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Home My WebLink About2005 11 14 Public Hearing 401 COMMISSION AGENDA ITEM 401 CONSENT INFORMA TIONAL PUBLIC HEARING X REGULAR November 14, 2005 Meeting MGR /DEPT~ Authorization REQUEST: The City Manager Is Requesting The City Commission Hold a Public Hearing on The Adoption of Resolution 2005-43, "The Final Improvement Assessment Resolution And Maintenance Assessment Resolution For The Tuscawilla (Phase II) Assessment Area." PURPOSE: The purpose of this request is for the City Commission to determine if it is in the best interest of the public to approve the Final Assessment Resolution, Number 2005-43, implementing the Phase II Capital Improvements in the Tuscawilla (Phase II) Assessment Area, establishing the Phase II Capital Improvement and Maintenance maximum rate components for the Assessment Area and approving the Capital Improvements and Maintenance Assessment Rolls. CONSIDERATIONS: . On October 10, 2005, the City Commission adopted Resolution 2005-40, "The Initial Improvement Assessment Resolution And Maintenance Assessment Resolution For The Tuscawilla (Phase II) Assessment Area," providing for a public hearing on November 14, 2005 and directing the City Clerk to publish notice and provide mailed notice of such public hearing pursuant to Florida Law and Ordinance No. 98-704. . On October 25, 2005, all residents of the Tuscawilla (Phase II) Assessment Area were sent public hearing notifications via US mail stating the following rates based on one (1) Equivalent Residential Unit (ERU): A) Maximum Annual Capital Improvement Assessment Rate of $17.00 for a maximum of 30 years. Initial Prepayment Amount (if prepaid prior to City financing) of $126.72. Adjusted Prepayment Amount (if prepaid after City financing) of $154.66. Public Hearing Agenda Item 401 November 14,2005 Page 2 of2 B) Maximum Annual Maintenance Assessment Rate of$48.00. The actual rates, both capital improvement and maintenance, for Fiscal Year 2007 will be set during the annual budget process and the tax rolls will be certified and submitted to the Seminole County Tax Collector by September 15, 2006. The assessments would be billed beginning on November 1, 2006. . After holding the public hearing on November 14,2005, the City Commission will decide if it is in the best interest of the public to adopt the final resolution that implements the Capital and Maintenance Assessments for the Phase II Capital Improvement Project, which will include upgraded streetlights and decorative street signage along roughly 12 miles of roads, including Northern Way, Seneca Boulevard, Vistawilla Drive, Trotwood Boulevard, Tuscora Drive, Greenbrier Lane, Howell Creek Drive, Deer Run, Dyson Drive and Shetland A venue, but excluding Winter Springs Boulevard. FUNDING: None required RECOMMENDATION: Staff recommends the City Commission adopt Resolution 2005-43, "The Final Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area," setting the maximum Capital Improvement Assessment Rate at $17.00 and the maximum Maintenance Assessment Rate at $48.00 for the Tuscawilla Phase II Improvement Project, adopting the Capital Improvement and Maintenance Assessment rolls, and approving the advertised prepayment rates. A TT ACHMENTS: 1. Resolution 2005-43 COMMISSION ACTION: CITY OF WINTER SPRINGS, FLORIDA FINAL IMPROVEMENT ASSESSMENT RESOLUTION AND MAINTENANCE ASSESSMENT RESOLUTION FOR THE TUSCA WILLA (pHASE II) ASSESSMENT AREA ADOPTED NOVEMBER 14, 2005 RESOLUTION NO. 2005-43 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA RELATING TO THE CONSTRUCTION AND FUNDING OF THE TUSCA WILLA (PHASE II) IMPROVEMENT PROJECT; CREATING THE TUSCA WILLA (PHASE II) ASSESSMENT AREA; IMPOSING SPECIAL ASSESSMENTS AND ESTABLISHING THE MAXIMUM ANNUAL AMOUNT