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HomeMy WebLinkAboutResolution 2004-42 Oak Forest Assessment RESOLUTION NO. 2004-42 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE OAK FOREST ASSESSMENT AREA; AMENDING RESOLUTION NO. 2000-06 TO PROVIDE FOR FLEXIBILITY IN THE APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS; AMENDING RESOLUTION NO. 2000- 10 TO INCREASE THE MAXIMUM ANNUAL MAINTENANCE ASSESSMENT; APPROVING THE ASSESSMENT ROLLS FOR THE OAK FOREST ASSESSMENT AREA; ESTABLISHING THE LIEN ASSOCIATED THEREWITH; DIRECTING THAT THE ASSESSMENT ROLLS BE CERTIFIED TO THE SEMINOLE COUNTY TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission (the "Commission") of the City of Winter Springs, Florida, enacted Ordinance No. 98-704 on July 27, 1998 (the "Ordinance"), to provide for the creation of assessment areas and authorize the imposition of special assessments to fund the construction and maintenance of local improvements to serve the property located therein; and WHEREAS, pursuant to the Ordinance, the Commission proposed creation of the Oak Forest Assessment Area by its Resolution No. 2000-06, adopted April 10, 2000 (the "Initial Assessment Resolution"); and WHEREAS, pursuant to the Ordinance, the Commission imposed special assessments within the Oak Forest Assessment Area by its Resolution No. 2000-10, adopted on May 10, 2000 (the "Final Assessment Resolution"); and WHEREAS, pursuant to the provisions of the Ordinance, the Commission is required to adopt an "Annual Assessment Resolution" during its budget process for each fiscal year to approve the assessment roll for such fiscal year; and WHEREAS, the City desires to provide for greater flexibility in the application of remaining Improvement Assessments (after payment of all Transaction Costs, Collection Costs and payment of principal and interest on Outstanding Obligations) to allow a portion to be used towards Project Costs; and WHEREAS, the consent to make the changes described in the above paragraph has been obtained by all necessary parties, including the owners of any Outstanding Obligations, as required by the terms of such loan documents, if any; and WHEREAS, the City desires to install new landscaping and irrigation along the City of Winter Springs Resolution Number 2004-42 Page I of 12 Oak Forest Subdivision Wall and therefore needs to increase the annual Maintenance Assessment; and WHEREAS, pursuant to the provisions of the Ordinance, the Commission is required to provide mailed and published notice of, and hold a public hearing regarding, any increase in the Maintenance Assessment which exceeds the maximum amount established by previous notice to the property owners; the forms of which are attached hereto as Appendices A and B, respectively; and WHEREAS, as required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices C and D, respectively; and WHEREAS, a public hearing has been duly held on August 9, 2004 and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance. WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION 1. RECIT ALS. The above recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2. AUTHORITY. This Resolution is adopted pursuant to the Ordinance, Chapter 166, Florida Statutes, and other applicable provisions oflaw. SECTION 3. DEFINITIONS. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance and the implementing resolutions adopted pursuant thereto. SECTION 4. AMENDMENTS TO THE INITIAL ASSESSMENT RESOLUTION. (A) The definition of "Capital Cost" set forth in Section 1.01 of the Initial Assessment Resolution is hereby amended to read as follows: SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. *** "Capital Cost" means all of the expenses that are properly attributable to the design and construction of the Oak Forest Subdivision Wall. related caoital imorovements and imposition of Improvement Assessments under generally accepted accounting principles; and including any reimbursement to the City for any funds advanced for Capital Costs and interest on any interfund or City of Winter Springs Resolution Number 2004-42 Page 2 of 12 intrafund loan for such purposes. *** (B) Section 4.10 of the Initial Assessment Resolution is hereby amended to read as follows: SECTION 4.10. APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS. Proceeds from the Improvement Assessments received during each Fiscal Year shall be applied by the City for 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, and payment of principal due on the Obligations. Any remaining proceeds will then be used for prepayment of the Obligations: orovided. however. the Citv mav use a oortion of such remaining oroceeds towards Proiect Costs in the event an Ooinion of Financial Advisor is obtained. The Ooinion of Financial Advisor shall be a written ooinion from the Citv's financial advisor or investment banker and state that the oortion of remainine oroceeds of the Imorovement Assessments used towards Proiect Costs instead of oreoavment of the Obligations is reasonable and will not have a material adverse effect on the Citv's abilitv to make future interest and orincioal oavments on the Outstanding Obligations. SECTION 5. INCREASE IN MAXIMUM ANNUAL MAINTENANCE ASSESSMENT. 