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HomeMy WebLinkAboutResolution 2005-40 Tuskawilla Phase II CITY OF WINTER SPRINGS, FLORIDA INITIAL IMPROVEMENT ASSESSMENT RESOLUTION AND MAINTENANCE ASSESSMENT RESOLUTION FOR THE TUSCA WILLA (PHASE II) ASSESSMENT AREA ADOPTED OCTOBER 10, 2005 TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS ....... ............ ............ ................... ............ ............... 2 SECTION 1.02. INTERPRETATION .................................................................. 12 SECTION 1.03. FINDINGS .............. .......... ............. ..... ......... ................ .............. 13 ARTICLE II NOTICE AND PUBLIC HEARING SECTION 2.01. PUBLIC HEARING ................................................................... 17 SECTION 2.02. NOTICE BY PUBLICATION ................................................... 17 SECTION 2.03. NOTICE BY MAIL.................................................................... 17 ARTICLE III ASSESSMENTS SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREA........ 19 SECTION 3.02. ASSIGNMENT OF EQUIVALENT RESIDENTIAL UNITS.. 19 ARTICLE IV IMPROVEMENT ASSESSMENTS SECTION 4.01. SECTION 4.02. SECTION 4.03. SECTION 4.04. SECTION 4.05. SECTION 4.06. SECTION 4.07. SECTION 4.08. SECTION 4.09. SECTION 4.10. ESTIMATED CAPITAL COST ................................................ 23 IMPOSITION OF IMPROVEMENT ASSESSMENTS............ 23 PREPAYMENT AMOUNTS..................................................... 23 COMPUTATION OF IMPROVEMENT ASSESSMENTS .....25 INITIAL PREPAYMENT OPTION .......................................... 29 ADDITIONAL PREPAYMENT OPTION ................................ 30 MANDATORY PREP A YMENT ..............................................32 REALLOCATION .... ......... ........ .... ... ............. .................. .......... 33 IMPROVEMENT ASSESSMENT ROLL................................. 35 APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS....................... ........... .............................................. 35 City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted October 10,2005 SECTION 5.01. SECTION 5.02. SECTION 5.03. SECTION 5.04. SECTION 6.01. SECTION 6.02. SECTION 6.03. SECTION 6.04. SECTION 6.05. ARTICLE V MAINTENANCE ASSESSMENTS ESTIMATED MAINTENANCE COST ....................................37 IMPOSITION OF MAINTENANCE ASSESSMENTS............ 37 COMPUTATION OF MAINTENANCE ASSESSMENTS ..... 37 MAINTENANCE ASSESSMENT ROLL................................. 39 ARTICLE VI GENERAL PROVISIONS METHOD OF COLLECTION................................................... 40 SEVERABILITY... ................. .................... .............. .... ............. 40 EVIDENCE OF PAyMENT...................................................... 40 REPEAL OF PRIOR INCONSISTENT RESOLUTIONS........ 41 EFFECTIVE DATE ...... ............. ....... ....... ................ .......... ........ 41 City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the TuscawiUa (Phase II) Assessment Area" Adopted October 10, 2005 11 RESOLUTION NO. 2005-40 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE CONSTRUCTION OF CERTAIN LOCAL IMPROVEMENTS; DESCRIBING THE PROPERTY TO BE LOCATED WITHIN THE PROPOSED TUSCA WILLA (PHASE II) ASSESSMENT AREA; DETERMINING THE ESTIMATED CAPITAL COST AND MAINTENANCE COST OF THE TUSCAWILLA (PHASE II) IMPROVEMENT PROJECT; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITTED BY THE TUSCA WILLA (PHASE II) IMPROVEMENT PROJECT; ESTABLISHING THE METHOD OF ASSESSING THE CAPITAL COSTS AND MAINTENANCE COST OF THE TUSCA WILLA (PHASE II) IMPROVEMENT PROJECT AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY BENEFITTED THEREBY; DIRECTING THE CITY MANAGER TO PREP ARE A TENTATIVE IMPROVEMENT ASSESSMENT ROLL AND A TENTATIVE MAINTENANCE ASSESSMENT ROLL BASED UPON THE METHODOLOGY SET FORTH HEREIN; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED IMPROVEMENT AND MAINTENANCE ASSESSMENTS AND THE METHOD OF THEIR COLLECTION; DIRECTING THE PROVISION OF NOTICE IN CONNECTION THEREWITH; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. "Adjusted Prepayment Amount" means the amount required to prepay the Improvement Assessment for each Tax Parcel located in the Tuscawilla (Phase II) Assessment Area (A) following issuance of the Original Obligations, as computed pursuant Section 4.03(B} hereof and revised annually pursuant to Section 4.04(1) hereof, and (B) following issuance of any Refunding Obligations, as computed pursuant Section 4.03(C) hereof and revised annually pursuant to Section 4.04(1) hereof. "Annual Debt Service Component" means the amount computed for each Tax Parcel pursuant to Section 4.04(F) hereof. "Annual Debt Service Factor" means the factor computed pursuant to Section 4.04(E) hereof. "Annual Maintenance Component" means the amount computed for each Tax Parcel pursuant to Section 5.03(A) hereof. "Assessments" means the Improvement Assessments and the Maintenance Assessments. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 2 of 41 "Building" means any structure, whether temporary or permanent, built for support, shelter or enclosure of persons, chattel, or property of any kind. "Capital Cost" means all of the expenses that are properly attributable to the Tuscawilla (Phase II) Improvement Project, and imposition of the Improvement Assessments under generally accepted accounting principles; and including reimbursement to the City for any funds advanced for Capital Cost and interest on any interfund or intrafund loan for such purposes. "City" means the City of Winter Springs, Florida. "City Commission" means the City Commission for the City. "City Manager" means the administrative and executive head of the City as set forth in Article V of the City's Charter, or his or her designee. "Collector Roads" means certain roads within the Tuscawilla (Phase II) Assessment Area, including Northern Way, Seneca Boulevard, Vistawilla Drive, Trotwood Boulevard, Tuscora Drive, Greenbrier Lane, Howell Creek Drive, Deer Run, Dyson Drive and Shetland A venue, but excluding Winter Springs Boulevard. "Debt Service Amount" means the amount computed pursuant to Section 4.04(A) hereof. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 3 of 41 "Dwelling Unit" means a Building, or portion thereof, which is lawfully used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only. "ERU" means "Equivalent Residential Unit," the standard to be used in calculating the relative amount of special benefit to be derived by each Tax Parcel from the Tuscawilla (Phase II) Improvement Project, as assigned to each Tax Parcel within the Tuscawilla (Phase II) Assessment Area pursuant to Section 3.02 hereof. For purposes of computing the Improvement Assessment and Maintenance Assessment, a Building area equal to the ERU Value shall constitute one "ERU." "ERU Value" means 2,025 square feet, the average Building area of the Single- Family Residential Units located within the Tuscawilla (Phase II) Assessment Area. "Final Resolution" means the resolution described in Sections 3.06 and 4.06 of the Ordinance which shall confirm, modify or repeal this Resolution and which shall be the final proceeding for the imposition of the Improvement Assessments and Maintenance Assessments within the Tuscawilla (Phase II) Assessment Area. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the City. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 4 of 41 "Funding Agreement" means the agreement pursuant to which the City agrees to deliver the Obligations against payment therefor by the' purchaser or underwriter of such Obligations. "Government Property" means property owned by the United States of America, the State of Florida, a county, a special district, a municipal corporation, or any of their respective agencies. "Improved Parcel" means any Parcel Unit within the Tuscawilla (Phase II) Assessment Area on which a Building or other improvement has been placed or constructed. "Improvement Assessment" means an annual special assessment imposed against property located within the Tuscawilla (Phase II) assessment area to fund the Project Cost of the Tuscawilla (Phase II) Improvement Project, and related expenses, computed in the manner described in Section 4.04 hereof. "Improvement Assessment Collection Cost" means the estimated cost to be incurred by the City during any Fiscal Year in connection with the collection of Improvement Assessments. "Improvement Assessment Collection Cost Component" means the amount computed for each Tax Parcel pursuant to Section 4.04(G) hereof. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 5 of 41 "Improvement Assessment Roll" means a non-ad valorem assessment roll relating to the Project Cost of the Tuscawilla (Phase II) Improvement Project, and related expenses. "Improvement Assessment Statutory Discount Amount" means the amount computed for each Tax Parcel pursuant to Section 4.04(H) hereof. "Initial Prepayment Amount" means the amount computed pursuant to Section 4.03(A) hereof for each Tax Parcel located in the Tuscawilla (Phase II) Assessment Area to prepay the Improvement Assessment, in full, prior to issuance of the Original Obligations. "Local Improvement" means a capital improvement program or plan for the construction or installation by the City for the special benefit of a neighborhood or other local area, for which special assessments may be imposed pursuant to the Ordinance, including, but not limited to, street lampposts and signage. "Maintenance" means maintenance of the new street lampposts and signage that were constructed under the Tuscawilla (Phase II) Improvement Project, including cleaning, repairing and similar services. "Maintenance Assessment" means an annual special assessment imposed against property located within the Tuscawilla (Phase II) Assessment Area to fund the City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 6 of 41 Maintenance Cost of the Tuscawilla (Phase II) Improvement Project, and related expenses, computed in the manner described in Section 5.03 hereof. "Maintenance Assessment Collection Cost" means the estimated cost to be incurred by the City during any Fiscal Year in connection with the collection of Maintenance Assessments. "Maintenance Assessment Collection Cost Component" means the amount computed for each Tax Parcel pursuant to Section 5.03(B) hereof. "Maintenance Assessment Roll" means a non-ad valorem assessment roll relating to the Maintenance Cost of the Tuscawilla (Phase II) Improvement Project, and related expenses. "Maintenance Assessment Statutory Discount Amount" means the amount computed for each Tax Parcel pursuant to Section 5.03(C) hereof. "Maintenance Cost" means all or any portion of the expenses that are properly attributable to Maintenance under generally accepted accounting principals, including, without limiting the generality of the foregoing, reimbursement to the City for any funds advanced for Maintenance, and interest on any interfund or intra fund loan for such purpose. "Modified Debt Service Amount" means the amount computed pursuant to Section 4.04(C) hereof. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted October 10, 2005 Resolution Number 2005-40 Page 7 of 41 "Multi-Family Residential Parcel" means a Tax Parcel on which Multi-Family Residential Units have been constructed. "Multi-Family Residential Unit" means a Dwelling Unit contained in a Building that includes one or more other Dwelling Units, including by way of example and not limitation, apartments, condominiums, and duplexes. "Nonresidential Parcel" means any Improved Parcel Unit within the Tuscawilla (Phase II) Assessment Area which is not a Public Use Parcel, Single-Family Residential Parcel or a Multi-Family Residential Parcel. "Obligations" means Original Obligations or Refunding Obligations. "Operating Cost" means expenses that are properly attributable to Related Services, for which special assessments may be imposed pursuant to the Ordinance. "Ordinance" means Ordinance No.98-704, the Local Improvement and Related Service Assessment Ordinance. "Original Obligations" means bonds or other evidence of indebtedness including but not limited to, notes, commercial paper, capital leases or any other obligation issued or incurred to finance all or a portion of the Project Cost of the Tuscawilla (Phase II) Improvement Project and secured, in whole or in part, by proceeds of the Improvement Assessments. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase IT) Assessment Area" Adopted October 10, 2005 Resolution Number 2005-40 Page 8 of 41 "Parcel of Record" means an unplatted parcel of record in existence or a subdivision Platted Lot in existence on the effective date of this resolution, within the Tuscawilla (Phase II) Assessment Area. "Parcel Unit" means a Platted Lot or a Parcel of Record within the Tuscawilla (Phase II) Assessment Area. "Platted Lot" means a building lot located in the Tuscawilla (Phase II) Assessment Area that is described on a map or plat recorded in the Seminole County Official Records. "Prepayment Modification Factor" means the factor computed pursuant to Section 4.04{B) hereof. "Project Cost" means (A) the Capital Cost of the Tuscawilla (Phase II) Improvement Project, (B) the Transaction Costs associated with the Obligations attributable to the Tuscawilla (Phase II) Improvement Project, (C) interest accruing on such Obligations for such period of time as the City deems appropriate, (D) the debt service reserve fund or account, if any, established for the Obligations attributable to the Tuscawilla (Phase II) Improvement Project, and (E) any other costs or expenses related thereto. "Property Appraiser" means the Seminole County Property Appraiser. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (phase II) Assessment Area" Adopted October 10, 2005 Resolution Number 2005-40 Page 9 of 41 "Public Use Parcel" means any Parcel Unit located within the Tuscawilla (Phase II) Assessment Area that is used for public purposes and does not receive a special benefit from the Tuscawilla (Phase II) Improvement, including by way of example and not limitation, Government Property, rights-of-way and utility easements. "Refunding Obligations" means a series of bonds or other evidence of indebtedness including but not limited to, notes, commercial paper, capital leases or any other obligations of the City issued or incurred to refund all or any portion of the Original Obligations or any indebtedness issued to refinance the Original Obligations. "Related Service" means the operation and maintenance of a Local Improvement. "Single-Family Residential Parcel" means a Tax Parcel on which a Single- Family Residential Unit has been constructed. "Single Family Residential Unit" means a Building that contains a single Dwelling Unit. "Tax Parcel" means a parcel of property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase IT) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 10 of 41 "Transaction Cost" means the costs, fees and expenses incurred by the City in connection with the issuance and sale of any series of Obligations, including but not limited to (A) rating agency and other financing fees; (B) the fees and disbursements of bond counsel and disclosure counsel, if any; (C) the underwriters' discount; (D) the fees and disbursements of the City's investment banker; (E) the costs of preparing and printing the Obligations, the preliminary official statement, the final official statement, and all other documentation supporting issuance of the Obligations; (F) the fees payable in respect of any municipal bond insurance policy; (G) administrative, development, credit review, and all other fees associated with any pooled commercial paper or similar interim financing program; and (H) any other costs of a similar nature incurred in connection with issuance of such Obligations. "TuscawiIla (Phase 1) Improvement Project" means those Local Improvements constructed by the City, including but not limited to wing walls, median improvements, street lights and street monuments as further described in the Tuscawilla Improvement Area Initial Local Improvement Assessment Resolution adopted by the City on July 12, 1999 and the TuscawilIa Improvement Area Final Local Improvement Assessment Resolution adopted by the City on August 9, 1999. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase ll) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 11 of 41 "Tuscawilla (Phase II) Assessment Area" means the proposed Tuscawilla (Phase II) Assessment Area that receives the special benefit from the improvements described in Section 3.01 hereof. "Tuscawilla (Phase II) Improvement Project" means the removal of existing street signage and streetlights and installation of new decorative street lampposts and signage along the Collector Roads in the Tuscawilla (Phase II) Assessment Area. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non-ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. "Vacant Parcel" means any Parcel Unit that is not an Improved Parcel. SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms t1hereof,1t Ithereby," "herein," Ithereto," t1hereunderlt and similar terms refer to this Resolution; and the term "hereafter" means after, and the term Itheretofore" means before, the effective date of this Resolution. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the TuscawiIla (Phase II) Assessment Area" Adopted October 10, 2005 Resolution Number 2005-40 Page 12 of 41 SECTION 1.03. FINDINGS. It IS hereby ascertained, determined and declared that: (A) Pursuant to Article VIII, Section 2(b) of the Florida Constitution, and Sections 166.021 and 166.041, Florida Statutes, the City Commission has all powers of local self-government to perform municipal functions and to render municipal services except when prohibited by law and such power may be exercised by the enactment of legislation in the form of City ordinances. (B) The City Commission may exerCIse any governmental, corporate, or proprietary power for a municipal purpose except when expressly prohibited by law, and the City Commission may legislate on any subject matter on which the Legislature may act, except those subjects described in (a), (b), (c), and (d) of Section 166.021(3), Florida Statutes. The subject matter of paragraphs (a), (b), (c), and (d) of Section 166.021(3), Florida Statutes, is not relevant to imposition of assessments related to Local Improvements within the City. (C) The City Commission has enacted the Ordinance to provide for the creation of Assessment Areas (as defined in the Ordinance) and authorize the imposition of assessments to fund (1) the construction of Local Improvements to benefit the property located therein and (2) the cost of maintaining such Local Improvements. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted October 10, 2005 Resolution Number 2005-40 Page 13 of 41 (D) The City Commission desires to create the Tuscawilla (Phase II) Assessment Area as an Assessment Area under the Ordinance to fund the Project Cost and the Maintenance Cost of the Tuscawilla (Phase II) Improvement Project. The Tuscawilla (Phase II) Improvement Project provides Local Improvements and the Maintenance Cost constitutes the Operating Cost of a Related Service, as defined in the Ordinance and herein. (E) The Tuscawilla (Phase II) Improvement Project will provide a special benefit to all Parcel Units located within the Tuscawilla (Phase II) Assessment Area, other than Public Use Parcels, by improving and enhancing the aesthetics and safety; thus enhancing the value, use and enjoyment of such property. Due to their use, Public Use Parcels will not derive a special benefit from the Tuscawilla (Phase II) Improvement Proj ect. (F) The City Commission has reviewed the report prepared for the City by the firm of Government Services Group, Inc. and Nabors, Giblin & Nickerson, P.A. According to the report, by removing all existing street signage and streetlights and installing new decorative street lampposts and signage along the Collector Roads in the Tuscawilla (Phase II) Assessment Area, the Tuscawilla (Phase II) Improvement Project is a logical expansion of the Tuscawilla (Phase I) Improvement Project, and the identified benefit and apportionment methodology that was used for the Tuscawilla (Phase I) City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted October 10, 2005 Resolution Number 2005-40 Page 14 of 41 Improvement Project is valid for allocating the cost of the Tuscawilla (Phase II) Improvement Project. (G) The Tuscawilla (Phase II) Assessment Area is identical to the assessment area that was used for the Tuscawilla (Phase I) Improvement Project and there has been no material change in the overall use of property within the Tuscawilla (Phase II) Assessment Area since the Tuscawilla (Phase I) Improvement Project was completed. (H) Accordingly, similar to the Tuscawilla (Phase I) Improvement Project, the special benefit to be derived by Improved Parcels within the Tuscawilla (Phase II) Assessment Area from the Tuscawilla (Phase II) Improvement Project will be substantially proportional to the area of Buildings located thereon. Since approximately 90 percent of the Tax Parcels located within the Tuscawilla (Phase II) Assessment Area are Single-Family Residential Parcels, the number of ERUs attributable to Improved Parcels within the Tuscawilla (phase II) Assessment Area is properly derived from an ERU Value based on the average building area of the Single-Family Residential Units located within the Tuscawilla (Phase II) Assessment Area. (I) The City Commission hereby finds and determines that the Improvement Assessments and Maintenance Assessments, to be imposed in accordance with this Resolution, provide an equitable method of funding (1) construction of the Tuscawilla (Phase II) Improvement Project and (2) maintenance of the improvements provided by City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 15 of 41 the Tuscawilla (Phase II) Improvement Project by fairly and reasonably allocating the cost based on the special benefit derived by the property, in the manner hereinafter described in Section 3.02 hereof. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (phase II) Assessment Area" Adopted October 10, 2005 Resolution Number 2005-40 Page 16 of 41 ARTICLE II NOTICE AND PUBLIC HEARING SECTION 2.01. PUBLIC HEARING. A public hearing will be conducted by the City Commission at 6:30 P.M., or as soon thereafter as the matter can be heard, on November 14,2005, in the City Commission Chambers of City Hall located at 1126 East State Road 434, Winter Springs, Florida to consider (A) creation of the Tuscawilla (Phase II) Assessment Area, (B) imposition of the Assessments, and (C) collection of the Assessments pursuant to the Uniform Assessment Collection Act. SECTION 2.02. NOTICE BY PUBLICATION. Upon completion of the tentative Improvement Assessment Roll and the Maintenance Assessment Roll, the City Manager shall publish a notice of the public hearing authorized by Section 2.01 hereofin the manner and the time provided in Section 3.04 of the Ordinance. Such notice shall be in substantially the form attached hereto as Appendix B. SECTION 2.03. NOTICE BY MAIL. Upon completion of the Improvement Assessment Roll and the Maintenance Assessment Roll, the City Manager shall, at the time and in the manner specified in Section 3.05 of the Ordinance, provide first class mailed notice of the public hearing authorized by Section 2.01 hereof to each property City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (phase In Assessment Area" Adopted October 10, 2005 Resolution Number 2005-40 Page 17 of41 owner proposed to be assessed at the address indicated on the Tax Roll. Such notice shall be in substantially the form attached hereto as Appendix C. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted October 10, 2005 Resolution Number 2005-40 Page 18 of 41 ARTICLE III ASSESSMENTS SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREA. The proposed Tuscawilla (Phase II) Assessment Area shall include the property located within the Tuscawilla Planned Unit Development, as more specifically identified in Appendix A attached hereto. The Tuscawilla (Phase II) Assessment Area is proposed for the purpose of enhancing the use and enjoyment of property located therein by funding the Tuscawilla (Phase II) Improvement Project. SECTION 3.02. ASSIGNMENT OF EQUIVALENT RESIDENTIAL UNITS. To reflect the relative amount of special benefit to be derived from the Tuscawilla (Phase II) Improvement Project, the number of ERU's attributable to each Parcel Unit within the Tuscawilla (Phase II) Assessment Area shall be determined in the manner set forth in this Section 3.02. Each Parcel Unit located within the Tuscawilla (Phase II) Assessment Area shall be assigned to one of the following classifications: Single-Family Residential Parcel, Multi-Family Residential Parcel, Nonresidential Parcel, Vacant Parcel, or Public Use Parcel. (A) SINGLE-FAMILY RESIDENTIAL PARCELS. The City Commission hereby finds and determines that each Single-Family Residential Parcel will derive a City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 19 of 41 substantially equivalent special benefit from the Tuscawilla (Phase II) Improvement Project. Since the ERU Value is equal to the average Building area of the Single-Family Residential Units located within the Tuscawilla (Phase II) Assessment Area, 1.0 ERUs will be assigned to each Single-Family Residential Parcel. (B) MULTI-FAMILY RESIDENTIAL PARCELS. The City Commission hereby finds and determines that each Multi-Family Residential Unit will derive a substantially equivalent special benefit from the Tuscawilla (Phase II) Improvement Project. Since the average Building area of the Multi-Family Residential Units is 1,218 square feet, approximately 60 percent of the average Building area of Single-Family Residential Units, 0.6 ERUs will be assigned to each Multi-Family Residential Unit. Accordingly, the number of ERUs attributable to each Multi-Family Residential Parcel shall be determined by multiplying the number of Multi-Family Residential Units located thereon by 0.6. (C) NONRESIDENTIAL PARCELS. The City Commission hereby finds and determines that (1) a Nonresidential Parcel with a Building area equal to the ERU Value will derive a special benefit from the Tuscawilla (Phase II) Improvement Project that is substantially equivalent to that derived by a Single-Family Residential Unit, (2) a Nonresidential Parcel with a Building area greater than the ERU Value will derive a City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (phase II) Assessment Area" Adopted October 10, 2005 Resolution Number 2005-40 Page 20 of 41 special benefit from the Tuscawilla (Phase II) Improvement Project that is proportionally greater than a Single-Family Residential Unit, and (3) each Nonresidential Parcel will derive a special benefit from the Tuscawilla (Phase II) Improvement Project that is at least equal to a Single-Family Residential Unit. Accordingly, the number of ERUs attributable to each Nonresidential Parcel shall be determined by dividing its primary Building square footage by the ERU Value; provided however, that at least 1.0 ERUs shall be assigned to each Nonresidential Parcel. (D) VACANT PARCELS. The City Commission hereby finds and determines that each Vacant Parcel is subject to development in a manner that would result in the assignment of at least 1.0 ERUs. Since the extent of development cannot be predicted accurately, 1.0 ERUs will be assigned to each Vacant Parcel. Notwithstanding the foregoing, if a permanent Single-Family Residential Unit is constructed on the common lot line of two Platted Lots on the date hereof, no ERUs will be assigned to the second Platted Lot. Upon subdivision or development of a Vacant Parcel, the number of ERUs attributable thereto will be adjusted in the manner set forth in Section 4.08 hereof. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (phase II) Assessment Area" Adopted October 10, 2005 Resolution Number 2005-40 Page 21 of 41 (E) PUBLIC USE PARCELS. The City Commission hereby finds and determines that due to their use, Public Use Parcels will not derive a special benefit from the Tuscawilla (Phase II) Improvement Project. Accordingly, no ERUs will be assigned to Public Use Parcels. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 22 of 41 ARTICLE IV IMPROVEMENT ASSESSMENTS SECTION 4.01. ESTIMATED CAPITAL COST. The estimated Capital Cost for the Tuscawilla (phase II) Improvement P~oject is $545,000. The Project Cost of the Tuscawilla (Phase II) Improvement Project will be funded through the imposition of Improvement Assessments against property located in the Tuscawilla (Phase II) Assessment Area. SECTION 4.02. IMPOSITION OF IMPROVEMENT ASSESSMENTS. The Improvement Assessments shall be imposed against all property located within the Tuscawilla (Phase II) Assessment Area, other than Public Use Parcels, for each Fiscal Year in which the Obligations remain outstanding, the amount of which shall be computed in accordance with this Article IV. When imposed, the Improvement Assessments for each Fiscal Year shall constitute a lien upon the Tax Parcels located in the Tuscawilla (Phase II) Assessment Area, pursuant to the Ordinance. SECTION 4.03. PREPAYMENT AMOUNTS. (A) Upon adoption of the Final Resolution, an Initial Prepayment Amount for each Tax Parcel located within the Tuscawilla (Phase II) Assessment Area shall be calculated as the amount computed by (1) dividing the number of ERUs attributable to City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 23 of 41 such Tax Parcel by the total number of ERUs attributable to Tax Parcels within the Tuscawilla (Phase