Loading...
HomeMy WebLinkAboutResolution 2000-10 Oak Forest Assessment RESOLUTION NO. 2000-10 A RESOLUTION OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA RELATING TO THE CONSTRUCTION AND FUNDING OF THE OAK FOREST SUBDIVISION WALL; CREATING THE OAK FOREST ASSESSMENT AREA; IMPOSING SPECIAL ASSESSMENTS AND EST ABLISIDNG THE MAXIMUM ANNUAL AMOUNT FOR EACH TAX PARCEL; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida (the "City Commission") enacted Ordinance No. 98-704 on July 27, 1998 (the "Ordinance") to provide for the imposition of special assessments to fund (1) the construction of Local Improvements to benefit property located in proposed special assessment areas and (2) the cost of maintaining such Local Improvements; and WHEREAS, on April 1 0,2000, the City Commission adopted Resolution No. 2000- 06 (the "Initial Assessment Resolution"), proposing the creation of the Oak Forest Assessment Area and describing the method of assessing the capital and maintenance cost of the Oak Forest Subdivision Wall (as defmed therein) against the real property that will be specially benefitted thereby, and directing preparation of the tentative Improvement Assessment Roll, Maintenance Assessment Roll and provision of the notices required by the Ordinance; and WHEREAS, pursuant to the provisions of the Ordinance, the City Commission is required to confmn or repeal the Initial Assessment Resolution, with such amendments as OFFICIAL RECORDS BOOK 3985 PAGE 0328 SEMINOLE CO. FL. MARYANNE MORSE CLERK OF CIORCUIT COURT 576737 SEMINOLE COUNTY, FL RECORDED & VERIFIED 2000 AUG 16 PM 12:45 the City Commission deems appropriate, after hearing comments and receving objections of all interested parties; and WHEREAS, the Improvement Assessment Roll and the Maintenance Assessment Roll (collectively, the "Assessment Rolls") have heretofore been filed with 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 B and C respectively; 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 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 Resolution as defmed in the Initial Assessment Resolution. All capitalized terms in this Final Resolution shall have the meanings defined in the Ordinance and the Initial Assessment Resolution. OFFICIAL RECORDS BOOK 3905 PAGE 0329 SEMINOLE CO. FL. SECTION 3. AMENDMENT TO SECTION 4.04(A) OF THE INITIAL ASSESSMENT RESOLUTION. Section 4.04(A) of the Initial Assessment Resolution is hereby amended to read as follows: (A) DEBT SERVICE AMOUNT. A "Debt Service Amount of $ per Benefit Unit will be used for each Fiscal Year the Obligations remain outstanding. The amount is computed by dividing (1) the maximum amoWlt of debt service which would be payable in accordance. with an estimated debt service schedule prepared by the City's investment banker, assuming approximately level debt service payments over a 30-year term and interest rates equal to those currently available in the investment banker's judgment for comparable securities, by (2) the total number of Benefit Units in the Oak Forest Assessment Area. SECTION 4. CREATION OF THE ASSESSMENT AREA. The Oak Forest Assessment Area is hereby created to include the property described in Appendix A hereto. The Oak Forest Assessment Area is created for the purpose of enhancing the use and enjoyment of property located therein by funding the Oak Forest Subdivision Wall. SECTION 5. