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HomeMy WebLinkAbout2002 07 22 Consent C Resolution 2002-25 Non-Ad Valorem Tax Assessment for Streetlights COMMISSION AGENDA ITEM C CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR Tilly 22, 2002 Meeting MGR~ /DEPT. ~ A IIthori 7,ation REQUEST: The Finance Department is requesting the Commission approve Resolution No. 2002-25 to proceed with the Non-Ad Valorem Tax Assessment for Streetlighting within the Country Club Village Subdivision. PURPOSE: The purpose of this Commission item is to request approval of Resolution No. 2002-25 to proceed with the process required to add a Non-Ad Valorem Tax Assessment to the Property Tax Statement, notice each property owner in writing and advertise the Public Hearing. CONSIDERATIONS: A. Country Club Village homeowners requested the City establish a Streetlighting District for the purpose of assessing each property owner a pro-rated share of the streetlighting costs. The City Commission enacted Ordinance No. 545 establishing the maintenance district. B. Prior to the establishment of the Non-Ad Valorem Assessment which first appeared on the November 1995 tax statement, the streetlighting for Country Club Village was billed on the Utility bill. FUNDING: A. The cost of this assessment has no direct bearing on the Revenues and Expenditures of the City's budget. The Revenues and Expenditures offset each other and are recorded in Fund 106 of the Other Governmental Funds Budget. FY02 FY03 Assessments $31.02 $35.37 RECOMMENDATION: 1. Recommended Action of the City Commission is to approve the request to proceed with the assessment process. IMPLEMENTATION SCHEDULE: Date Responsible Party Action July 22, 2002 Commission Adoption of Resolution No. 2002-25 (consent). July 23, 2002 Finance Director Preparation of Preliminary Assessment Roll and file wi Clerk. July 23, 2002 Finance Director Notice in writing of Public Hearing to be sent to owners 20 days prior to Public Hearing (letters to owners sent first class mail). July 30, 2002 Finance Director Publish Notice of Public Hearing and Resolution No. 2002-25 in a newspaper of general circulation (publish twice - a week apart - first publication). August 6, 2002 Finance Director Publish Notice of Public Hearing and Resolution No. 2002-25 in a newspaper of general circulation (publish twice - a week apart - second publication). Publish 20 days prior to Public Hearing. August 26, 2002 Commission Public Hearing at Commission Meeting (public hearing). Public Hearing must take place between June 1 - September 15. August 27,2002 Finance Director Post the non-ad valorem tax assessment for each parcel to the roll and certify the non-ad valorem tax assessment roll on a compatible medium to the tax collector. Must take place before September 15. ATTACHMENTS: 1. Resolution No.2002-25. 2. Listing of basis of assessment. 3. Sample Letter to be sent to effected taxpayers COMMISSION ACTION: RESOLUTION NO. 2002-25 A RESOLUTION OF THE CITY COMMISSION AS THE GOVERNING BODY OF THE CITY OF WINTER SPRINGS/COUNTRY CLUB VILLAGE STREETLIGHT MAINTENANCE DISTRICT, PURSUANT TO THE PROVISIONS OF FS 170.01 ET SEQ., ADOPTING AND APPROVING THE ASSESSMENT PLAT FOR THE ANNUAL ASSESSMENT OF CHARGES FOR THE PROVISION OF STREET LIGHTING PURSUANT TO ORDINANCE NO. 545 DIRECTING PREPARATION OF THE PRELIMINARY ASSESSMENT ROLL, ESTABLISHING THE METHOD FOR COLLECTION OF THE ASSESSMENT, PROVIDING FOR NOTICE OF THE MEETING FOR PUBLIC COMMENT ON THE ADOPTION OF THE ASSESSMENT ROLL, ESTABLISHING THE BASIS FOR COMPUTATION OF THE ASSESSMENT, PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. NOW, THEREFORE, it is hereby resolved by the City Commission of the City of Winter Springs, Florida, acting as the governing board of the City of Winter Springs/Country Club Village Streetlight Maintenance District, as follows: 1. That annual charges for the operation and maintenance of street lights located within the district, which charges represent the difference between the actual cost of operation and maintenance of said street lights, less the amount duly paid and/or contributed by the City of Winter Springs for said operation and maintenance, shall be assessed against each residential lot in the following subdivisions, which subdivisions comprise the territory located within the City of Winter Springs/Country Club Village Streetlight Maintenance District: SUBDIVISIONS (a) Country Club Village Unit One, Plat Book 22, Pages 4, 5 and 6; (b) Country Club Village Unit Two, Plat Book 23, pages 78, 79 and 80; (c) Country Club Village Unit Three, Plat Book 25, pages 33, 34, 35, 36 & 37. 