II) Assessment Area and (2) multiplying the result by the estimated Capital Cost of the Tuscawilla (Phase II) Improvement Project. (B) Following issuance of the Original Obligations, an Adjusted Prepayment Amount for each Tax Parcel, other than those Tax Parcels as to which the Improvement Assessment has been prepaid prior to issuance of the Original Obligations, shall be computed by multiplying (1) the amount computed by dividing (a) the Initial Prepayment Amount established herein for such Tax Parcel, by (b) the aggregate Initial Prepayment Amounts for all Tax Parcels within the Tuscawilla (Phase II) Assessment Area, excluding those Tax Parcels as to which the Improvement Assessment has been prepaid prior to issuance of the Original Obligations, by (2) the principal amount of the Original Obligations. The Adjusted Prepayment Amount for each Tax Parcel shall be revised annually, as provided in Section 4.04(1) hereof. (C) Following issuance of any Refunding Obligations, a new Adjusted Prepayment Amount for each Tax Parcel, other than those Tax Parcels as to which the Improvement Assessment has been prepaid prior to issuance of such Refunding Obligations, shall be computed by multiplying (1) the amount computed by dividing (a) the Adjusted Prepayment Amount for such Tax Parcel, by (b) the aggregate Adjusted City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 24 of 41 Prepayment Amounts for all Tax Parcels within the Tuscawilla (Phase II) Assessment Area excluding those Tax Parcels as to which the Improvement Assessment has been prepaid prior to issuance of such Refunding Obligations, by (2) the principal amount of such Refunding Obligations. The Adjusted Prepayment Amount for each Tax Parcel shall be revised annually, as provided in Section 4.04(J) hereof. SECTION 4.04. COMPUTATION OF IMPROVEMENT ASSESSMENTS. The Improvement Assessments will be imposed for each Fiscal Year in which Obligations remain outstanding and collected on the ad valorem tax bill in the manner authorized by the Uniform Assessment Collection Act. The annual Improvement Assessment shall be computed for each Tax Parcel in the manner set forth in this Section 4.04. (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. (B) PREPAYMENT MODIFICATION FACTOR. A "Prepayment Modification Factor" shall be computed for each Fiscal Year by dividing (1) the amount computed by subtracting (a) the sum of the Adjusted Prepayment Amounts, as of the date City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 2S of 41 on which the Obligations are issued by the City, for all Tax Parcels as to which prepayment has been made following issuance of the Obligations, from (b) the total principal amount of Obligations initially issued by the City, by (2) the total principal amount of Obligations initially issued by the City. (C) MODIFIED DEBT SERVICE AMOUNT. A "Modified Debt Service Amount" shall be computed for each Fiscal Year by multiplying (1) the Debt Service Amount by (2) the Prepayment Modification Factor. (D) RECOMPUTATION OF ADJUSTED PREPAYMENT AMOUNT. Ifdue to subdivision or development of a Parcel Unit, the number of ERUs existing on the immediate prior June 1 is different than the number of ERUs used to compute the annual Improvement Assessments for the previous Fiscal Year (excluding any difference attributable to prepayments made after the Improvement Assessments for the prior Fiscal Year were computed), the Adjusted Prepayment Amount for each Tax Parcel shall be recomputed by (A) dividing (1) the number ofERUs attributable to the Tax Parcel on the immediate prior June 1 by (2) the number of ERUs used to compute the previous Fiscal Year's annual Improvement Assessments for such Tax Parcel, (B) multiplying the result by the total number of ERUs used to compute Initial Prepayment Amounts for all Tax Parcels located within the Tuscawilla (Phase II) Assessment Area (notwithstanding City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase IT) Assessment Area" Adopted October 10, 2005 Resolution Number 2005-40 Page 26 of 41 whether or not prepayments have been made in respect of such ERUs), (C) dividing the result by the total number of ERUs existing within the Tuscawilla (Phase II) Assessment Area on the immediate prior June 1 (notwithstanding whether or not prepayments have been made in respect of such ERUs), and (D) multiplying the result by the Adjusted Prepayment Amount utilized to compute the prior Fiscal Yearts annual Improvement Assessment for such Tax Parcel. If recomputing the Adjusted Prepayment Amount increases the annual Improvement Assessment or Adjusted Prepayment Amount payable in respect of any Tax Parcel to an amount greater than that included in the notice provided to each property owner pursuant to Section 2.03 hereof, the City Manager shall provide an additional notice to each property owner in the manner described in Section 3.05 of the Ordinance, providing the date, time and place that the City Commission will conduct a public hearing to approve the increased annual Improvement Assessment or Adjusted Prepayment Amount. (E) ANNUAL DEBT SERVICE FACTOR. An ItAnnual Debt Service Factor" shall be computed for each Fiscal Year by dividing (1) the Modified Debt Service Amount by (2) the aggregate Adjusted Prepayment Amount. (F) ANNUAL DEBT SERVICE COMPONENT. The "Annual Debt Service Component" shall be computed for each Fiscal Year for each Tax Parcel by multiplying City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (phase II) Assessment Area" Adopted October 10, 2005 Resolution Number 2005-40 Page 27 of 41 (1) the Adjusted Prepayment Amount of such Tax Parcel, by (2) the Annual Debt Service Factor. (G) IMPROVEMENT ASSESSMENT COLLECTION COST COMPONENT. The "Improvement Assessment Collection Cost Component" shall be computed each Fiscal Year for each Tax Parcel by (1) dividing (a) the Adjusted Prepayment Amount for such Tax Parcel by (b) the sum of the aggregate Adjusted Prepayment Amount, and (2) multiplying the result by the Improvement Assessment Collection Cost. (H) IMPROVEMENT ASSESSMENT STATUTORY DISCOUNT AMOUNT. The "Improvement Assessment 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 Improvement Assessment Collection Cost Component, from (2) the amount computed by dividing (a) the sum of (i) the Annual Debt Service Component and (ii) the Improvement Assessment Collection Cost Component, by (b) the factor of 0.96. (I) IMPROVEMENT ASSESSMENT. The annual Improvement Assessment for each Tax Parcel shall be computed as the sum of (1) the Annual Debt Service City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 28 of 41 Component, (2) the Improvement Assessment Collection Cost Component, and (3) the Improvement Assessment Statutory Discount Amount. (J) REVISION OF ADJUSTED PREPAYMENT AMOUNT. Upon issuance of the ad valorem tax bill for each Fiscal Year, the Adjusted Prepayment Amount for each Tax Parcel shall be recomputed by deducting (1) the amount computed by (a) dividing (i) the principal component of the Debt Service Amount utilized to compute the Debt Service Component for the Improvement Assessment Roll by (ii) the total Debt Service Amount utilized to compute the Annual Debt Service Component for the Improvement Assessment Roll and (b) multiplying the result by the Annual Debt Service Component included on the Improvement Assessment Roll for the Tax Parcel, from (2) the Adjusted Prepayment Amount utilized to compute the annual Improvement