HomeMy WebLinkAboutResolution 2025-17 Increasing the Max Annual Assessment and Approving the Assessment Roll for Oak ForestRESOLUTION NO.2025-17
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, INCREASING THE MAXIMUM ANNUAL
ASSESSMENT FOR THE OAK FOREST ASSESSMENT AREA;
APPROVING THE ASSESSMENT ROLL FOR THE OAK FOREST
ASSESSMENT AREA 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; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs (the "Commission")
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 this Ordinance, the Commission created and imposed a special
assessment for the Oak Forest Assessment Area on May 10, 2000; and
WHEREAS, pursuant to the provisions of Ordinance No. 98-704, 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 City retained the financial services of NBS who prepared a 2025
Assessment Increase Report, which was delivered to the City and dated August 2025, justifying
an increase in the maximum maintenance assessment to $84.03 per benefit unit to cover the City's
future long -maintenance costs which will be incurred for maintaining the public improvements
covered by the assessment; and
WHEREAS, pursuant to the provisions of the Ordinance, the Commission is required to
provide published and mailed notice of, and hold a public hearing regarding any increase in the
Oak Forest Maintenance Assessment which exceeds the maximum amount established by previous
notice to the property owners; the forms of which are attached hereto as Appendices A and B,
respectively; and
WHEREAS, as required by the terms of the Ordinance, notice of a public hearing has been
published and mailed to each property owner proposed to be assessed notifying such property
owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are
attached hereto as Appendices C and D, respectively; and
WHEREAS, a public hearing has been duly held on September 9.2025 and comments and
objections of all interested persons have been heard and considered as required by the terms of the
Ordinance.
City of Winter Springs
Resolution No. 2025-17
Page 1 of 3
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, FLORIDA, AS FOLLOWS:
SECTION 1. RECITALS. The above recitals are deemed true and correct and are
hereby made a specific part of this Resolution.
SECTION 2. AUTHORITY. This Resolution is adopted pursuant to the
Ordinance, Chapter 166, Florida Statutes, and all 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. INCREASE IN MAXIMUM ANNUAL OAK FOREST
MAINTENANCE ASSESSMENT. The Tax Parcels described in the Oak Forest Maintenance
Assessment Roll are hereby found to be specially benefited by provision of the Oak Forest Related
Services related to the Oak Forest Improvements in the amount of the maximum annual Oak Forest
Assessment set forth in the Oak Forest Maintenance Assessment Roll. The methodology for
computing annual Oak Forest Maintenance Assessments described in the previously adopted
Service Resolutions and Section 5 hereof is hereby ratified and confirmed. Tax Parcels located in
the Oak Forest Maintenance Assessment Area shall have a revised maximum annual Oak Forest
Maintenance Assessment rate of $84.03 per Benefit Unit.
SECTION 5. APPROVAL OF ASSESSMENT ROLLS. Pursuant to Section 197.3632,
Florida Statutes, the following assessment roll shall be certified to the Seminole County Tax
Collector prior to September 15, 2025, 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.
A. Oak Forest Assessment Area (Maintenance). The non -ad valorem assessment roll
on file with the City Clerk for the Oak Forest Assessment Area (Maintenance) is
hereby approved, such roll setting the annual rate of $60 per Benefit Unit (reflecting
no change from the prior year amount and $24.03 less than the maximum rate of
$84.03 in Section 4).
SECTION 6. ASSESSMENT LIENS. The special assessment imposed within the
assessment area listed on the rolls described in Section 5 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, 2025, the lien date for ad valorem taxes.
City of Winter Springs
Resolution No. 2025-17
Page 2 of 3
SECTION 7. CONFLICTS. All prior resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 8. SEVERABILITY. If any clause, section, or other part or application of
this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid in
part or application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 9. EFFECTIVE DATE. This Resolution shall take effect immediately upon
its passage and adoption.