2. That the total cost of the annual assessment is $8.664.52. Said assessment is levied pursuant to the authority of FS 189.041 et seq., including but not necessarily limited to FS 189.4031, FS 189.4041, FS 189.416, FS 189.418 and Ordinance No. 545 of the City of Winter Springs, Florida, an ordinance creating a municipal services assessment and benefit district. 3. The charges so assessed shall be paid by an annual assessment, which assessment shall continue from year to year unless amended by action of the governing body, levied on each residential lot in each of the subdivisions comprising the territory located within the City of Winter Springs/Country Club Village Streetlight Maintenance District in the amounts as duly reflected upon the assessment roll as heretofore identified, which assessments shall be collected by the Tax Collector of Seminole County, Florida, in the manner provided by FS 197.3632 and shall cast a lien upon the real property as assessed. 4. That the City Clerk of the City of Winter Springs, Florida, be and she is hereby directed and ordered to cause a copy of this resolution to be published once a week for a period of two (2) weeks in a newspaper of general circulation and published in Seminole County, Florida. 5. That the Director of Finance of the City of Winter Springs, Florida, be and he is hereby ordered and directed to cause to be made a preliminary assessment roll, which assessment roll shall be completed and which roll shall show the lots and lands assessed and the amount of the benefit to and the assessment against each lot or parcel of land. Further, said assessment roll shall show the assessment is to be paid in one (1) annual payment reflected in the manner provided for by FS 197.3632. /1 \ -V.t)'-:::.. J p"!)-V:J 'C't""-rjl- M) \'~~-?-lt -ry :~CJ ~. 'S1~"') >-1f\ -v >: ~ ~)Qo~ --jy (~~f~ 6. That said assessment roll shall be prepared and filed with the City Clerk of the City of Winter Springs, Florida on or before July 23, 2002. That upon receipt of said filing, the Finance Director shall give notice to each person whose names and lands appear on the assessment roll, that they may appear before the City Commission of the City of Winter Springs, Florida, on August 26, 2002, at 6:30 p.m. or as soon thereafter as the matter be reach on the agenda, for the purpose of being heard as to the propriety and advisability of the making of said assessment, as to the manner of the payment therefore, and as to the amount thereof to be assessed against each property so improved. Said notice shall be given in writing on or before July 23,2002, and proof of mailing shall be made by affidavit of the City Clerk. Said notice shall contain notice of the time and place of the hearing and notice shall also be given by two (2) publications, a week apart, in a newspaper of general circulation in the City of Winter Springs as published in Seminole County, Florida, further provided that the second notice shall be published not later than August 6, 2002. That the assessment rolls for said charges, be and the same are hereby ratified, approved, and adopted by the City Commission of the City of Winter Springs, Florida, as the governing body of the Winter Springs/Country Club Village Streetlight Maintenance District, pursuant to the requirements set forth in FS 170.04. 7. Conflicts: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of any conflict. 