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The Initial Assessment Resolution, as modified by Section 3 hereof, is hereby ratified and confirmed. OFFICIAL RECORDS BOOK 3905 PAGE 0330 SEMINOLE CO. FL. SECTION 6. APPROVAL OF ASSESSMENT ROLLS. The Assessment Rolls, which are currently on file with the City Manager and incorporated herein by reference, are hereby approved. SECTION 7. IMPROVEMENT AND MAINTENANCE ASSESSMENTS. (A) The Tax Parcels described in the Improvement Assessment Roll are hereby found to be specially benefitted by construction of the Oak Forest Subdivision Wall in the amount of the maximum annual Improvement Assessment set forth in the Improvement Assessment Roll. The methodology for computing annual Improvement Assessments described in the Initial Assessment Resolution is hereby approved. Annual Improvement Assessments computed in the manner described in the Initial Assessment Resolution are hereby levied and imposed on all Tax Parcels described in the Improvement Assessment Roll. Tax Parcels located in the Oak Forest Assessment Area shall have a maximum annual Improvement Assessment rate of $90.00 per Benefit Unit for a period of thirty (30) years, commencing with the tax bill mailed in November, 2000. (B) The Tax Parcels described in the Maintenance Assessment Roll are hereby found to be specially benefitted by the maintenance of the Oak Forest Subdivision Wall in the amount of the maximum annual Maintenance Assessment set forth in the Maintenance Assessment Roll. The methodology for computing annual Maintenance Assessments described in the Initial Assessment Resolution is hereby approved. Annual Maintenance Assessments computed in the manner described in the Initial Assessme'nt Resolution are OFFICIAL RECORDS BOOK 3905 PAGE 0331 SEMINOLE CO,. FL. hereby levied and imposed on all Tax Parcels described in the Maintenance Assessment Roll. Tax Parcels located in the Oak Forest Assessment Area shall have a maximum annual Maintenance Assessment rate of $35.00 per Benefit Unit, commencing with the tax bill mailed in November, 2000. (C) Upon adoption of the Annual Assessment Resolution for each Fiscal Year, the 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 Assessment Resolution and shall attach to the property included on the Assessment Rolls as of the prior January 1, the lien date for ad valorem taxes. SECTION 8. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act. Upon adoption of the Annual Assessment Resolution for each Fiscal Year, the City Manager shall cause the certification and delivery of the Assessment Rolls to the Tax Collector by September 15, in the manner prescribed by the Uniform Assessment Collection Act. SECTION 9. EFFECT OF FINAL RESOLUTION. The adoption of this Final Resolution shall be the final adjudication of the issues presented herein and in the Initial Assessment Resolution (including, but not limited to, the method by which the OFFICIAL RECORDS BOOK 3905 PAGE 0332 SEMINOLE CO. FL. Assessments will be computed, the Assessment Rolls, the maximum annual Improvement Assessment, the maximum annual Maintenance Assessment, the levy and lien of the Assessments and the terms for prepayment of the Improvement Assessments) unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action on this Final Resolution. SECTION 10. PREPA YMENT NOTICE. The City Manager is hereby directed to provide notice by ftrst class mail to the owner of each Tax Parcel described in the Improvement Assessment Roll of the opportunity to prepay all future annual Improvement Assessments, without additional ftnancing cost. The 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 2.03 of the Initial Assessment Resolution. SECTION 11. ASSESSMENT NOTICE. The City Manager is hereby directed to record tbis Resolution as notice of the Assessments in the Official Records Book in the office of the Seminole County Clerk of Courts. The preliminary Assessment Rolls and each annual Assessment Roll shall be retained by the City Manager and shall be available for public inspection. OFFICIAL RECORDS BOOK 3905 PAGE 0333 SEMINOLE CO. FL. 6 W \0 ttJ OC <::) O. CJ1 ;.J<;- ( " r :;; f"1 0 (" W ~~ W QC ,..,C11 W SECTION 12. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this 10th day of May, 2000. CITY OF WINTER SPRINGS, FLORIDA By: Paul P. Partyka, Mayor (SEAL) ATTEST: Andrea Lorenzo-Luaces City Clerk APPROVED AS TO FORM By. Anthony A. Garganese City Attorney OFFICIAL RECORDS BOOK 3905 PAGE 0334 SEMINOLE CO. FL. APPENDIX A DESCRIPTION OF OAK FOREST ASSESSMENT AREA OFFICIAL RECORDS BOOK 3905 PAGE -0335 SEMINOLE CO. FL. OAK FOREST ASSESSMENT AREA The OAK FOREST DEVELOPMENT including Oak Forest Unit 1 as recorded in Plat Book 22 Pages 82-83, Oak Forest Unit 2 as recorded in Plat Book 24 Pages 95-96, Oak Forest Unit 2A as recorded in Plat Book 23 Page 62, Oak Forest Unit 2B as recorded in Plat Book 26 Pages 85-86, Oak Forest Unit 3 as recorded in Plat Book 27, Pages 92-93, Oak Forest Unit 4 as recorded in Plat Book 29 Pages 59-60, Oak Forest Unit 5 as recorded in Plat Book 31 Pages 89-90, Oak Forest Unit 6 as recorded in Plat Book 35 Pages 25-27, Oak Forest Unit 7 as recorded in Plat Book 39, Pages 16-17, and Oak Forest Unit 8 as recorde~ in Plat Book 41 Pages 91-94 of the Seminole County Records. OFFICIAL RECORDS BOOK 3905 PAGE 0336 SEMINOLE CO. FL. APPENDIX B PROOF OF PUBLICATION OFFICIAL RECORDS BOOK 3905 PAGE -337 SEMINOLE CO. FL. [MAP OF OAK FOREST ASSESSMENT AREA] NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON-AD VALOREM ASSESSMENTS Notice is hereby given that the City Commission of Winter Springs, Florida, will conduct a public hear- ing to consider creation of the Oak Forest Assessment Area, as shown above, and to impose non-ad val- ; orem assessments against certain property located therein and collecting the assessments on the ad val- orem tax bill. The hearing will be held at 6:30 P.M. on May 10, 2000, in the Winter Springs High School,. Auditorium, 130 Tuskawilla Road, Winter Springs, Florida. In accordance with the Americans with' Disabilities Act, persons needing a special accommodation or an interpreter to participate in this pro- ceeding should contact the City Clerk's office at (407) 327-1800 at least 48 hours prior to the date of the " heari!lg. 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. Any person wishing to appeal any decision of the City Commission with respect to any matter considered will need a record and may wish to ensure ,.. that a verbatim record is made."- The assessments hkve been proposed to fund capital and maintenance costs for construction of a privacy wall to serve the Oak Forest Assessment Area. The project to construct the privacy wall is referred to as the Oak Forest Subdivision Wall. The assessment for each parcel of property within the Oak Forest Assessment Area will be 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 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 adopted by the City Commission on April 1 0, 2000. Copies of the Initial Assessment Resolution, the plans and specifications for the project, and the preliminary assessment rolls are available for inspection at the offices of the City) : Manager, located at i 126 East State Road 434, Winter Springs, Florida. Annual capital and maintenance assessments to fund the Oak Forest Subdivision Wall will be col- lected on the ad valorem tax bill for a period of 30 years, commencing with the tax bill to be mailed in , November 2000. Failure to pay the assessments will cause a tax certificate to be issued against the prop- " erty which may result in a loss of title. Future annual capital assessments may be prepaid at the option of the property owner. However, future annual maintenance assessments may not be prepaid. If you have any questions, please contact the City Manager's Office at (407) 327-5999. OAK FOREST ASSESSMENT AREA WINTER SPRINGS, FLORIDA OFFICIAL RECORDS BOOK 3905 PAGE 0338 SEMINOLE CO. FL. APPENDIX C AFFIDAVIT OF MAILING OFFICIAL RECORDS B OOK 3905 PAGE 0339 SEMINOLE CO. FL AFFIDAVIT OF MAILING STATE OF FLORIDA COUNTY OF LEON BEFORE ME, the undersigned authority, personally appeared Tom Branham, whO: after being duly sworn, deposes and say: I, Tom Branham, have been designated by the City Manager of Winter Springs, Florida, to mail the notices required by Section 2.03 of Resolution No. 2000-06, adopted by the City Commission of Winter Springs, Florida on April 10, 2000 (the tlInitial Assessment Resolution"). On or before April 19, 2000, I mailed or directed the mailing of, a notice