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Home My WebLink About2001 08 27 Public Hearings A Non-Ad Valorem Tax Assessment for Streetlighting !~ COMMISSION AGENDA ITEM A CONSENT INFORMATIONAL PUBLIC HEARINGS XX REGULAR August 27. 200l Meeting MGR ~EPT.-d-:::Jr-- Authorization REQUEST: The Finance Department is requesting the City Commission hold a Public Hearing on the Non-Ad Valorem Tax Assessment for Streetlighting within the Country Club Village Subdivision and provide directions as deemed appropriate. PURPOSE: The purpose of this Agenda item is to allow for public input on the City's intent to have placed upon the Property Tax Statement the Non-Ad Valorem Tax Assessment for Streetlighting for the Country Club Subdivision. CONSIDERATIONS: A. On July 23, 200l the Commission adopted Resolution No. 2001-32 providing for the Non-Ad Valorem Tax Assessment for Streetlighting within Country Club Village and setting a Public Hearing for this date. B. The Preliminary Assessment Roll has been prepared and filed with the City Clerk's office. C. Notices were sent first-class mail on July 27,2001 to the addresses of record from the Assessment Roll. D. Notice of the Public Hearing was advertised in a newspaper of general circulation on two consecutive weeks. (July 29 and August 5, 2001). E. The Commission at the 7/23/01 meeting did allow staff to increase the administrative fee up to 10% based on a review of actual costs. The review of .... actual costs does warrant a 10% charge. However, staff had already prepared the letters to the residents for mailing and found it was not cost beneficial at that point in time to redo them for the additional 5% or $361. The computation of next years assessment will include actual costs and the appropriate administrative % not to exceed 10%. FUNDING: A. Revenues are accounted for through the Special Revenues accounts in the Budget. Total assessment is $7,598.95 distributed to 245 parcels or $31.02 per parcel. B. Expenses are paid from the Revenue Source. RECOMMENDA TION: 1. If the Commission finds no reason to amend Resolution No. 200l-32, Staff recommends the Commission make a finding in the record that it determines no reason to amend Resolution No. 200l-32 as adopted on July 23,2001. 2. If the Commission finds a reason to amend Resolution No. 2001-32, approve a motion directing staff to amend Resolution 2001-32, as it deems appropriate. IMPLEMENT A TION SCHEDULE: 1. October 1,2001 A TT ACHMENTS: 1. Resolution No. 2001-32 as adopted on July 23,2001 establishing the annual Assessment. 2. Schedule of basis for computing assessment COMMISSION ACTION: !.. RESOLUTION NO. 2001-32 A RESOLUTION OF THE CITY COMMISSION AS THE GOVERNING BODY OF THE CITY OF WINTER SPRINGS/COUNTRY CLUB VILLAGE STREETLIGHT MAINTENANCE DISTRICT, PURSUANT TO THE PROVISIONS OF FS 170.01 ET SEQ., ADOPTING AND APPROVING THE ASSESSMENT PLAT FOR THE ANNUAL ASSESSMENT OF CHARGES FOR THE PROVISION OF STREET LIGHTING PURSUANT TO ORDINANCE NO. 545 DIRECTING PREPARATION OF THE PRELIMINARY ASSESSMENT ROLL, ESTABLISHING THE METHOD FOR COLLECTION OF THE ASSESSMENT, PROVIDING FOR NOTICE OF THE MEETING FOR PUBLIC COMMENT ON THE ADOPTION OF THE ASSESSMENT ROLL, ESTABLISHING THE BASIS FOR COMPUTATION OF THE ASSESSMENT, PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. NOW, THEREFORE, it is hereby resolved by the City Commission of the City of Winter Springs, Florida, acting as the governing board of the City of Winter Springs/Country Club Village Streetlight Maintenance District, as follows: 1. That annual charges for the operation and maintenance of street lights located within the district, which charges represent the difference between the actual cost of operation and maintenance of said street lights, less the amount duly paid and/or contributed by the City of Winter Springs for said operation and maintenance, shall be assessed against each residential lot in the following subdivisions, which subdivisions comprise the territory located within the City of Winter Springs/Country Club Village Streetlight Maintenance District: SUBDIVISIONS (a) Country Club Village Unit One, Plat Book 22, Pages 4, 5 and 6; (b) Country Club Village Unit Two, Plat Book 23, pages 78, 79 and 80; (c) Country Club Village Unit Three, Plat Book 25, pages 33, 34, 35, 36 & 37. r, 2. That the total cost of the annual assessment is $7,598.95. Said assessment is levied pursuant to the authority of FS 189.041 et seq., including but not necessarily limited to FS 189.4031, FS 189.4041, FS 189.416, FS 189.418 and Ordinance No. 545 of the City of Winter Springs, Florida, an ordinance creating a municipal services assessment and benefit district. 