8. Severabilitv: If any section, sentience, phrase, word or portion of this resolution is determined to be invalid, unlawful, or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this resolution not otherwise determined to be invalid, unlawful, or unconstitutional. This resolution shall take effect immediately upon passage and adoption. Passed and adopted this day of ,2002. CITY OF WINTER SPRINGS, FLORIDA PAULP.PARTYKA,MAYOR ATTEST: CITY CLERK CITY OF WINTER SPRINGS COUNTRY CLUB VILLAGE STREETLlGHTING ASSESSMENT FUND FOR ASSESSMENTS TO BE PAID DURING FY 02 BASIS FOR COMPUTING ASSESSMENT 12 months Streetlighting bills paid by City January, 2001 thru December, 2001 + Ray Valdez Direct Tax Billing Cost + Advertising of Notice of Public Hearing and Resolution No. 2001-32 = Total Funds Expended by City + Adjustment for early payment discount (.025641 of total funds expended by City) = Total Funds Expended by City and Adj for early pymt disc + Administration Fees - Make-up for Last Year's Shortage (.05 of Total Funds Expended by City and Adj for early pymt disc) + Administration Fees - This Year (.10 of Total Funds Expended by City and Adj for early pymt disc) = Total Assessment for 245 Lots Assessment per lot 6,298.90 65.95 981 .16 7,346.01 188.36 7,534.37 376.72 753.44 8,664.52 35.37 July 23, 2002 <<Name>> <<Mailing>> <<City>>, <<State>> <<Zipcode>> Re: Parcel #<<Parcel>> PB #<<PB>>, PG #<<PG>> Dear Taxpayer: As you are aware the City Commission of the City of Winter Springs created a Muncipal Services Assessment and Benefit District to be known as the City of Winter Springs/Country Club Village Streetlight Maintenance District as established by City Ordinance 545 and pursuant to Article VIII, Section 2, Florida Constitution (1968), and Chapter 166, Florida Statutes (1991), as amended. The purpose of the assessment is to equally assess all property owners within the District for Streetlighting. The amount to be levied against each parcel within the District is $35.37per year. The assessment is determined by the annual costs as charged by Florida Power Corp. for streetlighting within Units 1, 2 and 3 of Country Club Village, adjusted for early payment discount of $188.36 and a Prior Year "Make-Up" Administrative Charge of $376.72 and a Current Year Administrative Charge of $753.44, totaling $8,664.52 and divided by 245 lots within the District. This assessment will be included in the Annual Property Tax Statement and failure to pay the assessment will cause a Tax Certificate to be issued against the above-identified property, which may result in a loss of title. All property owners within the District will have the right to appear before the City Commission of the City of Winter Springs and to file a written objection within 20 days of the date of this notice. The Public Hearing will be held on August 26,2002 at 6:30 P.M. in the Commission chambers at 1126 East State Road 434, Winter Springs, Florida 32708. Sincerely, Ronald W. McLemore City Manager RESOLUTION NO. 2002-25 A RESOLUTION OF THE CITY COMMISSION AS THE GOVERNING BODY OF THE CITY OF WINTER SPRINGS/COUNTRY CLUB VILLAGE STREETLIGHT MAINTENANCE DISTRICT, PURSUANT TO THE PROVISIONS OF FS 170.01 ET SEQ., ADOPTING AND APPROVING THE ASSESSMENT PLAT FOR THE ANNUAL ASSESSMENT OF CHARGES FOR THE PROVISION OF STREET LIGHTING PURSUANT TO ORDINANCE NO. 545 DIRECTING PREPARATION OF THE PRELIMINARY ASSESSMENT ROLL, ESTABLISHING THE METHOD FOR COLLECTION OF THE ASSESSMENT, PROVIDING FOR NOTICE OF THE MEETING FOR PUBLIC COMMENT ON THE ADOPTION OF THE ASSESSMENT ROLL, ESTABLISHING THE BASIS FOR COMPUTATION OF THE ASSESSMENT, PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. NOW, THEREFORE, it is hereby resolved by the City Commission of the City of Winter Springs, Florida, acting as the governing board of the City of Winter Springs/Country Club Village Streetlight Maintenance District, as follows: 1. That annual charges for the operation and maintenance of street lights located within the district, which charges represent the difference between the actual cost of operation and maintenance of said street lights, less the amount duly paid and/or contributed by the City of Winter Springs for said operation and maintenance, shall be assessed against each residential lot in the following subdivisions, which subdivisions comprise the territory located within the City of Winter SpringslCountry Club Village Streetlight Maintenance District: SUBDIVISIONS (a) Country Club Village Unit One, Plat Book 22, Pages 4, 5 and 6; (b) Country Club Village Unit Two, Plat Book 23, pages 78, 79 and 80; (c) Country Club Village Unit Three, Plat Book 25, pages 33,34, 35, 36 & 37. 