HomeMy WebLinkAbout2006 08 28 Regular 302 Resolution 2006-44 Oak Forest
COMMISSION AGENDA
ITEM 302
REGULAR
August 28, 2006
Meeting
MGR DEPT
Authorization
REQUEST: The Finance Department is requesting that the City Commission Adopt
Resolution 2006-44, relating to the Oak Forest Wall and Beautification
Assessment Area.
PURPOSE: The purpose of this request is for the City Commission to adopt Resolution 2006-44,
relating to the Oak Forest Assessment Area. This Resolution Approves the
Assessment Rolls for the Oak Forest Wall and Beautification District ("Oak Forest")
for Fiscal Year 2006/2007 (Tax Year 2006); Establishes the lien associated with the
assessment area; and Directs the City Manager to deliver the Certificate of Assessment
Roll to the Seminole County Tax Collector by September 15, 2006.
CONSIDERATIONS:
. On July 13, 1998, the City Commission adopted Resolution No. 98-704, providing
for the creation of assessment areas within the City and authorizing the imposition
and collection of special assessments to fund the cost of capital improvements and
related services within the City. Section 3.07 of this resolution requires that the
City Commission adopt an Annual Local Improvement Assessment Resolution for
each fiscal year in which the Local Improvement Assessments will be imposed to
approve the Local Improvement Assessment Roll for such year. Section 3.08
requires that the Local Improvement Assessment Roll, as approved by the Annual
Local Improvement Assessment Resolution, be certified to the Tax Collector.
Resolution No. 2000-06, dated April 10, 2000, established the Oak Forest
Assessment Area. Resolution No. 2000-10, dated May 10, 2000, adopted a
maximum annual assessment rate of $71.00 per ERU for capital and $24.00 per
ERU for maintenance. On September 20, 2004, Resolution No. 2004-42 was
adopted by the Commission, which added flexibility in the application of
improvement assessment proceeds as well as increased the annual maintenance
assessment to $40.82 per year.
. The assessments included in the Fiscal Year 2006-2007 budget are as follows:
$71.00 per ERU for capital (no change) and $40.82 per ERU for maintenance (no
change).
Regular Agenda Item 302
August 28, 2006
Page 2 of 2
. Government Services Group (GSG) has been contracted to perform the duties
associated with the annual determination of capital (debt service) and maintenance
assessments for Oak Forest.
. The final assessment rolls by parcel number and alphabetically by property owner
are available in the lobby and the City Clerk's office.
. Please note: Both assessments are at their legal maximums, $71.00 per ERU for
capital and $40.82 per ERU for maintenance. Due to increases in costs as well as
inclusion of a portion of the labor costs of the beautification division and the cost
to administer the assessment (GSG) and for legal counsel (Nabors, Giblin and
Nickerson, P.A.), these legal maximums will need to be increased before adoption
of the Fiscal Year 2007/2008 (Tax Year 2007) Final Budget. A legal notification
process with mailings, advertisements and public hearings will need to occur
before these assessments can be increased. All property owners in the Oak Forest
assessment area will be notified. The Fiscal Year 2005/2006 actual expenditures
as well as the Fiscal Year 200612007 projected expenditures (see attached) shows
fund balance being spent each year to maintain current level of services, i.e. debt
service payments and maintenance costs. As a result there will be no fund balance
left by Fiscal Year 200712008 for debt service and by Fiscal Year 2009/2010
(assuming expenditure increases each year) for maintenance costs if the assessment
rates are not increased next year.
RECOMMENDATION: Staff recommends that the City Commission consider the adoption of
Resolution 2006-44, relating to the Oak Forest Wall and Beautification Assessment
Area.
