0 $94,283
57210 Debt Service - Interest $0 $0 $240
TOTAL TLBD DEBT SERVICE FUND EXPENDITURES $0 $0 $94,523
59990 Appropriation to Fund Balance $0 $0 $0
TOTAL TLBD DEBT SERVICE FUND EXPENDITURES AND
APPROPRIATIONS TO FUND BALANCE $0 $0 $94,523 $94
CHANGE IN FUND BALANCE
FUND BALANCE - October 1 $0 $0 $0
APPROPRIATION TO (FROM) FUND BALANCE $0 $0 $0
FUND BALANCE - September 30 $0 $0 $0
C-26
CITY OF WINTER SPRINGS
FISCAL YEAR 2006.2007 TENTATIVE BUDGET
Annual Maintenance Assessment Phase II . $48.00 per ERU (legal maximum=$48.00 per ERU)
Original Projected
Account FY 04/05 FY 05/06 FY 05/06
Number Description of Revenues Actual Bud et Actual/Est
363120 Assessment Collections (Phase II) $0 $0 $0 $0
361100 Interest $0 $0 $0 $0
361101 Interest - County $0 $0 $0 $0
TOTAL TLBD PHASE II MAINT FUND REVENUES $0 $0 $0 $0
389100 Appropriation from Fund Balance $0 $0 $0 $0
TOTAL TLBD PHASE II MAINT FUND REVENUES
AND APPROPRIATIONS FROM FUND BALANCE $0 $0 $0 $0
Original Projected
Account FY 04/05 FY 05/06 FY 05/06
Number Description of Expenditures Actual Bud et Actual/Est
54330 Street Lighting $0 $0 $0 $0
59310 Statutory Reserve $0 $0 $0 $0
TOTAL TLBD PHASE II MAl NT FUND EXPENDITURES $0 $0 $0 $0
59990 Appropriation to Fund Balance $0 $0 $0 $0
TOTAL TLBD PHASE II MAINT FUND EXPENDITURES
AND APPROPRIATIONS TO FUND BALANCE $0 $0 $0 $0
CHANGE IN FUND BALANCE
FUND BALANCE. October 1 $0 $0 $0 $0
APPROPRIATION TO (FROM) FUND BALANCE $0 $0 $0 $0
FUND BALANCE. September 30 $0 $0 $0 $0
. = Clerk time 16 hours per month at $20/hr (includes benefits)
C-27b
TLBD PHASE II MAINTENANCE FUND. 185
CITY OF WINTER SPRINGS
FISCAL YEAR 2006-2007 TENTATIVE BUDGET
Original Projected
Account FY 04/05 FY 05/06 FY 05/06
Number Descriotion of Revenues Actual Bud et Actual/Est
361100 Interest Earned $0 $0 $0 $0
363300 Prepaid Assessments $0 $0 $135,000 $135,000
384200 Bond Proceeds $0 $0 $430,000 $430,000
TOTAL TLBD IMPROVEMENT FUND REVENUES $0 $0 $565,000 $565,000
389100 Appropriation from Fund Balance $0 $0 $0 $0
TOTAL TLBD IMPROVEMENT FUND REVENUES AND
APPROPRIATIONS FROM FUND BALANCE $0 $0 $565,000 $565,000
Original Projected
Account FY 04/05 FY 05/06 FY 05/06
Number Descriotion of Exoenditures Actual Bud et Actual/Est
57310 Bond Issuance Costs $0 $0 $20,000 $20,000
59125 Transfer to Other Funds (TLBD Imp Phase I) $0 $0 $44,675 $44,675
65000 30105 CIP - Signage $0 $0 $0 $0
65000 30106 CIP - Lighting $0 $0 $180,000 $180,000
TOTAL TLBD IMPROVEMENT FUND EXPENDITURES $0 $0 $244,675 $244,675
59990 Appropriation to Fund Balance $0 $0 $320,325 $320,325
TOTAL TLBD IMPROVEMENT FUND EXPENDITURES
AND APPROPRIATIONS TO FUND BALANCE $0 $0 $565,000 $565,000
CHANGE IN FUND BALANCE
FUND BALANCE - October 1 $0 $0 $0 $0
APPROPRIATION TO (FROM) FUND BALANCE $0 $0 $320,325 $320,325
FUND BALANCE - September 30 $0 $0 $320,325 $320,325
C-29
TLBD IMPROVEMENT FUND (PHASE 11)- 313
.,
CITY OF WINTER SPRINGS, FLORIDA
RESOLUTION NUMBER 2006-46
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;
AND 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 (Phase II) Assessment Area on November 14,
2005; 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 (Phase II) Assessment Area are hereby
approved. 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, Florida
Resolution Number 2006-45
Page 2 00
RESOL VED 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:~lc~
Jo . Bush, Mayor
Appr ed As To Legal Form
And Suffi. cy For The City
Of Win r Sings Only:
By:
Anthony A. Garganese, City Attorney
. City of Winter Springs, Florida
Resolution Number 2006-45
Page 3 of3
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 28th day of Auqust, 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
By:
TER S~~N~IDA