HomeMy WebLinkAbout2008 09 08 Public Hearing 507 Approve Resolution 2008-45 Collection of Delinquent Fire AssessmentsCity of Winter Springs
Regular Meeting -September 8, 2008
090808_COMM_Publ ic_Hearing_507_Del inquent_Fire_Asessments
COMMISSION AGENDA
ITEM 507
Consent
Informational
I Public Hearing I X I
September 8, 2008
Regular Meeting
Authorization
REQUEST: City Manager requesting Commission approve Resolution 2008-45 for purposes of
collection of delinquent fire assessments from FY 2008 via the property tax rolls.
PURPOSE: This agenda item is needed for the City Commission to consider approval of Resolution 2008-45
for purposes of collection of delinquent fire assessments from FY 2008 via the property tax rolls.
CONSIDERATIONS:
On December 10, 2007, the City Commission adopted Resolution 2007-50, expressing its intent to bill and collect
fire assessment fees via the tax rolls commencing in the following fiscal year. Although the City Commission
subsequently voted not to re-impose fire assessment fees in FY 2009, the utilization of the tax rolls is necessary in
order to collect delinquent fire assessments from FY 2008.
In addition to Resolution 2007-50, the City will be required to adopt two (2) further resolutions in order to levy
and collect delinquent FY 2008 fire assessments on the FY 2009 tax rolls. Again, these resolutions relate to
collection of delinquent FY 2008 fire assessments only.
On August 11, 2008 the Commission adopted the first of these two resolutions, Resolution 2008-35. Subsequent
to approval of the Resolution 2008-35, notices were mailed to affected home owners (i.e., those property owners
who are delinquent on their FY 2008 fire assessment). This Resolution was also advertised, accordingly.
The Final Resolution necessary in this process, Resolution 2008-45, is included herein for consideration.
FUNDING:
As of August 5, 2008, approximately 80% of FY 2008 fire assessments have been collected. These collections
result in approximately $277,000 in outstanding fire assessment revenue. This delinquent revenue has been
included in the FY 2009 budget.
RECOMMENDATION:
It is recommended that the Commission approve Resolution 2008-45 for purposes of collection of delinquent fire
assessments from FY 2008 via the property tax rolls.
ATTACHMENTS:
1. Resolution 2008-45.
COMMISSION ACTION:
CITY OF WINTER SPRINGS, FLORIDA
FINAL RATE RESOLUTION
ADOPTED SEPTEMBER 8, 2008
TABLE OF CONTENTS
Page
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
APPENDICES:
AUTHORITY ................................................................................... 3
DEFINITIONS AND INTERPRETATION ......................................... 3
CONFIRMATION OF SUPPLEMENTAL RATE RESOLUTION...... 3
IMPOSITION OF FIRE RESCUE ASSESSMENTS ........................ 3
APPROVAL OF SUPPLEMENTAL ASSESSMENT ROLL ............. 6
EFFECT OF ADOPTION OF RESOLUTION .................................. 6
SEVERABILITY ............................................................................... 6
EFFECTIVE DATE ..........................................................................6
APPENDIX A: AFFIDAVIT REGARDING NOTICE MAILED
TO PROPERTY OWNERS .........................................
APPENDIX B: PROOF OF PUBLICATION ........................................
APPENDIX C: FORM OF CERTIFICATE TO NON-AD VALOREM
ASSESSMENT ROLL .................................................
...............A-1
............... B-1
.............. C-1
RESOLUTION NO. 2008-45
CITY OF WINTER SPRINGS, FLORIDA
A RESOLUTION OF THE CITY OF WINTER SPRINGS,
FLORIDA, RELATING TO THE PROVISION OF FIRE
RESCUE SERVICES, FACILITIES AND PROGRAMS IN
THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING
FOR THE COLLECTION OF ANY DELINQUENT FIRE
RESCUE ASSESSMENTS FOR THE FISCAL YEAR THAT
BEGAN OCTOBER 1, 2007 PURSUANT TO THE
UNIFORM ASSESSMENT COLLECTION ACT;
CONFIRMING THE SUPPLEMENTAL RATE
RESOLUTION; APPROVING THE SUPPLEMENTAL
ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of Winter Springs, Florida (the "City
Commission"), has enacted Ordinance No. 2008-01 (the "Ordinance"), which authorizes
the imposition of Fire Rescue Assessments for fire rescue services, facilities, and
programs against Assessed Property located within the City;
WHEREAS, the imposition of a Fire Rescue Assessment for fire rescue services,
facilities, and programs each fiscal year is an equitable and efficient method of
allocating and apportioning the Fire Rescue Assessed Cost among parcels of Assessed
Property;
WHEREAS, the City Commission imposed Fire Rescue Assessments in the City
using the procedures provided by the Ordinance for the Fiscal Year that began on
October 1, 2007;
WHEREAS, the City collected the Fire Rescue Assessments imposed for the
Fiscal Year that began October 1, 2007 pursuant to the alternative collection method
1
provided in the Ordinance, but now desires to collect the remaining Delinquent Fire
Rescue Assessments pursuant to the Uniform Assessment Collection Act;
WHEREAS, the City Commission, on August 11, 2008, adopted Resolution
No. 2008-35 (the "Supplemental Rate Resolution");
WHEREAS, the Supplemental Rate Resolution contains and references a brief
and general description of the fire rescue services, facilities and programs to be
provided to Assessed Property; describes the method of apportioning the Fire Rescue
Assessed Cost to compute the Fire Rescue Assessment for fire rescue services,
facilities, and programs against Assessed Property; provides the rates of assessment
for the Delinquent Fire Rescue Assessments; and directs the updating and preparation