RESOLVED BY the City Commission of the City of Winter Springs, Florida, in a Special
Meeting assembled this 9t" day of September, 2025.
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By:
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Christian Gowan, City Clerk
CITY OF WINTER SPRINGS, FLORIDA
Kevin McCann, Mayor
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY PW THE CITY OF
WINTER G ONLY:
By:
Anthony A. Garganese, City Attorney
City of Winter Springs
Resolution No. 2025-17
Page 3 of 3
APPENDIX A - FORM OF PUBLISHED NOTICE
OAK FOREST ASSESSMENT AREA
WINTER SPRINGS, FLORIDA
NOTICE OF HEARING TO INCREASE MAINTENANCE ASSESSMENT
Notice is hereby given that the City Commission of Winter Springs, Florida, will conduct
a public hearing to consider increasing the Maintenance Assessment imposed in the Oak Forest
Assessment Area, as shown above, from $63.00 per Benefit Unit to $84.03 per Benefit Unit. The
public hearing will be held at 5:30 PM on September 9, 2025, in the City Hall- Commission
Chambers, Winter Springs, Florida. In accordance with the Americans with Disabilities Act,
persons needing a special accommodation or an interpreter to participate in this proceeding should
contact the City Clerk's office at (407) 327-1800 extension 237 at least 48 hours prior to the date
of the hearing. All affected property owners have a right to appear at the hearing and to file
written objections with the City Commission within 20 days of this notice. If you decide to appeal
any decision made by the City Commission with respect to any matter considered at the hearing,
you will need a record of the proceedings and may need to ensure that a verbatim record is made,
including the testimony and evidence upon which the appeal is to be based.
The assessments are imposed to fund landscaping and maintenance costs for the privacy wall
serving the Oak Forest Assessment Area. The project is referred to as the Oak Forest Subdivision
Wall. The assessment for each parcel of property within the Oak Forest Assessment Area is based upon
the parcel's proximity to the privacy wall measured in "Benefit Units." The assignment of Benefit Units
is based on the level of benefit each lot receives from aesthetic and subdivision identity (all lots), noise
abatement (lots with the majority of their area within 600 feet of the Oak Forest Subdivision Wall)
and glare abatement (lots that abut the Oak Forest Subdivision Wall). A more specific description is set
forth in the Initial Assessment Resolution, Final Assessment Resolution and Amending Resolutions
adopted by the City Commission on April 10, 2000, May 10, 2000, September 20, 2004, and August
9, 2007. respectively. Copies of the Initial Assessment Resolution, Final Assessment Resolution,
Amending Resolution, the plans and specifications for the project, and the assessment rolls are available
for inspection at the offices of the City Clerk, located at 1126 East State Road 434, Winter Springs,
Florida.
Annual maintenance assessments, for the life of the project, to fund the Oak Forest Subdivision
Wall are being collected on the ad valorem tax bill as authorized by Florida Statutes 197.3632,
commencing with the tax bill mailed in November 2000. Failure to pay the assessments will cause a
tax certificate to be issued against the property which may result in a loss of title.
If you have any questions please reach out to the Landscape and Arbor Manager at 407-327-1800 Ext
544.
APPENDIX B - FORM OF MAILED NOTICE
WINTER SPRINGS, FLORIDA
NOTICE OF HEARING TO INCREASE MAINTENANCE
ASSESSMENT RATE
NOTICE DATE: August 20,
2025
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
* * * * * NOTICE TO PROPERTY OWNER*****
((Owner_Name>
«Owner Care_Of>>
«OwnerAddress» _1
«Owner_ Address_2»
(<Owner_City>>, «Owner_State» «Owner_Postal_Code»
Assessor's Parcel Number: «Property_ID»
Dear Property Owner:
Notice is hereby given that the City Commission of Winter Springs, Florida, will conduct a public
hearing to consider increasing the Maintenance Assessment imposed in the Oak Forest
Assessment Areas as shown in the table below for Fiscal Year 2025-26 and future fiscal years.