FOR EACH TAX PARCEL; APPROVING THE IMPROVEMENT ASSESSMENT ROLL AND MAINTENANCE ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE ASSESSMENTS; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida (the "City Commission") enacted Ordinance No. 98-704 on July 27, 1998 (the "Ordinance") to provide for the imposition of special assessments to fund (1) the construction of Local Improvements to benefit property located in proposed special assessment areas and (2) the cost of maintaining such Local Improvements; and WHEREAS, on October 10, 2005, the City Commission adopted Resolution No. 2005-40 (the "Initial Assessment Resolution"), proposing the creation of the Tuscawilla (Phase II) Assessment Area and describing the method of assessing the capital and maintenance cost of the Tuscawilla (Phase II) Improvement Project (as defined therein) against the real property that will be specially benefited thereby, and directing preparation of the tentative Improvement Assessment Roll, Maintenance Assessment Roll and provision of the notices required by the Ordinance; and WHEREAS, pursuant to the provisions of the Ordinance, the City Commission is required to confirm or repeal the Initial Assessment Resolution, with such amendments as the City Commission deems appropriate, after hearing comments and receiving objections of all interested parties; and WHEREAS, the Improvement Assessment Roll and the Maintenance Assessment Roll (collectively, the "Assessment Rolls") have heretofore been filed with the City Clerk, as required by the Ordinance; and WHEREAS, as required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices Band C respectively; and WHEREAS, a public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance; and City of Winter Springs "Final Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted November 14,2005 Resolution Number 2005-43 Page 2 of9 WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of the City of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the Ordinance, Chapter 166, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This Resolution is the Final Resolution as defined in the Initial Assessment Resolution. All capitalized terms in this Final Resolution shall have the meanings defined in the Ordinance and the Initial Assessment Resolution. SECTION 3. CREATION OF THE ASSESSMENT AREA. The Tuscawilla (Phase II) Assessment Area is hereby created to include the property described in Appendix A hereto. The Tuscawilla (Phase II) Assessment Area is created for the purpose of enhancing the aesthetic beauty and safety of property located therein by funding the Tuscawilla (Phase II) Improvement Project. City of Winter Springs "Final Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted November 14,2005 Resolution Number 2005-43 Page 3 of9 SECTION 4. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The Initial Assessment Resolution is hereby ratified and confirmed. SECTION 5. APPROVAL OF IMPROVEMENT ASSESSMENT ROLL AND MAINTENANCE ASSESSMENT ROLL. The Improvement Assessment Roll and Maintenance Assessment Roll, which are currently on file with the City Clerk and incorporated herein by reference, are hereby approved. SECTION 6. IMPROVEMENT AND MAINTENANCE ASSESSMENTS. (A) The Tax Parcels described in the Improvement Assessment Roll are hereby found to be specially benefited by construction of the Tuscawilla (Phase II) Improvement Project in the amount of the maximum annual Improvement Assessment set forth in the Improvement Assessment Roll. The methodology for computing annual Improvement Assessments described in the Initial Assessment Resolution is hereby approved. Annual Improvement Assessments computed in the manner described in the Initial Assessment Resolution are hereby levied and imposed on