in accordance with Section 2.03 of the Initial Assessment Resolution by frrst class mail, to each owner of property within the Oak Forest Assessment Area in conformance with the requirements of Ordinance No. 98-704, enacted by the City Commission of Winter Springs, Florida, 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 SA YETH NOT. Affiant OFFICIAL RECORDS BOOK 3905 PAGE 0340 SEMINOLE CO. FL. STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me by Tom Branham, who ii personally known to me or who has produced FDL #B655-839-51-103-0as identIfication and did (did no~ take an oath. WITNESS, my hand and official seal this 10 day of May , A.D., 2000. Tania Haas Signature of person taking acknowledgment Tania Haas Name of acknowledger (printed) My Commisssion expires: February 10, 2004 APPENDIX D FORM OF PREPAYMENT NOTICE OFFICIAL RECORDS BOOK 3905 PAGE 0342 SEMINOLE CO. FL. CITY OF WINTER SPRINGS, FLORIDA [Insert Date] [Property Owner Name] [Street Address] [City, State and Zip] RE: Parcel I.D. Number [Insert Number] Oak Forest Assessment Area Dear Property Owner: On May 10, 2000, the City Commission of Winter Springs, Florida created the Oak Forest Assessment Area and imposed special assessments against property within the Oak Forest Assessment Area to (1) fund the construction of a privacy wall referred to as the Oak Forest Subdivision Wall and (2) fund related maintenance costs. Annual capital assessments will be payable for a period of thirty (30) years. Both the capital assessment and the maintenance assessment will be placed on the tax bill commencing with the tax bill mailed in November, 2000. As described in our previous letter, the assessment for each parcel of property within the Oak Forest Assessment Area will be 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). You may choose to prepay the capital portion of your assessment, without fmancing cost, at any time prior to [INSERT DATE]. The table below shows the number of Benefit Units attributable to your property and the amount necessary to prepay the capital portion of your assessment. Nwnber of Benefit Units for your property: Prepayment Amount: _ Benefit Units at $ = $ OFFICIAL RECORDS BOOK 3905 PAGE 0343 SEMINOLE CO. FL. D-l 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 DA TE]. If you do not choose to prepay, the fIrst annual capital assessment, along with your annual maintenance assessment, will appear on the ad valorem tax bill mailed to you in November, 2000. The a,ssessment may be prepaid following [INSERT DATE]; however, the prepayment amount will be increased to cover the City's fmancing cost. If you have any questions, please contact the City Manager's office at (407) 327-1800. ~ WINTER SPRINGS, FLORIDA OFFICIAL RECORDS BOOK 3905 PAGE 0344 SEMINOLE CO. FL. ATTACHMENT NO. 2 OAK FOREST WALL & BEAUTIFICATION DISTRICT Public Estimated Ju/v 97 Ju/v 99 April 00 Hearing WALL IMPROVEMENT COST $340,000 $593,895 $593,895 $593,895 CONTINGENCY $41,000 $29,700 $44,542 $29,700 CONSTRUCTION & ENGINEERING INSPECTION $0 $65,910 $65,910 $65,910 ASSESSMENT PROGRAM/ADMIN COSTS $65,000 $65,000 $65,000 $45,000 $446,000 $754,505 $769,347 $734,505 INTERLOCAL AGREEMENT CONTRIBUTION ($292,000) ($292,000) ($292,000) ($292,000) ENGINEERING DESIGN & FOOTER COST $292,000 $247,877 $247,877 $247,877 $0 ($44,123) ($44,123) ($44,123) Capital Cost $446,000 $710,382 $725,224 $690,382 Capital Prefinancing-PrepaymentlEquivalent Benefit Unit $732.28 $752.70 $716.37 Frontage Lot @ 1.25 Benefit Units $915.35 $940.88 $895.45 Noise Zone Lot @ 1.10 Benefit Units $805.50 $827.97 $788.00 General Lot @ 1.0 Benefit Units $732.28 $752.70 $716.37 $740K@7% ANNUAL DEBT SERVICE $30,000 $53,000 $71,600 $61,900 ANNUAL MAINTENANCE/REPLACEMENT COSTS $8,500 $14,000 $14,000 $14,000 ANNUAL ADMIN.lCOLLECTION COSTS/DISCOUNT $10,235 $12,019 $12,644 $15,600 $48,735 $79,019 $98,244 $91,500 Number of Benefit Units (BU's) 970.10 970.10 966.20 963.20 Annual Cost with No prepayment Cost for 710 