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Home My WebLink About1999 07 12 Regular Item B-2 COMMISSION AGENDA ITEM B-2 Consent Informational Public Hearin Re ular X July 12. 1999 Meeting MGR~EPT. Authorization REQUEST: The City Manager requesting the City Commission to approve Resolution #885 "The Tuscawilla Service Area Initial Related Service Assessment Resolution. " PURPOSE: The purpose of this agenda item is to approve Resolution #885 setting a public hearing relative to the final adoption of assessment rates related to annual operating, maintenance, and administrative cost of the Tuscawilla Lighting and Beautification District for FY 2000. CONSIDERATIONS: This action represents the next step in the implementation of the district. It sets out the public hearing date of July 26, 1999, advertising requirements for the public hearing and anticipated assessments. After the public hearing the Commission will need to decide if it desires to pass a final resolution that implements the assessments for operating, maintenance, and administrative services for the district. CITY OF WINTER SPRINGS REGULAR AGENDA ITEM B-2 July 12, 1999 - REGULAR MEETING PAGE 2 OF2 FUNDING: None required at this time. RECOMMENDATION: It is recommended that the Commission adopt Resolution #885 "The Tuscawilla Service Area Initial related Service Assessment Resolution", setting a public hearing date of July 26, 1999 for consideration of approyal of a final resolution setting out the assessments for annual operating, maintenance, and administrative cost in the district for FY 2000. ATTACHMENTS: Resolution #885 COMMISSION ACTION: The Attachment for Agenda Item Regular "B-2" will be available for review at City Commission Regular Meeting on Monday, July 12, 1999 RESOLUTION NO. 99-~85 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTIMATING THE RELATED SERVICE COST OF THE TUSCAWILLA LOCAL IMPROVEMENTS; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITTED THEREBY; ESTABLISHING THE METHOD OF ASSESSING THE RELATED SERVICE COST AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY BENEFITTED THEREBY; DIRECTING THE CITY MANAGER TO PREPARE OR DIRECT THE PREPARATION OF A TENTATIVE ASSESSMENT ROLL BASED UPON THE METHODOLOGY SET FORTH HEREIN; ESTABLISHING A PUBLIC HEARING FOR THE PROPOSED RELATED SERVICE ASSESSMENTS AND DIRECTING THE PROVISION OF NOTICE IN CONNECTION THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOllOWS: ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. PURPOSE AND DEFINITIONS. This resolution constitutes the Initial Related Service Assessment Resolution as defined in the Ordinance. As used in this resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires: "Assessed Area" means the Tuscawilla Service Area created by the City pursuant to Section 2.01 of the Ordinance, which area specially benefits from the Tuscawilla Related Services. 1 "Building" means any structure, whether temporary or permanent, built for support, shelter or enclosure of persons, chattel, or property of any kind. "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 Charter, or such person's designee. "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, It the standard unit to be used in calculating the relative amount of special benefit to be derived by each Tax Parcel from the Tuscawilla Related Services. For purposes of computing the Tuscawilla Related Services 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 Service Area. "Final Related Service Assessment Resolution" means the resolution described in Section 4.06 of the Ordinance which shall confirm, modify or repeal the Initial Related Service Assessment Resolution and which shall be the final proceeding for the imposition of the Tuscawilla Service Assessments within the Tuscawilla Service 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. 2 "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 or political subdivisions. "Improved Parcel" means any Parcel Unit within the Tuscawilla Service Area on which a Building or other improvement has been placed or constructed. "Local Improvement" means a capital project constructed 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. "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 Service Area which is not a Public Use Parcel, a Single-Family Residential Parcel or a Multi-Family Residential Parcel. "Operating Cost" means all or any portion of the expenses that are properly attributable to the Tuscawilla Related Services under generally accepted accounting principles, including, without limiting the generality of the foregoing, reimbursement to the City for any funds advanced for Tuscawilla Related Services, and interest on any interfund or intrafund loan for such purpose. 