HomeMy WebLinkAbout2012 12 10 Public Hearing 506 - Resolution 2012-42, Notice of Intent to Collect Special Assessments COMMISSION AGENDA
Informational
Consent
ITEM 506 public Hearings X
Regular
December 10, 2012 KS RS
Regular Meeting City Manager Department
REQUEST:
The Community Development Department, Urban Beautification Services Division, is
requesting that the City Commission approve Resolution 2012-42 for the potential levy of
Non-Ad Valorem Special Assessments over certain areas of the City commencing in
November 2013.
SYNOPSIS:
Currently, the City collects special assessments through the annual property tax bill for the
Tuscawilla Lighting and Beautification District (TLBD) and the Oak Forest Wall and
Beatification District (OFWBD). The City Commission recently approved moving forward
with the establishment of a new special assessment program for the Tuscawilla Units
12/12A Wall at their November 19th, 2012 Special Meeting. Additionally, several parcels
in Tuscawilla have been or are in the process of being developed which benefit from
facilities and services provided within the existing TLBD Special Assessment Program and
thus should be paying special assessments. Resolution 2012-42 is presented to meet the
legal requirements per Florida Statues to enable the City to utilize and collect assessments
for this purpose.
CONSIDERATIONS:
Florida Statutes, Section 197.3632, as amended, provide the ability for local governments to
utilize the uniform method of collecting non-ad valorem special assessments to fund the
cost of facilities and services including, but not limited to: street lighting, signs,
landscaping, water features, walls and other enhancements.
The following may potentially be included in Non-ad Valorem Special Assessments
Public Hearings 506 PAGE 1 OF 3- December 10,2012
commencing in November 2013, subject to City Commission approval:
Tuscawilla Units 12/12A Wall:
1. Between 87 to 92 Units as part of the TLBD Phase 3 - Wall Program
Tuscawilla Lighting and Beautification District:
1. Greens at Tuscawilla - 60 parcels platted for this new subdivision with several homes
currently under construction.
2. As part of a review of the Tuscawilla PUD, Staff has identified up to 56 various
parcels that were not included as part of the original or ongoing assessment program.
Several of the subject parcels were developed after creation of the TLBD and
some may not have been included in the program for unknown reasons. Staff is
currently working with the assessment consultants to verify which parcels should be
included in the assessment.
FISCAL IMPACT:
The fiscal impact of potential assessments related to Resolution 2012-42 are as follows:
Tuscawilla Units 12/12A Wall (Special Revenue Fund)
. Combined, the Capital and Maintenance Assessments may total between $16,500 to
$19,300 annually (less statutory discount and tax collector costs), depending upon
outcomes of the establishment study, costs and rate approval by the City
Commission.
Tuscawilla Lighting and Beautification District(Special Revenue Fund 184)
• Greens at Tuscawilla - At the current maintenance assessment rate of$120/ERU, 60
parcels would add $7,200 annually (less statutory discount and tax collector costs) in
maintenance revenue.
• At the current maintenance assessment rate of $120/ERU, 56 Various parcels
(assuming all are valid for inclusion)would add $6,576 annually (less statutory
discount and tax collector costs) in maintenance revenue.
• It is not likely that a Capital Assessment can be collected for the additional parcels.
All assessments and final rates will be presented to the City Commission for approval at the
August 12, 2013 City Commission Meeting.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas/Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
Public Hearings 506 PAGE 2 OF 3- December 10,2012
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
The required Non-binding Notice of Intent was advertised in the Orlando Sentinel on
November 12th, 19th, 26th, and December 3rd, 2012.
RECOMMENDATION:
The Community Development Department, Urban Beautification Services Division, is
recommending that the City Commission approve Resolution 2012-42 for the potential levy
of Non-Ad Valorem Special Assessments over certain areas of the City commencing in
November 2013.
