HomeMy WebLinkAboutResolution 887 Tuskawilla Improvement Area
RESOLUTION NO. 99-887
A RESOLUTION OF THE CITY OF WINTER SPRINGS,
FLORIDA, RELATING TO THE CONSTRUCTION AND
FUNDING OF LOCAL IMPROVEMENTS WITHIN THE
TUSCAWILLA IMPROVEMENT AREA; AMENDING THE
INITIAL LOCAL IMPROVEMENT ASSESSMENT
RESOLUTION; CONFIRMING THE PROPERTY TO BE
LOCATED WITHIN THE TUSCAWILLA IMPROVEMENT
AREA AND THE LOCAL IMPROVEMENTS TO BE PROVIDED
THEREIN; CONFIRMING THE INITIAL LOCAL
IMPROVEMENT ASSESSMENT RESOLUTION;
ESTABLISHING THE AMOUNT OF THE ANNUAL
TUSCAWILLA LOCAL IMPROVEMENT ASSESSMENT FOR
EACH TAX PARCEL; IMPOSING TUSCAWILLA LOCAL
IMPROVEMENT ASSESSMENTS AGAINST PROPERTY
WITHIN THE TUSCAWILLA IMPROVEMENT AREA;
APPROVING THE TUSCAWILLA LOCAL IMPROVEMENT
ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF
THE TUSCAWILLA LOCAL IMPROVEMENT ASSESSMENTS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of Winter Springs (the "Commission"), Florida,
enacted Ordinance No. 98-704 on July 27, 1998 (the "Ordinance"), to provide for the
imposition of special assessments to fund the construction of Local Improvements to
benefit the property located within the Tuscawilla Improvement Area; and
WHEREAS, on July 12, 1999, the Commission adopted Resolution No. 99-884, the
Initial Local Improvement Assessment Resolution, proposing the creation of the Tuscawilla
Improvement Area and describing the method of assessing the cost of Local Improvements
against the real property that will be specially benefited thereby, and directing preparation
of the preliminary Tuscawilla Local Improvement Assessment Roll and provision of the
notices required by the Ordinance; and
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WHEREAS, pursuant to the provisions of the Ordinance, the Commission is
required to confirm or repeal the Initial Local Improvement Assessment Resolution, with
such amendments as the Commission deems appropriate, after hearing comments and
receiving objections of all interested parties; and
WHEREAS, the Tuscawilla Local Improvement Assessment Roll has heretofore
been filed with the office of the City Manager, as required by the Ordinance; 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 A and B respectively;
WHEREAS, due to a data processing error, the notice mailed July 19, 1999
contained incorrect information regarding the proposed assessment amount for certain
parcels and a corrective notice with the proper amounts has heretofore been mailed; and
WHEREAS, the public hearing has been duly held and comments and objections
of all interested persons have been heard and considered as required by the terms of the
Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS:
SECTION 1.
AUTHORITY. This resolution is adopted pursuant to the
Ordinance, Chapter 166, Florida Statutes, and other applicable provisions of law.
SECTION 2.
DEFINITIONS. This resolution is the Final Local. Improvement
Assessment Resolution as defined in the Ordinance. All capitalized terms in this
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resolution shall have the meanings defined in the Ordinance and the Initial Local
Improvement Assessment Resolution.
SECTION 3. AMENDMENT TO SECTION 3.06(A) OF THE INITIAL LOCAL
IMPROVEMENT ASSESSMENT RESOLUTION. Section 3.06(A) of the Initial Local
Improvement Resolution is hereby amended to read as follows:
"(A) DEBT SERVICE AMOUNT. A "Debt Service Amount" shall be
computed for each Fiscal Year as the amount which would be payable in
respect of the Obligations in accordance with a debt service schedule
prepared under the assumption that the principal installments equal those
established in the Funding Agreement."