2. That the total cost of the annual assessment is $8,664.52. Said assessment is levied pursuant to the authority of FS 189.041 et seq., including but not necessarily limited to FS 189.4031, FS 189.4041, FS 189.416, FS 189.418 and Ordinance No. 545 of the City of Winter Springs, Florida, an ordinance creating a municipal services assessment and benefit district. 3. The charges so assessed shall be paid by an annual assessment, which assessment shall continue from year to year unless amended by action of the governing body, levied on each residential lot in each of the subdivisions comprising the territory located within the City of Winter Springs/Country Club Village Streetlight Maintenance District in the amounts as duly reflected upon the assessment roll as heretofore identified, which assessments shall be collected by the Tax Collector of Seminole County, Florida, in the manner provided by FS 197.3632 and shall cast a lien upon the real property as assessed. 4. That the City Clerk of the City of Winter Springs, Florida, be and she is hereby directed and ordered to cause a copy of this resolution to be published once a week for a period of two (2) weeks in a newspaper of general circulation and published in Seminole County, Florida. 5. That the Director of Finance of the City of Winter Springs, Florida, be and he is hereby ordered and directed to cause to be made a preliminary assessment roll, which assessment roll shall be completed and which roll shall show the lots and lands assessed and the amount of the benefit to and the assessment against each lot or parcel of land. Further, said assessment roll shall show the assessment is to be paid in one (1) annual payment reflected in the manner provided for by FS 197.3632. Resolution 2002-25 6. That said assessment roll shall be prepared and filed with the City Clerk of the City of Winter Springs, Florida on or before July 23, 2002. That upon receipt of said filing, the Finance Director shall give notice to each person whose names and lands appear on the assessment roll, that they may appear before the City Commission of the City of Winter Springs, Florida, on August 26, 2002, at 6:30 p.m. or as soon thereafter as the matter be reach on the agenda, for the purpose of being heard as to the propriety and advisability of the making of said assessment, as to the manner of the payment therefore, and as to the amount thereof to be assessed against each property so improved. Said notice shall be given in writing on or before July 23, 2002, and proof of mailing shall be made by affidavit of the City Clerk. Said notice shall contain notice of the time and place of the hearing and notice shall also be given by two (2) publications, a week apart, in a newspaper of general circulation in the City of Winter Springs as published in Seminole County, Florida, further provided that the second notice shall be published not later than August 6,2002. That the assessment rolls for said charges, be and the same are hereby ratified, approved, and adopted by the City Commission of the City of Winter Springs, Florida, as the governing body of the Winter Springs/Country Club Village Streetlight Maintenance District, pursuant to the requirements set forth in FS 170.04. 7. Conflicts: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of any conflict. 8. Severabilitv: If any section, sentience, phrase, word or portion of this resolution is determined to be invalid, unlawful, or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, Resolution 2002-25 sentence, phrase, word, or portion of this resolution not otherwise determined to be invalid, unlawful, or unconstitutional. This resolution shall take effect immediately upon passage and adoption. Passed and adopted this 22nd day of Julv ,2002. CITY OF WINTER SPRINGS, FLORIDA ATTEST: JJ~.~ CITY CLE.~ Resolution 2002-25