ATTACHMENTS:
A) Resolution 2012-42
Public Hearings 506 PAGE 3 OF 3- December 10, 2012
CITY OF WINTER SPRINGS, FLORIDA
RESOLUTION NUMBER 2012-42
A RESOLUTION OF WINTER SPRINGS, FLORIDA,
ELECTING TO USE THE UNIFORM METHOD OF
COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS
LEVIED WITHIN CERTAIN AREAS OF THE
INCORPORATED AREA OF THE CITY; STATING A NEED
FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida (the
"City"), is contemplating the imposition of non-ad valorem special assessments to be
levied over a number of years within certain areas of the incorporated area of the City
including: (1) the addition of certain properties that now benefit from the construction of
street lighting, sign installation and related maintenance; and (ii) creation of a new special
assessment area to fund the cost of rehabilitating/constructing portions of a privacy wall
and related annual maintenance; and
WHEREAS, the City intends to use the uniform method for collecting non-ad
valorem special assessments imposed over a number of years for the cost of providing
such facilities and services to property within the City described herein, as authorized by
section 197.3632, Florida Statutes, as amended, because this method will allow such
special assessments to be collected annually commencing in November 2013, in the same
manner as provided for ad valorem taxes; and
WHEREAS, the City held a duly advertised public hearing prior to the adoption
of this Resolution, proof of publication of such hearing being attached hereto as
EXHIBIT A; and
WHEREAS, the City 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. STATEMENT OF INTENT. Commencing with the Fiscal
Year beginning on October 1, 2013, and with the tax statement mailed for such Fiscal
Year, the City intends to use the uniform method of collecting non-ad valorem
City of Winter Springs
Resolution Number 2012-42
Page 1 of 3
assessments authorized in section 197.3632, Florida Statutes, as amended, for collecting
special assessments imposed over a number of years to fund the cost of providing: (1)
street lighting, sign installation and related maintenance; and (ii)
rehabilitation/construction of portions of a privacy wall and related annual maintenance.
Such non-ad valorem assessments may be levied within certain areas of the incorporated
area of the City. Legal descriptions of such potential areas are attached hereto as
EXHIBIT B and incorporated herein by reference.
SECTION 2. DETERMINATION OF NEED. The City hereby
determines that the levy of such non-ad valorem assessments is needed to fund the cost of
the above-described projects within the areas described in EXHIBIT B hereto and that, if
imposed, the special assessments need to be collected on the ad valorem tax bill to ensure
efficient collection of such funds.
SECTION 3. NOTICE. Upon adoption, the City Clerk is hereby directed
to send a copy of this Resolution by United States mail to the Florida Department of
Revenue, the Seminole County Tax Collector, and the Seminole County Property
Appraiser by January 10, 2013.
SECTION 4. CONFLICTS. All prior resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
SECTION 5. 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 6. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its passage and adoption.
[The remainder of this page intentionally left blank.]
City of Winter Springs
Resolution Number 2012-42
Page 2 of 3
RESOLVED BY the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled this 10th day of December, 2012.
CITY OF WINTER SPRINGS, FLORIDA
(SEAL) By:
Charles Lacey, Mayor
ATTEST:
By:
Andrea Lorenzo-Luaces, City Clerk
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY FOR THE CITY OF
WINTER SPRINGS ONLY:
By:
Anthony A. Garganese, City Attorney
City of Winter Springs
Resolution Number 2012-42
Page 3 of 3
Exhibit 'A' - Proof of Publication Orlando Sentionel
City Of Winter Springs
1126 E STATE POAD 434
WIL'I'ER SPRINGS, F , 32708-2715
Before the undersigned authority personally appeared Pam L.
Davis/Tamela Vargas/Deborah M. Toney, who on oath says that s/he
is the Legal Advertising Representative of Orlando Sentinel, a daily
newspaper published in Seminole County, Florida; that the attached N'0710E 0 INTENT SSE HNIFlIiI(1
METHOD 0 l[ILtECT1Ntl NON A6 VAL(t11EM
copy of advertisement, being a Public Hearing in the matter of ASSESSMENTS
'
w'inter5pQrI9S Florida(ihe"City"l
December 10, 2012 in the Seminole County was published in said heaby pray€des notice pnrwant to
.section 197.3632(3i(al; FloridgStctt-
utes of its:Intent#acuse the uniform
method allolfecting:non-ad-valorem
newspaper in the issue(s); a special:assessments to be levied.aver
'arnumher of years-.within certclirl ar `. t
eas of the:incorpora.ted area of fhe
City The f3atentia{_specia€ isSeSSme It.1
11/12/12 11/19/12 11/26/12 areas include (i)the gdtlehon of ter
toin.propertlos tflatr were_prevloU5ly.