3 "Ordinance" means Ordinance No. 98-704, the Local Improvement and Related Service Assessment Ordinance. "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 Service Area. "Parcel Unit" means a Platted Lot or a Parcel of Record within the Tuscawilla Service Area. "Platted Lot" means a building lot, within the Tuscawilla Service Area, that is described on a map or plat recorded in the Seminole County Official Records on or prior to the effective date of this resolution. "Property Appraiser" means the Seminole County Property Appraiser. "Public Use Parcel" means any Parcel Unit located within the Tuscawilla Service Area that is used for public purposes and does not receive a special benefit from the Tuscawilla Related Services, including by way of example and not limitation, Government Property, rights-of-way and utility easements. "Residential Parcel" means a Parcel Unit within the Tuscawilla Service Area on which a single-family residential unit has been or can be constructed or sited in accordance with applicable laws and regulations. "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. 4 "Tax Collector" means the Seminole County Tax Collector. "Tax Parcel" means a parcel of property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tuscawilla Improvement Area" means that Assessed Area within the City that receives the special benefit from the Tuscawilla Improvements described in the Initial Local Improvement Assessment Resolution. "Tuscawilla Improvements" means those Local Improvements constructed by the City for the special benefit of the Tuscawilla Improvement Area, including but not limited to wing walls, median improvements, street lights and street monuments. "Tuscawilla Related Services" means the operation and maintenance of the Tuscawilla Improvements. "Tuscawilla Service Assessment Roll" means the non-ad valorem assessment roll pertaining to the Tuscawilla Service Assessments. "Tuscawilla Service Area" means that Assessed Area within the City that receives the special benefit from the Tuscawilla Related Services described in this Initial Related Service Assessment Resolution. "Tuscawilla Service Assessment" means a non-ad valorem assessment imposed by the City within the Tuscawilla Service Area to fund the Operating Costs of the Tuscawilla Related Services. "Uniform Assessment Collection Act" means sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non-ad valorem 5 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 "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this resolution; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this resolution. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. SECTION 1.03. GENERAL 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), 6 Florida Statutes, are not relevant to imposition of assessments related to Tuscawilla Related Services within the City. (C) The City Commission has enacted the Ordinance to provide for the creation of Assessed Areas and authorize the imposition of Tuscawilla Service Assessments to fund the Operating Cost of the Tuscawilla Related Services to benefit the property located therein. (D) The City Commission desires to create the Tuscawilla Service Area as an Assessed Area under the Ordinance and to fund the Operating Costs of the Tuscawilla Related Services. The Tuscawilla Related Services constitute Related Services, as defined in the Ordinance and in this Initial Related Service Assessment Resolution. (E) The Tuscawilla Related Services will provide a special benefit to all Tax Parcels located within the Tuscawilla Service Area, other than Public Use Parcels, by improving and enhancing the exterior subdivision boundaries, the interior subdivision areas, the subdivision identity, and the subdivision 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 construction of the Tuscawilla Related Services. (F) The special benefit to be derived by Improved Parcels within the Tuscawilla Improvement Area from construction of the Tuscawilla Local Improvements will be