SECTION 4. AMENDMENT TO SECTION 3.06(H) OF THE INITIAL LOCAL
IMPROVEMENT ASSESSMENT RESOLUTION. Section 3.06(H) of the Initial Local
Improvement Resolution is hereby amended to read as follows:
"(H) STATUTORY DISCOUNT AMOUNT. The "Statutory Discount
Amount" shall be computed for each Tax Parcel as the amount allowed by
law as the maximum discount for early payment of ad valorem taxes and
non-ad valorem assessments, such amount to be calculated by deducting (1 )
the sum of (a) the Annual Debt Service Component and (b) the Collection
Cost Component, from (2) the amount computed by dividing (a) the sum of
(i) the Annual Debt Service Component and (ii) the Collection Cost
Component, by (b) the factor of 0.96."
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SECTION 5.
CREATION OF THE TUSCAWILLA IMPROVEMENT
AREA. The Tuscawilla Improvement Area is hereby created to include the property
located within the Tuscawilla Planned Unit Development, as more specifically described
in Appendix C hereto.
SECTION 6. CONFIRMATION OF INITIAL ASSESSMENT
RESOLUTION. The Initial Local Improvement Assessment Resolution is hereby ratified
and confirmed.
SECTION 7 . APPROVAL OF TUSCAWILLA LOCAL IMPROVEMENT
ASSESSMENT ROLL. The Tuscawilla Local Improvement Assessment Roll, which is
currently on file in the office of the City Manager and incorporated herein by reference, is
hereby approved.
SECTION 8. TUSCAWILLA LOCAL IMPROVEMENT ASSESSMENTS.
(A) The Tax Parcels described in the Tuscawilla Local Improvement
Assessment Roll are hereby found to be specially benefited by the construction of the
Tuscawilla Improvements in the amount of the annual Tuscawilla Local Improvement
Assessment set forth in the Tuscawilla Local Improvement Assessment Roll. The
methodology for computing annual Tuscawilla Local Improvement Assessments
described in the Initial Local Improvement Assessment Resolution is hereby approved.
Annual Tuscawilla Local Improvement Assessments computed in the manner described
in the Initial Local Improvement Assessment Resolution are hereby levied and imposed
on all Tax Parcels described in the Tuscawilla Local Improvement Assessment Roll at
an annual rate of $42.18 per ERU for a period of 30 years, commencing with the first
Fiscal Year of the City following the issuance of obligations to finance the Tuscawilla
Improvements.
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(B) Upon adoption of the Annual Local Improvement Assessment Resolution for
each Fiscal Year, the Tuscawilla Local Improvement Assessments 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 paid. The lien shall be deemed perfected upon adoption by the City Commission of
the Annual Local Improvement Assessment Resolution and shall attach to the property
included on the Tuscawilla Local Improvement Assessment Roll as of the prior January 1,
the lien date for ad valorem taxes.
SECTION 9.
COLLECTION OF TUSCAWILLA LOCAL IMPROVEMENT
ASSESSMENTS. The Tuscawilla Local Improvement Assessments shall be collected
pursuant to the Uniform Assessment Collection Act. Upon adoption of the Annual Local
Improvement Assessment Resolution for each Fiscal Year, the City Manager shall cause
the certification and delivery of the Tuscawilla Local Improvement Assessment Roll to the
Tax Collector by September 15, in the manner prescribed by the Uniform Assessment
Collection Act. The Tuscawilla Local Improvement Assessment Roll, as delivered to the
Tax Collector, shall be accompanied by a Certificate of Non-Ad Valorem Assessment Roll
in substantially the form attached hereto as Appendix G.
SECTION 10. EFFECT OF FINAL ASSESSMENT RESOLUTION. The
adoption of this Final Local Improvement Assessment Resolution shall be the final
adjudication of the issues presented herein and in the Initial Local Improvement
Assessment Resolution (including, but not limited to, the legislative determinations of
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special benefit and fair apportionment, the method by which the Tuscawilla Local
Improvement Assessments will be computed, the apportionment methodology, the
Tuscawilla Local Improvement Assessment Roll, the annual Tuscawilla Local Improvement
Assessment, the levy and lien of the Tuscawilla Local Improvement Assessments, and the
terms for prepayment of the Tuscawilla Local Improvement Assessments) unless proper
steps are initiated in a court of competent jurisdiction to secure relief within 20 days from
the date of Commission action on this Final Local Improvement Assessment Resolution.