of the Assessment Roll and provision of the notice required by the Ordinance;
WHEREAS, in order to collect the Delinquent Fire Rescue Assessments for the
Fiscal Year that began October 1, 2007 pursuant to the Uniform Assessment Collection
Act, the Ordinance requires the City Commission to adopt a Final Rate Resolution
which establishes the rates of assessment and approves the Assessment Roll for the
upcoming Fiscal Year, with such amendments as the City Commission deems
appropriate, after hearing comments and objections of all interested parties;
WHEREAS, the supplemental Assessment Roll has heretofore been made
available for inspection by the public, as required by the Ordinance;
WHEREAS, notice of a public hearing has been published and mailed, as
required by the terms of the Ordinance, which provides notice to all interested persons
of an opportunity to be heard; an affidavit regarding the form of notice mailed being
2
attached hereto as Appendix A and the proof of publication being attached hereto as
Appendix B; and
WHEREAS, a public hearing was held on September 8, 2008, and comments
and objections of all interested persons have been heard and considered as required by
the terms of the Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WINTER SPRINGS, FLORIDA:
SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions
of Ordinance No. 2008-01, the Initial Assessment Resolution (Resolution No. 2008-13),
the Final Assessment Resolution (Resolution No. 2008-25), the Supplemental Rate
Resolution (Resolutions No. 2008-35); sections 166.021 and 166.041, Florida Statutes,
and other applicable provisions of law.
SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution
constitutes the Final Rate Resolution. All capitalized terms in this resolution shall have
the meanings defined in the Ordinance, the Initial Assessment Resolution, the Final
Assessment Resolution, and the Supplemental Rate Resolution.
SECTION 3. CONFIRMATION OF SUPPLEMENTAL RATE RESOLUTION.
The Supplemental Rate Resolution, including the legislative findings set forth in Section
4 of therein, is hereby confirmed.
SECTION 4. IMPOSITION OF FIRE RESCUE ASSESSMENTS.
(A) The parcels of Assessed Property with a Delinquent Fire Rescue
Assessments, as described in the Assessment Roll, are hereby found to be specially
3
benefited by the provision of the fire rescue services, facilities, and programs described
or referenced in the Supplemental Rate Resolution, in the amount of the Delinquent Fire
Rescue Assessment set forth in the supplemental Assessment Roll, a copy of which
was present or available for inspection at the above referenced public hearing and is
incorporated herein by reference. It is hereby ascertained, determined and declared
that each parcel of Assessed Property within the City will be specially benefited by the
City's provision of fire rescue services, facilities, and programs in an amount not less
than the Fire Rescue Assessment for such parcel, computed in the manner set forth in
the Supplemental Rate Resolution. Adoption of this Final Rate Resolution constitutes a
legislative determination that all parcels assessed derive a special benefit in a manner
consistent with the legislative declarations, determinations and findings as set forth in
the Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution, and
the Supplemental Rate Resolution from the fire rescue services, facilities, or programs
to be provided and a legislative determination that the Fire Rescue Assessments are
fairly and reasonably apportioned among the properties that receive the special benefit
as set forth in the Supplemental Rate Resolution.
(B) The method for computing the Fire Rescue Assessments described and
referenced in the Supplemental Rate Resolution is hereby approved. The Parcel
Apportionment and Cost Apportionment methodologies described in Section 5 of the
Supplemental Rate Resolution are hereby approved.
(C) The Fire Rescue Assessed Costs that were assessed and apportioned
among benefitted parcels pursuant to the Cost Apportionment and the Parcel
Apportionment provided in the Initial Assessment Resolution and Final Assessment
Resolution for the Fiscal Year that began October 1, 2007, are hereby confirmed.
4
(D) The Fire Assessment Rate Schedule adopted in the Final Assessment
Resolution, which is provided below, is hereby confirmed.
Rate Per Capacity
Residential Property Use Category Billing Unit
Single Family Residential $58.00
Multi Family Residential $109.00
Rate Per Capacity
Non-Residential Property Use Categories Billing Unit
Commercial $121.00
Industrial/Warehouse $29.00
Institutional $270.00
(E) The above rates of assessment are hereby approved for the purpose of
reimposing the Delinquent Fire Rescue Assessments and collecting those assessments
pursuant to the Uniform Assessment Collection Act. The Delinquent Fire Rescue
Assessments for fire rescue services, facilities, and programs in the amounts set forth in
the Assessment Roll, as herein approved, are hereby levied and imposed on all parcels
of Assessed Property described in such Assessment Roll for the Fiscal Year that began
on October 1, 2007.
(F) Any shortfall in the expected Fire Rescue Assessment proceeds due to
any reduction or exemption from payment of the Fire Rescue Assessments required by
law or authorized by the City Commission shall be supplemented by any legally
available funds, or combination of such funds, and shall not be paid for by proceeds or
funds derived from the Fire Rescue Assessments.