all Tax Parcels described in the Improvement Assessment Roll. Tax Parcels located in the Tuscawilla (Phase II) Assessment Area shall have a maximum annual Improvement Assessment rate of $17.00 City of Winter Springs "Final improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted November 14,2005 Resolution Number 2005-43 Page 4 of9 per Equivalent Residential Unit for a period of thirty (30) years, commencing with the tax bill mailed in November, 2006. (B) The Tax Parcels described in the Maintenance Assessment Roll are hereby found to be specially benefited by the maintenance of the Tuscawilla (Phase II) Improvement Project in the amount of the maximum annual Maintenance Assessment set forth in the Maintenance Assessment Roll. The methodology for computing annual Maintenance Assessments described in the Initial Assessment Resolution is hereby approved. Annual Maintenance Assessments computed in the manner described in the Initial Assessment Resolution are hereby levied and imposed on all Tax Parcels described in the Maintenance Assessment Roll. Tax Parcels located in the Tuscawilla (Phase II) Assessment Area shall have a maximum annual Maintenance Assessment rate of $48.00 per Equivalent Residential Unit, commencing with the tax bill mailed in November, 2006. (C) Upon adoption of this Resolution and the Annual Assessment Resolution for each subsequent Fiscal Year: (1) The annual Assessments 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 City of Winter Springs "Final Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted November 14,2005 Resolution Number 2005-43 Page 5 of9 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 by the City Commission of the Annual Assessment Resolution and shall attach to property included on the Improvement Assessment Roll and Maintenance Assessment Roll as of the prior January 1, the lien date for ad- valorem taxes. (2) As to any Tax Parcel that is acquired by a public entity through condemnation, negotiated sale or otherwise prior to adoption of the next Annual Assessment Resolution, the Adjusted Prepayment Amount 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 paid. The lien shall be deemed perfected upon adoption by the City Commission of the Annual Assessment Resolution and shall attach to the property included on the Improvement Assessment Roll and Maintenance Assessment Roll upon adoption of the Annual Assessment Resolution. City of Winter Springs "Final Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted November 14,2005 Resolution Number 2005-43 Page 60f9 SECTION 7. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act. Upon adoption of the Annual Assessment Resolution for each Fiscal Year, the City Clerk shall cause the certification and delivery of the Assessment Rolls to the Tax Collector by September 15, in the manner prescribed by the Uniform Assessment Collection Act. SECTION 8. EFFECT OF FINAL RESOLUTION. The adoption of this Final Resolution shall be the final adjudication of the issues presented herein and in the Initial Assessment Resolution (including, but not limited to, the method by which the Assessments will be computed, the Improvement Assessment Roll and Maintenance Assessment Roll, the maximum annual Improvement Assessment, the maximum annual Maintenance Assessment, the levy and lien of the Assessments and the terms for prepayment of the Improvement Assessments) unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action on this Final Resolution. SECTION 9. PREPAYMENT NOTICE. The City Clerk is hereby directed to provide notice by first class mail to the owner of each Tax Parcel described in the Improvement Assessment Roll of the opportunity to prepay all future annual Improvement Assessments, without additional financing cost. The notice, in