SECTION 11. PREPAYMENT NOTICE. The City Manager is hereby directed
to provide notice by first class mail to the owner of each Tax Parcel described in the
Tuscawilla Local Improvement Assessment Roll of the opportunity to prepay all future
annual Tuscawilla Local Improvement Assessments, without financing cost. Due to a data
processing error, the notice mailed July 19, 1999 contained incorrect information regarding
the proposed assessment amount for certain parcels (the "Corrected Parcels"). For the
Corrected Parcels, the corrected prepayment notice, in substantially the form attached as
Appendix E and for all other parcels, the normal prepayment notice, in substantially the
form attached as Appendix D, shall be mailed to each property owner at the address
utilized for the notice provided pursuant to Section 2.05 of the Initial Local Improvement
Assessment Resolution.
SECTION 12. ASSESSMENT NOTICE. The City Manager is hereby directed
to record a general notice of the Tuscawilla Local Improvement Assessments in the Official
Records Book in the office of the Seminole County Clerk of Courts. Such notice shall be
in substantially the form attached as Appendix F. The preliminary Tuscawilla Local
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CERTIFICATE
TO
NON-AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that, I am the Mayor of the City of Winter Springs, Florida (the
"City"); as such I have satisfied myself that all property included or includable on the
non-ad valorem assessment roll for Tuscawilla local improvements (the II 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, 1999.
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 9th day of August , 1999.
By:
Paul . Partyka
Mayor
[to be delivered to Tax Collector prior to September 15]
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Improvement Assessment Roll and each annual Tuscawilla Local Improvement
Assessment Roll shall be retained by the City Manager and shall be available for public
inspection.
SECTION 13.
EFFECTIVE DATE. This resolution shall take effect
immediately upon ,its adoption, this 9th day of August, 1999.
(SEAL)
By:
Paul P. Partyka
Mayor
CITY OF WINTER SPRINGS, FLORIDA
ATTEST:
Andrea Lorenzo Luaces
Interim City Clerk
APPROVED AS TO FORM:
B y Frank C. Kruppenbacher
City Attorney
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APPENDIX A
PROOF OF PUBLICATION
APPENDIX B
AFFIDAVIT OF MAILING
AFFIDAVIT OF MAILING
STATE OF FLORIDA
COUNTY OF LEON
BEFORE ME, the undersigned authority, personally appeared Camille S.
Gianatasio, who, after being duly sworn, deposes and says:
1. I, Camille S. Gianatasio, have been designated by the City Manager of
Winter Springs, Florida, to mail the notices required by Section 2.05 of Resolution No.
99-884, adopted by the City of Winter Springs, Florida, on July 12, 1999.
2. On or before July 19, 1999, I mailed, or directed the mailing of, a notice in
accordance with Section 2.05 of Resolution No. 99-884, adopted by the City of Winter
Springs, Florida, on July 12, 1999, by first class mail, to each owner of property within the
Tuscawilla Improvement Area in conformance with the requirements of Ordinance No.
98-704, enacted by the City of Winter Springs, Florida, on July 27, 1998, 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 AFFIANT SAYETH NOT.
Camille S. Gianatasio
B-1
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me by Camille S. Gianatasio,
who is personally known to me or who has produced
as identification and did
(did not) take an oath.
WITNESS, my hand and official seal this _ day of
,1999.
Signature of person taking acknowledgment
Name of acknowledger (printed)
My commission expires:
B-2
APPENDIX C
DESCRIPTION OF TUSCAWILLA IMPROVEMENT AREA
TUSCA WILLA IMPROVEMENT AREA GENERAL BOUNDARY DESCRIPTION
The Tuscawilla 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 1-8 and 1-C (Yeager
propeny south ofSR 434); S1. 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 Improvement Area Legal
Description by reference to plat book and pages, and attachment liB" entitled Tuscawilla
Improvement Area Boundary Map.