General Lots @1.0 BU $50.24 $81.45 $125.00 $95.00 Cost for 167 Noise Zone Lots @1.1 0 BU $55.26 $89.60 $137.50 $104.50 Cost for 58 Frontage Lots @1.25 BU $62.80 $101.82 $156.25 $118.75 Annual Maintenance Only Cost if Capital Portion Prepaid Maintenance Cost for 710 General Lots @1.0 au Maintenance Cost for 167 Noise Zone Lots @1.1 0 BU Maintenance Cost for 58 Frontage Lots @1.25 au 05/05/2000 $23.41 $35.00 $24.00 $25.75 $38.50 $26.40 $29.26 $43.75 $30.00 OFFICIAL RECORDS BOOK 3905 PAGE 0345 SEMINOLE CO. FL. A TT ACHMENT NO. 3 OAK FOREST WALL PROJECT FIRST BILLING ON THE NOVEMBER 2000-01 TAX BILL DETAILED CRITICAL EVENTS SCHEDULE EVENT DATE Publish Notice of Intent to Use Uniform Method of Collection November - December 1999 Apportionment methodology developed/refined December 1999 - January 2000 Adopt Resolution of Intent to Use Uniform Method of Collection By January 1 , 2000 .. Notice of Intent to Tax Collector and Property Appraiser January 10, 2000 Construction costs determined March 2000 Review financing options March 2000 Initial Assessment Resolution adopted April 10, 2000 First Class Notices mailed April 19, 2000 Publish notice of Public Hearing April 19, 2000 Public Hearing/Final Assessment Resolution adopted May 10, 2000 Send Prepayment Notices May 17,2000 Prepayment Period Ends June 23, 2000 Calculate adjusted prepayment rates June 30, 2000 Assessment Roll Certified September 15, 2000 Tax Bill Mailed November 2000 Bonds issued 2000 OFFICIAL RECORDS BOOK 3905 PAGE 0346 SEMINOLE CO. FL. Revised: 4/28/00 [MAP OF OAK FOREST ASSESSMENT AREA] NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON-AD VALOREM ASSESSMENTS Notice is hereby given that the City Commission of Winter Springs, Florida, will conduct a public hear- ing to consider creation of the Oak Forest Assessment Area, as shown above, and to impose non-ad val- orem assessments against certain property located therein and collecting the assessments on the ad val- orem tax bill. The hearing will be held at 6:30 P.M. on May 10, 2000, in the Winter Springs High School Auditorium, 130 Tuskawilla Road, Winter Springs, Florida. In accordance with the Americans with. Disabilities Act, persons needing a special accommodation or an interpreter to participate in this pro- ceeding should contact the City Clerk's office at (407) 327-1800 at least 48 hours prior to the date ofthe 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. Any person wishing to appeal any decision of the City Commission with respect to any matter considered will need a record and may wish to ensure that a verbatim record is made. The assessments have been proposed to fund capital and maintenance costs for construction of a privacy wall to serve the Oak Forest Assessment Area. The project to construct the privacy wall is referred to as the Oak Forest Subdivision Wall. The assessment for each parcel of property within the Oak Forest Assessment Area will be 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 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 adopted by the City Commission on April 10, 2000. Copies of the Initial Assessment Resolution, the plans and specifications for the project, and the preliminary assessment rolls are available for inspection at the offices of the City Manager, located at 1126 East State Road 434, Winter Springs, Florida. Annual capital and maintenance assessments to fund the Oak Forest Subdivision Wall will be col- lected on the ad valorem tax bill for a period of 30 years, commencing with the tax bill to be mailed in November 2000. Failure to pay the assessments will cause a tax certificate to be issued against the prop- erty which may result in a loss of title. Future annual capital assessments may be prepaid at the option of the property owner. However, future annual maintenance assessments may not be prepaid. If you have any questions, please contact the City Manager's Office at (407) 327-5999. OAK FOREST ASSESSMENT AREA WINTER SPRINGS, FLORIDA