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HomeMy WebLinkAbout2004 08 09 Public Hearings 400 COMMISSION AGENDA ITEM 400 CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR August 9, 2004 Meeting iL'lJ/lA- @ MGR bJ Q /DEPT ~ 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; App~oves 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. 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 hnprovement 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 of 2 . 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; AMENIDING 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 hnprovement 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 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 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 hnprovement 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 hnprovement 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 remainilll! 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 hnorovement Assessments used towards Proiect Costs instead of oreoavrnent of the Oblil.?: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 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 ofthe 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 AREAl 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 hnprovement 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 x3l5. 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 hnprovement 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 of30 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 x3l5. 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 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 RoU (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 ,t 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 Date: 080904 The following Document was distributed by Michelle Greco on 08/09/04 during Public Hearings "400" COMMISSION AGENDA ITEM 306 CONSENT INFORMATIONAL X PUBLIC HEARING REGULAR March 8. 2004 Meeting MGR IDEPT Authorization REQUEST: Public Works Department wishes to inform the Commission of the recommendation of the Oak Forest Wall and Beautification Committee to ~ . . . provide additional landscaping and irrigation along the Oak Forest Wall. PURPOSE: This agenda item is needed to inform the Commission regarding recommendations for additional landscaping and irrigation by the Oak Forest Wall and Beautification Committee that the City Commission will be considering during upcoming budget meetings and adoptions and also resolutions for increasing the maintenance assessment. CONSIDERATIONS: The Oak Forest Capital Improvement Construction Fund Program was designed to provide wall and landscaping improvements for the Oak Forest community. This program provided three primary benefits: Noise Abatement, Light Abatement, and Beautification. After the original scope of the project was completed, there were considerable savings on construction costs and fees. The Advisory Committee is recommending additional improvements to further enhance the overall project which include more landscaping and irrigation installations along" the Oak Forest Wall at an estimated cost of $80,000. The current Capital Assessment fees will not increase due to this additional work but the maintenance assessment would if these improvements are approved. It is estimated that the Annual Maintenance Assessment would be increased from $26.00 to $42.00 per B.U. (benefit unit), which is needed to fund the maintenance of new landscaping and irrigation installations. Staff will presenting the details of the capital improvement budget during the upcoming budget workshops. , March 8, 2004 Regular Agenda 306 Page 2 of6 Projected Cost Schedule Capital Costs Landscaping Irrigation Design and Plans Bid Advert. NG&N Cert. Mailings Contingency (10%) Total $35,500.00 $29,450.00 $950.00 $200.00 $5,000.00 $1,168.75 $7,226.88 $79.495.63 Additional Maintenance ~ &1DJ!.gJ Landscape and Irrigation Fertilization and Pest Water Billing Water Billing New Existing Total Maint. Additional $4,500.00 $1,950.00 $650.00 $900.00 $8.000.00 RECOMMENDATION: No recommendation for action at this time. IMPLEMENTATION SCHEDULE: Government Services Group (GSG) is currently calculating the impact to the maintenance assessment. The City Commission will have the opportunity to consider this project during the budget workshop and Public Hearing regarding the Amended Final Resolution and Adoption of the New Assessment Roll. Construction of the project could begin first quarter of2005. ATTACHMENTS: 1. GSG - Improvements program revision of maintenance costs letter. 2. Conceptual photo of landscaping enhancements. COMMISSION ACTION: No action required at this time. March 8, 2004 Regular Agenda 306 Page 3 of6 Attachment No.1 GSG Government Services Group, Inc. Dedicated to $otvlnll funding and sewke defivery issuea In the public sector :;..... "II,U,.I '.....'1.10.... ';,,', tit. r,u" 1500 Mahan OfIve, Suilll250 . Ten.huMe, FL 32308. Phone (850) 881.3717 . Fax (850) 224-7206 . E-mail: lIIllCllDOYSel.t/.com ' January 15,2004 Kipton D. Lockcuff, P.E Director of Public Works City of Winter Springs 1126 East S.R. 434 Winter Springs, FL 32708 Re: Oak Forest Wall Neighborhood Improvements Assessment Program Revision of Maintenance Costs for Fiscal Year 2004- 05 Mr. Lockcuff: Winter Springs has completed its fourth year of the annual assessment program for the Oak Forest Wall initiated in Fiscal Year 1999-2000. Govemment SeNices Group, Inc. (uGSG") and NabOrs, Giblin & Nickerson, PA ("NG&N") are pleased to have assisted Winter Springs in undertaking and successfully implementing this recurring revenue source. It isGSG and NG&N's understanding that the City wants to revise the maintenance budget associated with this project. It is our further understanding that this revision will not result in a change in the service area nor any change in the capital budget associated with the walrs construction. As we have previously discussed. this revision will not cause the City to have to revisit the Notice of Intent process, To move forward with this change in the project and to revise the rates GSG will need a revised copy of the maintenance budget at your earliest convenience. Once we have that information, we can calculate an assessment budget and recalculate the rates for the maintenance portion of this project, Once the rates have been recalculated GSG can prepare first class notices to inform the property owners within this service area of the rate change. We would recommend a public hearing date sometime in mid to late July or August. This March 8, 2004 Regular Agenda 306 Page 4 of6 Mr. Klpton D. Lockcuff, P.E. January 15. 2004 Page Two will enable the City to adopt an amended resolution to renect the rate change at the same time the City certifies the non.ad valorem assessment roll to the Tax Collector for the Oak Forest Wall service area. Per our earlier discussion the costs (in addition to our current agreement with the City for continuing annual services related to the Oak Forest Wall project) to the City to revise the rates, write an amended resolution, attend the public hearing and send out first class notices to the property owners are: $5,000 for NG&N to review the existing documentation, review rates. prepare' an amended resolution and attend the public hearing; and, $1.25 per first class notice to GSG to create and send out the notices. The cost of calculating the revised rate and certifying the roll to the Tax Collector is covered in GSG's original agreement with the City. The execution of this letter agreement indicates acceptance of this proposal and Notice to Proceed. Upon execution of this agreement, please provide us with one signed copy for our flies. We look forward to working with the City of Winter Springs on this important project. If you have any questions or need further information, please feel free to call me. ~ /mlm Attachments Cc: Chris Traber. Nabors, Giblin & Nickerson, P.A. Judy Cooper. Controller/Interim Finance Director, City of Winter Springs March 8, 2004 Regular Agenda 306 Page 5 of6 Mr. Kipton D. Lockcuff, P.E. January 15,2004 Page Four ANNUAL ASSESSMENT PROGRAM Critical Events Sehedule (reVised Jan. 14,20(4) Event Schedule January/Feb. 2004 Notice to Proceed Revision of Maintenance Budget Feb. - May 2004 Calculate Revised Maintenance Rates Feb. - May 2004 Send First Class Notices (at least 20 days prior to date of Public Hearing) May - June 2004 Hold Public Hearing for Amended Final Resolution and Adopt the Assessment Roll Certify Annual Assessment Roll August 2004 August-September 2004 . , , March 8, 2004 Regular Agenda 306 Page 6 of6 Attachment No.2 - Conceptual rendering of sect/onallandscape design along Oak Forest Wall- Tuskawilla Road.