(G) Fire Rescue Assessments shall constitute a lien upon the Assessed
Property so assessed equal in rank and dignity with the liens of all state, county, district
or municipal taxes and other non-ad valorem assessments. Except as otherwise
provided by law, such lien shall be superior in dignity to all other liens, titles and claims,
until paid.
5
SECTION 5. APPROVAL OF SUPPLEMENTAL ASSESSMENT ROLL.
(A) The supplemental Assessment Roll containing all Tax Parcels with
Delinquent Fire Rescue Assessments, which is currently on file in the office of the City
Manager and incorporated herein by reference, is hereby approved.
(B) The supplemental Assessment Roll, as herein approved, shall be
delivered to the Tax Collector for collection using the tax bill collection method in the
manner prescribed by the Ordinance. The Assessment Roll, as delivered to the Tax
Collector, shall be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in
substantially the form attached hereto as Appendix C.
SECTION 6. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this
Final Rate Resolution shall be the final adjudication of the issues presented (including,
but not limited to, the determination of special benefit and fair apportionment to the
Assessed Property, the method of apportionment and assessment, the rate of
assessment, the Assessment Roll and the levy and lien of the Fire Rescue
Assessments), unless proper steps shall be initiated in a court of competent jurisdiction
to secure relief within 20 days from the date of this Final Rate Resolution.
SECTION 7. SEVERABILITY. If any clause, section or other part of this
resolution shall be held by any court of competent jurisdiction to be unconstitutional or
invalid, such unconstitutional or invalid part shall be considered as eliminated and in no
way effecting the validity of the other provisions of this resolution.
SECTION 8. EFFECTIVE DATE. This Final Rate Resolution shall take effect
immediately upon its passage and adoption.
6
PASSED AND ADOPTED this 8th day of September, 2008.
CITY OF WINTER SPRINGS, FLORIDA
ATTEST:
Mayor
City Clerk
(Corporate Seal)
APPROVED AS TO FORM AND CORRECTNESS:
City Attorney
7
APPENDIX A
AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Ronald W.
McLemore, Sandi Melgarejo, and Kathryn L. Griffith, who, after being duly sworn,
depose and say:
1. Ronald W. McLemore, as City Manager of the City of Winter Springs,
Florida ("City"), pursuant to a Fire Services Assessment Program Maintenance
Proposal dated May 20, 2008 between Government Services Group, Inc. ("GSG") and
the City and the authority and direction received from the City Commission, timely
directed the preparation of the Assessment Roll and the preparation, mailing, and
publication of notices in accordance with the Fire Rescue Assessment Ordinance
adopted by the City Commission on March 24, 2008 (the "Assessment Ordinance") and
in conformance with the Supplemental Rate Resolution adopted by the City
Commission on August 11, 2008 (the "Supplemental Rate Resolution").
2. Sandi Melgarejo is Project Coordinator for GSG. GSG has caused the
notices required by the Assessment Ordinance to be prepared in conformance with the
Supplemental Rate Resolution. An exemplary form of such notice is attached hereto.
GSG has caused such individual notices for each affected property owner to be
prepared and each notice included the following information: the purpose of the
assessment; the total amount proposed to be levied against each parcel; the unit of
measurement to be applied against each parcel to determine the assessment; the
number of such units contained within each parcel; the total revenue the City expects to
collect by the assessment; a statement that failure to pay the assessment could result in
foreclosure proceedings against the property as well as the initiation of proceedings to
A-1
compel payment by any means authorized by law, including the collection of any
delinquent amounts on a subsequent years' tax bill, which, if not paid, would cause a
tax certificate to be issued against the property which may result in a loss of title; a
statement that all affected property owners have a right to appear at the hearing and to
file written objections with the local governing board within 20 days of the notice; and
the date, time, and place of the hearing.
3. On or before August 18, 2008, GSG delivered and directed the mailing of
the above-referenced notices by Modern Mailers, Inc. ("Modern Mailers"), in accordance
with Sections 2.05 of the Assessment Ordinance and the Supplemental Rate Resolution
by First Class Mail to each affected owner, at the addresses then shown on the real
property assessment tax roll database maintained by the Seminole County Property
Appraiser for the purpose of the collection of ad valorem taxes. Notices to property
owners receiving multiple individual notices were mailed, or caused to be mailed by
GSG on or before August 18, 2008.
4. Kathryn L. Griffith is Assistant General Manager of Modern Mailers. As
directed above, Modern Mailers, mailed or caused to be mailed on or before August 18,
2008, the above-referenced notices delivered to Modern Mailers by GSG.
FURTHER AFFIANTS SAYETH NOT
r ~ ~~
onald W. McLe ore, iant
elgarejo, affiant
i:.~r' ~ - i ~ ~ //~
thr L. riffith, affiant
A-2
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoin Affidavit of Mailing was sworn to and subscribed before me this
~~~ day of ;w,.12008 by Ronald W. McLemore, City Manager, City of Winter
Springs, Florida. He is personally known to _rr~~ or has produced as
identification and did take an oath. ~,
2o.>KY ~„~ ^ Notary Public State of Florida
Andrea Lorenzo-Luaces
~; ~- ~ My Commission DD664334
~~~ ~~°~ Ex gyres 05/0912011
STATE OF FLORIDA
COUNTY OF LEON
1
n d Name: 1~-->tr<-~~~~ _ ~~S
Notary Public, State of Florida
At Large
My Commission expires: ~~~t-~~~
C~mmissl~n N~.. , b
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
~(~ day of $~~' , 2008 by Sandi Melgarejo, Project Coordinator, Government
Services Group, Ih~., a Florida corporation. She is personally known to me or has
produced as identification and did take an oath.