3. The charges so assessed shall be paid by an annual assessment, which. assessment shall continue from year to year unless amended by action of the governing body, levied on each residential lot in each of the subdivisions comprising the territory located within the City of Winter Springs/Country Club Village Streetlight Maintenance District in the amounts as duly reflected upon the assessment roll as heretofore identified, which assessments shall be collected by the Tax Collector of Seminole County, Florida, in the manner provided by FS 197,3632 and shall cast a lien upon the real property as assessed. 4. That the City Clerk of the City of Winter Springs, Florida, be and she is hereby directed and ordered to cause a copy of this resolution to be published once a week for a period of two (2) weeks in a newspaper of general circulation and published in Seminole County, Florida. 5. That the Director of Finance of the City of Winter Springs, Florida, be and he is hereby ordered and directed to cause to be made a preliminary assessment roll, which assessment roll shall be completed and which roll shall show the lots and lands assessed and the amount of the benefit to and the assessment against each lot or parcel of land. Further, said assessment roll shall show the assessment is to be paid in one (1) annual payment reflected in the manner provided for by FS 197.3632. , ~.. ~ 6. That said assessment roll shall be prepared and filed with the City Clerk of the City of Winter Springs, Florida on or before July 25, 2001. That upon receipt of said filing, the City Clerk shall give notice to each person whose names and lands appear on the assessment roll, that they may appear before the City Commission of the City of Winter Springs, Florida, on August 27,2001, at 6:30 p.m. or as soon thereafter as the matter be reach on the agenda, for the purpose of being heard as to the propriety and advisability of the making of said assessment, as to the manner of the payment therefore, and as to the amount thereof to be assessed against each property so improved. Said notice shall be given in writing on or before July 27,2001, and proof of mailing shall be made by affidavit of the City Clerk. Said notice shall contain notice of the time and place of the hearing and notice shall also be given by two (2) publications, a week apart, in a newspaper of general circulation in the City of Winter Springs as published in Seminole County, Florida, further provided that the second notice shall be published not later than August 5, 2001. That the assessment rolls for said charges, be and the same are hereby ratified, approved, and adopted by the City Commission of the City of Winter Springs, Florida, as the governing body of the Winter Springs/Country Club Village Streetlight Maintenance District, pursuant to the requirements set forth in FS 170.04. 7. Conflicts: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of any conflict. 8. Severability: If any section, sentience, phrase, word or portion of this resolution is determined to be invalid, unlawful, or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, . ..~. , ,'.~ sentence, phrase, word, or portion of this resolution not otherwise determined to be invalid, unlawful, or unconstitutional. This resolution shall take effect immediately upon passage and adoption. Passed and adopted this 23rd day of July ,2001. CITY OF WINTER SPRINGS, FLORIDA '--:0.1 ATTEST: JL~L- C Y CLERK --- , ,-. ..; I ........ CITY OF WINTER SPRINGS COUNTRY CLUB VILLAGE STREETLlGHTING ASSESSMENT FUND FOR ASSESSMENTS TO BE PAID DURING FY 02 BASIS FOR COMPUTING ASSESSMENT 12 months Streetlighting bills paid by City January, 2000 thru December, 2000 + Advertising of Notice of Public Hearing and Resolution No. 2000-19 = Total Funds Expended by City + Adjustment for early payment discount (.025641 of total funds expended by City) = Total Funds Expended by City and Adj for early pymt disc + Administration Fees (.05 of Total Funds Expended by City and Adj for early pymt disc) = Total Assessment for 245 Lots Assessment per lot 6,200.39 855.78 7,056.17 180.93 7,237.10 361.85 7,598.95 31.02