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HomeMy WebLinkAbout2004 09 20 Regular 507 COMMISSION AGENDA ITEM 507 CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X ::z:;J September;a,2004 Meeting MGR~/DEPT @ Authorization REQUEST: The Finance Department is requesting the City Commission consider the Adoption of Resolution 2004-42, relating to the Oak Forest Wall and Beautification Assessment Area. PURPOSE: The purpose of this request is for the City Commission to adopt Resolution 2004-42, relating to the Oak Forest Assessment Area. This Resolution (1) Amends Resolution No. 2000-06, by adding flexibility in the application of improvement assessment proceeds; (2) Amends Resolution No. 2000-10, by increasing the maximum annual maintenance assessment (depending on the Commission's action tonight); (3) Approves the Assessment Roll for the Oak Forest Wall and Beautification District for Fiscal Year 2004/2005; (4) Establishes the lien associated with the Assessment Area; and (5) Directs that the Assessment Roll be Certified to the Seminole County Tax Collector. CONSIDERATIONS: . The City sent a notice of a public hearing scheduled for August 9, 2004 to each property owner via U.S. mail on July 20, 2004, as well as, published a notice of public hearing in the Sunday, July 18, 2004, Orlando Sentinel, pursuant to Ordinance No. 98-704, in order to increase the Maintenance Assessment above the maximum amount established by the City's previous notice to owners sent out on April 19, 2000. The increase in the assessment, from a maximum of $24.00 per Benefit Unit to a maximum of $40.82 per Benefit Unit, is needed for maintenance of new landscaping and irrigation along the Oak Forest Subdivision Wall. The assessment rolls by parcel number and alphabetically by property owner proposed at the August 9, 2004 Public Hearing were available in the lobby and the City Clerk's office for that meeting. . On August 9, 2004, the Public Hearing was held to discuss Resolution No. 2004-30 (see attached copy of the agenda item). Residents from the Oak Forest subdivision attended the Public Hearing and voiced their concerns associated with the additional landscaping as well as the increased maintenarlce assessment. After hearing the comments from the Public and the President of the Oak Forest Wall and Beautification District Advisory Committee, the City Commission instructed City Staff to send out a non-binding "straw" ballot (see copy attached) to all the home owners of record within the Oak Forest subdivision to compile feedback regarding their acceptance or rejection of the proposed improvements and increased maintenance assessment. These Ballots were due no later than September 8, 2004 to the City Clerk's Office located at City Hall. Regular Agenda Item 507 September 13,2004 Page 2 of 4 . The Ballot contained one item to vote on: "Relative to the proposed improvements to the Oak Forest Wall and Beautification District it is my wish that the City Commission Accept/Reject the proposed improvements and related increase in maintenance assessments to maintain these improvements:" The total ballots certified by the City Clerk (see attached) were as follows: 192 Approving 233 Rejecting 9 Incomplete 15 Returned to sender Regarding the Oak Forest Assessment District Budget for FY 05 the Commission is faced with two different but related issues: increasing assessments to pay for existing levels of maintenance and proposed new improvements. 1. Fundin2 of Existin2 Service Levels As shown below an increase in assessments from $24.00 to $32.00, or preferably $34.00 per benefit unit is required to maintain current service levels and to maintain fund balances in accordance with City policy. An estimated $31,815 in expenditures is required to fund existing service levels in FY 05. As shown below in the first column, maintaining the current $24 assessment rate and maintaining current service levels would reduce fund balance below the fund balance policy. An increase in assessments from $24.00 to $32.00 per benefit unit would fund current service levels in FY 05, and provide three years of rate stabilization while maintaining our fund balance policy. An increase from $24.00 to $34.00 would eliminate the use of fund balance for funding recurring maintenance cost in FY 05, and provide 5-years of rate stabilization in future years while maintaining our fund balance policy. $24.00 $32.00 $34.00 FY05 FY05 JFY 05 Bud2et Bud2et Bud2et Revenue $22,460 $30,340 $31,815 Expense $31.815 $31.815 $31.815 Surplus (Deficit) ($9,355) ($1,475) ( -0- ) Beginning Year Fund Balance $15,052 $15,052 $15,052 Ending Year Fund Balance $ 5,697 $ 13,577 $15,052 25% Fund Balance Policy $7,954 $7,954 $7,954 As shown below there are three reasons for the increase in assessment rates to fund existing levels of maintenance in the FY 05 budget as follows: Since the establishment of the fund, costs have increased as improvements have been added, such as the median in Winter Springs Boulevard. Additionally, contract maintenance costs have increased. Finally, the City has added costs that were not included in the initial year budget, such Regular Agenda Item 507 September 13,2004 Page 3 of 4 as irrigation cost, plant replacement cost, insurance cost, clerk fees, and required statutory reserves. All of these additional costs are intended to make the fund pay all of its cost. FY02 FY03 FY04 FY05 Expenses Budget Budget Budget Budget $ $ $ $ Admin Fee 7,615 6,250 5,500 5,500 Billing Service 7 150 150 851 Bank Services 117 -0- -0- -0- Postage -0- -0- 300 150 Utility Services -0- 1,000 2,000 2,900 Repair/Maint -Grounds 7?075 9,000 9,500 9,500 Clerk Supplies, -0- -0- 50 50 Repair/Maint Signs-Walls -0- 5,500 6,000 5,000 Small Tools/Equipment 850 -0- -0- -0- Insurance -0- -0- -0- 1,379 Clerk Fees -0- -0- 1,900 1,900 Beautification Coordinator -0- -0- 2,700 . 2,700 Statutory Reserves -0- 1,100 900 1,885 TOTAL $15,664 $23,000 $29,000 $31,815 2. Funding New Improvements As stated above, the non-binding vote in Oak Forest did not demonstrate a majority of the residents expressing support for the proposed new improvements. Unfortunately, the majority of property owners did not respond at all, leaving to interpretation the meaning of those who did respond. This option would require an increase in benefit units from $22.00 per unit to $40.83 per benefit unit. OPTIONS: In the summary the Commission has four options as follows: 1) Keep the maintenance assessment at $24.00 per Benefit Unit and reduce services levels within the revenue produced by the $24.00 per Benefit Unit of $22,460. This would result in certain noticeable deterioration of the asset. 2) Keep the maintenance assessment at $24.00 per Benefit Unit and maintain the current level of services. Maintaining the current service levels will cost $31,815. The $24.00 per Benefit Unit will produce only $22,460 in revenue resulting in a $9,355 reduction in the current $15,052 Fund Balance and leaving only $5,697 in Fund Balance at the end of Fiscal Year 2004-2005. Our Fund Balance Policy requires a minimum fund balance of $7,954. Additionally, a continuation of the $24.00 per Benefit Unit rate in Fiscal Year 2005-2006 would deplete the fund balance and result in an unlawful deficit in the fund. 3) Increase the maintenance assessment from $24.00 to $32.00 per Benefit Unit and maintain current service levels. This would result in a $1,475 reduction in the fund balance and three years of rate stabilization before fund balance would go below the 25% minimum fund balance policy. Relgu1l,lf Agenda Item 507 September 13,2004 Page 4 of 4 4) Increase the maintenance assessment from $24.00 to $34.00 per Benefit Unit. This option would result in sufficient revenues to offset all maintenance cost within current revenue with no reduction in the $15,052 fund balance in FY 05. Although the $15,052 Fund Balance represents a 40% reserve rather than a 25% reserve, this would result in five to six years of rate stabilization. 5) Increase the maintenance assessment from $24.00 to $40.82 per Benefit Unit. This would implement the full program recommended by the Advisory Committee which includes maintenance of current service levels, plus additional level of services associated with and including the maintenance of landscape improvements (landscape and irrigation) along the Oak Forest Wall. RECOMMENDATION: Staff recommends the Commission take the following actions: I. Adopt one of the following assessment rate options: a. $24 per benefit unit - reduce service levels, deteriorate the asset. b. $24 per benefit tmit - maintain existing service levels, reducing fund balance $9,355, no additional year of rate stabilization. c. $32 per benefit unit - maintain current service levels with 3-year rate stabilization. d. $34 per benefit unit - maintain current service levels with 5-year rate stabilization. e. $40.82 per benefit unit - maintain current service levels, add new improvements, and provide two additional years of rate stabilization while maintaining our fund balance policy. 2. Adopt Resolution 2004-42 incorporating the assessment rate option chosen above. ATTACHMENTS: I. Public Hearing Agenda Item 400 from August 9,2004 Commission Meeting 2. Proof of Publication missing from Public Hearing Agenda Item 400 (Appendix C) from August 9, 2004 Commission Meeting 3. Ballot and Fact Sheet sent to Home Owners of Record for Oak Forest subdivision 4. Review of the Ballot Canvassing Board: Certificate of "Proposed Increase in Maintenance Assessment" 5. Resolution 2004-42 - Option I and 2 6. Resolution 2004-42 - Option 3 and 4 7. Resolution 2004-42 - Option 5 8. Oak Forest Fiscal Year 2004-2005 Budget with $24.00 per Benefit Unit Assessment 9. Oak Forest Fiscal Year 2004-2005 Budget with $32.00 per Benefit Unit Assessment 10. Oak Forest Fiscal Year 2004-2005 Budget with $34.00 per Benefit Unit Assessment 11. Oak Forest Fiscal Year 2004-2005 Budget with $40.82 per Benefit Unit Assessment A4tMlI m eJ1} I COMMISSION AGENDA ITEM 400 CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR August 9, 2004 Meeting MGR IDEPT . Authorization REQUEST: The Finance Department is requesting the City Commission consider the Adoption of Resolution 2004-30, relating to the Oak Forest Wall and Beautification Assessment Area. PURPOSE: The purpose of this request is for the City Commission to adopt Resolution 2004-30, relating to the Oak Forest Assessment Area. This Resolution Amends Resolution No. 2000-06, by adding flexibility in the application of improvement assessment proceeds; Amends Resolution No. 2000-10, by increasing the maximum annual maintenance assessment; Approves the Assessment Roll for the Oak Forest Wall and Beautification District for Fiscal Year 2004/2005; Establishes the lien associated with the Assessment Area; and Directs that the Assessment Roll be Certified to the Seminole County Tax Collector by September 15, 2004. _--:/:1 f 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. . The City desires to provide for greater flexibility in the application of remaining Improvement Assessments to allow a portion to be used towards Project Costs after payment of all transaction costs, collection costs and payment of principal and interest on outstanding obligations. All necessary consent has been obtained by the necessary parties as required by the loan documents. Public Hearing Agenda Item 400 August 9, 2004 Page 2 of2 . The City has sent a notice of a public hearing to each property owner via U.S. mail on July 20, 2004 as well as published a notice of public hearing in the Sunday, August 18, 2004, Orlando Sentinel, pursuant to Ordinance No. 98-704, in order to increase the Maintenance Assessment above the maximum amount established by the City's previous notice to owners sent out on April 19, 2000. The increase in the assessment, from a maximum of $24.00 per Benefit Unit to a maximum of $40.82 per Benefit Unit, is needed for installation of new landscaping and irrigation along the Oak Forest Subdivision Wall. . 