,:..
""" J. WENDY WILLIAMS
Commission DD 787547
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Bpided TNu T Fein Mwrance BOo-386701
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P ted Name: J . (.J¢.o-d~~ W:LI~ s
otary Public, State of Florida
At Large
My Commission Expires: 5 ~~ ~o~?
Commission No.: Q D ~8 Sy ~
STATE OF FLORIDA
COUNTY OF LEON
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
Z-E day of s~' _, 2008 by Kathryn L. Griffith, Assistant General Manager,
Modern Mailers, I ., a Florida corporation. She is personally known to me or has
produced ~'t;'e~:,,, ce. as identification and did take an oath.
•,~ "'~ J. WENDY WILLIAMS
~'' ~~,~.' Commission DD 787547
~a ~ Expires May 12, 2012
'o'~~ ~ jI Banded Tnro Troy Fein urumce BOp3BS7019
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Pri d Name: J. GJtu~ ~ s
N ary Public, State of Florida
At Large
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Commission No.: D ~ ? ? 4"7
A-3
APPENDIX B
PROOF OF PUBLICATION
The Orlando Sentinel
633 North Orange Avenue
MP 132
Orlando, FL 32801
City of Winter Spring
#063530003
To Whom It May Concern:
This is to confirm that the advertisement for City of Winter Spring published in The Orlando Sentinel on the following date.
Publication Date: Thursday, August 14, 2008
Ad Caption: Fire Rescue
Section: Seminole
Size: 2 columns x 1050"
Job:#035564701
Should you need further information, please feel free to contact me.
Sincer
J
Jaconia to
Y Y
Account Representative
The Orlando Sentinel
/mdu
State of Florida
County of Orange
The foregoing instrument was acknowledged before me this 2l'" day of August, 2008, by Jaconia Toyloy, who is personally
known to me.
~_ ~
Notary P blic
State of Florida Large
s•'~i+'' •••,,~ NANCY A. PUGIJA
?'~ := MY COMMISSION q DD 678613
.:
~•., sf' EXPIRES: June 11, 2011
~Atih~` 6«~a ThN Notary Puhlic Underwnlers
City of Winter Springs
.NOTICE OF HEARING TO
IMPOSE AND .PROVIDE FOR
COLLECTION.OF .
DELINQUENT FIRE RESCUE
SPECIAL ASSESSMENTS
Nolice'is hereby given that the City Commission,of the City of Winter Springs
will conduct a public hearing to consider using the ad valorem tax- bill for
collecting delinquent fire rescue special assessments imposed for the Fiscal Year
that began October 1, 2007, within the municipa) boundaries of the City of Winter
SpMgs. ,
The hearing will be held at 5:15 p.m. on September B, 2008, in Commission
Chambers, City Hall, 1126 East S.R. 434, Winter Springs, Florida, for the
purpose of receiving public comment on the assessments and the use of the
tax bill collection method for their collection. All affected property owners
have a right to ap}lear at the hearing and to file written objections with the City
Commission within 20 days of this notice. If a person decides to, appeal any
decision made by the City Commission with respect to any matter considered
at the hearing, such person will need a record of ilte 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 Arfiericans with
Disabilities Act, persons needing a special accommodation or an interpreter
to participate in this,proceeding should contact the City of Winter Sprutgs at
(407)327-1800, at least 46 hours prior to the date of the hearing.
The assessment for each parcel of property was based upon each parcel's
classification and the total number of capacity units attributed to that parcel. The
adopted fire rescue assessment rate schedule for the Fiscal Year that began on
Qctober 1, 2007, is as follows: '
t
Rale Per Capar3ty
~
Resldentlal Proberiy Use Cakgory
BUUng Unit
ding e- 1 7:artuly Restdenua 58.00
Multi Family Residential $109.00
Rak Per Capacity
Non•Residendal Property Use Categories Billing Untt
o~mmercr I ~11a
IndustriaUN(arehouse $29.00
Institutional $270.00
Copies of the Fite Rescue Assessment Ordinance, the Initial Assessment
Resolution, the Final Assessment Resolution, the Supplemental Assessment
Resolution, and the supplemental Assessment Roll are available for inspection in
the office of the City Manager, 1126 East S.R. 434, Winter Springs, Florida.
For those properties that have not paid the Fire Rescue Assess{ent for the
Fiscal Year that began October 1, 2007, in full by, the close of business on
September 5, 2008, the ugpaid amount will be collected on the annual ad valorem
taz bill mailed in November 2008. Failure to pay the assessment will cause a taz
certificate to be issued against the property in accordance with the provisions of
.Florida law whi h ma resul
c y I m a loss of title.
if you have any questions, please contact the City of Winter Springs, General
Services Division at (407) 327-1800, Monday through Friday between B:00 a.m.
and 4:30 p.m.