City of Winter Springs "Final Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted November 14,2005 Resolution Number 2005-43 Page 7 of9 substantially the form attached as Appendix D, shall be mailed to each property owner at the address utilized for the notice provided pursuant to Section 2.03 of the Initial Assessment Resolution. SECTION 10. ASSESSMENT NOTICE. The City Clerk is hereby directed to record this Resolution as notice of the Assessments in the Official Records Book in the office of the Seminole County Clerk of Courts. The preliminary Improvement Assessment Roll, the Maintenance Assessment Roll, and each annual Assessment Roll shall be retained by the City Clerk and shall be available for public inspection. SECTION 11. 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 12. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION 13. EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption. City of Winter Springs "Final Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted November 14,2005 Resolution Number 2005-43 Page 8 of9 PASSED AND DULY ADOPTED by the City Commission of the City of Winter Springs, Florida, this 14th day of November, 2005. CITY COMMISSION OF WINTER SPRINGS, FLORIDA (SEAL) By: John F. Bush, Mayor ATTEST: By: Andrea Lorenzo-Luaces, City Clerk APPROVED AS TO FORM BY THE WINTER SPRINGS CITY ATTORNEY By: Anthony A. Garganese, City Attorney City of Winter Springs "Final Improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscawilla (Phase II) Assessment Area" Adopted November 14, 2005 Resolution Number 2005-43 Page 9 of9 APPENDIX A DESCRIPTION OF TUSCA WILLA (PHASE II) ASSESSMENT AREA The Tuscawilla (Phase II) Assessment 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 (Phase II) Assessment Area Legal Description by reference to plat book and pages, and attachment "B" entitled Tuscawilla (Phase II) Assessment Area Boundary Map. A-I ATTACHMENT "A" TUSCA WILLA (pHASE II) ASSESSMENT 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 1 41 42-45 48 36-40 37 53-54 50 3-9 40 98-100 No Plat Book and Page for Tuscanv 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 98-1 02 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 (ReDial) 41 24 A-2 ATTACHMENT "B" TUSCA WILLA (pHASE II) ASSESSMENT AREA BOUNDARY MAP .. .. .. ~~ .... -- .. _c> c., _.-".... e",., ...-.:. fi.,t ..........0. C4 -... -.. 1 =~ =: ~,. -~_... :::..._~...'...-:...('< c.,u _....~. ~. 2 [:;: ~~ ~_r.. .. ~a ~~ e_." '-- ,,-,-c. .~- ~-- --. ....... ,-- ~ c__t, .3 :::::::: -. ...-~ <---'*' ~c-~ c...;. r::-;-c. .: .....-.. 0.,' =:" ~. ... .. .. il ::tr~ ~:-- 4 .-- ,....-.. _.._('0 ._c.....u ....-.. A ::::t!' -. ==:. == ~ $f;; ~; =~: -- -' .. .. ., '" :.: =~ u ~? g ..-.. -. -- ..... ,. .. ,. N .. "'. _.1/1I (.1' lO._t-_ .. ........ ::: ::::.. u. _u ... _r>> ... -" t., _tl ~ ::::...-~ .. E ~ a.... ~~ g~ f' ='~ ~. .. t --- _D :: ___ (c,) __:>o,w Cot .._....c..w,c., t~ =: :-~ if :2!L.. H how,'" C~ _'" '4 .. .. ---.. r-4" -. __0 .. -.......to .J ....__~t.... E -. H -- ==: .u -~. t:, .~ -*- s!. .. --- u; :t' -. =:: :: ~ A-3 APPENDIX B PROOF OF PUBLICATION Orlando Sentinel ,..-- Published Doily ~tntc of jflorilm } S.S. COUNTY OF ORANGE DEBORAH M.TONEY Belore the undersigned authority personally appeared ____~ _ __ , who on oath says that he/she is the Legal Advertlslna Representative of Orlando Sentinel. a dally newseaJ?er published at DR! ANnn , , , ' , in DRAll,,,,E County, Florida; that the attached copy of advertisement, being a --.NOT I CE nF HEAR I hl(:;. in tho mattor of NO\} j 4 _.