substanti~lIy proportional to the area of Buildings located thereon. Since approximately 90 percent of the Tax Parcels located within the Tuscawilla Service Area are Single-Family Residential Parcels, the number of ERUs attributable to Improved Parcels within the Tuscawilla Service Area is properly derived from an ERU Value based on the average 7 building area of the Single-Family Residential Units located within the Tuscawilla Service Area. (G) The City Commission hereby finds and detennines that the Tuscawilla Service Assessments to be imposed in accordance with this Initial Related Service Assessment Resolution provide an equitable method of funding construction of the Tuscawilla Related Services by fairly and reasonably allocating the cost to specially benefitted property, based upon the number of ERUs attributable to each parcel of property in the manner hereinafter described. 8 ARTICLE II TUSCAWILLA SERVICE ASSESSMENTS SECTION 2.01. DESCRIPTION OF PROPOSED SERVICE AREA. The proposed Tuscawilla Service Area shall include the property located within the Tuscawilla Planned Unit Development, as more specifically described in Appendix A attached hereto. The Tuscawilla Service Area is proposed for the purpose of improving the use and enjoyment of property located therein by funding the Operating Cost of the Tuscawilla Related Services. SECTION 2.02. IMPOSITION OF SERVICE ASSESSMENTS. (A) , Tuscawilla Service Assessments shall be imposed against all Tax Parcels property located within the Tuscawilla Service Area, other than Public Use Parcels, and shall be computed in accordance with this Article II. When imposed, the Tuscawilla Service Assessment for each Fiscal Year shall constitute a lien upon the Tax Parcels located in the Tuscawilla Service Area, pursuant to the Ordinance. SECTION 2.03. CLASSIFICATION OF TAX PARCELS. Each Tax Parcel located within the Tuscawilla Service 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. SECTION 2.04 ERU ASSIGNMENTS. The number of ERUs attributable to each Tax Parcel within the Tuscawilla Service Area shall be determined in the manner set forth in this Section 2.04. 9 (A) SINGLE-FAMILY RESIDENTIAL PARCELS. The City Commission hereby finds and determines that each Single-Family Residential Parcel will derive a substantially equivalent special benefit from the Tuscawilla Related Services. Since the ERU Value is equal to the average Building area of the Single-Family Residential Units located within the Tuscawilla Service 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 Related Services. 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 attributable 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. 10 (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 Related Services 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 special benefit from the Tuscawilla Related Services that is proportionally greater than a Single-Family Residential Unit, and (3) each Nonresidential Parcel will derive a special benefit from the Tuscawilla Related Services 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 V{ill be adjusted according to this Section 2.04. (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 Related Services. Accordingly, no ERUs will be assigned to Public Use Parcels. 11 SECTION 2.05. RELATED SERVICE ASSESSMENT ROLL. The City Manager is hereby directed to prepare, or direct the preparation of, the preliminary Tuscawilla Service Assessment Roll in the manner provided in the Ordinance. A copy of this Initial Related Service Assessment Resolution and the preliminary Tuscawilla Service 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 Tuscawilla Service Assessment Roll be in printed form if the amount of the Tuscawilla Service Assessment for each Tax Parcel can be determined by use of an available computer terminal. SECTION 2.06. METHOD OF COLLECTION. The Tuscawilla Service Assessments shall be collected pursuant to the Uniform Assessment Collection Act. 12 ARTICLE III NOTICE AND PUBLIC HEARING SECTION 3.01. PUBLIC HEARING. A public hearing will be conducted by the City Commission at 6:30 p.m. on August 9, 1999, in the City Commission Chamber of City Hall at 1126 East State Road 434, Winter Springs, Florida, to consider imposition of the Tuscawilla Service Assessments and their collection pursuant to the Uniform Assessment Collection Act. SECTION 3.02. NOTICE