Map of the City of Winter Springs
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CITY COMMISSION ~ s
CITY OF WINTER SPRIIVGS, FLORIDA a
EXHIBIT C
CERTIFICATE TO
NON-AD VALOREM ASSESSMENT ROLL
CERTIFICATE
TO
NON-AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that, I am the Mayor of the City of Winter Springs, Florida,
or an 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 non-ad valorem
assessment roll for fire rescue services (the "Non-Ad Valorem Assessment Roll") for the
City is properly assessed so far as I have been able to ascertain; and that all required
extensions on the above described roll to show the non-ad valorem assessments
attributable to the property listed therein have been made pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform Assessment
Collection Act, this certificate and the herein described Non-Ad Valorem Assessment
Roll will be delivered to the Seminole County Tax Collector by September 15, 2008.
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 day of , 2008.
CITY OF WINTER SPRINGS, FLORIDA
By:
Mayor
[to be delivered to Tax Collector prior to September 15]
C-1
CITY OF WINTER SPRINGS, FLORIDA
FINAL RATE RESOLUTION
ADOPTED SEPTEMBER 8, 2008
TABLE OF CONTENTS
Page
SECTION 1. AUTHORITY ...................................................................................3
SECTION 2. DEFINITIONS AND INTERPRETATION ...................................... ... 3
SECTION 3. CONFIRMATION OF SUPPLEMENTAL RATE RESOLUTION... ... 3
SECTION 4. IMPOSITION OF FIRE RESCUE ASSESSMENTS ..................... ... 3
SECTION 5. APPROVAL OF SUPPLEMENTAL ASSESSMENT ROLL .......... ...6
SECTION 6. EFFECT OF ADOPTION OF RESOLUTION ............................... ... 6
SECTION 7. SEVERABILITY ............................................................................... 6
SECTION 8. EFFECTIVE DATE .......................................................................... 6
APPENDICES:
APPENDIX A: AFFIDAVIT REGARDING NOTICE MAILED
TO PROPERTY OWNERS .......................................................... A-1
APPENDIX B: PROOF OF PUBLICATION ......................................................... B-1
APPENDIX C: FORM OF CERTIFICATE TO NON-AD VALOREM
ASSESSMENT ROLL ................................................................. C-1
RESOLUTION NO. 2008-45
CITY OF WINTER SPRINGS, FLORIDA
A RESOLUTION OF THE CITY OF WINTER SPRINGS,
FLORIDA, RELATING TO THE PROVISION OF FIRE
RESCUE SERVICES, FACILITIES AND PROGRAMS IN
THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING
FOR THE COLLECTION OF ANY DELINQUENT FIRE
RESCUE ASSESSMENTS FOR THE FISCAL YEAR THAT
BEGAN OCTOBER 1, 2007 PURSUANT TO THE
UNIFORM ASSESSMENT COLLECTION ACT;
CONFIRMING THE SUPPLEMENTAL RATE
RESOLUTION; APPROVING THE SUPPLEMENTAL
ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of Winter Springs, Florida (the "City
Commission"), has enacted Ordinance No. 2008-01 (the "Ordinance"), which authorizes
the imposition of Fire Rescue Assessments for fire rescue services, facilities, and
programs against Assessed Property located within the City;
WHEREAS, the imposition of a Fire Rescue Assessment for fire rescue services,
facilities, and programs each fiscal year is an equitable and efficient method of
allocating and apportioning the Fire Rescue Assessed Cost among parcels of Assessed
Property;
WHEREAS, the City Commission imposed Fire Rescue Assessments in the City
using the procedures provided by the Ordinance for the Fiscal Year that began on
October 1, 2007;
WHEREAS, the City collected the Fire Rescue Assessments imposed for the
Fiscal Year that began October 1, 2007 pursuant to the alternative collection method
1
provided in the Ordinance, but now desires to collect the remaining Delinquent Fire
Rescue Assessments pursuant to the Uniform Assessment Collection Act;
WHEREAS, the City Commission, on August 11, 2008, adopted Resolution
No. 2008-35 (the "Supplemental Rate Resolution");
WHEREAS, the Supplemental Rate Resolution contains and references a brief
and general description of the fire rescue services, facilities and programs to be
provided to Assessed Property; describes the method of apportioning the Fire Rescue
Assessed Cost to compute the Fire Rescue Assessment for fire rescue services,
facilities, and programs against Assessed Property; provides the rates of assessment
for the Delinquent Fire Rescue Assessments; and directs the updating and preparation
of the Assessment Roll and provision of the notice required by the Ordinance;
WHEREAS, in order to collect the Delinquent Fire Rescue Assessments for the
Fiscal Year that began October 1, 2007 pursuant to the Uniform Assessment Collection
Act, the Ordinance requires the City Commission to adopt a Final Rate Resolution
which establishes the rates of assessment and approves the Assessment Roll for the
upcoming Fiscal Year, with such amendments as the City Commission deems
appropriate, after hearing comments and objections of all interested parties;
WHEREAS, the supplemental Assessment Roll has heretofore been made
available for inspection by the public, as required by the Ordinance;
WHEREAS, notice of a public hearing has been published and mailed, as
required by the terms of the Ordinance, which provides notice to all interested persons
of an opportunity to be heard; an affidavit regarding the form of notice mailed being
2
attached hereto as Appendix A and the proof of publication being attached hereto as
Appendix B; and
WHEREAS, a public hearing was held on September 8, 2008, and comments
and objections of all interested persons have been heard and considered as required by
the terms of the Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WINTER SPRINGS, FLORIDA:
SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions
of Ordinance No. 2008-01, the Initial Assessment Resolution (Resolution No. 2008-13),
the Final Assessment Resolution (Resolution No. 2008-25), the Supplemental Rate
Resolution (Resolutions No. 2008-35); sections 166.021 and 166.041, Florida Statutes,
and other applicable provisions of law.
SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution
constitutes the Final Rate Resolution. All capitalized terms in this resolution shall have
the meanings defined in the Ordinance, the Initial Assessment Resolution, the Final
Assessment Resolution, and the Supplemental Rate Resolution.
SECTION 3. CONFIRMATION OF SUPPLEMENTAL RATE RESOLUTION.
The Supplemental Rate Resolution, including the legislative findings set forth in Section
4 of therein, is hereby confirmed.
SECTION 4. IMPOSITION OF FIRE RESCUE ASSESSMENTS.
(A) The parcels of Assessed Property with a Delinquent Fire Rescue
Assessments, as described in the Assessment Roll, are hereby found to be specially
3
benefited by the provision of the fire rescue services, facilities, and programs described
or referenced in the Supplemental Rate Resolution, in the amount of the Delinquent Fire
Rescue Assessment set forth in the supplemental Assessment Roll, a copy of which
was present or available for inspection at the above referenced public hearing and is
incorporated herein by reference. It is hereby ascertained, determined and declared
that each parcel of Assessed Property within the City will be specially benefited by the
City's provision of fire rescue services, facilities, and programs in an amount not less
than the Fire Rescue Assessment for such parcel, computed in the manner set forth in
the Supplemental Rate Resolution. Adoption of this Final Rate Resolution constitutes a
legislative determination that all parcels assessed derive a special benefit in a manner
consistent with the legislative declarations, determinations and findings as set forth in
the Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution, and
the Supplemental Rate Resolution from the fire rescue services, facilities, or programs
to be provided and a legislative determination that the Fire Rescue Assessments are
fairly and reasonably apportioned among the properties that receive the special benefit
as set forth in the Supplemental Rate Resolution.
(B) The method for computing the Fire Rescue Assessments described and
referenced in the Supplemental Rate Resolution is hereby approved. The Parcel
Apportionment and Cost Apportionment methodologies described in Section 5 of the
Supplemental Rate Resolution are hereby approved.
(C) The Fire Rescue Assessed Costs that were assessed and apportioned
among benefitted parcels pursuant to the Cost Apportionment and the Parcel
Apportionment provided in the Initial Assessment Resolution and Final Assessment
Resolution for the Fiscal Year that began October 1, 2007, are hereby confirmed.
4
(D) The Fire Assessment Rate Schedule adopted in the Final Assessment
Resolution, which is provided below, is hereby confirmed.
Rate Per Capacity
Residential Property Use Category Billing Unit
Single Family Residential $58.00
Multi Family Residential $109.00
Rate Per Capacity
Non-Residential Property Use Categories Billing Unit
Commercial $121.00
IndustrialNVarehouse $29.00
Institutional $270.00
(E) The above rates of assessment are hereby approved for the purpose of
reimposing the Delinquent Fire Rescue Assessments and collecting those assessments
pursuant to the Uniform Assessment Collection Act. The Delinquent Fire Rescue
Assessments for fire rescue services, facilities, and programs in the amounts set forth in
the Assessment Roll, as herein approved, are hereby levied and imposed on all parcels
of Assessed Property described in such Assessment Roll for the Fiscal Year that began
on October 1, 2007.
(F) Any shortfall in the expected Fire Rescue Assessment proceeds due to
any reduction or exemption from payment of the Fire Rescue Assessments required by
law or authorized by the City Commission shall be supplemented by any legally
available funds, or combination of such funds, and shall not be paid for by proceeds or
funds derived from the Fire Rescue Assessments.
(G) Fire Rescue Assessments shall constitute a lien upon the Assessed
Property so assessed equal in rank and dignity with the liens of all state, county, district
or municipal taxes and other non-ad valorem assessments. Except as otherwise
provided by law, such lien shall be superior in dignity to all other liens, titles and claims,
until paid.
5
SECTION 5. APPROVAL OF SUPPLEMENTAL ASSESSMENT ROLL.
(A) The supplemental Assessment Roll containing all Tax Parcels with
Delinquent Fire Rescue Assessments, which is currently on file in the office of the City
Manager and incorporated herein by reference, is hereby approved.
(B) The supplemental Assessment Roll, as herein approved, shall be
delivered to the Tax Collector for collection using the tax bill collection method in the
manner prescribed by the Ordinance. The Assessment Roll, as delivered to the Tax
Collector, shall be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in
substantially the form attached hereto as Appendix C.
SECTION 6. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this
Final Rate Resolution shall be the final adjudication of the issues presented (including,
but not limited to, the determination of special benefit and fair apportionment to the
Assessed Property, the method of apportionment and assessment, the rate of
assessment, the Assessment Roll and the levy and lien of the Fire Rescue
Assessments), unless proper steps shall be initiated in a court of competent jurisdiction
to secure relief within 20 days from the date of this Final Rate Resolution.