____,___ ~'COUr1, Issue; Affiant further says that the said Orlando Sentinel is a newspaper published at ,in said County, Florida, and that the said newspaper has heret?fore been continuously puoHshed in said DRAt-HiE: County, Florida, each Week Day and has been entered as second. class mail matter at the post office in OR! At~IW in gald nRt~NGE ,County, florida, for a periOd of one year next preceding the first publication of the attached cupy 01 edvertiserntlllt; aM affiant lurlhtlr says Ihat heh,htl htls neither paid nor promised any person, firm or corporation any discount rebate, commission or refund lor the purpose curing this adverlis lent lor publication in the said newspaper, (SEAL) ...........................uu* .~......... GEVERL Y C. SiMMONS I.: Cuf",mit 0t>03&11:)1 E'j)I{" 311012009 ~ BO<YJ<:d d'N (llOO}\32"'~: u F'Qf"'~ ,...rnl"!~~~.t'\.:.~j NOTItt or HEAAlNG TO II.lPOSf Altll PlIOWOf rea COLUCTlllN Of NOIt-All VAlOREM lSSiSSMUm N()lkf 1$ !\erell, given tho1lhe CII, Cllmml!$l!lrl of Wlnier: "S"rU....., FIo1IIkl, ...111 ",,,,dud u ...!llk 1..,1l"" ,Ill UXl.ld", q~lion of lhi T U$(Ilw1l1a (PhoSl! III ASse'!$menl Area, In' $!\Own oi:<:l'.'11, and 10 IIl\PO$t non>od voWem Mlt'Umtnlt ~Inil (('rtoln nr_rlY Iocaled lherein and calltctlll1l1ht' am,smenll otIlM ad valortm 10. bill. The Marill1l wl!l be ~m:ttd bV 11'.- Cilv Cornmhsk>n 01 .:30 P J/", or 0$ soon tMrellll~ o. the matter can be heard, an November 1~ 2005,'ln iN! CI1V Comml..lon Chamber. 01 Clt, HoillOColtd at m. EOlt Slole Road 434. Winter SI>l'I~ Florid<!, In t'Jl:\ cl'nlonce wllh lhe AmerknllS with Dlsebllllit, A<;1, persons ~ln9 a sPGCial octoolmOdOlloll or 9lllnl<!(prelM 10 par, licllXll< In thIs prOCti!dln9 sholild omlocl tbe CllY (,Jerk's Cffka or (~1) m.ll1OO 01100.1 ~ htM'S Prlllf m 1m dole of lhe hecrlng, All offected properly owners hove a rliM 10 apPWf ' 1m tM penon wilh rU~(II~ eny _Her (rAlsldtred wlllllted 0 r<<ord ood ~v wls~ 10 f!(l$ure IhIlt 0 vtrbet!m fWlrC is mode, The aSSlI\~manl\ have maintenance COJIs lor ooge and streetlights street loffil>l>Osh cnd $lgli0ge 010!\<; tho tOllKlor roods wllhln the Tuu:owHio (phose III AssenI'Mor Arto. Tho protectltl remo''11 ej(l~lInl1 "rtltl sl9naga ond Ilmtllghls and Install new decoratlvt slreellomp~n ond sls~ fs relmed tooslhe TU$cawilla (Phose II) lmaravemenl Prl> led. TM oslelSlJ'ltnl for each IXlrcel of PrOl>trlY wllhln It.e T()scawllla (P~ III Asseument Mee wiH be lxmd UP<lI\ lilt Il1J!l1OOr of ntsldenllal dwell1119 unl!$ w paml of proo- .dy' "lou>Ut<<l In Ewiwl.nl Re~ldenHal UnItt 'EIlU~' Trot onl9nrneOl of EIlI,I'$ is based on the level 01 benelit eo9llol ~ivi'S from Qt$iMllc beouty ond enho~ sol.. tv n~ a resulf ollhe,Tuscowlllo (Pho", Illlmfl(ovemenl Projtttl., A mere ' llaIAs$l!~1 Cllv Commlnl .l\sse!sment RUOfulian,ltIe Plans _ 1peci)1coli~ It>>' thf Pr*cl. ornl Ihep;ellmlnory OsstS,mejlt rclll are .1l'I\l1loblt lor )nlpWioll tllhe office of lIIe Clly Clerlt, 10000edctl126 Eall SIal. Road m. Wlnt., SarINl~. FI<<id<! nm.',., AMUllI Wl'llal OSSC1\me!'1ls, lor UP 10 30 yeo($, and moinle- ilance assessments, tor 1M tile 01 the profect. 10 lund loe NO\'tmber~, FolIUM to pay 1M c!l.."tm~f1 will Cll'.'U 0 to>; rortWotalt to be Issued a~in$l 1M properlY whidl may fWllt In a len 0/ tttill. Fut\if~ IlI1nuol wllltol a$S<lismen!t may ~ PffP914;1 1M 9Pl1m9! lht Pf9MrlrQW!lt(, Hmv. erj fvMe arouoll'lKllnleronce C$1~ts mey rol be prt> Reid. IHou Mve an, Que.lioo;, .I~ (oolOCl St.....) RIctw'I, Urban lleoutlfl~llon Servlcu DIvision Mana~r 01 {.431l 321.1SOOextel\slon 31S. WiNTER SPRINGS, FLORIDA CQIlM}91~ 1~ ""..