BY PUBLICATION. The City Manager shall publish a notice of the public hearing authorized by Section 3.01 hereof in the manner and the time provided in Section 4.04 of the Ordinance. The published notice shall be in substantially the form attached hereto as Appendix B. SECTION 3.03. NOTICE BY MAIL. The City Manager shall, at the time and in the manner specified in Section 4.05 of the Ordinance, provide first class mailed notice of the public hearing authorized by Section 3.01 hereof to each property owner proposed to be assessed at the address indicated on the Tax Roll. The mailed notice shall be in substantially the form attached hereto as Appendix C. 13 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. SEVERABILITY. The provisions of this Initial Related SelVice Assessment Resolution are severable; and if any section, subsection, sentence, clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this Initial Related SelVice Assessment Resolution shall not be affected thereby. SECTION 4.02. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. DWLJY ADOPTED this 12th day of July, 1999. CI (SEAL) By: Paul P. Partyka Mayor ATT~ cJ,0 \ . I ___ Margo H pins City Clerk fr:. APP~ORM: ~ Frank C.' Kruppenbacher City Attorney 14 APPENDIX A DESCRIPTION OF THE TUSCAWILLA SERVICE AREA TUSCA WILLA SERVICE AREA GENERAL BOUNDARY DESCRIPTION The Tuscawilla Service Area shall be defined as all that land lying within the City of Winter Springs, Florida, Tuscawilla Planned Unit Development, less Oak Forest Subdivision in its entirety; St. Johns Landing (Plat Book 53, Pages 45-49); Tuscawilla Parcel 90 (aka Arbor Glen, Plat Book 43, Pages 57-58); Creeks Run (Plat Book 53, Pages 1-3); Tuscawilla Unit 5 (plat Book 20, Page 18); Tuskawilla Trail Subdivision (Plat Book 41, Page 6); Grand Reserve Subdivision (Plat Book 48, Pages 73-74); Tuscawilla Tract 15, Parcels I-B and l-C (Yeager property south of SR 434); St. Stephen's Catholic Church; Church of the New Covenant; Lord of Life Lutheran Church; Indian Trails Middle School; Keeth Elementary School; and as more specifically defined in attachment "A", entitled the Tuscawilla Service Area Legal Description by reference to plat book and pages, and attachment "B" entitled Tuscawilla Service Area Boundary Map. Attachment "A" TUSCAWILLA SERVICE AREA LEGAL DESCRIPTION BY REFERENCE TO PLAT BOOK AND PAGES Plat Book Page (inclusive) Plat Book Page (inclusive) 50 42-50 Howell Creek Reserve 10-12 49 48 52-54 50 82-84 26 57 -59 52 87 -88 44 35-37 Reserve at 31-(37) minus Tuskawilla tract C, (35) 48 minus tract I 41 42-45 48 36-40 37 53-54 50 3-9 40 98-100 No Plat Book and Page for Tuscany Place 42 35-36 48 18-25 29 35 43 57 -58 30 97 -98 33 17 -19 45 82-83 20 18 46 64-65 21 32-33 52 13-14 22 46-47 48 47-51 23 25-28 48 89-92 24 72-73 46 25-26 Tuscawilla Unit 22 (A) 23 22 4-6 25 57 -58 23 78-80 26 51-52 25 33-37 26 53-54 45 18-20 26 55-56 49 8-9 28 98-102 50 20-21 27 22 23 96-98 29 1-2 33 54 32 21-24 49 78-82 37 6-10 55 37-39 36 11-12 40 14-21 20 56-57 40 21 21 11-12 43 53-56 21 13-14 37 1-4 24 33-35 37 5 54 76-77 46 12-15 16 82-83 46 91-94 17 89-90 33 1-4 18 6-8 40 42-44 24 97 -98 32 32 24 97 -98 (Replat) 41 24 Attachment "B" Tuscawilla Service Area Boundary Map 1 2 A B TUSCAWILLA STREET INDEX ....C1idU Rd c-, O..h....y C1 0-, Olunel E.' AnClover Cit C" Calol Ln A.3, Old Whit. Way C" Andovet tit C" ... Oneida Ln E" Andover C1 .', Guell.Tr e-2.3 Ont.rlo CI 0-, AnlelOpe Tf ... Glen ElgIe Or 0., a.cele! Tr 8.3," Arloian Ave ..., Goldencrul C1 E.' o."".goel E",2 C.)," Gollpoinl Ct 0-' OllscoW.y E.' oner Ln ... ArbOr Clen Cif e.2. Collpelnl Or 0-, Overlook Way [)., C.3." Gool.gong Ct C" Owneo 5, E.' As~n....ood 51 0,' Gosha\lOtk Ter E.' Olbo..... Ln [)., Alrium CI C" Greenorlar L.n C.3,4. Augusta NAn al~d C.2.3 0,' Park vma PI C.1 Auslin Cl C" Gr~nlul Ct H 0-, P8r1riClg. elt 9.3, Ayc:rs",ood Cl C" GrMnJul CI S 0.' C" GriulyCI Q.2 Partridge Way C., B~fIln9lon eir C" HUtl Hut 51 C., Petlble Buch tit E c.3 Bur Clee~ eit 0,' Pebble Such eit W C., Bur Cree.. et 0.1.2 Huel Wood CI C" Peregrine CI E,' Belt Pa.... C1 0,' Hulner Wood C1 C" Phuunl eit B.' Benil....ooCl CI C.1,2 Ho.....ell CfMk Or a.].4. Pinlo CI N C" C" Pinto Ct S C" Benlfry Co..e Cl Huron Ct E,' PI.u.nl Croye Or C-' e~nllry Gr~en Cir C.2.J Pony Ct C" 8Irkd.l~ TI C" Iron....ood Ct 0.' Puma TI .', 8l.ftk Acr~ Cl Ii B" Bbcll A"r~ Cl S B"" Jagu.r CI .', BI.Ck Acre Tr B"" 81..'" Bur CI 0,' Kenulo....n Cl 0,' Slul:' Sprucr CI C,I Keuk. CI E,' 8019 In C" KimCI C" Brae....ic.. Sl 0-' King CI C.2, Bro...." Bur CI 0-'.2 0,' Burnin9 TIM' Cif C" KnoU....ood CI C" C.lico CI C" L..moll.Ct E,' Leopald Tr .', C.n.dice Cl 0,' Linden Lul el D" e.nUlice In E,' linl, Sp.no..... Ct E,' C.n(lpy CI C" Llfllelon C1 D-' C"ibou CI B,' lynl Tr .', C ..r,ln910n Ave 0,' Carringlon A..e 0,' M"cus CI 0.. Carrmglon CI C-l.2 MItSh Creell Coye 0-1 C" Michig.n Cl 0,' C.yug. Or E,' Motgan St B.C 4 Cneelah T, .', MIl.utelOr C.1.2 Cntrry Cttek. Cit C" 0.1,2 Cnulnul RIClge C.3. Must.ng CI C" 0,' Nancy Cit C" Club....ooCl CI .', Nandi". let 0.1 Conesus Ln E,' N..turt CI 0.' ConnotS Ln C.2. North Wind C1 E.' D,' Nortne,n Way e-2.3, CougiJt CI 0-2. E-> CrM'kside ei, D,' Cypreu Wood In 8-3. C" c D E 3 O.ppled Elm In C" D.venpon CI 0,' Deer Run B-3.4 C., Dove In ... C" Dune.n Or 0.].4 Dunlap Cit C" Vllt.wlll. Or 0-1.2 C" Dyson Or A-t .. Wan.ta C1 E.' 0.' Wltrlngton Ct 0-, e.l.2 Eagle r.ulClt 0.2.3 W.rrington 51 [)., C-2.3 n., Ct N .', Wuther.cl Wood Clt C-3 0.2,3 Ello, Cl 5 ... C., Wedgewood Dr e-3, E,' Etitel 0-' .-, ..) C" Wolverine Tr .', Ermine .life .', E.'.2 E-' Whit. Cloud CI E.) Wood Due II. Or 0-3, 4 Evert CI C" 0.' 0-, Whit. Dov. Or 0-2.3 E,' E.',) C-' E.2.3 Woodchuck. Cl 0-, F/,Il....ood 0' C" E.' ~ C., Whit. 0.11. C1 C-' E,' Forul Hills Dr C" C" e." White O.k Dr 0-2.3 Woodluf 0, C" FortSl Vie.... Ct 0,' 0.2.3 C" Whlteh.lI Blyd C" WOOCl'sglen Or 0,' FOI GI~n CI 0-' C., Tu.cawlll. Rd ...-3.4 Wllde.lel 0-' Fa. Glen Or 0,' ... 8.,.3 Wilson Rd C" y.no..... Pine Cl C" ~ APPENDIX B FORM OF NOTICE TO BE PUBLISHED To Be Published , 1999 [MAP OF TUSCAWILLA IMPROVEMENT 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 Improvement Area, as shown above, and to impose special assessments against certain parcels of property located therein. The hearing will be held at 6:30 p.m. on August 9, 1999, in the City Commission Chambers of City Hall 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 at [insert telephone number] 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 wing walls, median improvements, street lights and street monuments within the Tuscawilla Improvement Area. The capital and maintenance assessment for each parcel of property will be based upon the number of ERUs ("equivalent residential units") contained within the Tuscawilla Improvement Area. A more specific description is set forth in the Tuscawilla Improvement Area Initial Local Improvement Assessment Resolution and the Tuscawilla Service Area Initial Related Service Assessment Resolution adopted by the City Commission on July 12, 1999. Copies of the Tuscawilla Improvement Area Initial Local Improvement Assessment Resolution and the Tuscawilla Service Area Initial Related Service Assessment Resolution, the plans and specifications for the Tuscawilla Improvements, and the preliminary assessment roll 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 Tuscawilla Improvements will be payable for a period of 30 years. Annual capital and maintenance assessments will be collected on the ad valorem tax bill, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title. Future annual capital assessments to fund the Tuscawilla Improvements may be prepaid at the option of the property owner. If you have any questions, please contact the City Manager=s office at [insert telephone number]. WINTER SPRINGS, FLORIDA 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 TUSCAWILLA IMPROVEMENT AREA ,1999 [Property Owner Name] [Street Address] [City, State and zip] Re: Tax Parcel Number [Insert Number] Tuscawilla Improvement Area Dear Property Owner: The Tuscawilla Improvement Area is being created to provide wing walls, median improvements, street lights and street monuments within that area. The project to provide such improvements is known as the Tuscawilla Improvements. The construction and maintenance costs of the Tuscawilla Improvements will be funded by assessments against the property located within the Tuscawilla Improvement Area. The construction and maintenance assessment for each parcel of property is based on the number of ERUs ("equivalent residential units") contained within the Tuscawilla Improvement Area. A more specific description of the assessment program is set forth in the Tuscawilla Improvement Area Initial Local Improvement