SECTION 7. SEVERABILITY. If any clause, section or other part of this
resolution shall be held by any court of competent jurisdiction to be unconstitutional or
invalid, such unconstitutional or invalid part shall be considered as eliminated and in no
way effecting the validity of the other provisions of this resolution.
SECTION 8. EFFECTIVE DATE. This Final Rate Resolution shall take effect
immediately upon its passage and adoption.
6
PASSED AND ADOPTED this 8th day of September, 2008.
AT EST:
/?
C r
(Corporate Seal)
CITY OF WINTEP: SPRI[vC~; FLORIDA
7. ,.
May
APPR AS TO FORM AND CORRECTNESS:
City Attorney
APPENDIX A
AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Ronald W.
McLemore, Sandi Melgarejo, and Kathryn L. Griffith, who, after being duly sworn,
depose and say:
1. Ronald W. McLemore, as City Manager of the City of Winter Springs,
Florida ("City"), pursuant to a Fire Services Assessment Program Maintenance
Proposal dated May 20, 2008 between Government Services Group, Inc. ("GSG") and
the City and the authority and direction received from the City Commission, timely
directed the preparation of the Assessment Roll and the preparation, mailing, and
publication of notices in accordance with the Fire Rescue Assessment Ordinance
adopted by the City Commission on March 24, 2008 (the "Assessment Ordinance") and
in conformance with the Supplemental Rate Resolution adopted by the City
Commission on August 11, 2008 (the "Supplemental Rate Resolution").
2. Sandi Melgarejo is Project Coordinator for GSG. GSG has caused the
notices required by the Assessment Ordinance to be prepared in conformance with the
Supplemental Rate Resolution. An exemplary form of such notice is attached hereto.
GSG has caused such individual notices for each affected property owner to be
prepared and each notice included the following information: the purpose of the
assessment; the total amount proposed to be levied against each parcel; the unit of
measurement to be applied against each parcel to determine the assessment; the
number of such units contained within each parcel; the total revenue the City expects to
collect by the assessment; a statement that failure to pay the assessment could result in
foreclosure proceedings against the property as well as the initiation of proceedings to
A-1
compel payment by any means authorized by law, including the collection of any
delinquent amounts on a subsequent years' tax bill, which, if not paid, would cause a
tax certificate to be issued against the property which may result in a loss of title; a
statement that all affected property owners have a right to appear at the hearing and to
file written objections with the local governing board within 20 days of the notice; and
the date, time, and place of the hearing.
3. On or before August 18, 2008, GSG delivered and directed the mailing of
the above-referenced notices by Modern Mailers, Inc. ("Modern Mailers"), in accordance
with Sections 2.05 of the Assessment Ordinance and the Supplemental Rate Resolution
by First Class Mail to each affected owner, at the addresses then shown on the real
property assessment tax roll database maintained by the Seminole County Property
Appraiser for the purpose of the collection of ad valorem taxes. Notices to property
owners receiving multiple individual notices were mailed, or caused to be mailed by
GSG on or before August 18, 2008.
4. Kathryn L. Griffith is Assistant General Manager of Modern Mailers. As
directed above, Modern Mailers, mailed or caused to be mailed on or before August 18,
2008, the above-referenced notices delivered to Modern Mailers by GSG.
FURTHER AFFIANTS SAYETH NOT.
GJ ~~~
onald W. McLe ore, iant
~ndy'I(/lelgarejo, affiant ~
ath L. riffith, affiant
A-2
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoin Affidavit of Mailing was sworn to and subscribed
~~~ day of ;w,.12008 by Ronald W. McLemore, City Manager
Springs, Florida. He is personally, known to _-~~ or has produced
identification and did take an oath. ~,
2o~>K~ P,a ^ Notary Public State of Florida
® Andrea Lorenzo-luaces
9 -. ~ My Commission DD664334
'`poi F`°~ Ex Tres 05109/2011
STATE OF FLORIDA
COUNTY OF LEON
..~
n dName : ~- Ir-~tr<-t~}xz - t~.j ~.c~S
Notary Public, State of Florida
At Large
My Commission x~res: ~I~Z-~~l
Commission No.~
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
2~(.~ day of ~~u~t , 2008 by Sandi Melgarejo, Project Coordinator, Government
Services Group, If~'b., a Florida corporation. She is personally known to me or has
produced as identification and did take an oath.
,~',.,, J. WENDY WILLIAMS
;.; :r Commission DD 787547
=, ~= Expires May 12, 2012
~'~, ~~ , Banded ThN Tmy Fain Yrixanoa 804306701
L.c-c..~.-c%~c.~c-~-a.J
P ted Name: .1. (.JQ.c-d2~ W:ll:a,,w s
otary Public, State of Florida
At Large
My Commission Expires: 5 ~~ ~d/?
Commission No.: (~ D ~8 Sy ~
STATE OF FLORIDA
COUNTY OF LEON
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
't-}'~ day of s'~' , 2008 by Kathryn L. Griffith, Assistant General Manager,
Modern Mailers, I ., a Florida corporation. She is personally known to me or has
produced~~;'6~~,,,,ce.as identification and did take an oath.