The total assessment revenue to be collected within the Oak Forest maintenance assessment
program by the City of Winter Springs is estimated to be $81,294.82 for fiscal year October 1,
2025 - September 30, 2026 and in future fiscal years.
Assessment
Prior Rate
New Rate
BU/Parcel
Maximum Annual
per BU
per BU
Assessment
for Tax Parcel
((Property ID))
Oak Forest
$63.00
03
$84.efit
«NBS_Ben
$«Max_Maint_Program_
Maintenance
Units))
Assess))
The Oak Forest Assessment Area has been created to provide a privacy wall and related
improvements. The project to construct the privacy wall is referred to as the Oak Forest
Subdivision Wall. The construction and maintenance costs of the Oak Forest Subdivision Wall
are funded by assessments against the property located within the Oak Forest Assessment
Area. The construction and maintenance assessments for each parcel of property are based on
its proximity to the Oak Forest Subdivision Wall measured in "Benefit Units." The assignment of
Benefit Units (BU) is based on the level of benefit each lot receives from aesthetic and
subdivision identity (all lots), noise abatement (lots with the majority of their area within 600 feet
of the Oak Forest Subdivision Wall) and glare abatement (lots that abut the Oak Forest
Subdivision Wall). A more specific description of the assessment program is set forth in the Initial
Assessment Resolution (No. 2000-06), Final Assessment Resolution (No. 2000-10) and
Amending Resolutions (No. 2004-42) (No 2007-23) adopted by the City Commission on April 10,
2000, May 10, 2000, September 20, 2004, and May 29, 2007 respectively. Copies of the Initial
Assessment Resolution, Final Assessment Resolution, Amending Resolution, the plans and
specification for the Oak Forest Assessment Area, and the assessment rolls including the capital
and maintenance assessments are available for your review at the offices of the City Clerk,
located at 1126 East State Road 434, Winter Springs, Florida.
Annual maintenance assessments, for the life of the project, to fund the Oak Forest Subdivision
Wall are being collected on the ad valorem tax bill as authorized by Florida Statutes 197.3632,
commencing with the tax bill mailed in November 2000. Failure to pay the assessments will
cause a tax certificate to be issued against the property which may result in a loss of title.
The City Commission will hold the public hearing at 5:30 PM on September 9, 2025, in the City
Hall - Commission Chambers, Winter Springs, Florida, for the purpose of receiving comments on
the increase in Capital and Maintenance Assessments. You are invited to attend and participate
in the hearing. You may also file written objections with the City Commission prior to or during
the hearing. If you decide to appeal any decision made by the City Commission with respect to
any matter considered at the hearing, you will need a record of the proceedings and may need to
ensure that a verbatim record is made, including the testimony and evidence upon which the
appeal is to be based. In accordance with the Americans with Disabilities Act, if you need a
special accommodation or an interpreter to participate in this proceeding, please contact the City
Clerk's office at (407) 327-1800 extension 237 at least 48 hours prior to the date of the hearing.
If you have any questions, please contact the City of Winter Springs Landscape and Arbor
Manager at (407) 327-1800 extension 544.
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OAK FOREST ASSESSMENT AREA
3 , tjs
WINTER SPRINGS, FLORIDA
NOTICE OF HEARING To
INCREASE MAINTENANCE
ASSESSMENT
Notice is hereby given that the City Commission of Winter
Springs, Florida, will conduct a public hearing to consider
increasing the Maintenance Assessment imposed in the Oak
Forest Assessment Area, as shown above, from $63.00 per
Benefit Unit to $84.03 per Benefit Unit. The public hearing will
be held at 5:30 PM on September 9, 2025, in the City Hall -
Commission Chambers, Winter Springs, Florida. In accordance
with the Americans with Disabilities Act, persons needing
a special accommodation or an interpreter to participate
in this proceeding should contact the City Clerk's office at
(407) 327-1800 extension 237 at least 48 hours prior to the
date of the hearing. All affected property owners have a right
to appear at the hearing and to file written objections with the
City Commission within 20 days of this notice. If you decide to
appeal any decision made by the City Commission with respect
to any matter considered at the hearing, you will need a record of
the proceedings and may need to ensure that a verbatim record
is made, including the testimony and evidence upon which the
appeal is to be based.