Plat Book Page (inclusive) Plat Book Page (inclusive)
50 42-50 Howell Creek
Reserve 10-12
49
48 52-54 50 82-84
26 57 -59 52 87-88
44 35-37 Reserve at 31-(37) minus
Tuskawilla tract C, (35)
48 minus tract I
41 42-45 48 36-40
37 53-54 50 3-9
40 98-100 No Plat Book and
Page for
Tuscany Place
42 35-36 48 18-25
29 35 43 57 -58
30 97 -98 33 17-19
45 82-83 20 18
46 64-65 21 32-33
52 13-14 22 46-47
48 47 -51 23 25-28
48 89-92 24 72-73
46 25-26 Tuscawilla Unit 22
(A)
23
22 4-6 25 57 -58
23 78-80 26 51-52
25 33-37 26 53-54
45 18-20 26 55-56
49 8-9 28 98-102
50 20-21 27 22
23 96-98 29 1-2
33 54 32 21-24
49 78-82 37 6-10
55 37 -39 36 1:1-12
40 14-21 20 56-57
40 21 21 11-12
43 53-56 21 13-14
37 1-4 24 33-35
37 5 54 ,16-77
46 12-15 16 82-83
46 91-94 17 89-90
33 1-4 18 6-8
40 42-44 24 97 -98
32 32 24 97 -98 (Replat)
41 24
Attachment" A"
TUSCAWILLA IMPROVEMENT AREA
LEGAL DESCRIPTION BY REFERENCE TO
PLAT BOOK AND PAGES
Attachment "B"
Tuscawilla Improvement Area Boundary Map
APPENDIX 0
FORM OF PREPAYMENT NOTICE
(NORMAL)
NOTICE OF OPTION TO PREPAY ASSESSMENT
OWNER NAME:
ACCOUNT NUMBER:
On August 9, 1999, the City Commission of Winter Springs, Florida, imposed
special assessments against property within the Tuscawilla Improvement Area to fund the
construction of local improvements. Annual assessments will be payable for a period of
30 years, commencing with the ad valorem tax bill to be mailed in November 1999.
You may choose to prepay this assessment, without financing cost, at any time prior
to [insert date). The table below shows the number of parcel units attributable to your
property and the amount necessary to prepay the assessment.
-------------------------------------------------------------------
-------------------------------------------------------------------
Number of ERUs for your property:
Prepayment Amount: _ units at $ = $
-------------------------------------------------------------------
-------------------------------------------------------------------
If you choose to prepay, please deliver your check payable to the City of Winter
Springs to 1126 East State Road 434, Winter Springs, Florida 32708 on or prior to [insert
date). If you do not choose to prepay, the first annual assessment will appear on the ad
valorem tax bill mailed to you in November 1999.
The assessment may be prepaid following [insert date]; however, the prepayment
amount will be increased to cover the City's financing cost.
If you have any questions, please contact the City Manager's office at (407) 327-
1800.
D-1
APPENDIX E
FORM OF PREPAYMENT NOTICE
(CORRECTED PARCELS)
NOTICE OF OPTION TO PREPAY ASSESSMENT
OWNER NAME:
ACCOUNT NUMBER:
On August 9, 1999, the City Commission of Winter Springs, Florida, imposed
special assessments against property within the Tuscawilla Improvement Area to fund the
construction of local improvements. Annual assessments will be payable for a period of
30 years, commencing with the ad valorem tax bill to be mailed in November 1999.
As you were previously notified, a data processing error caused the notice mailed
to you on July 19, 1999 to contain incorrect information regarding your proposed
assessment amount. The prepayment amount below reflects the corrected amount. If you
choose to do so, it is this higher prepayment amount that should be used to prepay this
assessment, without financing cost, at any time prior to [insert date). The table below
shows the correct number of units attributable to your property and the amount necessary
to prepay the assessment.
