HomeMy WebLinkAboutResolution 888 Tuskawilla Improvement Area
RESOLUTION NO. 99- 888
A RESOLUTION OF THE CITY OF WINTER SPRINGS,
FLORIDA, RELATING TO THE PROVISION OF
TUSCAWILLA RELATED SERVICES; AMENDING THE
INITIAL RELATED SERVICE ASSESSMENT RESOLUTION;
CONFIRMING THE PROPERTY TO BE LOCATED WITHIN
THE TUSCAWILLA SERVICE AREA; IMPOSING
TUSCAWILLA SERVICE ASSESSMENTS AGAINST
CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER
SPRINGS; APPROVING THE TUSCAWILLA SERVICE
ASSESSMENT ROLL; CONFIRMING THE INITIAL RELATED
SERVICE ASSESSMENT RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Commission (the "Commission") of the City of Winter Springs,
Florida (the "City"), has enacted Ordinance No. 98-704, which authorizes the imposition
of Tuscawilla Service Assessments against real property specially benefited by the City's
Tuscawilla Related Services; and
WHEREAS, the imposition of a Tuscawilla Service Assessment is an equitable and
efficient method of allocating and apportioning the Operating Cost of the Tuscawilla
Related Services among the parcels of property that are specially benefited thereby; and
WHEREAS, on July 12, 1999, the Commission adopted Resolution No. 99-885, the
Initial Related Service Assessment Resolution, proposing the creation of the Tuscawilla
Service Area, and describing the method of assessing the Operating Cost of the
Tuscawilla Related Services against the real property that will be specially benefitted
thereby, and directing the preparation of the preliminary Tuscawilla Service 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 City is required to
confirm or repeal the Initial Related Service Assessment Resolution, with such
amendments as the Commission deems appropriate, after hearing comments and
receiving objections of all interested parties; and
WHEREAS, the Tuscawilla Service 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, a 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 FOR 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 Related Service
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 Related
Service Assessment Resolution.
SECTION 3. AMENDMENT TO SECTION 1.01 OF THE INITIAL RELATED
SERVICE ASSESSMENT RESOLUTION. Section 1.01 of the Initial Related Service
Assessment Resolution is hereby amended to add the following definitions:
"Annual Tuscawilla Service Component" means the amount
computed for each Tax Parcel pursuant to Section 2.05(A) hereof.
"Collection Cost Component" means the amount computed for
each Tax Parcel pursuant to Section 2.05(8) hereof.
"Statutory Discount Amount" means the amount computed for each
Tax Parcel pursuant to Section 2.05(C) hereof.
"Tuscawilla Service Assessment Collection Cost" means the
estimated cost to be incurred by the City during any Fiscal Year in
connection with the collection of Tuscawilla Service Assessments.
SECTION 4. AMENDMENT TO SECTION 2.05 OF THE INITIAL RELATED
SERVICE ASSESSMENT RESOLUTION. The existing Sections 2.05 and 2.06 shall be
renumbered as Sections 2.06 and 2.07 respectively and a new Section 2.05 shall be
added which shall read as follows:
"SECTION 2.05. COMPUTATION OF ASSESSMENTS.
The annual Tuscawilla Service Assessment shall be computed for each Tax
Parcel located in the Tuscawilla Service Area, other than Public Use
Parcels, in the manner set forth in this Section 2.05.
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(A) ANNUAL TUSCAWILLA SERVICE COMPONENT. The
"Annual Tuscawilla Service Component" shall be calculated for each Fiscal
Year for each Tax Parcel by (1) dividing (a) the Operating Cost by (b) the
total number of ERUs attributable to Tax Parcels within the Tuscawilla
Service Area, and (2) multiplying the result by the number of ERUs
attributable to the Tax Parcel.
(8) COLLECTION COST COMPONENT. The "Collection Cost
Component" shall be computed each Fiscal Year for each Tax Parcel by (1)
dividing (a) the Tuscawilla Service Assessment Collection Cost by (b) the
total number of ERUs located in the Tuscawilla Service Area, and (2)
multiplying the result by the number of ERUs attributable to the Tax Parcel.
(C) 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 Tuscawilla Service Component and (b) the
Collection Cost Component, from (2) the amount computed by dividing (a)
the sum of (i) the Annual Tuscawilla Service Component and (ii) the
Collection Cost Component, by (b) the factor of 0.96.