The assessments are imposed to fund landscaping and
maintenance costs for the privacy wall serving the Oak Forest
Assessment Area. The project is referred to as the Oak Forest
Subdivision Wall. The assessment for each parcel of property within
the Oak Forest Assessment Area is based upon the parcel's proximity
to the privacy wall measured in "Benefit Units." The assignment of
Benefit Units is based on the level of benefit each lot receives from
aesthetic and subdivision identity (all lots), noise abatement (lots with
the majority of their area within 600 feet of the Oak Forest Subdivision
Wall) and glare abatement (lots that abut the Oak Forest Subdivision
Wall). A more specific description is set forth in the Initial Assessment
Resolution, Final Assessment Resolution and Amending Resolutions
adopted by the City Commission on April 10, 2000, May 10, 2000,
September 20, 2004, and August 9, 2007. respectively. Copies of the
Initial Assessment Resolution, Final Assessment Resolution, Amending
Resolution, the plans and specifications for the project, and the
assessment rolls are available for inspection at the offices of the City
Clerk, located at 1126 East State Road 434, Winter Springs, Florida.
Annual maintenance assessments, for the life of the project,
to fund the Oak Forest Subdivision Wall are being collected on the
ad valorem tax bill as authorized by Florida Statutes 197.3632,
commencing with the tax bill mailed in November 2000. Failure to pay
the assessments will cause a tax certificate to be issued against the
property which may result in a loss of title.
If you have any questions please reach out to the Landscape and
Arbor Manager at 407-327-1800 Ext 544.
TUSCAWILLA ASSESSMENT AREA
WINTER SPRINGS, FLORIDA
NOTICE OF HEARING TO
INCREASE MAINTENANCE
ASSESSMENT
Notice is hereby given that the City Commission of Winter Springs,
Florida, will conduct a public hearing to consider increasing the Maintenance
Assessments imposed in the Tuscawilla Assessment Area -of $128.00 per
Equivalent Residential Unit, to $255.20 per Equivalent Residential Unit. The
public hearing will be held at 5:30 PM on September 9, 2025, in the City
Hall- Commission Chambers, Winter Springs, Florida. In accordance with the
Americans with Disabilities Act, persons needing a special accommodation
or an interpreter to participate in this proceeding should contact the City
Clerk's office at (407) 327-1800 extension 237 at least 48 hours prior to the
date of the hearing. All affected property owners have a right to appear at
the hearing and to file written objections with the City Commission within
20 days of this notice. If you decide to appeal any decision made by the
City Commission with respect to any matter considered at the hearing,
you will need a record of the proceedings and may need to ensure that a
verbatim record is made, including the testimony and evidence upon which
the appeal is to be based.
The Tuscawilla Improvement and Service Area - Phase I was created
to fund capital and maintenance costs for wing walls, median Assessments,
street lights and street monuments within that area. The Tuscawilla
Improvement and Service Area - Phase II was created to fund capital
and maintenance costs for the removal of existing street signage and
streetlights and installation of new decorative street lampposts and signage
along the collector roads within the Tuscawilla (Phase II) Improvement and
Service Area. The project to remove existing street signage and streetlights
and install new decorative street lampposts and signage is referred to as
the Tuscawilla (Phase 11) Improvement Project.