Assessment Resolution and the Tuscawilla Service Area Initial Related Service Assessment Resolution adopted by the City Commission on July 12, 1999. Copies of the Tuscawilla Improvement Area Initial Local Improvement Assessment Resolution, the Tuscawilla Service Area Initial Related Service Assessment Resolution, the plans and specifications for the Tuscawilla Improvements, and the preliminary Tuscawilla Assessment Roll including 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. Information regarding the assessment for your specific property is attached to this letter. The City intends to issue bonds 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 thirty years. The estimated principal amount of the bonds required to finance construction of the improvements is $ . 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. C-1 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: X your share of the principal and interest on the bonds (unless you chose to prepay that amount); X your share of the maintenance costs; X your share of the collection cost of the assessments; and X the maximum discount allowed for early payment under the Uniform Assessment Collection Act. The City expects to collect approximately $ per year for this purpose. 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. The City Commission will hold a public hearing at 6:30 p.m. on August 9, 1999, in the City Commission Chambers, City Hall, 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 participate in this proceeding, please contact [insert name] at [insert telephone number] at least 48 hours prior to the date of the hearing. If .you have any questions, please contact the City Manager's office at [insert telephone number]. WINTER SPRINGS, FLORIDA C-2 * * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * * * Tuscawilla Improvement Area [PROPERTY OWNER NAME] Tax Parcel Number [INSERT NUMBER] Total number of ERUs attributed to property: [INSERT NUMBER] Initial prepayment amount (excludes financing cost): $ [INSERT AMOUNT] Adjusted prepayment amount (includes financing cost): $ [INSERT AMOUNT] Annual Capital Assessment: $[INSERT AMOUNT] Annual Maintenance Assessment: $[INSERT AMOUNT] Total Annual Assessment: $[INSERT AMOUNT] Number of annual payments: 30 Expected date of first bill: November 1999 Total amount of annual payments: $ [INSERT AMOUNT] * * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * * * C-3 CITY OF WINTER SPRINGS, FLORIDA TUSCAWILLA SERVICE AREA INITIAL RELATED SERVICE ASSESSMENT RESOLUTION ADOPTED JULY 12, 1999 SECTION 1.01. SECTION 1.02. SECTION 1.03. SECTION 2.01. SECTION 2.02. SECTION 2.03. SECTION 2.04 SECTION 2.05. SECTION 2.06. SECTION 3.01. SECTION 3.02. SECTION 3.03. TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS AND CONSTRUCTION PURPOSE AND DEFINITIONS ......................................................1 INTERPRETATION ....................... .... ...................................... .......6 GENERAL FINDINGS. ....... ......... ..... ................ ........... ..... ........ ......6 ARTICLE II TUSCAWILLA SERVICE ASSESSMENTS DESCRIPTION OF PROPOSED SERVICE AREA. ........................9 IMPOSITION OF SERVICE ASSESSMENTS................................. 9 CLASSIFICATION OF TAX PARCELS. .......................................... 9 ERU ASSIGNMENTS. .. ...... ....... .............. ................... .................... 9 RELATED SERVICE ASSESSMENT ROLL .................................11 METHOD OF COLLECTION. .......... ...... ........................ ...... ......... 12 ARTICLE III NOTICE AND PUBLIC HEARING PUBLIC HEARING ........................................................ ............... 13 NOTICE BY PUBLICATION. ........... ....... ....................... ..... ........... 13 NOTICE BY MAIL. ............................................................ ............ 13 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. SEVERABILITY. ...... ............ .............. ................. .................... ...... 14 SECTION 4.02. EFFECTIVE DATE. ........ .............................................. .......... ...... 14 APPEf':JDIX ADESCRIPTION OF THE TUSCAWILLA SERVICE AREA. ................... A-1 APPENDIX BFORM OF NOTICE TO BE PUBLISHED. ............................................. B-1 APPENDIX C FORM OF NOTICE TO BE MAILED. .......................................... C-1