!'1 excluded ln:a spacial?assessment-aroa`
12/03/12 to fund-the cost of street lighting;sign'
installation and related.an. mainte
'.�nance;:�tlnd;-:G0'creation of a-.newnas':
.!sessmenYarea to.fund:fhe cast of reho-'.;
°bilitd4lnslcnnsPructIn? portions.-of a.
Affiant further says that the said Orlando Sentinel is a newspaper privacy wall and related".1 - rr ain
tenance,each far taeFFSCaI year 4e
the on octbper 1,;2(113 the City
published In said Seminole County nd that the Sold will consider the adoption of q resolu
,tjan el,nrs; to use fhe•.unifarm-ttleih
> Florida,> od of collecting such assessments au
q -fhari2ed by�sec' n,197 36"2, orIda:
newspaper has heretofore been continuously published in said SYtlfufes at a 0,1'1e tleaYln9 Eq be held
at.5 15 P M:5 er gssoo.n theroaffer as
fhe matter ma be hoard on Decem
Seminole County each week day and has been entered as be 16 2012;at the Carnmission Char
n,
Florida, bets at City,HpR 1126gEast StateRaad`
434 Winter Sprin s,'EFlorrda'327€IB
second-class mail matter at the post office in said Seminole County, the levy. d j]. S afe the need for,
the levy and wi€I contain a leggs!de
scrrphon of;the boundaries of ihe real
Florida for a period of one year next preceding the first publication property subject to theslevy +males of
tta proposed form of Yesoluhon whfch
contains-fhe legal descri hen of the,
of the attached copy of advertisement; and affiant further says that real property sublect.to tie levy;'are
an'fife at fhe Office of the CiPy Clerk
:City Haiti-1126,East-State Raadr434
s/he has neither paid nor promised any person firm or corporation Winter Springs, Florida 32765: All in-
9 �ferested persons are invited to attend.
any discount, rebate, commission or refund for the purpose of In.1he event any pei'9.1 n te decides with to
-appeal any:decision by GPy'
respect to.anv matter:-relating to the
securing this advertisement for publication in the said newspaper. consitlre1e1 n of the resolution at the
above referenced public hearing;d cord of the'prnceed ngima,he;naeded;-'
and In such'an evenf,..such gson-may
need to ensure that a verbatimr'recard
of:the public hearmg':is made,which
The foregoing instrument was acknowledged before me this retard includes the tes4imonv and<evi
'dente on:whlch the appeal fo be
based. In accordance with fhe Rfneri
tens with Disabilities:AcP persons.
day of December, 2012 Pam L. Davis/Tamela needing g special aacbmmadatn t or,,
> > an in#erpre or to participtlte in this
Vargas/Deborah M. Toney who is personally known to me and who 4a»3e 8 least 48 ovine.ion ra
> ;ihe date of the Public hearing
did take an oath. CSE1211E27 11/121925 1273/2012'
sea DF_E'0 V—I M.TOM"
NOTARY MOW-
119/20 1
1211827
EXHIBIT B
LEGAL DESCRIPTIONS OF POTENTIAL AREAS
(1) The Greens at Tuscawilla, as recorded in Plat Book 76, Pages 58-61, of the public
records of Seminole County, Florida.
(2) Tuscawilla Unit 12, as recorded in Plat Book 28, Pages 98-102, of the public
records of Seminole County, Florida.
(3) Tuscawilla Unit 12A, as recorded in Plat Book 27, Page 22, of the public records
of Seminole County, Florida.
(4) Fox Glen at Chelsea Parc, Tuscawilla Phase 2, as recorded in Plat Book 55, Pages
37-39, of the public records of Seminole County, Florida.
(5) Tract G, The Reserve at Tuscawilla, Phase I, as recorded in Plat Book 48, Pages
31-40, of the public records of Seminole County, Florida.
(6) Reserve at Tuscawilla, Phase I-A, as recorded in Plat Book 58, Pages 99-100, of
the public records of Seminole County, Florida.
(7) Lots 7 and 8, Block 12, and Lot 3, Block 24, Casa Park Villas Phase I, as recorded
in Plat Book 29, Pages 34-35, of the public records of Seminole County, Florida.
(8) Lot 9, Fairway Oaks Unit 1, as recorded in Plat Book 23, Pages 96-98, of the
public records of Seminole County, Florida.
B-1