The assessment for each parcel of property within the Tuscawilla
(Phase I and 11) Assessment Area is based upon the number of residential
dwelling units per parcel of property measured in Equivalent Residential
Units "ERUs." The assignment of ERUs is based on the level of benefit
each lot receives from aesthetic beauty and enhanced safety as a result
of the Tuscawilla (Phases I and 11) Improvement Projects. A more specific
description is set forth in the Tuscawilla Assessment Area (Phase 1) Final
Local Improvement Assessment Resolution Number 99-887 (dated
August 9, 1999), the Tuscawilla Service Area (Phase 1) Final Local Service
Assessment Resolution Number 99-888 (dated August 9, 1999) and the
Final Improvement Assessment Resolution and Maintenance Assessment
Resolution for the Tuscawilla (Phase 11) Assessment Area Number 2005-
43, Number 2007-24 adopted by the City Commission on August 9, 1999,
August 9, 1999 and November 14, 2005 and May 29, 2007 respectively.
Copies of the Final Assessment Resolutions, the plans and specifications
for the project, and the preliminary assessment rolls are available for
inspection at the office of the City Clerk, located at 1126 East State Road
434, Winter Springs, Florida 32708.
Annual maintenance assessments, for the life of the project, are
being collected on the ad valorem tax bill as authorized by Florida Statutes
197.3632, commencing with the tax bills to be mailed in November 2000
and November 2006, respectively. Failure to pay the assessments will cause
a tax certificate to be issued against the property which may result in a
loss of title.
If you have any questions, please contact the City of Winter Springs
Landscape and Arbor Manager at (407) 327-1800 extension 544.
APPENDIX D - AFFIDAVIT OF MAILING
AFFIDAVIT OF MAILING
State of FLORIDA
County of SEMINOLE
BEFORE ME, the undersigned authority, personally appeared Holly Queen, who, after
being duly sworn, deposes and say:
I, Holly Queen, have been designated by the City Manager of Winter Springs, Florida, to
mail the notices required by Section 4.07 Ordinance No. 98-704, enacted by the City
Commission of Winter Springs, Florida on July 27, 1998 ( the "Ordinance"). On or before
August 20, 2025.1 mailed or directed the mailing of, a notice in accordance with Section 4.07 of
the Ordinance by first class mail, to each owner of property within the Oak Forest Maintenance
Assessment Area in conformance with the requirements of the Ordinance, at the address shown
on the real property assessment tax roll maintained by the Seminole County Property Appraiser
for the purpose of the levy and collection of ad valorem taxes.
FURTHER AFFIANTS SAYETH NOT.
Affiant
The foregoing instrument was acknowledged before me by Holly Queen, who is
p or�Iaiowno me or who has produced as identification and did (did not) take
an oath.
WITNESS, my hand and official seal this day of �' >, - , IrA.D. 2025.
Notary Publlo State of Florida
Tristan M. Tarrant
ilia My Commission HH 491305
Expires 2/11/2028
Signature of person taking acknowledgement
Name of acknowledges (printed)
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 Oak Forest Assessment Area 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 to 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, 2025.
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 9th day of September, 2025.
Oak Forest Assessment Area
Total
Maintenance Assessment
Total Parcels
936
Total Annual Assessment
$58,047.00
CITY OF WINTER SPRINGS, FLORIDA
By:
Mayor
Print Form N. 02/91
0
W
kill
FLORIDA
CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
I, the undersigned, hereby certify that I am the Chairman of the Board, or authorized
agent of City of Winter Springs , located in Seminole County,
Florida; as such, I have satisfied myself that all property included or includable on the
Non -Ad Valorem Assessment Roll for the aforesaid county 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 to the property
listed therein have been made pursuant to law.
I further certify that, upon completion of this certificate and the attachment of same to
the herein described Non -Ad Valorem Assessment Roll as part thereof, said Non -Ad
Valorem Assessment Roll will be delivered to the Tax Collector of this county.
In witness whereof, I have subscribed this certificate and caused the same to be
attached to and made a part of the above described Non -Ad Valorem Assessment Roll
this the 9th day of September
2025
year
Chairman of the Board or authorized agent
of Winter Springs
Name of local government
Seminole County, Florida