ATTACHMENTS:
1. Resolution 2006-44
2. First and Last Page - Oak Forest Annual Assessment Roll 2006-2007
3. Certificate to Non-Ad Valorem Assessment Roll- Oak Forest
4. Assessment Summary
5. Fiscal Year 2006/2007 Tentative Budget for Oak Forest Debt Service Fund
6. Fiscal Year 2006/2007 Tentative Budget for Oak Forest Maintenance Fund
7. Fiscal Year 2006/2007 Tentative Budget for Oak Forest Capital Fund
COMMISSION ACTION:
CITY OF WINTER SPRINGS, FLORIDA
RESOLUTION NUMBER 2006-44
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, APPROVING
ASSESSMENT ROLLS FOR VARIOUS ASSESSMENT
AREAS ESTABLISHED PURSUANT TO ORDINANCE
NO. 98-704; ESTABLISHING THE LIEN ASSOCIATED
THEREWITH; DIRECTING THAT THE ASSESSMENT
ROLLS BE CERTIFIED TO THE SEMINOLE COUNTY
TAX COLLECTOR; AND PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY AND 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 created and imposed
special assessments within the Oak Forest Assessment Area on May 10, 2000; 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 Commission deems that this Resolution is in the best interests of
the public health, safety and welfare of the citizens of the City of Winter Springs, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS
FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are deemed true and correct
and are hereby fully incorporated by this reference.
SECTION 2. AUTHORITY. This Resolution is adopted pursuant to the
Ordinance, Chapter 166, Florida Statutes, and other applicable provisions of law.
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. 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 to
the Seminole County Tax Collector prior to September 15, 2006, 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 5. ASSESSMENT LIENS. Special assessments imposed within the
assessment areas listed on the rolls described in Section 4 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 as otherwise
provided by law, such lien shall be superior in dignity to all other liens, titles and claims,
until the ad valorem tax bill for such year is otherwise paid in full pursuant to the
Uniform Assessment Collection Act. 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 1, 2006, the lien date for ad valorem taxes.
SECTION 6. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. All
prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause,
phrase, word, or portion of this Resolution is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portion hereto.
SECTION 8. EFFECTIVE DATE. This Resolution shall become effective
immediately upon adoption by the City Commission of the City of Winter Springs,
Florida.
RESOLVED BY the City Commission of the City of Winter Springs, Florida, in
a regular meeting assembled this 28th day of August, 2006.
City of Winter Springs
Resolution Number 2006-44
Page 2 of 3
(SEAL)
ATTEST:
By:
Andrea Lorenzo-Luaces, City Clerk
Approved As To Legal Form
And Sufficiency For The City
Of Winter Springs Only:
By:
Anthony A. Garganese, City Attorney
CITY OF
FLORIDA
WINTER
By:
John F. Bush, Mayor
SPRINGS,
City of Winter Springs
Resolution Number 2006-44
Page 3 of3
Oak Forest Wall
FY 2006-2007 Annual Assessment
Oak Forest Wall
FY 2006-2007 Annual Assessment
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, 2006.
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 _ day of , 2006.