;~~;~ "' ..,; J. WENDY WILLIAMS
,w: ~: Commission DD 787547
Expires May 12, 2012
'o'~~' ~ Bonded Thru Tnry Fain krurance 804385'7019
.~,,,
~c~
Pri dName: J. ~ s
N ary Public, State of Florida
At Large
My Commission Expires: S / 3- ~D ~~
Commission No.: D ~ ? 7 4?
before me this
City of Winter
as
A-3
APPENDIX B
PROOF OF PUBLICATION
The Orlando Sentinel
633 North Orange Avenue
MP 132
Orlando, FL 32801
City of Winter Spring
!1063530003
To Whom It May Concern:
Phis is to confirm that the advertisement for City of Winter Spring published in The Orlando Sen~rnel on the following date.
Publication Date: Thursday, August 14, 2008
Ad Caption: Fire Rescue
Sxtion: Seminole
Size: 2 columns x 1050"
Job:#035564701
Should you need further information, please feet free to contact me.
Sincer
~~ 1
Jaconia to
Y Y
Account Representative
The Orlando Sentinel
/mdu
State of Florida
County of Orange
The foregoing instrument was acknowledged before me this 21'" day of August, 2008, by Jaconia Toyloy, who is personally
known to me.
4
Notary P lic
State of Florda Large
`+~','~ :lj~y NANCY A PUGLIA
~., .= MY COMMISSION N DD 678673
~~~Af„~'°j ea,aw PnwE-~auy P~ ~, 2()t>n
City of, Winter Springs . ~ •
..NOTICE OF' HEARING TO
IMPOSE AND .PROVIDE FOR•
COLLECTION.OF .
DELINQUENT FIRE RESCUE
SPECIAL ASSESSMENTS
Noilce is hereby given that the City Commission,of the City of Winter Springs
will conduct a public heating to confider using the ad valorem tax bill for
collecting delinquent fire rescue special assessments imposed for the Fiscal Year
that began October 1, 2007, within the municipal boundaries of the City of Winter
Springs. ,
The hearing will be held at 5:15 p.m. on September B, 2008, in Convnission
Chambers, City Hall, 1126 East S.R. 434, Winter Springs, Florida, for the
purpose of receiving public comment on the assessments and the use of the
tax bill collection method for their collection. All affected property owners
have a right W appear at the heating and to file written objections with ilte City
Commission within 20 days of this notice. Tf a person decides to appeal any
decision made by the City Commission with respect to any matter considered
at the hearing, such person will need a record of ilu pproceedings and may need
to ensure that a verbatim record is made, including the testimony and evidence
upon which the appeal is to be made. Tn accordance with the Artfericaos with
Disabilities Act, persons .tueding especial accommodation or an interpreter
to participate in this proceeding should •contact the City of Winter Springs at
(407)327-1800, at leaxt 48 hours prior to the date of the heating.
The assessment for each parcel of property was based upon each .parcel's
classification and the total aumber'of capacity units attributed to that panel, The
adopted fire rescie assessment rate schedule for the Fiuel Year that began on
l)ctober 1, 2007, is as follows: '
i
Rate Pa Capadty
~
Reaidentia! Pro err Use Category
BBBng Unit
ding a am' y Resi end -X3$,00•
Mulct Family Residential ~ 5109.00
Rate Per Capadty
Non•Residential Property Use Categories Billing Utdt
ommererT,
IridustriaUVKatehouse 529.00
Institutional 5270.00
Copies of ilte Fire Rescue Astesstnetit Ordinance, the Initial Asussmeat
Resolution, the Final Asaeastnent Resolution, the Supplemental Assessment
Resolution, and the supplemental Assessment Roll are available for inspection in
the office of the City Manager, 1126 East S.R. 434, Winter Springs, Florida.
For those properties that have not paid the F'ue Rescue Assesslrient for the
Fiscal Year that began October 1, 2007, in full by, the close of business on
September 5, 2006, the unpaid amount will be collected on the annual ad valorem
lax bill mailed in November 2008. Failure to pay the assessment will cause a tax
certificate to be issued against the' property in accordance with the provisions of
Florida law, which may result in a loss of dtie.
If you. have any questions, please contact the City of Winter Springs, General
Services Division at (407) 327-1800, Monday through Friday between B:00 a.m.
and 4:30 p.m.
Map of the City of Winter Springs
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CITY COMMISSION
CITY OE WINTER SPRIIVGS, FLORIDA
EXHIBIT C
CERTIFICATE TO
NON-AD VALOREM ASSESSMENT ROLL
CERTIFICATE
TO
NON-AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that, I am the Mayor of the City of Winter Springs, Florida,
or an 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 non-ad valorem
assessment roll for fire rescue services (the "Non-Ad Valorem Assessment Roll") for the
City is properly assessed so far as I have been able to ascertain; and that all required
extensions on the above described roll to show the non-ad valorem assessments
attributable to the property listed therein have been made pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform Assessment
Collection Act, this certificate and the herein described Non-Ad Valorem Assessment
Roll will be delivered to the Seminole County Tax Collector by September 15, 2008.
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 8th day of sept~mber , 2fQ$,
CITY OF WINTER SPRIF:GS, FLU!~IUA
B ~~ ~C~~1:~C~~
Y
May
[to be delivered to Tax Collector prior to September 15]
C-1