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HomeMy WebLinkAbout2005 11 14 Public Hearing 402 COMMISSION AGENDA ITEM 402 CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR November 14,2005 Meeting MGR ~ IDEPT@ r Authorization REQUEST: The City Manager Is Requesting The City Commission Hold a Public Hearing on The Adoption of Resolution 2005-44, Electing To Use The Uniform Method Of Collecting Non-Ad Valorem Special Assessments Levied Within the Tuscawilla (Phase II) Assessment Area. PURPOSE: The purpose of this request is for the City Commission to adopt Resolution Number 2005-44, electing to use the Uniform Method of Collection for any new Capital Improvement Project or Maintenance Assessments required in the City of Winter Springs Tuscawilla (Phase II) Assessment Area. CONSIDERATIONS: . After holding the Public Hearing, the City Commission will consider adoption of Resolution 2005-44, which allows the City to use the Property Tax bill, uniform collection method, to collect any new assessments within the Tuscawilla (Phase II) Assessment Area imposed in calendar year 2006. Resolution 2005-44 does not commit the City Commission to actually impose any assessments, instead it allows the use of the tax bill collection method for assessments that potentially may be imposed. . Florida law requires the adoption of Resolution 2005-44 as a prerequisite to using the Property Tax bill to collect special assessments within the Tuscawilla (Phase II) Assessment Area. . As required by Florida Statutes section 197.3632, advertisements were placed in the Orlando Sentinel Legal/Classified section of the newspaper on the following dates: Friday, October 21,2005 Friday, October 28, 2005 Friday, November 4, 2005 Friday, November 11, 2005 notifying the residents of the City's intent to collect these assessments via the tax bill. Public Hearing Agenda Item 402 November 14,2005 Page 2 of2 RECOMMENDATION: Staff recommends the City Commission adopt Resolution Number 2005-44, electing to use the Uniform Method of Collection for any new Capital Improvement Project or Maintenance Assessments required within the Tuscawilla (Phase II) Assessment Area. A TT ACHMENTS: 1. Resolution 2005-44 COMMISSION ACTION: RESOLUTION NO. 2005-44 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN CERTAIN AREAS OF THE INCORPORATED AREA OF THE CITY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida (the "City") is contemplating the imposition of special assessments to fund the cost of providing street lighting, signage, other related neighborhood improvements, and their corresponding annual maintenance; and, WHEREAS, the City intends to use the uniform method for collecting non-ad valorem special assessments imposed for the cost of providing such facilities and services to property within certain areas of the incorporated area of the City as authorized by section 197.3632, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing in November 2006, in the same manner as provided for ad valorem taxes; and, WHEREAS, the City held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A; and, WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 3. 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 4. Uniform Collection Method. Commencing with the Fiscal Year beginning on October 1, 2006, and with the tax statement mailed for such Fiscal Year, the City intends to use the uniform method of collecting non-ad valorem assessments authorized in section 197.3632, Florida Statutes, as amended, for collecting special assessments imposed to fund the cost of providing street lighting, signage, other related neighborhood improvements and their corresponding annual maintenance. Such non-ad valorem assessments may be levied within certain areas of the incorporated area of the City. A legal description of such potential areas subject to the imposition of such special assessments is attached hereto as Exhibit Band incorporated herein by reference. Section 5. Purpose of Assessment. The City hereby determines that the levy of such non-ad valorem assessments is needed to fund the cost of providing street lighting, signage, other related neighborhood improvements, and their corresponding annual maintenance within the areas described in Exhibit B. Section 6. Notification. Upon adoption, the City Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Seminole County Tax Collector, and the Seminole County Property Appraiser by January 10, 2006. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOL VED by the City Commission of the City of Winter Springs, Florida, In a regular meeting assembled on the 14th day of November, 2005. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2005-44 Page 2 of2 EXHIBIT A PROOF OF PUBLICATION EXHIBIT B WINTER SPRINGS, FLORIDA TUSCA WILLA (PHASE II) IMPROVEMENT AREA GENERAL BOUNDARY . DESCRIPTION The Tuscawilla (Phase II) Improvement Area shall be defined as all that land lying within the City of Winter Springs, Florida, Tuscawilla Planned Unit Development, less Oak Forest Subdivision in its entirety; St. Johns Landing (Plat Book 53, Pages 45-49); Tuscawilla Parcel 90 (aka Arbor Glen, Plat Book 43, Pages 57-58); Creeks Run (Plat Book 53, Pages 1-3); Tuscawilla Unit 5 (Plat Book 20, Page 18); Tuskawilla Trail Subdivision (Plat Book 41, Page 6); Grand Reserve Subdivision (Plat Book 48, Pages 73-74); Tuscawilla Tract 15, Parcels I-B and l-C (Yeager property south of SR 434); St. Stephen's Catholic Church; Church of the New Covenant; Lord of Life Lutheran Church; Indian Trails Middle School; Keeth Elementary School; and as more specifically defined in attachment "A", entitled the Tuscawilla (Phase II) Improvement Area Legal Description by reference to plat book and pages, and attachment "B" entitled Tuscawilla (Phase II) Improvement Area Boundary Map.