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
Winter Springs - Oak Forest Wall
Fiscal Year 2006-2007 Assessment Summary
Improvement Assessment
Total ERU's ................................................................................ 847.25
Parcel Count ........................................... .......... .................. ........... 820
Total Annual Assessment ................................................ $60,154.75
Total Debt Service ............................................................. $54,445.11
Total Outstanding Assessment Balance ........................ $543,349.36
Total Next Oustanding Assessment Balance ................ $511,213.72
Maintenance Assessment
Total ERU's ..................... ...... ......... ............................... ............. 966.20
Parcel Count ......... ..... ...................... ............. ........................... ...... 935
Total Maintenance Assessment .......................................... $39,440.24
Government Services Group, Inc
Page 1 of 1
CITY OF WINTER SPRINGS
FISCAL YEAR 2006-2007 TENTATIVE BUDGET
OAK FOREST MAINTENANCE FUND -191
Annual Maintenance Assessment - $40.82 per ERU (legal maximum=$40.82 per ERU)
FUND BALANCE - October 1
$14,255 $15,047
$21,653
Account FY 04/05
Number Description of Revenues Actual
363120 Assessment Collections $38,604 $38,600 $38,600
361100 Interest $1,040 $300 $300
TOTAL OAK FOREST MAl NT. FUND REVENUES $39,644 $38,900 $38,900
389100 Appropriation from Fund Balance $0 $0 $536
TOTAL OAK FOREST MAl NT. FUND REVENUES
AND APPROPRIATIONS FROM FUND BALANCE $39,644 $38,900 $39,436
Original
Account FY 04/05 FY 05/06
Number Description of Expenditures Actual Bud et
53211 Administration Fees $6,200 $6,200 $6,750 $6,750
53410 Billing Services Cost $188 $851 $851 $190
53680 Unrecognized Gain/Loss $69 $0 $0 $0
54210 Postage $0 $100 $100 $0
54310 Utility Services $929 $3,000 $3,000 $1,500
54682 Repairs & Maint - Grounds $16,121 $14,500 $14,500 $14,500
54695 Repairs & Maint - SignlWalls $3,117 $2,500 $2,500 $2,500
55230 Clerk Supplies $0 $50 $50 $0
59130 Transfer to General Fund - Insurance $1,022 $1,500 $1,500 $1,108
59130 Transfer to General Fund - Clerk Fees * $1,900 $1,900 $1,900 $1,900
59130 Transfer to Gen Fund - Beautification Coord. $2,700 $6,400 $6,400 $6,400
59310 Statutory Reserve $0 $1,885 $1,885 $0
TOTAL OAK FOREST MAl NT. FUND EXPENDITURES $32,246 $38,886 $39,436
59990 Appropriation to Fund Balance $7,398 $14 $0
TOTAL OAK FOREST MAINT. FUND EXPENDITURES
AND APPROPRIATIONS TO FUND BALANCE $39,644 $38,900 $39,436
CHANGE IN FUND BALANCE
APPROPRIATION TO (FROM) FUND BALANCE
$7,398
$14
FUND BALANCE. September 30
$21,653 $15,061
$21,117
*=clerk time 4 hours 2 times a month at $20/hr incl benefits
C-30
CITY OF WINTER SPRINGS
FISCAL YEAR 2006-2007 TENTATIVE BUDGET
OAK FOREST DEBT SERVICE FUND - 192
Annual Capital Assessment - $71.00 per ERU (legal maximum=$71.00 per ERU)
Original Projected
Account FY 04/05 FY 05/06 FY 05/06
Number Descriotion of Revenues Actual Bud et Actual/Est
363110 Assessment Collections $58.783 $58,000 $58,000
361100 Interest $473 $300 $300
TOTAL OAK FOREST DEBT SERVICE FUND REVENUES $59,256 $58,300 $58,300
389100 Appropriation from Fund Balance $35,333 $305 $855
TOTAL OAK FOREST DEBT SERVICE FUND REVENUES
AND APPROPRIATIONS FROM FUND BALANCE $94,589 $58,605 $59,155
Original Projected
Account FY 04/05 FY 05/06 FY 05/06
Number Descriotion of Exoenditures Actual Bud et Actual/Est
53211 Administration Fees $6,200 $6,200 $6,750
53410 Contractual Services $285 $400 $400
53680 Unrecognized Gain/Loss $30 $0 $0
57110 Debt Service - Principal $66,453 $30,825 $30,825
57210 Debt Service - Interest $21,621 $21,180 $21,180
TOTAL OAK FOREST DEBT SERVICE EXPENDITURES $94,589 $58,605 $59,155
59990 Appropriation to Fund Balance $0 $0 $0
TOTAL OAK FOREST DEBT SERVICE EXPENDITURES
AND APPROPRIATIONS TO FUND BALANCE $94,589 $58,605 $59,155
CHANGE IN FUND BALANCE
FUND BALANCE - October 1 $38,168 $1,794 $2,835
APPROPRIATION TO (FROM) FUND BALANCE