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 ratified and confirmed. Tax Parcels located in the Oak Forest Assessment Area shall have a revised maximum annual Maintenance Assessment rate of $40.82 per Benefit Unit. SECTION 6. CONFIRMA TION OF INITIAL ASSESSMENT RESOLUTION AND FINAL ASSESSMENT RESOLUTION. The Initial Assessment Resolution and the Final Assessment Resolution, as modified by Sections 4 and 5 hereof, are hereby ratified and confirmed. SECTION 7. APPROVAL OF ASSESSMENT ROLLS. The assessment rolls on file with the City Manager for the Oak Forest Assessment Area are hereby approved. Pursuant to Section 197.3632, Florida Statutes, each assessment roll shall be certified and delivered to the Seminole County Tax Collector prior to September 15, 2004, along with any necessary changes subsequent to the date hereof permitted under Sections 3.12 and 4.12 of the Ordinance and the Uniform Assessment Collection Act. SECTION 8. ASSESSMENT LIENS. Special assessments imposed within the assessment areas listed on the rolls described in Section 7 hereof shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except City of Winter Springs Resolution Number 2004-42 Page 3 of 12 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 of this Resolution and shall attach to the property included on the assessment roll as of January I, 2004, the lien date for ad valorem taxes. SECTION 9. CONFLICTS. All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. SECTION 10. SEVERABILITY. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 11. EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND DULY ADOPTED by the City Commission of the City of Winter Springs, Florida, this 20th day of September, 2004. CITY OF WINTER SPRINGS, FLORIDA By: JOHN F. BUSH, Mayor (SEAL) ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to form By: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution Number 2004-42 Page 4 of 12 APPENDIX A FORM OF PUBLISHED NOTICE City of Winter Springs Resolution Number 2004-42 Page 5 of 12 To Be Published on or before July 20, 2004 [MAP OF OAK FOREST ASSESSMENT AREA] NOTICE OF HEARING TO INCREASE MAINTENANCE ASSESSMENTS AND CERTAIN AMENDMENTS TO THE APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS Notice is hereby given that the City Commission of Winter Springs, Florida, will conduct a public hearing to consider increasing the Maintenance Assessments imposed in the Oak Forest Assessment Area, as shown above, from $24.00 per Benefit Unit to $40.82 per Benefit Unit, and amendment of certain provisions regarding the application of Improvement Assessment proceeds. The public hearing will be held at 6:30pm on August 9, 2004, in the City Hall - Commission Chambers, Winter Springs, Florida. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at (407) 327-1800 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 are imposed to fund capital and maintenance costs for the privacy wall serving the Oak Forest Assessment Area. The project is referred to as the Oak Forest Subdivision Wall. The assessment for each parcel of property within the Oak Forest Assessment Area is based upon the parcel's proximity to the privacy wall measured in "Benefit Units." The assignment of Benefit Units is based on the level of benefit each lot receives from aesthetic and subdivision identity (all lots), noise abatement (lots with the majority of their area within 600 feet of the Oak Forest Subdivision Wall) and glare abatement (lots that abut the Oak Forest Subdivision Wall). A more specific description is set forth in the Initial Assessment Resolution and Final Assessment Resolution adopted by the City Commission on April 10, 2000 and May 10, 2000, respectively. Copies of the Initial Assessment Resolution, Final Assessment Resolution, the plans and specifications for the project, and the 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 are being collected on the ad valorem tax bill for a period of 30 years, commencing with the tax bill mailed in November 2000. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. 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 of Winter Springs Beautification Coordinator at: (407) 327-1800 x315. City of Winter Springs Resolution Number 2004-42 Page 6 of 12 APPENDIX B FORM OF MAILED NOTICE City of Winter Springs Resolution Number 2004-42 Page 7 of 12 NOTICE OF HEARING TO INCREASE MAINTENANCE ASSESSMENTS AND CERTAIN AMENDMENTS TO THE APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS ,2004 [Property Owner Name] [Street Address] [City, State and zip] Re: Tax Parcel Number [Insert Number] Benefit Units [Insert Number] Oak Forest Assessment Area Dear Property Owner: Notice is hereby given that the City Commission of Winter Springs, Florida, will conduct a public hearing to consider increasing the Maintenance Assessments imposed in the Oak Forest Assessment Area, from $24.00 