----------------------------------~--------------------------------
-------------------------------------------------------------------
Number of ERUs for your property:
Prepayment Amount: _ units at $ = $
-------------------------------------------------------------------
-------------------------------------------------------------------
If you choose to prepay, please deliver your check payable to the City of Winter
Springs to 1126 East State Road 434, Winter Springs, Florida 32708 on or prior to [insert
date). If you do not choose to prepay, the first annual assessment will ap.pear on the ad
valorem tax bill mailed to you in November 1999.
E-1
The assessment may be prepaid following [insert date]; however, the prepayment
amount will be increased to cover the City's financing cost.
If you have any questions, please contact the City Manager's office at (407) 327-
1800.
E-2
APPENDIX F
FORM OF ASSESSMENT NOTICE
NOTICE OF ASSESSMENTS
On August 9, 1999, the City Commission of Winter Springs, Florida, adopted
Resolution No. 99-[final], which imposed special assessments against property located
within the Tuscawilla Improvement Area to finance local improvements. Attached as
Exhibit A to this notice is a list ofthe affected tax parcel numbers and property owners (as
shown on the Seminole County ad valorem tax assessment roll as of the effective date of
Resolution No. 99-[final]) and the number of ERUs attributable to each parcel. Annual
assessments will be payable for a period of 30 years, commencing with the first fiscal year
of the City following the issuance of obligations to finance these local improvements, and
will be collected on the ad valorem tax bill, as authorized by Section 197.3632, Florida
Statutes. The method of computing the annual assessment for any parcel of property to
which the Property Appraiser has assigned a distinct ad valorem property tax identification
number is set forth in Resolution No. 99-884. The assessment roll, which identifies the
number of ERUs attributable to each parcel of property is on file in the office of the City
Manager and is open to public inspection. Resolution No. 99-[final] establishes an annual
assessment rate of $ per ERU.
This notice is recorded to provide constructive notice of the annual assessment to
purchasers of property located within the Tuscawilla Improvement Area. Neither
Resolution No. 99-884, Resolution No. 99-[final] nor this notice will create a lien upon the
property described above. The City Commission will adopt an annual assessment
resolution for each fiscal year. Upon adoption of each annual assessment resolution,
assessments shall constitute a lien against assessed property equal in rank and dignity
F-1
with the liens of all state, county, district or municipal taxes and other non-ad valorem
assessments. The lien sfrlall be deemed perfected upon adoption of each annual
assessment resolution and shall attach to the property included on the assessment roll as
of the prior January 1, the lien date for ad valorem taxes. This notice does not and shall
not be construed to require that individual liens or releases be filed in the Official Records.
(SEAL)
WINTER SPRINGS, FLORIDA
By:
Paul P. Partyka
Mayor
ATTEST:
Andrea Lorenzo-Luaces
Interim City Clerk
APPROVED AS TO FORM:
Frank C. Kruppenbacher
City Attorney
F-2
EXHIBIT A
TUSCAWILLA IMPROVEMENT AREA
The following table includes tax parcel numbers included within the Tuscawilla
Improvement Area, the property owner of each parcel (as shown on the Seminole County
ad valorem tax assessment roll as of the effective date of Resolution No. 99-884) and the
number of ERUs attributable to each parcel.
APPENDIX G
FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL
CERTIFICATE
TO
NON-AD 1lALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that, I am the Mayor of the City of Winter Springs, Florida the
uCity"}; as such I have satisfied myself that all property included or includable on the
non-ad valorem assessment roll for Tuscawilla local improvements 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 15,1999.
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 9- day of August ,1999.
CIT,~'@F~IN,[VT~ft $~RT1~GS, F~cQRIDA
~,
By: ' ~
Paul . Partyka
Mayor
[to be delivered to Tax Collector prior to September 'iS]
G-1