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. RECOMMENDATION: It is recommended that the City Commission consider the adoption of Resolution 2004-30, relating to the Oak Forest Wall and Beautification Assessment Area, based upon the citizen input at tonight's Public Hearing. ATTACHMENTS: 1. Resolution 2004-30 2. First Page - Oak Forest Annual Assessment Roll 2004-2005 3. Certificate to Non-Ad Valorem Assessment Roll- Oak Forest 4. Assessments COMMISSION ACTION: RESOLUTION NO. 2004-30 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE OAK FOREST ASSESSMENT AREA; AMENDING RESOLUTION NO. 2000-06 TO PROVIDE FOR FLEXIBILITY IN THE APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS; AMENDING RESOLUTION NO. 2000- 10 TO INCREASE THE MAXIMUM ANNUAL MAINTENANCE ASSESSMENT; APPROVING THE ASSESSMENT ROLLS FOR THE OAK FOREST ASSESSMENT AREA; ESTABLISHING THE LIEN ASSOCIATED THEREWITH; DIRECTING THAT THE ASSESSMENT ROLLS BE CERTIFIED TO THE SEMINOLE COUNTY TAX COLLECTOR; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING 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 proposed creation of the Oak Forest Assessment Area by its Resolution No. 2000-06, adopted April 10, 2000 (the "Initial Assessment Resolution"); and WHEREAS, pursuant to the Ordinance, the Commission imposed special assessments within the Oak Forest Assessment Area by its Resolution No. 2000-10, adopted on May 10,2000 (the "Final Assessment Resolution"); 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 City desires to provide for greater flexibility in the application of remaining Improvement Assessments (after payment of all Transaction Costs, Collection Costs and payment of principal and interest on Outstanding Obligations) to allow a portion to be used towards Project Costs; and City of Winter Springs Resolution Number 2004-30 Page 1 of 12 WHEREAS, the consent to make the changes described in the above paragraph has been obtained by all necessary parties, including the owners of any Outstanding Obligations, as required by the terms of such loan documents, if any; and WHEREAS, the City desires to install new landscaping and irrigation along the Oak Forest Subdivision Wall and therefore needs to increase the annual Maintenance Assessment; and WHEREAS, pursuant to the provisions of the Ordinance, the Commission is required to provide mailed and published notice of, and hold a public hearing regarding, any increase in the Maintenance Assessment which exceeds the maximum amount established by previous notice to the property owners; the forms of which are attached hereto as Appendices A and B, respectively; 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 C and D, 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION 1. INCORPORATION OF 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. AMENDMENTS TO THE INITIAL ASSESSMENT RESOLUTION. (A) The definition of "Capital Cost" set forth in Section 1.01 of the Initial Assessment Resolution is hereby amended to read as follows: SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. *** "Capital Cost" means all of the expenses that are properly attributable to the design and construction of the Oak Forest City of Winter Springs Resolution Number 2004-30 Page 2 of 12 Subdivision Wall. related caoital imorovements and imposition of Improvement Assessments under generally accepted accounting principles; and including any reimbursement to the City for any funds advanced for Capital Costs and interest on any interfund or intrafund loan for such purposes. , *** (B) Section 4.10 of the Initial Assessment Resolution is hereby amended to read as follows: SECTION 4.10. APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS. Proceeds from the Improvement Assessments received during each Fiscal Year shall be applied by the City for payment of the Improvement Assessment Collection Costs, payment of any Transaction Costs not funded from proceeds of the Obligations, payment of interest due on the Obligations, and payment of principal due on the Obligations. Any remaining proceeds will then be used for prepayment of the Obligations: orovided. however. the City mav use a oortion of such remaininl! oroceeds towards Proiect Costs in the event an Ooinion of Financial Advisor is obtained. The Ooinion of Financial Advisor shall be a written ooinion from the City's financial advisor or investment banker and state that the oortion of remaininl! oroceeds of the Imorovement Assessments used towards Proiect Costs instead of oreoavment of the Oblil!ations is reasonable and will not have a material adverse effect on the City's ability to make future interest and orincioal oavments on the Outstandinl! Oblil!ations. SECTION 5. INCREASE IN MAXIMUM ANNUAL MAINTENANCE ASSESSMENT. The Tax Parcels described in the Maintenance Assessment Roll are hereby found to be specially benefitted by the maintenance of the Oak Forest Subdivision Wall 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 ratified and confirmed. Tax Parcels located in the Oak Forest Assessment Area shall have a revised maximum annual Maintenance Assessment rate of $40.82 per Benefit Unit. SECTION 6. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION AND FINAL ASSESSMENT RESOLUTION. The Initial Assessment Resolution and the Final Assessment Resolution, as modified by Sections 4 and 5 hereof, are hereby ratified and confirmed. SECTION 7. 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 and delivered to the Seminole County Tax Collector prior to September 15, 2004, 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. City of Winter Springs Resolution Number 2004-30 Page 3 of 12 SECTION 8. ASSESSMENT LIENS. Special assessments imposed within the assessment areas listed on the rolls described in Section 7 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 paid. 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, 2004, the lien date for ad valorem taxes. SECTION 9. 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 10. 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 11. 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 on the 9th day of August, 2004. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution Number 2004-30 Page 4 of 12 APPENDIX A FORM OF PUBLISHED NOTICE City of Winter Springs Resolution Number 2004-30 Page 5 of 12 To Be Published on or before July 20, 2004 [MAP OF OAK FOREST ASSESSMENT AREA] NOTICE OF HEARING TO INCREASE MAINTENANCE ASSESSMENTS AND CERTAIN AMENDMENTS TO THE APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS Notice is hereby given that the City Commission of Winter Springs, Florida, will conduct a public hearing to consider increasing the Maintenance Assessments imposed in the Oak Forest Assessment Area, as shown above, from $24.00 per Benefit Unit to $40.82 per Benefit Unit, and amendment of certain provisions regarding the application of Improvement Assessment proceeds. The public hearing will be held at 6:30pm on August 9, 2004, in the City Hall - Commission Chambers, Winter Springs, Florida. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at (407) 327-1800 at least 48 hours prior to the date of the hearing. All affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. Any person wishing to appeal any decision of the City Commission with respect to any matter considered will need a record and may wish to ensure that a verbatim record is made. The assessments are imposed to fund capital and maintenance costs for the privacy wall serving the Oak Forest Assessment Area. The project is referred to as the Oak Forest Subdivision Wall. The assessment for each parcel of property within the Oak Forest Assessment Area is based upon the parcel's proximity to the privacy wall measured in "Benefit Units." The assignment of Benefit Units is based on the level of benefit each lot receives from aesthetic and subdivision identity (all lots), noise abatement (lots with the majority of their area within 600 feet of the Oak Forest Subdivision Wall) and glare abatement (lots that abut the Oak Forest Subdivision Wall). A more specific description is set forth in the Initial Assessment Resolution and Final Assessment Resolution adopted by the City Commission on April 10, 2000 and May 10, 2000, respectively. Copies of the Initial Assessment Resolution, Final Assessment Resolution, the plans and specifications for the project, and the assessment rolls are available for inspection at the offices of the City Manager, located at 1126 East State Road 434, Winter Springs, Florida. Annual capital and maintenance assessments to fund the Oak Forest Subdivision Wall are being collected on the ad valorem tax bill for a period of 30 years, commencing with the tax bill mailed in November 2000. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. Future annual capital assessments may be prepaid at the option of the property owner. However, future annual maintenance assessments may not be prepaid. If you. have any questions, please contact the City of Winter Springs Beautification Coordinator at: (407) 327-1800 x315, City of Winter Springs Resolution Number 2004-30 Page 6 of 12 APPENDIX B FORM OF MAILED NOTICE City of Winter Springs Resolution Number 2004-30 Page 7 of 12 NOTICE OF HEARING TO INCREASE MAINTENANCE ASSESSMENTS AND CERTAIN AMENDMENTS TO THE APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS _,2004 [Property Owner Name] [Street Address] [City, State and zip] Re: Tax Parcel Number [Insert Number] Benefit Units [Insert Number] Oak Forest Assessment Area Dear Property Owner: Notice is hereby given that the City Commission of Winter Springs, Florida, will conduct a public hearing to consider increasing the Maintenance Assessments imposed in the Oak Forest Assessment Area, from $24.00 per Benefit Unit to $40.82 per Benefit Unit, and amendment of certain provisions regarding the application of Improvement Assessment proceeds. The Oak Forest Assessment Area has been created to provide a privacy wall and related improvements. The project to construct the privacy wall is referred to as the Oak Forest Subdivision Wall. The construction and maintenance costs of the Oak Forest Subdivision Wall are funded by assessments against the property located within the Oak Forest Assessment Area. The construction and maintenance assessments for each parcel of property are based on its proximity to the Oak Forest Subdivision Wall measured in "Benefit Units." The assignment of Benefit Units is based on the level of benefit each lot receives from aesthetic and subdivision identity (all lots), noise abatement (lots with the majority of their area within 600 feet of the Oak Forest Subdivision Wall) and glare abatement (lots that abut the Oak Forest Subdivision Wall). A more specific description of the assessment program is set forth in the Initial Assessment Resolution and Final Assessment Resolution adopted by the City Commission on April 10, 2000 and May 10, 2000, respectively. Copies of the Initial Assessment Resolution, Final Assessment Resolution, the plans and specification for the Oak Forest Assessment Area, and the assessment rolls including the capital and maintenance assessments are available for your review at the offices of the City Manager, located at 1126 East State Road 434, Winter Springs, Florida. The City Commission will hold the public hearing at 6:30pm on August 9, 2004, in the City Hall - Commission Chambers, Winter Springs, Florida, for the purpose of receiving comments on the increase in Maintenance Assessment and the proposed assessments. You are invited to attend and participate in the hearing. You may also file written objections with the City Commission prior to or during the hearing. If you decide to appeal any decision made by the City Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which City of Winter Springs Resolution Number 2004-30 Page 8 of 12 the appeal is to be made. In accordance with the Americans with Disabilities Act, if you need a special accommodation or an interpreter to participate in this proceeding, please contact the City Clerk's office at (407)327-1800 at least 48 hours prior to the date of the hearing. Annual capital and maintenance assessments to fund the Oak Forest Subdivision Wall are being collected on the ad valorem tax bill for a period of 30 years, commencing with the tax bill mailed in November 2000. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. Future annual capital assessments may be prepaid at the option of the property owner. However, future annual maintenance assessments may not be prepaid. If you have any questions, please contact the City of Winter Springs Beautification Coordinator at: (407) 327-1800 x315. City of Winter Springs Resolution Number 2004-30 Page 9 of 12 APPENDIX C PROOF OF PUBLICATION City of Winter Springs. Resolution Number 2004-30 Page 10 of 12 APPENDIX D AFFIDAVIT OF MAILING City of Winter Springs Resolution Number 2004-30 Page 11 of 12 AFFIDAVIT OF MAILING STATE OF FLORIDA COUNTY OF LEON BEFORE ME, the undersigned authority, personally appeared Skip Burnside, who, after being duly sworn, deposes and say: I, Skip Burnside, have been designated by the City Manager of Winter Springs, Florida, to mail the notices required by Section 4.07 of Ordinance No. 98-704, enacted by the City Commission of Winter Springs, Florida on July 27, 1998 (the "Ordinance "). On or before July 20, 2004, I mailed or directed the mailing of, a notice in accordance with Section 4.07 of the Ordinance by first class mail, to each owner of property within the Oak Forest Assessment Area in conformance with the requirements of the Ordinance, 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. Affiant The foregoing instrument was acknowledged before me by Skip Burnside, who is personally known to me or who has produced as identification and did (did not) take an oath. WITNESS, my hand and official seal this _ day of , A.D., 2004. Signature of person taking acknowledgment Name of acknowledger (printed) My commission expires: City of Winter Springs Resolution Number 2004-30 Page 12 of 12 Oak Forest Wall FY 2004-2005 Annual Assossmont Ad]ust8d Ammal AnImal TD~ Naxt Prepaynumt ClVltaI Maln~C8 Annual AlUustlll ParCld 10 Dwn8l'Nana Amount A888SSmlllt AS888SID811t ASSBS8IDlllt PrllPaymlllt 01-21-30-503-0000-7160 DICK INEZ L $864.97 $88.75 $51.03 $139.78 $847.11 01-21-30-503-0000-7170 LYSTER CARLISLE F JR & L1N $864.97 $88.75 $51.03 $139.78 $847.11 01-21-30-503-0000-7180 DAMON JAMES & LAURA K $864,97 $88.75 $51.03 $139.78 $847.11 01-21-30-503-0000-7190 RZIGALlNSKI BEVERLY A & $864.97 $88.75 $51.03 $139.78 $847.11 01-21-30-503-0000-7200 SCHELL MICHAEL J & KATHL $864.97 $88.75 $51.03 $139.78 $847.11 01-21-30-503-0000-7210 FINLEY DANIEL M $864.97 $88.75 $51.03 $139.78 $847.11 01-21-30-503-0000-7220 DE GORE L RICHARD & BETT $864.97 $88.75 $51.03 $139.78 $847.11 01-21-30-503-0000-7230 ADORNO JUAN B JR & ANNA $864.97 $88.75 $51,03 $139,78 $847.11 01-21-30-503-0000-7240 GUENTHARDT MICHAEL J & $864.97 $88,75 $51.03 $139.78 $847.11 01-21-30-503-0000-7250 GRANDOWSKI VICTOR P & A $864.97 $88.75 $51.03 $139.78 $847.11 01-21-30-503-0000-7260 SCHRADER WILLIAM C & PAT $0.00 $0.00 $51.03 $51.03 $0.00 01-21-30-503-0000-7270 PARKIN KEITH E & MATTIE H $864.97 $88.75 $51.03 $139.78 $847.11 01-21-30-503-0000-7280 SPRUCK EDWARD A & AUDR $864.97 $88.75 $51.03 $139.78 $847.11 01-21-30-503-0000-7290 MAHONEY PATRICK E & MAR $864.97 $88.75 $51.03 $139.78 $847.11 01-21-30-503-0000-7300 OLIVER BRIAN J & $761.18 $78.10 $44.90 $123.00 $745.46 01-21-30-503-0000-7310 MURRO ALBERT F & BERNA $761.18 $78.10 $44.90 $123.00 $745.46 01-21-30-503-0000-7320 TACKABERRY MICHAEL W & $0.00 $0.00 $44.90 $44.90 $0.00 01-21-30-503-0000-7330 CAMEAU HANS & MARTINE B $761.18 $78.10 $44.90 $123.00 $745.46 01-21-30-503-0000-7340 HUDTWALCKER HANS & $761.18 $78.10 $44.90 $123.00 $745.46 01-21-30-503-0000-7350 BATTEE ERNEST R & ELAINE $691.98 $71.00 $40.82 $111,82 $677,69 01-21-30-503-0000-7360 HAUM CHARLES A JR & JANE $691.98 $71.00 $40.82 $111.82 $677.69 01-21-30-503-0000-7370 SEALE JOHN E & ELIZABETH $691.98 $71.00 $40.82 $111.82 $677.69 01-21-30-503-0000-7380 WINKLER ENON S . $691.98 $71.00 $40.82 $111.82 $677.69 01-21-30-503-0000-7390 VANDERGRIFF JESSE C & B $0.00 $0.00 $40.82 $40.82 $0.00 01-21-30-503-0000-7400 GOODNOUGH DEBORAH H $691.98 $71.00 $40.82 $111.82 $677.69 01-21-30-503-0000-7460 RITZER BRUCE A & SANDRA $691,98 $71.00 $40.82 $111.82 $677.69 01-21-30-503-0000-7470 FERGUSON KEVIN T & MELlS $691.98 $71,00 $40.82 $111.82 $677.69 01-21-30-503-0000-7480 O'CALLAGHAN GREGORY C $691.98 $71.00 $40.82 $111.82 $677.69 01-21-30-503-0000-7490 MC CORMICK MICHAEL J & S $691.98 $71,00 $40.82 $111.82 $677.69 01-21-30-503-0000-7500 LOVING MARY L $691.98 $71.00 $40.82 $111.82 $677.69 01-21-30-503-0000-7510 WILLIAMS L YNNETTE L $691.98 $71.00 $40.82 $111.82 $677.69 01-21-30-503-0000-7520 WILLIAMS STEPHEN W & $691.98 $71.00 $40.82 $111.82 $677.69 01-21-30-503-0000-7530 GONANO CHARLES L & R JO $691.98 $71.00 $40.82 $111.82 $677.69 01-21-30-503-0000-7540 ATKINS DOUGLAS E $0.00 $0.00 . $44.90 $44.90 $0.00 01-21-30-503-0000-7550 PASKMAN KENNETH M & LA $761,18 $78.10 $44.90 $123.00 $745.46 01-21-30-503-0000-7560 GARNER BRAD L & MARY E $761.18 $78.10 $44.90 $123.00 $745.46 Winter Springs - Special Assessments Page-1 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, 2004. 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 , 2004. 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 2004-2005 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 ........................ $586,280,07 Total Next Oustanding Assessment Balance ................ $574,172.86 Maintenance Assessment Total ERU's .........,............." ,.., ,......, ,.....,....,......,...,..,...,.., ,...,...... 966.20 Parcel Count .............................................................,.................... 935 Total Maintenance Assessment ........................................... $39,440,24 Government Services Group, Inc Page 1 of 1 --- -'---'-.-,-- --- __u_, - ._,___ -'---_~u_ -:-_~_ __________ _,~ ATTNKARGO M-PIERCe;-CAC 1126"EAST S.R. 434 WINTER SPRINGS fl 321080000 030643001 407327180001 07/19'04 93' Orlando Sentinel Published Daily ~tatt of jflortba} S.S. COUNTY OF ORANGE , , ' . Li ndaBr i dgewater Before the undersigned authOrity personally appeared . . . , . , who on oath say's that he/she ;s the Legal Advertising Representativ~ of Orlando Sentinel, a dally newspaper publiShed at t ~ T '" MiltiTJ= ,PSHNc.;<;. . in nllANc.;J= I :SJ=MTNn_= ' County, Florida; that the attached copy of advertisement, being a NHTTr:F OF HF AR TNt; in the matter of AUG q, nl 61: -=!O PM .' in the nRANt;F= ,/, <:;;:l'4TNnt F . Court, was published in said newspaper in the issue; of 07/1 R/04 . Affiant furth.er says that the said Orlando Sentinel is a newspaper published at ~h~~~~~TP: ,Pi'? nIt; <; , in said "RANt;;: /' <;FMTNili F County, Florida, and that the said newspaper has heretofore been continuously published in said m~ANe;s= /. <;;=.,TIIIOI F County, Florida, each Week Day and has been entered as second-class mail matter at the post office in AI T4MnNTF' ~r~TNr.<:; in~ajd nRANhF ." <;FjllJTN___ ~. = County, Flonda, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corpor~tion a.ny discount, rebate, commission or refund for the purpose of securin thiS advertisement for publication in the said newspaper, (SEAL) I) Personally Known I) Otl1er I,D, Ait~(YIW L Vl"IiIIlUO .;:,emmeJ communications , publisher of .. ORLANDO SENTINEL , . 633 NORTHO'RANGE AVENUE ORLANDO, FLORIDA 32801. . LEGAL ADVERTISING City of Winter Springs 1126 E. State Road 434 Winter Springs, Florida 32708 tHfOJUl mw 3' CONFIDENTIAL PER STATUTES 119.07(03)(1) CID# 204 1101 E 1ST ST SANFORD, FL 32771 Tax Parcel Number: 12-21-30-501-0000-0140 Benefit Units: 1.10 Sequence Number: OFMB-913 BALLOT CITY OF WINTER SPRINGS · SEMINOLE COUNTY, FLORIDA. Oak Forest Wall And Beautification District .. , PROPOSED INCREASE IN MAINTENANCE ASSESSMENT · INSTRUCTIONS: TO VOTE, COMPLETELY FILL IN THE SQUARE NEXT TO YOUR CHOICE. . Use a permanentmarking device such as an ink pen. If you make a mistake, a new ballot may be picked up at City Hall. If you erase or make other marks, your vote may not count. Ballot'must be received at City Hall no later than September 8, 2004. .',. ':l;:'(~j'::r..~, ,..\,':: 0:,: :,~,' \;'.,. ,l,,"i:',..' :> ,,; , 'f [MARK BALLOT HERE>' .' l{' :':: .~ ",:;r:::~': '0',::':':_; . . ,~,'~\ ~:," " ~:..:'-::,r 'i,:'~.;'{:~>:':i:~f" -'f \:'.;~~4:~~?"'~~;. :,';:..'