per Benefit Unit to $40.82 per Benefit Unit, and amendment of certain provisions regarding the application of Improvement Assessment proceeds. The Oak Forest Assessment Area has been created to provide a privacy wall and related improvements. The project to construct the privacy wall is referred to as the Oak Forest Subdivision Wall. The construction and maintenance costs of the Oak Forest Subdivision Wall are funded by assessments against the property located within the Oak Forest Assessment Area. The construction and maintenance assessments for each parcel of property are based on its proximity to the Oak Forest Subdivision Wall measured in "Benefit Units." The assignment of Benefit Units is based on the level of benefit each lot receives from aesthetic and subdivision identity (all lots), noise abatement (lots with the majority of their area within 600 feet of the Oak Forest Subdivision Wall) and glare abatement (lots that abut the Oak Forest Subdivision Wall). A more specific description of the assessment program is set forth in the Initial Assessment Resolution and Final Assessment Resolution adopted by the City Commission on April 10, 2000 and May 10, 2000, respectively. Copies of the Initial Assessment Resolution, Final Assessment Resolution, the plans and specification for the Oak Forest Assessment Area, and the assessment rolls including the capital and maintenance assessments are available for your review at the offices of the City Manager, located at 1126 East State Road 434, Winter Springs, Florida. The City Commission will hold the public hearing at 6:30pm on August 9, 2004, in the City Hall ~ Commission Chambers, Winter Springs, Florida, for the purpose of receiving comments on the increase in Maintenance Assessment and the proposed assessments. You are invited to attend and participate in the hearing. You may also file written objections with the City Commission prior to or during the hearing. If you decide to appeal any decision made by the City Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which City of Winter Springs Resolution Number 2004-42 Page 8 of 12 the appeal is to be made. In accordance with the Americans with Disabilities Act, if you need a special accommodation or an interpreter to participate in this proceeding, please contact the City Clerk's office at (407)327-1800 at least 48 hours prior to the date of the hearing. Annual capital and maintenance assessments to fund the Oak Forest Subdivision Wall are being collectedon the ad valorem tax bill for a period of 30 years, commencing with the tax bill mailed in November 2000. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss oftitle. 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 of Winter Springs Beautification Coordinator at: (407) 327-1800 x315. City of Winter Springs Resolution Number 2004-42 Page 9 of 12 APPENDIX C PROOF OF PUBLICATION City of Winter Springs Resolution Number 2004-42 Page 10 of 12 APPENDIX D AFFIDA VIT OF MAILING City of Winter Springs Resolution Number 2004-42 Page 11 of 12 AFFIDAVIT OF MAILING STATE OF FLORIDA COUNTY OF LEON BEFORE ME, the undersigned authority, personally appeared Skip Burnside, who, after being duly sworn, deposes and say: I, Skip Bumside, have been designated by the City Manager of Winter Springs, Florida, to mail the notices required by Section 4.07 of Ordinance No. 98-704, enacted by the City Commission of Winter Springs, Florida on July 27, 1998 (the "Ordinance "). On or before July 20, 2004, I mailed or directed the mailing of, a notice in accordance with Section 4.07 of the Ordinance by first class mail, to each owner of property within the Oak Forest Assessment Area in conformance with the requirements of the Ordinance, at the address shown on the real property assessment tax roll maintained by the Seminole County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. FURTHER AFFIANTS SA YETH NOT. Affiant The foregoing instrument was acknowledged before me by Skip Burnside, 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 , A.D., 2004. Signature of person taking acknowledgment Name of acknowledger (printed) My commission expires: City of Winter Springs Resolution Number 2004-42 Page 12 of 12 CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, I am the Chair of the City Commission, or authorized agent of the City of Winter Springs, Florida (the "City"); as such I have satisfied myself that all property included or includable on the Oak Forest Assessment Area Non-Ad Valorem Assessment Roll (the "Non-Ad Valorem Assessment Roll") for the City is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable 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, 2004. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Seminole County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this the 20th day of September 2004. Oak Forest Assessment Area Total Improvement Assessment Total Parcels 820 Total Annual Assessment $60,154.75 Maintenance Assessment Total Parcels 935 Total Annual Assessment $39,440.24 CITY OF WINTER SPRINGS, FLORIDA By: Mayor