FUND BALANCE - September 30 $1,489 $1,980
C-31
CITY OF WINTER SPRINGS
FISCAL YEAR 2006-2007 TENTATIVE BUDGET
OAK FOREST CAPITAL FUND - 309
Original
Account FY 04/05 FY 05/06
Number Description of Expenditures Actual Bud et
53680 Unrecognized Gain/Loss $209 $0 $0
65000 30052 Construction in Progress $64,732 $0 $41,033
TOTAL OAK FOREST CAPITAL FUND EXPENDITURES $64,941 $0 $41,033
59990 Appropriation to Fund Balance $0 $0 $0
TOTAL OAK FOREST CAPITAL FUND EXPENDITURES AND
APPROPRIATIONS TO FUND BALANCE $64,941 $0 $41,033
CHANGE IN FUND BALANCE
FUND BALANCE - October 1 $105,664 $1,499 $43,805
APPROPRIATION TO (FROM) FUND BALANCE
FUND BALANCE. September 30 $43,805 $1 ,499
Original
Account FY 04/05 FY 05/06
Number Description of Revenues Actual Bud et
361100 Interest $3,082 $0 $0
TOTAL OAK FOREST CAPITAL FUND REVENUES $3,082 $0 $0
389100 Appropriation from Fund Balance $61,859 $0 $41,033
TOTAL OAK FOREST CAPITAL FUND REVENUES
AND APPROPRIATIONS FROM FUND BALANCE $64,941 $0 $41,033
C-32
,
CITY OF WINTER SPRINGS, FLORIDA
RESOLUTION NUMBER 2006-44
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
APPROVING ASSESSMENT ROLLS FOR VARIOUS
ASSESSMENT AREAS ESTABLISHED PURSUANT
TO ORDINANCE NO. 98-704; ESTABLISHING THE
LIEN ASSOCIATED THEREWITH; DIRECTING
THAT THE ASSESSMENT ROLLS BE CERTIFIED
TO THE SEMINOLE COUNTY TAX COLLECTOR;
AND PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY
AND 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 created and imposed
special assessments within the Oak Forest Assessment Area on May 10,2000; 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 Commission deems that this Resolution is in the best interests of
the public health, safety and welfare of the citizens of the City of Winter Springs, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS
FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are deemed true and correct
and are hereby fully incorporated by this reference.
SECTION 2. AUTHORITY. This Resolution is adopted pursuant to the
Ordinance, Chapter 166, Florida Statutes, and other applicable provisions of law.
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. 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 to
the Seminole County Tax Collector prior to September 15, 2006, 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 5. ASSESSMENT LIENS. Special assessments imposed within the
assessment areas listed on the rolls described in Section 4 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 as otherwise
provided by law, such lien shall be superior in dignity to all other liens, titles and claims,
until the ad valorem tax bill for such year is otherwise paid in full pursuant to the
Uniform Assessment Collection Act. 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 1,2006, the lien date for ad valorem taxes.
SECTION 6. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. All
prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause,
phrase, word, or portion of this Resolution is for any reason held invalid or
unconstitutional by any court of competent jurisqiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portion hereto.
SECTION 8. EFFECTIVE DATE. This Resolution shall become effective
immediately upon adoption by the City Commission of the City of Winter Springs,
Florida.
City of Winter Springs, Florida
Resolution Number 2006-45
Page 2 of3
RESOLVED BY the City Commission of the City of Winter Springs, Florida, in
a regular meeting assembled this 28th day of August, 2006.
CITY OF WINTER SPRINGS, FLORIDA
(SEAL)
By:~rM
Jo . Bush, 11ayor
ATTEST'
App oved As To Legal Form
And Sufficie cy For The City
Of Winte p. ings Only:
By.
Anthony A. Garganese, City Attorney
City of Winter Springs, Florida
Resolution Number 2006-45
Page 3 of3
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, 2006.
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 28th day of AUQust, 2006.
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
By:
INTER SPRtNGS. FLORIDA
7:..~/~ .