-.... "., 0':' APPENDIX C AFFIDAVIT OF MAILING STATE OF FLORIDA COUNTY OF LEON BEFORE ME, the undersigned authority, personally appeared Matt Matherne, who, after being duly sworn, deposes and say: I, Matt Matherne, have been designated by the City Manager of Winter Springs, Florida, to mail the notices required by Section 2.03 of Resolution No. 2005-40, adopted by the City Commission of Winter Springs, Florida on October 10, 2005 (the "Initial Assessment Resolution"). On or before October 25, 2005, I mailed or directed the mailing of, a notice in accordance with Section 2.03 of the Initial Assessment Resolution by first class mail, to each owner of property within the Tuscawilla (Phase II) Assessment Area in conformance with the requirements of Ordinance No. 98-704, enacted by the City Commission of Winter Springs, Florida, at the address shown on the real property assessment tax roll maintained by the Seminole County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. FURTHER AFFIANTS SA YETH NOT. ~j STATE OF FLORIDA COUNTY OF LEON ~h~nref?:nin~trument was acknowledged before me by Matt Matherne, who is _perso lly known to m or who has produced as identification and did (did not) take'an oath. WITNESS, my hand and official seal this~ay of}UOJ~~.D., 2005. Name of acknowledger (printed) C-I - - - -- · 'm"::;~'''''''' SANDRA G. MElGAREJO . i~~ \ Notary PublIc . Stale of Florida ,0 o~Elq:lNIfbfl4,2OOl ~ ~ ~i Commlulon # 00041569 ~ ,ffr.~,,- BondedBvNalonalNolaryMn. ~ - My commission expires: APPENDIX D FORM OF PREPAYMENT NOTICE CITY OF WINTER SPRINGS, FLORIDA [Insert Date] [Property Owner Name] [Street Address] [City, State and Zip] RE: Parcel LD. Number [Insert Number] Tuscawilla (Phase II) Assessment Area Dear Property Owner: On November 14, 2005, the City Commission of Winter Springs, Florida created the Tuscawilla (Phase II) Assessment Area and imposed special assessments against property within the Tuscawilla (Phase II) Assessment Area to (1) fund the Tuscawilla (Phase II) Improvement Project which provides for the removal of existing street signage and street lights and the installation of new, decorative street signage and lampposts along the collector roads in your area and (2) fund the related maintenance costs associated with the Tuscawilla (Phase II) Improvement Project. Annual capital assessments will be payable for a period of thirty (30) years. Both the capital assessment and the maintenance assessment will be placed on the tax bill commencing with the tax bill mailed in November, 2006. As described in our previous letter, the assessment for each parcel of property within the Tuscawilla (Phase II) Assessment Area will be based on the number of residential dwelling units per parcel of property measured in Equivalent Residential Dwelling Units "ERUs." The assignment of ERUs is based on the level of benefit each lot receives from aesthetic beauty and enhanced safety as a result of the Tuscawilla (Phase II) Improvement Project. You may choose to prepay the capital portion of your assessment, without financing cost, at any time prior to , 2006. The table below shows the number of ERUs attributable to your property and the amount necessary to prepay the capital portion of your assessment. D-l --------------------------------------------------------------- --------------------------------------------------------------- Number of ERUs for your property: Prepayment Amount: _ ERUs at $ = $ --------------------------------------------------------------- --------------------------------------------------------------- If you choose to prepay, please deliver your check payable to the City of Winter Springs to 1126 East State Road 434, Winter Springs, Florida 32708 on or prior to . If you do not choose to prepay, the first annual capital assessment, along with your annual maintenance assessment, will appear on the ad valorem tax bill mailed to you in November, 2006. The assessment may be prepaid following ,2006; however, the prepayment amount will be increased to cover the City's financing cost. If you have any questions, please contact Steven Richart, Urban Beautification Services Manager, at (407) 327-1800, extension 315. WINTER SPRINGS, FLORIDA D-2