~,U~, RELATIVE TO THE PROPOSED IMPROVEMENTS TO THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT, IT IS MY WISH THAT THE CiTY COMMISSION DAPPROVE DREJECT THE PROPOSED IMPROVEMENTS AND RELATED.INCREASE IN MAINTENANCE ASSESSMENTS TO MAINTAIN THESE IMPROVEMENTS. CONFIDENTIAL PER STATUTES Tax Parcel Number: 12-21-30-501-0000-0140 Benefit Units: 1.10 Printed Name Date Signature Of Property Owner ft~mmt 0: PROPOSED IMPROVEMENTS FACT SHEET The Oak Forest Wall and Beautification District Advisory Board is proposing additional improvements that will result in an increase of the yearly maintenance assessments. FREOUENTL Y ASKED OUESTIONS Q: What improvements are being proposed? A: The Advisory Board proposes to install new landscaping that will greatly enhance the beauty of the wall along Tuskawilla Road. They also propose to install new inigation along the wall to preserve both new and existing plant material. Q: Why is this project being proposed? A: These improvements represent an important part of the Advisory Board's plan to increase property values by enhancing the image that Oak Forest presents to the market place. As you probably know, property values increased dramatically following the completion of the initial improvements which included construction of the wall on Tuskawilla Road and landscaping. . Q: How does this project benefit Oak Forest Property Owners? A: Based upon previous beautification projects, your Advisory Board believes the enhanced beauty of the wall resulting from the proposed improvements will continue to elevate property values and the attractiveness of Oak Forest properties to potential home buyers. Q: Are other projects being considered that will increase my assessments? A: No. The Advisory Board's goal is for Oak Forest to be as good as it can be within a reasonable cost. The proposed project completes the Advisory Board's plan for accomplishing this goal. Q: Will the proposed project require additional debt financing? A: No. Additional debt financing will not be required. Q: Does the proposed project extend the length of the wall? A: No, The proposed project enhances the existing wall only. Table PROPOSED ASSESSMENT INCREASE Benefit Unit Lots Maintenance Capital 1.00 710 $40.82 $71.00 1.10 167 $44.90 $78.10 1.25 58 $51.03 $88.75 Q: What is a Benefit Unit? A: Oak Forest Wall and Beautification District assessments have three tiers based upon benefits received by the improvements as follows: Tier 1 = 1.00 Benefit Units for Beautification. Tier 2 = 1.10 Benefit Units for Beautification and Road Noise Reduction. Tier 3 = 1.25 Benefit Units For Beautification, Road Noise Reduction, and Public Safety. * Benefit units are factored by property's proximity to the wall. Q: How will the various tiers be affected by the proposed increase? A: See Table below for tier rate change schedule. Q: Will this cause my annual assessments to in- crease? A: The improvements will result in your maintenance assessment increasing $16.82 per year or $1.40 per month, per benefit unit. There would be no increase in your capital assessment as a result of these improvements. PrQPosed Landsc49h1g ConcfU't Conceptual photo o/proposed landscaping improvements to be installed along the Oak Forest waiL Total Assessment Increase $111.82 Annually $123.00 Annually $139.78 Annually $16.82 $18.50 $21.03 A +t-cwJI rYl tn+ Lf CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone: (407) 327.1800 Fax: (407) 327-4753 Website: www.winterspringsfl.org CITY OF WINTER SPRINGS REVIEW OF THE BALLOT CANVASSING BOARD CERTIFICATE OF "PROPOSED INCREASE IN MAINTENANCE ASSESSMENT" OAK FOREST WALL AND BEAUTIFICATION DISTRICT THURSDAY, SEPTEMBER 9,2004 . ~., .... . STATE OF FLORIDA COUNTY OF SEMINOLE We, the undersigned, Artdrea Lorenzo-Luaces, CMC, City Clerk; Joan Brown, Deputy City Clerk; Debra Franklin, Deputy City Clerk; and Carol Lallathin, Assistant to the City Clerk .constituting the .City of Winter Springs' City Clerk's Office/Canvassing Board in and for said City, do hereby certify that we met in the Commission Chambers at Winter Springs City Hall, 1126 East State Road 434, Winter Springs, Florida 32708 on the 9th day of September, A.D., 2004, and proceeded publicly to canvass the Ballots given for the City of WInter Springs' "Proposed Increase In Maintenance Assessment" Ballot of which all were due by 8th day of September, A.D., 2004, as , shown by the returns on file, and certified by the Office of the City' Clerk. . We do hereby Certify from said returns as follows: The whole numher of Ballots received through September 8,2004 were 449 of which number "Approve" - "Proposed Increase In Maintenance Assessment": 192 Ballot Votes "Reject" - "Proposed Increase In Maintenance Assessment": 233 Ballot Votes "Incomplete" - "Proposed Increase In Maintenance Assessment": 9 Ballot Votes "Returned" - "Proposed Increase In Maintenance Assessment": 15 Ballot Votes ~ e~~~~ / Carol Lallathm, Assistant to the City Clerk WITNESS: yjPt1fwc~. Public W orkslUtilities Department Director ~mw5' RESOLUTION NO. 2004-42 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE OAK FOREST ASSESSMENT AREA; AMENDING RESOLUTION NO. 2000-06 TO PROVIDE FOR FLEXIBILITY IN THE APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS; APPROVING THE ASSESSMENT ROLLS FOR THE OAK FOREST ASSESSMENT AREA; ESTABLISHING THE LIEN ASSOCIATED THEREWITH; DIRECTING THAT THE ASSESSMENT ROLLS BE CERTIFIED TO THE SEMINOLE COUNTY TAX COLLECTOR; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING 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 proposed creation of the Oak Forest Assessment Area by its Resolution No. 2000-06, adopted April 10, 2000 (the "Initial Assessment Resolution"); and WHEREAS, pursuant to the Ordinance, the Commission imposed special assessments within the Oak Forest Assessment Area by its Resolution No. 2000-10, adopted on May 10, 2000 (the "Final Assessment Resolution"); 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 City desires to provide for greater flexibility in the application of remaining Improvement Assessments (after payment of all Transaction Costs, Collection Costs and payment of principal and interest on Outstanding Obligations) to allow a portion to be used towards Project Costs; and WHEREAS, the consent to make the changes described in the above paragraph has been obtained by all necessary parties, including the owners of any Outstanding Obligations, as required by the terms of such loan documents, if any; and City of Winter Springs Resolution Number i004-42 Page 1 of 12 WHEREAS, the City desired to install new landscaping and irrigation along the Oak Forest Subdivision Wall and therefore needed to increase the annual Maintenance Assessment; and WHEREAS, pursuant to the provisions of the Ordinance, the Commission is required to provide mailed and published. notice of, and hold a public hearing regarding, any increase in the Maintenance Assessment which exceeds the maximum amount established by previous notice to the property owners; the forms of which are attached hereto as Appendices A and B, respectively; 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 C and D, respectively; and WHEREAS, a public hearing has been duly held on August 9, 2004 and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance; and WHEREAS, based on comments and objections during the public hearing and the results of a non-binding opinion poll of the residents in the Oak Forest Assessment Area conducted by the City, the Commission has decided not to raise the Annual Maintenance Assessment; and 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. INCORPORATION OF RECITALS. The foregoing recitals are deemed true and correct and are hereby fuJly 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. AMENDMENTS TO THE INITIAL ASSESSMENT RESOLUTION. (A) The definition of "Capital Cost" set forth in Section 1.01 of the Initial Assessment Resolution is hereby amende~ to read as follows: SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. *** City of Winter Springs Resolution Number 2004-42 Page 2 of 12 "Capital Cost" means all of the expenses that are properly attributable to the design and construction of the Oak Forest Subdivision Wall. related capital imorovements and imposition of Improvement Assessments under generally accepted accounting principles; and including any reimbursement to the City for any funds advanced for Capital Costs and interest on any interfund or intrafund loan for such purposes. *** (B) Section 4.10 of the Initial Assessment Resolution is hereby amended to read as follows: SECTION 4.10.' APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS. Proceeds from, the Improvement Assessments received during each Fiscal Year shall be applied by the City for payment of the Improvement Assessment Collection Costs, payment of any Transaction Costs not funded from proceeds of the Obligations, payment of interest due on the Obligations, and payment of principal due on the Obligations. Any remaining proceeds will then be used for prepayment of the Obligations: orovided. however. the City may use a portion of such remaining oroceeds towards Proiect Costs in the event an Opinion of Financial Advisor is obtained. The Opinion of Financial Advisor shall be a written opinion from the City's financial advisor or investment banker and state that the portion of remaining proceeds of the Improvement Assessments used towards Proiect Costs instead of orepavment of the Obligations is reasonable and will not have a material adverse effect on the City's abilitv to make future interest and principal payments on the Outstanding Obligations. SECTION 5. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION AND FINAL ASSESSMENT RESOLUTION. The Initial Assessment Resolution and the Final Assessment Resolution, as mo.dified by Sections 4 and 5 hereof, are hereby ratified and confirmed. SECTION 6. 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 and delivered to the Seminole County Tax Collector prior to September 15, 2004, along with any necessary changes subsequent to the date hereof permitted under Sections 3.12 and 4.12 ofthe Ordinance and the Uniform Assessment Collection Act. SECTION 7. ASSESSMENT LIENS. Special assessments imposed within the assessment areas listed on the rolls described in Section 7 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 paid. The lien shall be deemed perfected upon adoption of this Resolution and shall attach to the property included on the ass.essment roll as of January 1, 2004, the lien date for ad valorem taxes. City of Winter Springs Resolution Number 2004-42 Page 3 of 12 SECTION 8. 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 9. 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 10. 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 on the _ day of September, 2004. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution Number 2004-42 Page 4 of 12 APPENDIX A FORM OF PUBLISHED NOTICE City of Winter Springs Resolution Number 2004-42 Page 5 of 12 To Be Published on or before July 20, 2004 . [MAP OF OAK FOREST ASSESSMENT AREA] NOTICE OF HEARING TO INCREASE MAINTENANCE ASSESSMENTS AND CERTAIN AMENDMENTS TO THE APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS Notice is hereby given that the City Commission of Winter Springs, Florida, will conduct a public hearing to consider increasing the Maintenance Assessments imposed in the Oak Forest Assessment Area, as shown above, from $24.00 per Benefit Unit to $40.82 per Benefit Unit, and amendment of certain provisions regarding the application of Improvement Assessment proceeds. The public hearing will be held at 6:30pm on August 9, 2004, in the City Hall - Commission Chambers, Winter Springs, Florida. In accordance with the Americans with. Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at (407) 327-1800 at least 48 hours prior to the date of the hearing. All affected property owners have a right. to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. Any person wishing to appeal any decision of the City Commission with respect to any matter considered will need a record and may wish to ensure that a verbatim record is made. The assessments are imposed to fund capital and maintenance costs for the privacy wall serving the Oak Forest Assessment Area. The project is referred to as the Oak Forest Subdivision Wall. The assessment for each parcel of property within the Oak Forest Assessment Area is based upon the parcel's proximity to the privacy wall measured in "Benefit Units." The assignment of Benefit Units is based on the level of benefit each lot receives from aesthetic and subdivision identity (all lots), noise abatement (lots with the majority of their area within 600 feet of the Oak Forest Subdivision Wall) and glare abatement (lots that abut the Oak Forest Subdivision Wall). A more specific description is set forth in the Initial Assessment Resolution and Final Assessment Resolution adopted by the City Commission on April 10, 2000 and May 10, 2000, respectively. Copies of the Initial Assessment Resolution, Final Assessment Resolution, the plans and specifications for the project, and the assessment rolls are available for inspection at the offices of the City Manager, located at 1126 East State Road 434, Winter Springs, Florida. Annual capital and maintenance assessments to fund the Oak Forest Subdivision Wall are being collected on the ad valorem tax bill for a period of 30 years, commencing with the tax bill mailed in November 2000. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. Future annual capital assessments may be prepaid at the option of the property owner. However, future annual maintenance assessments may not be prepaid. If you have any questions, please contact the City of Winter Springs Beautification Coordinator at: (407) 327-1800 x315. City of Winter Springs Resolution Number 2004-42 Page 6 of 12 APPENDIX B FORM OF MAILED NOTICE City of Winter Springs Resolution Number 2004-42 Page 7 of 12 NOTICE OF HEARING TO INCREASE MAINTENANCE ASSESSMENTS AND CERTAIN AMENDMENTS TO THE APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS _,2004 [Property Owner Name] [Street Address] [City, State and zip] Re: Tax Parcel Number [Insert Number] Benefit Units [Insert Number] Oak Forest Assessment Area Dear Property Owner: Notice is hereby given that the City Commission of Winter Springs, Florida, will conduct a public hearing to consider increasing the Maintenance Assessments imposed in the Oak Forest Assessment Area, from $24.00 per Benefit Unit to $40.82 per Benefit Unit, and amendment of certain provisions regarding the application of Improvement Assessment proceeds. The Oak Forest Assessment Area has been created to provide a privacy wall and related improvements. The project to construct the privacy wall is referred to as the Oak Forest Subdivision Wall. The construction and maintenance costs of the Oak Forest Subdivision Wall are funded by assessments against the property located within the Oak Forest Assessment Area. The construction and maintenance assessments for each parcel of property are based on its proximity to the Oak Forest Subdivision Wall measured in "Benefit Units." The assignment of Benefit Units is based on the level of benefit each lot receives from aesthetic and subdivision identity (all lots), noise abatement (lots with the majority of their area within 600 feet of the Oak Forest Subdivision Wall) and glare abatement (lots that abut the Oak Forest Subdivision Wall). A more specific description of the assessment program is set forth in the Initial Assessment Resolution and Final Assessment Resolution adopted by the City Commission on April 10, 2000 and May 10, 2000, respectively. Copies of the Initial Assessment Resolution, Final Assessment Resolution, the plans and specification for the Oak Forest Assessment Area, and the assessment rolls including the capital and maintenance assessments are available for your review at the offices of the City Manager, located at 1126 East State Road 434, Winter Springs, Florida. The City Commission will hold the public hearing at 6:30pm on August 9, 2004, in the City Hall - Commission Chambers, Winter Springs, Florida, for the purpose of receiving comments on the increase in Maintenance Assessment and the proposed assessments. You are invited to attend and participate in the hearing. You may also file written objections with the City Commission prior to or during the hearing. If you decide to appeal any decision made by the City Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which City of Winter Springs Resolution Number 2004-42 Page 8 of 12 the appeal is to be made. In accordance with the Americans with Disabilities Act, if you need a special accommodation or an interpreter to participate in this proceeding, please contact the City Clerk's office at (407)327-1800 at least 48 hours prior to the date of the hearing. Annual capital and maintenance assessments to fund the Oak Forest Subdivision Wall are. being collected on the ad valorem tax bill for a period of 30 years, commencing with the tax bill mailed in November 2000. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. Future annual capital assessments may be prepaid at the option of the property owner. However, future annual maintenance assessments may not be prepaid. If you have any questions, please contact the City of Winter Springs Beautification Coordinator at: (407) 327-1800 x315. :, City of Winter Springs Resolution Number 2004-42 Page 9 of 12 APPENDIX C PROOF OF PUBLICATION City of Winter Springs Resolution Number 2004-42 Page 10 of 12 APPENDIX D AFFIDA VIT OF MAILING City of Winter Springs Resolution Number 2004-42 Page 11 of 12 AFFIDAVIT OF MAILING STATE OF FLORIDA COUNTY OF LEON BEFORE ME, the undersigned authority, personally appeared Skip Burnside, who, after being duly sworn, deposes and say: I, Skip Burnside, have been designated by the City Manager of Winter Springs, Florida, to mail the notices required by Section 4.07 of Ordinance No. 98-704, enacted by the City Commission of Winter Springs, Florida on July 27, 1998 (the "Ordinance "). On or before July 20, 2004, I mailed or directed the mailing of, a notice in accordance with Section 4.07 of the Ordinance by first class mail, to each owner of property within the Oak Forest Assessment Area in conformance with the requirements of the Ordinance, 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. Affiant The foregoing instrument was acknowledged before me by Skip Burnside, who is personally known to me or who has produced as identification and did (did not) take an oath. WITNESS, my hand and official seal this _ day of , A.D., 2004. Signature of person taking acknowledgment Name of acknowledger (printed) My commission expires: City of Winter Springs Resolution Number 2004-42 Page 12 of 12 lt~m~+-0 RESOLUTION NO. 2004-42 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE OAK FOREST ASSESSMENT AREA; AMENDING RESOLUTION NO. 2000-06 TO PROVIDE FOR FLEXIBILITY IN THE APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS; AMENDING RESOLUTION NO. 2000- 10 TO INCREASE THE MAXIMUM ANNUAL MAINTENANCE ASSESSMENT; APPROVING THE ASSESSMENT ROLLS FOR THE OAK FOREST ASSESSMENT AREA; ESTABLISHING THE LIEN ASSOCIATED THEREWITH; DIRECTING THAT THE ASSESSMENT ROLLS BE CERTIFIED TO THE SEMINOLE COUNTY TAX COLLECTOR; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING 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 proposed creation of the Oak Forest Assessment Area by its Resolution No. 2000-06, adopted April 10, 2000 (the "Initial Assessment Resolution"); and . WHEREAS, pursuant to the Ordinance, the Commission imposed special assessments within the Oak Forest Assessment Area by its Resolution No. 2000-10, adopted on May 10, 2000 (the "Final Assessment Resolution"); 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 City desired to provide for greater flexibility in the application of remaining Improvement Assessments (after payment of all Transaction Costs, Collection Costs and payment of principal and interest on Outstanding Obligations) to allow a portion to be used towards Project Costs; and WHEREAS, the consent to make the changes described in the above paragraph has been obtained by all necessary parties, including the owners of any Outstanding Obligations, as required by the terms of such loan documents, if any; and City of Winter Springs Resolution Number 2004-42 Page I of 12 WHEREAS, the City desires to install new landscaping and irrigation along the Oak Forest Subdivision Wall and therefore needs to increase the annual Maintenance Assessment; and WHEREAS, pursuant to the provisions of the Ordinance, the Commission is required to provide mailed and published notice of, and hold a public hearing regarding, any increase in the Maintenance Assessment which exceeds the maximum amount established by previous notice to the property owners; the forms of which are attached hereto as Appendices A and B, respectively; 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 C and D, respectively; and WHEREAS, a public hearing has been duly held on August 9, 2004 and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance; and WHEREAS, based on comments and objections during the public hearing and the results of a non-binding opinion poll of the residents in the Oak Forest Assessment Area conducted by the City, the Commission has decided to raise the Annual Maintenance Assessment only to maintain a certain level of maintenance services to the Oak Forest Subdivision Wall. The increa,sed Annual Maintenance Assessment, however, does not include the installation of new landscaping and irrigation along the Oak Forest Subdivision Wall; and 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. INCORPORATION OF 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 oflaw. 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. AMENDMENTS TO THE INITIAL ASSESSMENT RESOLUTION. (A) The definition of "Capital Cost" set forth in Section 1.01 of the Initial City of Winter Springs Resolution Number 2004-42 Page 2 of 12 Assessment Resolution is hereby amended to read as follows: SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. *** "Capital Cost" means all ofthe expenses that are properly attributable to the design and construction of the Oak Forest Subdivision WalL related caoital imorovements and imposition of Improvement Assessments under generally accepted accounting principles; and including any reimbursement to the City for any funds advanced fot' Capital Costs and interest on any interfund or intrafund loan for such purposes. *** (B) Section 4.10 of the Initial Assessment Resolution is hereby amended to read as follows: SECTION 4.10. APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS. Proceeds from the Improvement Assessments received during .each Fiscal Year shall be applied by the City for payment of the Improvement Assessment Collection Costs, payment of any Transaction Costs not funded from proceeds of the Obligations, payment of interest due on the Obligations, and payment of principal due on the Obligations. Any remaining proceeds will then be used for prepayment of the Obligations: orovided. however. the Citv mav use a oortion of such remaining oroceeds towards Proiect Costs in the event an Ooinion of Financial Advisor is obtained. The Ooinion of Financial Advisor shall be a written ooinion from the City's financial advisor or investment banker and state that the oortion of remaining oroceeds of the Imorovement Assessments used towards Proiect Costs instead of oreoavrnent of the Obligations is reasonable and will not have a material adverse effect on the Citv's ability to make future interest and orincioal oavrnents on the Outstanding Obligations. SECTION 5. INCREASE IN MAXIMUM ANNUAL MAINTENANCE ASSESSMENT. The Tax Parcels described in the Maintenance Assessment Roll are hereby found to be specially benefitted by the maintenance of the Oak Forest Subdivision Wall 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 ratified and confirmed. Tax Parcels located in the Oak Forest Assessment Area shall have a revised maximum annual Maintenance Assessme~t rate of $_._ per Benefit Unit. SECTION 6. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION AND FINAL ASSESSMENT RESOLUTION. The Initial Assessment Resolution and the Pinal Assessment Resolution, as modified by Sections 4 and 5 hereof, are hereby ratified and confirmed. SECTION 7. APPROVAL OF ASSESSMENT ROLLS. The assessment rolls on file with the City Manager for the Oak Forest Assessment Area are hereby approved. City of Winter Springs Resolution Number 2004-42 Page 3 of 12 Pursuant to Section 197.3632, Florida Statutes, each assessment roll shall be certified and delivered to the Seminole County Tax Collector prior to September 15, 2004, 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 8. ASSESSMENT LIENS. Special assessments imposed within the assessment areas listed on the rolls described in Section 7 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 paid. 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 I, 2004, the lien date for ad valorem taxes. SECTION 9. 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 10. 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 ~ separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 11. 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 on the _ day of September, 2004. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution Number 2004-42 Page 4 of 12 APPENDIX A FORM OF PUBLISHED NOTICE City of Winter Springs Resolution Number 2004-42 Page 5 of 12 To Be Published on or before July 20,2004 [MAP OF OAK FOREST ASSESSMENT AREA] NOTICE OF HEARING TO INCREASE MAINTENANCE ASSESSMENTS AND CERTAIN AMENDMENTS TO THE APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS Notice is hereby given that the City Commission of Winter Springs, Florida, will conduct a public hearing to consider increasing the Maintenance Assessments imposed in the Oak Forest Assessment Area, as shown above, from $24.00 per Benefit Unit to $40.82 per Benefit Unit, and amendment of certain provisions regarding the application of Improvement Assessment proceeds. The public hearing will be held at 6:30pm on August 9, 2004, in the City Hall - Commission Chambers, Winter Springs, Florida. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at (407) 327-1800 at least 48 hours prior to the date of the hearing. All affected property owners have a right. to appear at. the hearing and to file written objections with the City Commission within 20 days of this notice. Any person wishing to appeal any decision of the City Commission with respect to any matter considered will need a record and may wish to ensure that a verbatim record is made. The assessments are imposed to fund capital and maintenance costs for the privacy wall serving the Oak Forest Assessment Area. The project is referred to as the Oak Forest Subdivision Wall. The assessment for each parcel of property within the Oak Forest Assessment Area is based upon the parcel's proximity to the privacy wall measured in "Benefit Units." The assignment of Benefit Units is based on the level of benefit each lot receives from aesthetic and subdivision identity (all lots), noise abatement (lots with the majority of their area within 600 feet of the Oak Forest Subdivision Wall) and glare abatement (lots that abut the Oak Forest Subdivision Wall). A more specific description is set forth in the Initial Assessment Resolution and Final Assessment Resolution adopted by the City Commission on April 10, 2000 and May 10, 2000, respectively. Copies of the Initial Assessment Resolution, Final Assessment Resolution, the plans and specifications for the project, and the assessment rolls are available for inspection at the offices of the City Manager, located at 1126 East State Road 434, Winter Springs, Florida. Annual capital and maintenance assessments to fund the Oak Forest Subdivision Wall are being collected on the ad valorem tax bill for a period of 30 years, commencing with the tax bill mailed in November 2000. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. Future annual capital assessments may be prepaid at the option of the property owner. However, future annual maintenance assessments may not be prepaid. If you have any questions, please contact the City of Winter Springs Beautification Coordinator at: (407) 327-1800 x315. City of Winter Springs Resolution Number 2004-42 Page 6 of 12 APPENDIX B FORM OF MAILED NOTICE City of Winter Springs Resolution Number 2004-42 Page 7 of 12 NOTICE OF HEARING TO INCREASE MAINTENANCE ASSESSMENTS AND CERTAIN AMENDMENTS TO THE APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS _,2004 [Property Owner Name] [Street Address] [City, State and zip] Re: Tax Parcel Number [Insert Number] Benefit Units [Insert Number] Oak Forest Assessment Area Dear Property Owner: Notice is hereby given that the City Commission of Winter Springs, Florida, will conduct a public hearing to consider increasing the Maintenance Assessments imposed in the Oak Forest Assessment Area, from $24.00 per Benefit Unit to $40.82 per Benefit Unit, and amendment of certain provisions regarding the application of Improvement Assessment proceeds. The Oak Forest Assessment Area has been created to provide a privacy wall and related improvements. The project to construct the privacy wall is referred to as the Oak Forest Subdivision Wall. The construction and maintenance costs of the Oak Forest Subdivision Wall are funded by assessments against the property located within the Oak Forest Assessment Area. The construction and maintenance assessments for each parcel of property are based on its proximity to the Oak Forest Subdivision Wall measured in "Benefit Units." The assignment of Benefit Units is based on the level of benefit each lot receives from aesthetic and subdivision identity (all lots), noise abatement (lots with the majority of their area within 600 feet of the Oak Forest Subdivision Wall) and glare abatement (lots that abut the Oak Forest Subdivision Wall). A more specific description of the assessment program is set forth in the Initial Assessment Resolution and Final Assessment Resolution adopted by the City Commission on April 10, 2000 and May 10, 2000, respectively. Copies of the Initial Assessment Resolution, Final Assessment Resolution, the plans and specification for the Oak Forest Assessment Area, and the assessment rolls including the capital and maintenance assessments are available for your review at the offices of the City Manager, located at 1126 East State Road 434, Winter Springs, Florida. The City Commission will hold the public hearing at 6:30pm on August 9, 2004, in the City Hall - Commission Chambers, Winter Springs, Florida, for the purpose of receiving comments on the increase in Maintenance Assessment and the proposed assessments. You are invited to attend and participate in the hearing. You may also file written objections with the City Commission prior to or during the hearing. If you decide to appeal any decision made by the City Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which City of Winter Springs Resolution Number 2004-42 Page 8 of 12 the appeal is to be made. In accordance with the Americans with Disabilities Act, if you need a special accommodation or an interpreter to participate in this proceeding, please contact the City Clerk's office at (407)327-1800 at least 48 hours prior to the date of the hearing. Annual capital and maintenance assessments to fund the Oak Forest Subdivision Wall are being collected on the ad valorem tax bill for a period of 30 years, commencing with the tax bill mailed in November 2000. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. Future annual capital assessments may be prepaid at the option of the property owner. However, future annual maintenance assessments may not be prepaid. If you have any questions, please contact the City of Winter Springs Beautification Coordinator at: (407) 327-1800 x315. City of Winter Springs Resolution Number 2004-42 Page 9 of 12 APPENDIX C PROOF OF PUBLICATION City of Winter Springs Resolution Number 2004-42 Page 10 of 12 APPENDIX D AFFIDAVIT OF MAILING City of Winter Springs Resolution Number 2004-42 Page II of 12 AFFIDA VIT OF MAILING STATE OF FLORIDA COUNTY OF LEON BEFORE ME, the undersigned authority, personally appeared Skip Burnside, who, after being duly sworn, deposes and say: I, Skip Burnside, have been designated by the City Manager of Winter Springs, Florida, to mail the notices required by Section 4.07 of Ordinance No. 98-704, enacted by the City Commission of Winter Springs, Florida on July 27, 1998 (the "Ordinance If). On or before July 20, 2004, I mailed or directed the mailing of, a notice in accordance with Section 4.07 of the Ordinance by first class mail, to each owner of property within the Oak Forest Assessment Area in conformance with the requirements of the Ordinance, 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. Affiant The foregoing instrument was acknowledged before me by Skip Burnside, who is personally known to me or who has produced as identification and did (did not) take an oath. WITNESS, my hand and official seal this _ day of , A.D., 2004. Signature of person taking acknowledgment Name of acknowledger (printed) My commission expires: City of Winter Springs Resolution Number 2004-42 Page 12 of 12 ~'VY)eJ'Lf1 RESOLUTION NO. 2004-42 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE OAK FOREST ASSESSMENT AREA; AMENDING RESOLUTION NO. 2000-06 TO PROVIDE FOR FLEXIBILITY IN THE APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS; AMENDING RESOLUTION NO. 2000- 10 TO INCREASE THE MAXIMUM ANNUAL MAINTENANCE ASSESSMENT; APPROVING THE ASSESSMENT ROLLS FOR THE OAK FOREST ASSESSMENT AREA; ESTABLISHING THE LIEN ASSOCIATED THEREWITH; DIRECTING THAT THE ASSESSMENT ROLLS BE CERTIFIED TO THE SEMINOLE COUNTY TAX COLLECTOR; AND PROVIDING 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 proposed creation of the Oak Forest Assessment Area by its Resolution No. 2000-06, adopted April 10, 2000 (the "Initial Assessment Resolution"); and WHEREAS, pursuant to the Ordinance, the Commission imposed special assessments within the Oak Forest Assessment Area by its Resolution No. 2000-10, adopted on May 10, 2000 (the "Final Assessment Resolution"); and WHEREAS, pursuant to the provisions of the Ordinance, the Commission is required to adopt an "Annual Assess.ment Resolution" during its budget process for each fiscal year to approve the assessment roll for such fiscal year; and WHEREAS, the City desires to provide for greater flexibility in the application of remaining Improvement Assessments (after payment of all Transaction Costs, Collection Costs and payment of principal and interest on Outstanding Obligations) to allow a portion to be used towards Project Costs; and WHEREAS, the consent to make the changes described in the above paragraph has been obtained by all necessary parties, including the owners of any Outstanding Obligations, as required by the terms of such loan documents, if any; and WHEREAS, the City desires to install new landscaping and irrigation along the City of Winter Springs Resolution Number 2004-42 Page I of 12 Oak Forest Subdivision Wall and therefore needs to increase the aimual Maintenance Assessment; and WHEREAS, pursuant to the provisions of the Ordinance, the Commission is required to provide mailed and published notice of, and hold a public hearing regarding, any increase in the Maintenance Assessment which exceeds the maximum amount established by previous notice to the property owners; the forms of which are attached hereto as Appendices A and B, respectively; 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 C and D, respectively; and WHEREAS, a public hearing has been duly held on August 9, 2004 and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance. . 