Assessment included on the Improvement Assessment Roll for such Tax Parcel. SECTION 4.05. INITIAL PREPAYMENT OPTION. (A) Following adoption of the Final Resolution, the City Manager shall provide a first class mailed notice to the owner of each Tax Parcel subject to the Improvement Assessment of the owner's option to prepay all future annual Improvement Assessments. On or prior to the date specified in such notice, the owner of each Tax Parcel subject to the Improvement Assessment shall be entitled to prepay all future annual Improvement City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 29 of 41 Assessments, upon payment of the Initial Prepayment Amount. The City Commission, in its sole discretion, may elect to accept prepayments pursuant to this Section 4.05 on any date prior to execution of the Funding Agreement. (B) The amount of all prepayments made pursuant to this Section 4.05 shall be final. The City shall not be required to refund any portion of a prepayment if (1) the actual Capital Cost of the Tuscawilla (Phase II) Improvement Project is less than the estimated Capital Cost upon which the Initial Prepayment Amount was computed, (2) annual Improvement Assessments will not be imposed for the full number of years anticipated at the time of such prepayment, or (3) there is a subsequent increase in the total number of ERUs which would have decreased the amount of such prepayment. SECTION 4.06. ADDITIONAL PREPAYMENT OPTION. (A) Following the date specified in the notice provided pursuant to Section 4.05(A) hereof, or such later date as the City Commission may allow in its sole discretion, the owner of each Tax Parcel subject to the Improvement Assessments shall be entitled to prepay all future unpaid annual Improvement Assessments upon payment of an amount equal to the sum of (1) the Adjusted Prepayment Amount for such Tax Parcel, and (2) interest on the Adjusted Prepayment Amount from the most recent date to which interest on the Obligations has been paid to the next date following such prepayment on City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (phase II) Assessment Area" Adopted October 10, 2005 Resolution Number 2005-40 Page 30 of 41 which the City can redeem Obligations after providing all notices required to redeem all or any portion of the Obligations. (B) During any period commencmg on the date the annual Improvement Assessment Roll is certified for collection pursuant to the Uniform Assessment Collection Act and ending on the next date on which unpaid ad valorem taxes become delinquent, the City may reduce the amount required to prepay the future unpaid annual Improvement Assessments for the Tax Parcel by the amount of the Improvement Assessment that has been certified for collection with respect to such Tax Parcel. (C) Except as provided in Section 4.08 hereof, the amount of all prepayments made pursuant to this Section 4.06 shall be final. The City shall not be required to refund any portion of a prepayment if (1) the Capital Cost of the Tuscawilla (Phase II) Improvement Project is less than the amount upon which such Adjusted Prepayment Amount was computed, (2) annual Improvement Assessments will not be imposed for the full number of years anticipated at the time of such prepayment, or (3) there is a subsequent increase in the total number of ERUs which would have decreased the amount of such prepayment. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the TuscawiIla (Phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 31 of 41 SECTION 4.07. MANDATORY PREPAYMENT. (A) The owner of a Tax Parcel subject to the Improvement Assessment shall immediately prepay all future unpaid annual Improvement Assessments for such Tax Parcel if (1) the Tax Parcel is acquired by a public entity (other than the City) through condemnation, negotiated sale or otherwise, or (2) a tax certificate has been issued and remains outstanding in respect of the Tax Parcel and the City, at its sole option, elects to accelerate the Improvement Assessment. The amount required to prepay the future unpaid annual Improvement Assessments will be equal to the sum of (1) the Adjusted Prepayment Amount for such Tax Parcel, and (2) interest on the Adjusted Prepayment Amount hereof, from the most recent date to which interest on the Obligations has been paid to the next date following such prepayment on which the City can redeem Obligations after providing all notices required to redeem all or any portion of the Obligations. (B) During any period commencmg on the date the annual Improvement Assessment Roll is certified for collection pursuant to the Uniform Assessment Collection Act and ending on the next date on which unpaid ad valorem taxes become delinquent, the City may reduce the amount required to prepay the future unpaid annual City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 32 of41 Improvement Assessments for the Tax Parcel by the amount of the Improvement Assessment that has been certified for collection with respect to such Tax Parcel. (C) The amount of all prepayments made pursuant to this Section 4.07 shall be final. The City shall not be required to refund any portion of a prepayment if (1) the Capital Cost of the Tuscawilla (Phase II) Improvement Project is less than the amount upon which such Adjusted Prepayment Amount was computed, (2) annual Improvement Assessments will not be imposed for the full number of years anticipated at the time of such prepayment, or (3) there is a subsequent increase in the total number ofERUs which would have decreased the amount of such prepayment. SECTION 4.08. REALLOCATION. (A) If any Parcel Unit is subdivided into two or more Parcel Units prior to the date on which the Improvement Assessment has been prepaid: (1) one ERU shall be assigned to each of the subdivided Parcel Units on the next June 1, or such later date on which the Property Appraiser provides the City with data to prepare the Improvement Assessment Roll for the ensuing Fiscal Year, and (2) the Adjusted Prepayment Amounts shall be adjusted in the manner described in Section 4.04(1) hereof. (B) If any Parcel Unit is subdivided into two or more Parcel Units following the date on which the Improvement Assessment has been prepaid: (1) the prepayment City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (phase II) Assessment Area" Adopted October 10, 2005 Resolution Number 2005-40 Page 33 of 41 previously made shall be attributed to the subdivided Parcel Unit selected in writing by the owner of the parent Parcel Unit or if no written selection is provided, to a subdivided Parcel Unit selected by the City Manager, (2) one ERU shall be assigned to each of the remaining subdivided Parcel Units on the next June 1, or such later date on which the Property Appraiser provides the City with data to prepare the Improvement Assessment Roll for the ensuing Fiscal Year; provided, however, that if the annual Improvement Assessment or Adjusted Prepayment Amount in respect of any subdivided Parcel Unit is greater than the assessment amount included in the notice provided to each property owner pursuant to Section 2.03 hereof, the City Manager shall provide an additional notice to each property owner in the manner described in Section 3.05 of the Ordinance, providing the date, time and place that the City Commission will conduct a public hearing to approve the increased annual Improvement Assessment or Adjusted Prepayment Amount, (3) the Adjusted Prepayment Amounts shall be adjusted in the manner described in Section 4.04(1) hereof. (C) If any Vacant Parcel is developed pnor to the date on which the Improvement Assessment has been prepaid: (1) ERUs shall be assigned to the Vacant Parcel in the manner described in Section 3.02(D) hereof, and (2) the Adjusted Prepayment Amounts shall be adjusted in the manner described in Section 4.04(J) hereof. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 34 of 41 (D) If any Vacant Parcel is developed prior to the date on which the Tuscawilla Improvement Assessment has been prepaid: (1) ERUs shall be assigned to the Vacant Parcel in the manner described in Section 3.02(D) hereof, (2) the number assigned shall be reduced by one ERU to reflect the prepayment previously made, and (3) the Adjusted Prepayment Amounts shall be adjusted in the manner described in Section 4.04(1) hereof. SECTION 4.09. IMPROVEMENT ASSESSMENT ROLL. The City Manager is hereby directed to prepare a final estimate of the Capital Cost for the Tuscawilla (Phase II) Improvement Project, and to prepare the preliminary Improvement Assessment Roll in the manner provided in the Ordinance. The City Manager shall apportion the Project Cost among the parcels of real property within the Tuscawilla (phase II) Assessment Area as reflected on the Tax Roll in conformity with Article IV hereof. The estimate of Capital Cost and the Improvement Assessment Roll shall be maintained on file in the office of the City Manager and open to public inspection. The foregoing shall not be construed to require that the Improvement Assessment Roll be in printed form if the amount of the Improvement Assessment for each Tax Parcel can be deteimined by use of a computer terminal available to the public. SECTION 4.10. APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS. Proceeds from the Improvement Assessments received during each Fiscal City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 35 of41 Year shall be applied by the City in the following order: payment of the Improvement Assessment Collection Costs; payment of any Transaction Costs not funded from proceeds of the Obligations; payment of interest due on the Obligations; payment of principal due on the Obligations; and reimbursement of any amounts advanced by the City to pay principal and interest on the Obligations. Any remaining proceeds will then be used for prepayment of the Obligations. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 36 of 41 ARTICLE V MAINTENANCE ASSESSMENTS SECTION 5.01. ESTIMATED MAINTENANCE COST. The estimated Maintenance Cost for the Tuscawilla (Phase II) Improvement Project is $190,000 per Fiscal Year. The Maintenance Cost of the Tuscawilla (Phase II) Improvement Project will be funded through the imposition of Maintenance Assessments against property located in the Tuscawilla (Phase II) Assessment Area. SECTION 5.02. IMPOSITION OF MAINTENANCE ASSESSMENTS. The Maintenance Assessments shall be imposed against all property located within the Tuscawilla (Phase II) Assessment Area, other than Public Use Parcels, for each Fiscal Year and shall be computed in accordance with this Article V. When imposed, the Maintenance Assessments for each Fiscal Year shall constitute a lien upon the Tax Parcels located in the Tuscawilla (Phase II) Assessment Area, pursuant to the Ordinance. SECTION 5.03. COMPUTATION OF MAINTENANCE ASSESSMENTS. The annual Maintenance Assessments shall be computed for each Tax Parcel in the manner set forth in this Section 5.03. (A) ANNUAL MAINTENANCE COMPONENT. The "Annual Maintenance Component" shall be calculated for each Fiscal Year for each Tax Parcel by (1) dividing City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 37 of 41 (a) the Maintenance Cost by (b) the total number of ERUs attributable to Tax Parcels within the Tuscawilla (Phase II) Assessment Area, and (2) multiplying the result by the number ofERUs attributable to the Tax Parcel. (B) MAINTENANCE ASSESSMENT COLLECTION COST COMPONENT. The ItMaintenance Assessment Collection Cost Component" shall be computed each Fiscal Year for each Tax Parcel by (1) dividing (a) the Maintenance Assessment Collection Cost by (b) the total number of ERUs located in the Tuscawilla (Phase II) Assessment Area, and (2) multiplying the result by the number of ERUs attributable to the Tax Parcel. (C) MAINTENANCE ASSESSMENT STATUTORY DISCOUNT AMOUNT. The "Maintenance Assessment 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 Maintenance Component and (b) the Maintenance Assessment Collection Cost Component, from (2) the amount computed by dividing (a) the sum of (i) the Annual Maintenance Component and (ii) the Maintenance Assessment Collection Cost Component, by (b) the factor of 0.96. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 38 of 41 (D) MAINTENANCE ASSESSMENT. The annual Maintenance Assessment for each Tax Parcel shall be computed as the sum of (1) the Annual Maintenance Component, (2) the Maintenance Assessment Collection Cost Component, and (3) the Maintenance Assessment Statutory Discount Amount. SECTION 5.04. MAINTENANCE ASSESSMENT ROLL. The City Manager is hereby directed to prepare a final estimate of the Maintenance Cost for the Tuscawilla (Phase II) Improvement Project and to prepare the preliminary Maintenance Assessment Roll in the manner provided in the Ordinance. The City Manager shall apportion the Maintenance Cost among the parcels of real property within the Tuscawilla (Phase II) Assessment Area as reflected on the Tax Roll in conformity with Article V hereof. The estimate of Maintenance Cost and the Maintenance Assessment Roll shall be maintained on file in the office of the City Manager and open to public inspection. The foregoing shall not be construed to require that the Maintenance Assessment Roll be in printed form if the amount of the Maintenance Assessment for each Tax Parcel can be determined by use of a computer terminal available to the public. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawil1a (phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 39 of 41 ARTICLE VI GENERAL PROVISIONS SECTION 6.01. METHOD OF COLLECTION. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act. SECTION 6.02. 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 6.03. EVIDENCE OF PAYMENT. Payment in full of the Improvement Assessment imposed against any Tax Parcel shall operate as a release of the Improvement Assessment lien upon such Tax Parcel. Upon request, the City Manager may issue a written confirmation to evidence such payment; provided however, that the issuance of written confirmation shall not be required to release the Improvement Assessment lien. The City may impose an administrative fee to defray the cost of providing written confirmation pursuant to this Section 6.03. City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the TuscawiIla (phase II) Assessment Area" Adopted October 10,2005 Resolution Number 2005-40 Page 40 of 41 SECTION 6.04. 