(D) ASSESSMENT. The annual Tuscawilla Service Assessment
for each Tax Parcel shall be computed as the sum of (1) the Annual
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Tuscawilla Service Component, (2) the Collection Cost Component, and
(3) the Statutory Discount Amount."
SECTION 5. CREATION OF THE TUSCAWILLA SERVICE AREA. The
Tuscwilla Service 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 RELATED SERVICE ASSESSMENT
RESOLUTION. The Initial Related Service Assessment Resolution is hereby ratified
and confirmed.
SECTION 7. APPROVAL OF TUSCAWILLA SERVICE ASSESSMENT ROLL.
The Tuscawilla Service 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 SERVICE ASSESSMENTS.
(A) The Tax Parcels described in the Tuscawilla Service Assessment Roll are
hereby found to be specially benefited by the provision of Tuscawilla Related Services in
the amount of the Tuscawilla Service Assessment set forth in the Tuscawilla Service
Assessment Roll. The methodology for computing annual Tuscawilla Service
Assessments described in the initial Local Improvement Assessment Resolution is
hereby approved. Annual Tuscawilla Service Assessments computed in the manner
described in the Initial Related Service Assessment Resolution are hereby levied and
imposed on all Tax Parcels described in the Tuscawilla Service Assessment Roll at ano
annual rate of $67.82 per ERU.
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(8) Such Tuscawilla Service Assessments shall constitute a lien upon the Tax
Parcels so assessed 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 for Tuscawilla Service Assessments shall be deemed perfected upon adoption
by the Commission ofthis Final Related Service Assessment Resolution. Upon perfection,
the lien for Tuscawilla Service Assessments collected under the Uniform Assessment
Collection Act shall attach to the property included on the roll as of the prior January 1, the
lien date for ad valorem taxes.
SECTION 9. COLLECTION OF TUSCAWILLA SERVICE ASSESSMENTS. The
Tuscawilla Service Assessments shall be collected pursuant to the Uniform Assessment
Collection Act. The City Manager is hereby authorized and directed to certify and deliver
or cause the certification and delivery of the Tuscawilla Service Assessment Roll to the
Tax Collector by September 15, in the manner prescribed by section 197.3632, Florida
Statutes. The Tuscawilla Service Assessment Roll, as delivered to the Tax Collector, shall
be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the
form attached hereto as Appendix D.
SECTION 10. - EFFECT OF ADOPTION OF RESOLUTION. The adoption of
this Final Related Service Assessment Resolution shall be the final adjudication of the
issues presented herein and in the Initial Related Services Assessment Resolution
(including, but not limited to, the apportionment m-ethodology, the legislative
determinations of special benefit and fair apportionment, the rate of assessment, the
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adoption of the Tuscawilla Service Assessment Roll and the levy and lien of Commission
action on the Tuscawilla Service Assessments), unless proper steps shall be initiated in
a court of competent jurisdiction to secure relief within 20 days from the date of this Final
Related Service Assessment Resolution.
SECTION 11.
EFFECTIVE DATE. This resolution shall take effect
immediately upon its adoption, this 9th day of August, 1999.
CITY OF WINTER SPRINGS, FLORIDA
(SEAL)
By:
Paul P. Partyka
Mayor
ATTEST:
Andrea Lorenzo-Luaces
Interim City Clerk
APPROVED AS TO FORM:
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 3.03 of Resolution No.
99-885, 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 3.03 of Resolution No. 99-885, adopted by the City of Winter
Springs, Florida, on July 12, 1999, by first class mail, to each owner of property within the
Tuscawilla Service Area 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 SERVICE AREA
TUSCA WILLA SERVICE AREA GENERAL BOUNDARY DESCRIPTION
The Tuscawilla Service 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 Lu~heran
Church; Indian Trails Middle School; Keeth Elementary School; and as more specifically
defined in attachment "A", entitled the Tuscawilla Service Area Legal Description by reference
to plat book and pages, and attachment "B" entitled Tuscawilla Service Area Boundary Map.
Attachment " A"
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 11-12
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 76-77
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
TUSCAWILLA SERVICE AREA
LEGAL DESCRIPTION BY REFERENCE TO
PLAT BOOK AND PAGES
Attachment "B"
Tuscawilla Service Area Boundary Map
APPENDIX D
FORM OF CERTIFICATE TO
NON-AD VALOREM ASSESSMENT ROLL
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 related services (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 9th day of August _.__..._' 1999.
CITY OF WINTER SPRINGS, FLORIDA
By:
Paul P. Partyka
Mayor
[to be delivered to Tax Collector prior to September 15]
D-1