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION 1. RECITALS. The above recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. 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. AMENDMENTS TO, THE INITIAL ASSESSMENT RESOLUTION. (A) The definition of "Capital Cost" set forth in Section 1.01 of the Initial Assessment Resolution is hereby amended to read as follows: SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. *** "Capital Cost" means all of the expenses that are properly attributable to the design and construction of the Oak Forest Subdivision Wall. related caoital imDfovements and imposition of Improvement Assessments under generally accepted accounting principles; and including any reimbursement to the City for any funds advanced for Capital Costs and interest on any interfund or City of Winter Springs Resolution Number 2004-42 Page 2 of 12 intrafund loan for such purposes. *** (B) Section 4.10 of the Initial Assessment Resolution is hereby amended to read as follows: SECTION 4.10.. APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS. Proceeds from the Improvement Assessments received durip.g each Fiscal Year shall be applied by the City for payment of the Improvement Assessment Collection Costs, payment of any Transaction Costs not funded from proceeds of the Obligations, payment of interest due on the Obligations, and payment of principal due on the Obligations. Any remaining proceeds will then be used for prepayment of the Obligations: orovided. however. the Citv mav use a oortion of such remaininQ: oroceeds towards Proiect Costs in the event an Ooinion of Financial Advisor is obtained. The Ooinion of Financial Advisor shall be a written ooinion from the City's financial advisor or investment banker and state that the oortion of remaininQ: oroceeds of the Imorovement Assessments used towards Proiect Costs instead of oreoavrnent of the ObliQ:ations is reasonable and will not have a material adverse effect on the Citv's abilitv to make future interest and orincioal oavrnents on the OutstandinQ: ObliQ:ations. SECTION 5. INCREASE IN MAXIMUM ANNUAL MAINTENANCE ASSESSMENT. The Tax Parcels described in the Maintenance Assessment Roll are hereby found to be specially benefitted by the maintenance of the Oak Forest Subdivision Wall 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 ratified and confirmed. Tax Parcels located in the Oak Forest Assessment Area shall have a revised maximum annual Maintenance Assessment rate of $40.82 per Benefit Unit. SECTION 6. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION AND FINAL ASSESSMENT RESOLUTION. The Initial Assessment Resolution and the Final Assessment Resolution, as modified by Sections 4 and 5 hereof, are hereby ratified and confirmed. SECTION 7. 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 and delivered to the Seminole County Tax Collector prior to September 15, 2004, 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 8. ASSESSMENT LIENS. Special assessments imposed' within the assessment areas listed on the rolls described in Section 7 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 City of Winter Springs Resolution'Number 2004-42 Page 3 of 12 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 of this Resolution and shall attach to the property included on the assessment roll as of January 1, 2004, the lien date for ad valorem taxes. SECTION 9. CONFLICtS. All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. SECTION 10. SEVERABILITY. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 11. EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND DULY ADOPTED by the City Commission of the City of Winter Springs, Florida, this _ day of September, 2004. CITY OF WINTER SPRINGS, FLORIDA (SEAL) By: John F. Bush, Mayor ATTEST: By: Andrea Lorenzo-Luaces, City Clerk APPROVED AS TO FORM By: Anthony A. Garganese, City Attorney City of Winter Springs Resolution Number 2004-42 Page 4 of 12 APPENDIX A FORM OF PUBLISHED NOTICE City of Winter Springs Resolution Number 2004-42 Page 5 of 12 To Be Published on or before July 20, 2004 [MAP OF OAK FOREST ASSESSMENT AREA] NOTICE OF HEARING TO INCREASE MAINTENANCE ASSESSMENTS AND CERTAIN AMENDMENTS TO THE APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS Notice is hereby given that the City Commission of Winter Springs, Florida, will conduct a public hearing to consider increasing the Maintenance Assessments imposed in the Oak Forest Assessment Area, as shown above, from $24.00 per Benefit Unit to $40.82 per Benefit Unit, and amendment of certain provisions regarding the application of Improvement Assessment proceeds. The public hearing will be held at 6:30pm on August 9, 2004, in the City Hall - Commission Chambers, Winter Springs, Florida. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at (407) 327-1800 at least 48 hours prior to the date of the hearing. All affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. Any person wishing to appeal any decision of the City Commission with respect to any matter considered will need a record and may wish to ensure that a verbatim record is made. The assessments are imposed to fund capital and maintenance costs for. the privacy wall serving the Oak Forest Assessment Area. The project is referred to as the Oak Forest Subdivision Wall. The assessment for each parcel of property within the Oak Forest Assessment Area is based upon the parcel's proximity to the privacy wall measured in "Benefit Units." The assignment of Benefit Units is based on the level of benefit each lot receives from aesthetic and subdivision identity (all lots), noise abatement (lots with the majority of their area within 600 feet of the Oak Forest Subdivision Wall) and glare abatement (lots that abut the Oak Forest Subdivision Wall). A more specific description is set forth in the Initial Assessment Resolution and Final Assessment Resolution adopted by the City Commission on April 10, 2000. and May 10, 2000, respectively. Copies of the Initial Assessment Resolution, Final Assessment Resolution, the plans and specifications for the project, and the assessment rolls are available for inspection at the offices of the City Manager, located at 1126 East State Road 434, Winter Springs, Florida. Annual capital and maintenance assessments to fund the Oak Forest Subdivision Wall are being collected on the ad valorem tax bill for a period of 30 years, commencing with the tax bill mailed in November 2000. Failure to pay the assessments will cause a tax certificate to be Issued against the property which may result in a loss of title. Future annual capital assessments may be prepaid at the option of the property owner. However, future annual maintenance assessments may not be prepaid. If you have any questions, please contact the City of Winter Springs Beautification Coordinator at: (407) 327-1800 x315. City of Winter Springs Resolution Number 2004-42 Page 6 of 12 AP}>ENDIX B FORM OF MAILED NOTICE City of Winter Springs Resolution Number 2004-42 Page 7 of 12 NOTICE OF HEARING TO INCREASE MAINTENANCE ASSESSMENTS AND CERTAIN AMENDMENTS TO THE APPLICATION OF IMPROVEMENT ASSESSMENT PROCEEDS _,2004 [Property Owner Name] [Street Address] [City, State and zip] Re: Tax Parcel Number [Insert Number] Benefit Units [Insert Number] Oak Forest Assessment Area Dear Property Owner: Notice is hereby given that the City Commission of Winter Springs, Florida, will conduct a public hearing to consider increasing the Maintenance Assessments imposed in the Oak Forest Assessment Area, from $24.00 per Benefit Unit to $40.82 per Benefit Unit, and amendment of certain provisions regarding the application of Improvement Assessment proceeds. The Oak Forest Assessment Area has been created to provide a privacy wall and related improvements. The project to construct the privacy wall is referred to as the Oak Forest Subdivision Wall. The construction and maintenance costs of the Oak Forest Subdivision Wall are funded by assessments against the property located within the Oak Forest Assessment Area. The construction and maintenance assessments for each parcel of property are based on its proximity to the Oak Forest Subdivision Wall measured in "Benefit Units." The assignment of Benefit Units is based on the level of benefit each lot receives from aesthetic and subdivision identity (all lots), noise abatement (lots with the majority of their area within 600 feet of the Oak Forest Subdivision Wall) and glare abatement (lots that abut the Oak Forest Subdivision Wall). A more specific description of the assessment program is set forth in the Initial Assessment Resolution and Final Assessment Resolution adopted by the City Commission on April 10, 2000 and May 10, 2000, respectively. Copies of the Initial Assessment Resolution, Final Assessment Resolution, the plans and specification for the Oak Forest Assessment Area, and the assessment rolls including the capital and maintenance assessments are available for your review at the offices ofthe City Manager, located at 1126 East State Road 434, Winter Springs, Florida. The City Commission will hold the public hearing at 6:30pm on August 9, 2004, in the City Hall - Commission Chambers, Winter Springs, Florida, for the purpose of receiving comments on the increase in Maintenance Assessment and the proposed assessments. You are invited to attend and participate in the hearing. You may also file written objections with the City Commission prior to or during the hearing. If you decide to appeal any decision made by the City Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which City of Winter Springs Resolution Number 2004-42 Page 8 of 12 the appeal is to be made. In accordance with the Americans with Disabilities Act, if you need a special accommodation or an interpreter to participate in this proceeding, please contact the City Clerk's office at (407)327-1800 at least 48 hours prior to the date of the hearing. Annual capital and maintenance assessments to fund the Oak Forest Subdivision Wall are being collected on the ad valorem tax bill for a period of 30 years, commencing with the tax bill mailed in November 2000. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. Future annual capital assessments may be prepaid at the option of the property owner. However, future annual maintenance assessments may not be prepaid. If you have any questions, please contact the City of Winter Springs Beautification Coordinator at: (407) 327-1800 x315. City of Winter Springs Resolution Number 2004-42 Page 9 of 12 APPENDIX C PROOF OF PUBLICATION City of Winter Springs Resolution Number 2004-42 Page 10 of 12 APPENDIX D AFFIDA VIT OF MAILING City of Winter Springs Resolution Number 2004-42 Page 11 of12 AFFIDAVIT OF MAILING STATE OF FLORIDA COUNTY OF LEON BEFaRE ME, the undersigned authority, personally appeared Skip Burnside, who, after being duly sworn, deposes and say: I, Skip Burnside, have been designated by the City Manager of Winter Springs, Florida, to mail the notices required by Section 4.07 of .ordinance No. 98-704, enacted by the City Commission of Winter Springs, Florida on July 27, 1998 (the "Ordinance "). an or before July 20, 2004, I mailed or directed the mailing of, a notice in accordance with Section 4.07 of the .ordinance by first class mail, to each owner of property within the .oak Forest Assessment Area in conformance with the requirements of the .ordinance, 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 NaT. Affiant The foregoing instrument was acknowledged before me by Skip Burnside, who is personally known to me or who has produced as identification and did (did not) take an oath. WITNESS, my hand and official seal this _ day of , A.D., 2004. Signature of person taking acknowledgment Name of acknowledger (printed) My commission expires: City of Winter Springs Resolution Number 2004-42 Page 12 of 12 CITY OF WINTER SPRINGS OAK FOREST MAINTENANCE FUND -191 FISCAL YEAR 2004-2005 TENTATIVE BUDGET OAK FOREST MAINTENANCE FUND REVENUES & EXPENDITURES -191 ATTACHMENT 8 $24 $0 $24 Projected Original Revised Baseline New Total Account FY 02103 FY 03/04 FY 03/04 FY 03/04 FY 04/05 FY 04/05 FY 04/05 Number Descriplion of Revenues Actual Actual Budget Budget Budget Budget Budget 315100 Assessment Collections $21 ,458 $22,700 $22,700 $22,700 $22,260 $0 $22,260 361100 Interest $632 $500 $500 $500 $200 $0 $200 TOTAL OAK FOREST MAl NT, FUND REVENUES $22,090 $23,200 $23,200 $23,200 $22,460 $0 $22,460 389100 Appropriation from Fund Balance $0 $10,360 $5,800 $13,210 $9,355 $0 $9,355 TOTAL OAK FOREST MAINT. FUND REVENUES AND APPROPRIATIONS FROM FUND BALANCE $22,090 $33,560 $29,000 $36,410 $31,815 $0 $31,815 Projected Original Revised Baseline New Total Account FY 02/03 FY 03/04 FY 03/04 FY 03/04 FY 04/05 FY 04/05 FY 04/05 ~ Description of Expenditures Actual Actual Budget Budget Budget Budget Budget 53111 Legal $0 $5,000 $0 $5,000 $0 $0 $0 53211 Administration Fees $5,500 $6,670 $5,500 $6,670 $5,500 $0 $5,500 53410 Billing Services Cost $108 $150 $150 $150 $851 $0 $851 53680 Unrecognized Gain/Loss $81 $0 $0 $0 $0 $0 $0 54210 Postage $0 $150 $300 $300 $150 $0 $150 54310 Utility Services $1,700 $2,300 $2,000 $2,000 $2,900 $0 $2,900 54682 Repairs & Maint - Grounds $7,825 $9,500 $9,500 $9,500 $9,500 $0 $9,500 55230 Clerk Supplies $0 $50 $50 $50 $50 $0 $50 55251 Repairs & Maint - SignlWalls $1,185 $3,000 $6,000 $6,000 $5,000 $0 $5,000 59130 Transfer to General Fund - Insurance $0 $1,240 $0 $1,240 $1,379 $0 $1,379 59130 Transfer to General Fund - Clerk Fees' $0 $1,900 $1,900 $1,900 $1,900 $0 $1,900 59130 Transfer to Gen Fund - Beautification Coorc!. $0 $2,700 $2,700 $2,700 $2,700 $0 $2,700 59310 Statutory Reserve $0 $900 $900 $900 $1,885 $0 $1,885 TOTAL OAK FOREST MAl NT. FUND EXPENDITURES $16,399 $33,560 $29,000 $36,410 $31,815 $0 $31,815 59990 Appropriation to Fund Balance $5,691 $0 $0 $0 $0 $0 $0 TOTAL OAK FOREST MAl NT. FUND EXPENDITURES AND APPROPRIATIONS TO FUND BALANCE $22,090 $33,560 $29,000 $36,410 $31,815 $0 $31,815 CHANGE IN FUND BALANCE FUND BALANCE - October 1 $19,721 $25,412 $19,021 $25,412 $15,052 $15,052 APPROPRIATION TO (FROM) FUND BALANCE $5,691 ($10,360) ($5,800) ($13,210) ($9,355) $0 ($9,355) FUND BALANCE - September 30 $25,412 $15,052 $13,221 $12,202 $5,697 $5,697 '=clerk time 4 hours 2 times a month at $20/hr incl benefrts New Utility Services: New Repairs & Malnt - Grounds: Add'llrrigation Billing $0 New Landscapellrrigation $0 CITY OF WINTER SPRINGS OAK FOREST MAINTENANCE FUND -191 FISCAL YEAR 2004-2005 TENTATIVE BUDGET OAK FOREST MAINTENANCE FUND REVENUES & EXPENDITURES -191 ATTACHMENT 9 $24 $8 $32 Projected Original Revised Baseline New Total Account FY 02/03 FY 03/04 FY 03/04 FY 03/04 FY 04/05 FY 04/05 FY 04105 Number Descriotion of Revenues Actual Actual Budget Budget Budget Budget Budget 315100 Assessment Collections $21,458 $22,700 $22,700 $22,700 $22,260 $7,880 $30,140 361100 interest $632 $500 $500 $500 $200 $0 $200 TOTAL OAK FOREST MAINT. FUND REVENUES $22,090 $23,200 $23,200 $23,200 $22,460 $7,880 $30,340 389100 Appropriation from Fund Balance $0 $10,360 $5,800 $13,210 $9,355 $0 $9,355 TOTAL OAK FOREST MAINT. FUND REVENUES AND APPROPRIATIONS FROM FUND BALANCE $22,090 $33,560 $29,000 $36,410 $31,815 $7,880 $39,695 Projected Original Revised Baseline New Total Account FY 02/03 FY 03/04 FY 03/04 FY 03/04 FY 04/05 FY 04/05 FY 04/05 Number Descriotion of Exoenditures Actual Actual Budget Budget Budget Budget Budget 53111 Legal $0 $5,000 $0 $5,000 $0 $0 $0 53211 Administration Fees $5,500 $6,670 $5,500 $6,670 $5,500 $0 $5,500 53410 Billing SeIVices Cost $108 $150 $150 $150 $851 $0 $851 53680 Unrecognized GainILoss $81 $0 $0 $0 $0 $0 $0 54210 Postage $0 $150 $300 $300 $150 $0 $150 54310 Utility SeIVices $1,700 $2,300 $2,000 $2,000 $2,900 $0 $2,900 54682 Repairs & Maint - Grounds $7,825 $9,500 $9,500 $9,500 $9,500 $0 $9,500 55230 Clerk Supplies $0 $50 $50 $50 $50 $0 $50 55251 Repairs & Maint - SignlWalls $1,185 $3,000 $6,000 $6,000 $5,000 $0 $5,000 59130 Transfer to General Fund - Insurance $0 $1,240 $0 $1,240 $1,379 $0 $1,379 59130 Transfer to General Fund - Clerk Fees' $0 $1,900 $1,900 $1,900 $1,900 $0 $1,900 59130 Transfer to Gen Fund - Beautification Coord. $0 $2,700 $2,700 $2,700 $2,700 $0 $2,700 59310 Statutory ReseIVe $0 $900 $900 $900 $1,885 $0 $1,885 TOTAL OAK FOREST MAINT. FUND EXPENDITURES $16,399 $33,560 $29,000 $36,410 $31,815 $0 $31,815 59990 Appropriation to Fund Balance $5,691 $0 $0 $0 $0 $7,880 $7,880 TOTAL OAK FOREST MAl NT. FUND EXPENDITURES AND APPROPRIATIONS TO FUND BALANCE $22,090 $33,560 $29,000 $36,410 $31,815 $7,880 $39,695 CHANGE IN FUND BALANCE FUND BALANCE. October 1 $19,721 $25,412 $19,021 $25,412 $15,052 $15,052 APPROPRIATION TO (FROM) FUND BALANCE $5,691 ($10,360) ($5,800) ($13,210) ($9,355) $7,880 ($1,475) FUND BALANCE. September 30 $25,412 $15,052 $13,221 $12,202 $5,697 $13,577 '=clerk time 4 hours 2 times a month at $20/hr incl benefits New Utility SeIVlces: New Repairs & Malnt - Grounds: Add'llrrigation Billing $0 New Landscapellrrigation $0 CITY OF WINTER SPRINGS OAK FOREST MAINTENANCE FUND - 191 FISCAL YEAR 2004-2005 TENTATIVE BUDGET OAK FOREST MAINTENANCE FUND REVENUES & EXPENDITURES. 191 ATTACHMENT 10 $24 $10 $34 Projected Original Revised Baseline New Total Account FY 02/03 FY 03/04 FY 03/04 FY 03/04 FY 04/05 FY 04105 FY 04105 ~ Description of Revenues Actual Actual Budget Budget Budget Budget Budget 315100 Assessment Collections $21 ,458 $22,700 $22,700 $22,700 $22,260 $9,305 $31,565 361100 Interest $632. $500 $500 $500 $200 $50 $250 TOTAL OAK FOREST MAl NT. FUND REVENUES $22,090 $23,200 $23,200 $23,200 $22,460 $9,355 $31,815 389100 Appropriation from Fund Balance $0 $10,360 $5,800 $13,210 $9,355 $0 $9,355 TOTAL OAK FOREST MAl NT. FUND REVENUES AND APPROPRIATIONS FROM FUND BALANCE $22,090 $33,560 $29,000 $36,410 $31,815 $9,355 $41,170 Projected Original Revised Baseline New Total Account FY 02103 FY 03/04 FY 03/04 FY 03/04 FY 04/05 FY 04105 FY 04105 ~ Description of Expenditures Actual Actual Budget Budget Budget Budget Budget 53111 Legal $0 $5,000 $0 $5,000 $0 $0 $0 53211 Administration Fees $5,500 $6,670 $5,500 $6,670 $5,500 $0 $5,500 53410 Billing Services Cost $108 $150 $150 $150 $851 $0 $851 53680 Unrecognized Gain/Loss $81 $0 $0 $0 $0 $0 $0 54210 Postage $0 $150 $300 $300 $150 $0 $150 54310 Utility Services $1,700 $2,300 $2,000 $2,000 $2,900 $0 $2,900 54682 Repairs & Maint - Grounds $7,825 $9,500 $9,500 $9,500 $9,500 $0 $9,500 55230 Clerk Supplies $0 $50 $50 $50 $50 $0 $50 55251 Repairs & Maint - SignlWalls $1,185 $3,000 $6,000 $6,000 $5,000 $0 $5,000 59130 Transfer to General Fund - Insuran~e $0 $1,240 $0 $1,240 $1,379 $0 $1,379 59130 Transfer to General Fund, Clerk Fees. $0 $1,900 $1,900 $1,900 $1,900 $0 $1,900 59130 Transfer to Gen Fund - Beautification Coord. $0 $2,700 $2,700 $2,700 $2,700 $0 $2,700 59310 Statutory Reserve $0 $900 $900 $900 $1,885 $0 $1,885 TOTAL OAK FOREST MAINT. FUND EXPENDITURES $16,399 $33,560 $29,000 $36,410 $31,815 $0 $31,815 59990 Appropriation to Fund Balance $5,691 $0 $0 $0 $0 $9,355 $9,355 TOTAL OAK FOREST MAl NT. FUND EXPENDITURES AND APPROPRIATIONS TO FUND BALANCE $22,090 $33,560 $29,000 $36,410 $31,815 $9,355 $41,170 CHANGE IN FUND BALANCE FUND BALANCE. October 1 $19,721 $25,412 $19,021 $25,412 $15,052 $15,052 APPROPRIATION TO (FROM) FUND BALANCE $5,691 ($10,360) ($5,800) ($13,210) ($9,355) $9,355 $0 FUND BALANCE - September 30 $25,412 $15,052 $13,221 $12,202 $5,697 $15.os2 .=clerk time 4 hours 2 times a month at $20/hr Incl benefits New Utility Services: New Repairs & Maint . Grounds: Add'llrrigation Billing $0 New Landscape/Irrigation $0 '" . CITY OF WINTER SPRINGS OAK FOREST MAINTENANCE FUND -191 FISCAL YEAR 2004-2005 TENTATIVE BUDGET OAK FOREST MAINTENANCE FUND REVENUES & EXPENDITURES. 191 ATTACHMENT 11 $24 $16.82 $40.82 Projected Original Revised Baseline New Total Accou nt FY 02/03 FY 03/04 FY 03/04 FY 03/04 FY 04/05 FY 04105 FY 04/05 ~ Description of Revenues Actual Actual Budget Budget Budget Budget Budget 315100 Assessment Collections $21,458 $22,700 $22,700 $22,700 $22,260 $16,800 $39,060 361100 Interest $632 $500 $500 $500 $200 $0 $200 TOTAL OAK FOREST MAl NT. FUND REVENUES $22,090 $23,200 $23,200 $23,200 $22,460 $16,800 $39,260 3891 00 Appropriation from Fund Balance $0 $10,360 $5,800 $13,210 $9,355 $0 $9,355 TOTAL OAK FOREST MAINT. FUND REVENUES AND APPROPRIATIONS FROM FUND BALANCE $22,090 $33,560 $29,000 $36,410 $31,815 $16,800 $48,615 Projected Original Revised Baseline New Total Account FY 02/03 FY 03/04 FY 03/04 FY 03/04 FY 04/05 FY 04/05 FY 04105 ~ Description of Expenditures Actual Actual Budget Budget Budget Budget Budget 53111 Legal $0 $5,000 $0 $5,000 $0 $0 $0 53211 Administration Fees $5,500 $6,670 $5,500 $6,670 $5,500 $0 $5,500 53410 Billing Services Cost $108 $150 $150 $150 $851 $0 $851 53680 Unrecognized Gain/Loss $81 $0 $0 $0 $0 $0 $0 54210 Postage $0 $150 $300 $300 $150 $0 $150 54310 Utility Services $1,700 $2,300 $2,000 $2,000 $2,900 $2,000 $4,900 54682 Repairs & Maint - Grounds $7,825 $9,500 $9,500 $9,500 $9,500 $7,000 $16,500 55230 Clerk Supplies $0 $50 $50 $50 $50 $0 $50 55251 Repairs & Maint - SignlWalls $1,185 $3,000 $6,000 $6,000 $5,000 $0 $5,000 59130 Transfer to General Fund - Insurance $0 $1,240 $0 $1,240 $1,379 $0 $1,379 59130 Transfer to General Fund - Clerk Fees' $0 $1,900 $1,900 $1,900 $1,900 $0 $1,900 59130 Transfer to Gen Fund - Beautification Coord. $0 $2,700 $2,700 $2,700 $2,700 $0 $2,700 59310 Statutory Reserve $0 $900 $900 $900 $1,885 $0 $1,885 TOTAL OAK FOREST MAl NT. FUND EXPENDITURES $16,399 $33,560 $29,000 $36,410 $31,815 $9,000 $40,815 59990 Appropriation to Fund Balance $5,691 $0 $0 $0 $0 $7,800 $7,800 TOTAL OAK FOREST MAINT, FUND EXPENDITURES AND APPROPRIATIONS TO FUND BALANCE $22,090 $33,560 $29,000 $36,410 $31,815 $16,800 $48,615 CHANGE IN FUND BALANCE FUND BALANCE. October 1 $19,721 $25,412 $19,021 $25,412 $15,052 $15,052 APPROPRIATION TO (FROM) FUND BALANCE $5,691 ($10,360) ($5,800) ($13,210) ($9,355) $7,800 ($1,555) FUND BALANCE. September 30 $25,412 $15,052 $13,221 $12,202 $5,697 $13,497 '=c1erk time 4 hours 2 times a month at $20/hr incl benefits New Utility Services: New Repairs & Malnt - Grounds: Add'llrrigation Billing $2,000 New Landscape/irrigation $7,000 Date: 092004 (Rescheduled from 091304) The following Document relates to Regular "507", and was distributed on 09/20/04 during "Public Input" by resident Joanne M. Krebs NON SPECIFIC 480 53% OAK FOREST STRAW BALLOT RESULTS INCOMPLETE 9 1% o APPROVE REJECT 233 25% APPROVE 192 21% [j[J REJECT o INCOMPLETE o NON SPECIFIC