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 6.05. EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND DULY ADOPTED by the City Commission ofthe City of Winter Springs, Florida, this 10th day of October, 2005. CITY COMMISSION OF WINTER SPRINGS, FLORIDA By: JOHN F. BUSH, MAYOR (SEAL) ATTEST: By: Andrea Lorenzo-Luaces, CITY CLERK APPROVED AS TO FORM BY THE WINTER SPRINGS CITY ATTORNEY By,. Anthony A. Garganese, City ey City of Winter Springs "Initial Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted October 10, 2005 Resolution Number 2005-40 Page 41 of 41 APPENDIX A DESCRIPTION OF TUSCA WILLA (PHASE II) ASSESSMENT AREA TUSCA WILLA (PHASE II) ASSESSMENT AREA A-I APPENDIX B FORM OF NOTICE TO BE PUBLISHED To Be Published on or Before October 25,2005 [MAP OF TUSCA WILLA (PHASE II) 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 hearing to consider creation of the Tuscawilla (Phase II) Assessment Area, as shown above, and to impose non-ad valorem assessments against certain property located therein and collecting the assessments on the ad valorem tax bill. The hearing will be conducted by the City Commission at 6:30 P.M., or as soon thereafter as the matter can be heard, on November 14, 2005, in the City Commission Chambers of City Hall located at 1126 East State Road 434, 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 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. 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 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) Assessment 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 II) Improvement Project. The assessment for each parcel of property within the Tuscawilla (Phase II) Assessment Area will be based upon the number of residential dwelling units per parcel of property measured in Equivalent Residential Units IIERUs." The assignment ofERU's is based on the level of benefit each lot receives from aesthetic beauty and enhanced safety as a result of the Tuscawilla (Phase II) Improvement Project. A more specific description is set forth in the Initial Assessment Resolution adopted by the City Commission on October 10,2005. Copies of the Initial Assessment Resolution, the plans and specifications for the project, and the preliminary assessment rolls are available for inspection at the office of the City Manager, located at 1126 East State Road 434, Winter Springs, Florida 32708. Annual capital assessments for years and maintenance assessments, for the life of the project, to fund the Tuscawilla (Phase II) Improvement Project will be B-1 collected on the ad valorem tax bill as authorized by Florida Statutes 197.3632 for a period of , commencing with the tax bill to be mailed in November 2006. Failure to pay the assessments will cause a tax certificate to be issued against the property 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- 1800. WINTER SPRINGS, FLORIDA B-2 APPENDIX C FORM OF NOTICE TO BE MAILED ***** THIS IS NOT A BILL ***** WINTER SPRINGS, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SPECIAL ASSESSMENTS IN THE TUSCA WILLA (PHASE II) ASSESSMENT AREA To be mailed on or before October 25, 2005 (Property Owner Name] (Street Address] (City, State and zip] Re: Tax Parcel Number [Insert Number) Tuscawilla (Phase II) Assessment Area Dear Property Owner: The Tuscawilla (Phase II) Assessment Area is being created to remove existing street signage and streetlights and install new decorative street lampposts and signage along the collector roads in your area. The project to remove existing street sign age and streetlights and install new decorative street lampposts and signage is referred to as the Tuscawilla (Phase II) Improvement Project. The construction and maintenance costs of the Tuscawilla (Phase II) Improvement Project will be funded by assessments against the property located within the Tuscawilla (Phase II) Assessment Area. The construction and maintenance assessments for each parcel of property are based on the number of residential dwelling units per parcel of property measured in Equivalent Residential Units "ERUs." The assignment ofERUs is based on the level of benefit each lot receives from aesthetic beauty and enhanced safety as a result of the Tuscawilla (Phase II) Improvement Project. A more specific description of the assessment program is set forth in the Initial Assessment Resolution adopted by the City Commission on October 10, 2005. Copies of the Initial Assessment Resolution, the plans and specification for the Tuscawilla (Phase II) Assessment Area, and the preliminary assessment rolls including the capital and maintenance assessments are available for your review at the office of the City Manager, located at 1126 East State Road 434, Winter Springs, Florida 32708. Information regarding the assessment for your specific property, including the number of ERUs assigned to your property, is attached to this letter. C-l The City intends to issue debt to finance the capital costs of this assessment project. This will permit the capital cost attributable to your property to be amortized over a period of . The estimated principal amount of the debt required to finance construction of the improvements is approximately $ . However, you may choose to prepay your capital assessment in full ($ per ERU) and avoid the additional financing cost. Please do not send payment now. If the assessments are imposed, you will receive a separate notice of time and place for payment. If you do not choose to prepay during the period described in the next notice you will receive, the amount necessary to pay your assessment in full will be increased by your share of the financing cost. The City anticipates that financing costs will increase the prepayment amount by approximately _ percent to $ per ERU. The annual assessment will include: · your share of the principal and interest on the debt (unless you choose to prepay that amount); · your share of the maintenance costs; · your share of the collection cost of the assessments; and · the maximum discount allowed for early payment under the Uniform Assessment Collection Act. The City expects to collect approximately $ per year for the purposes described in this notice. The City intends to include annual assessments on your ad valorem tax bill. Failure to pay your assessments will cause a tax certificate to be issued against the property which may result in a loss of title. A public hearing will be conducted by the City Commission at 6:30 P.M., or as soon thereafter as the matter can be heard, on November 14, 2005, in the City Commission Chambers of City Hall located at 1126 East State Road 434, Winter Springs, Florida for the purpose of receiving comments on the proposed assessments, including collection on the ad valorem tax bill. 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 made. In accordance with the Americans with Disabilities Act, if you need a special accommodation or an interpreter to C-2 participate in this proceeding, please contact the City Clerk's office at (407) 327-1800 at least 48 hours prior to the date of the hearing. If you have any questions, please contact the City Manager's office at (407) 327-1800. WINTER SPRINGS, FLORIDA C-3 * * * * * SEND NO MONEY NOW. TillS IS NOT AN INVOICE * * * * * TUSCA WILLA (PHASE II) ASSESSMENT AREA [PROPERTY OWNER NAME] Tax Parcel Number [INSERT NUMBER] Total number ofERUs attributed to property: [INSERT NUMBER] Initial prepayment amount (if prepay prior to City financing): $[INSERT AMOUNT] Adjusted prepayment amount (ifprepay after City financing): $[INSERT AMOUNT] Annual Capital Assessment: $[INSERT AMOUNT] $[INSERT AMOUNT] $[INSERT AMOUNT] Annual Maintenance Assessment: .Total Annual Assessment: Number of annual capital payments: Expected date of first bill: November, 2006 Total amount of annual payments: $[INSERT AMOUNT] * * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * * * C-4