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Home My WebLink AboutResolution 2012-42 Uniform Method of Collecting Non-Ad Valorem 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: (i) 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: (i) 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: / i, C`_e'rles Lacey, Ma..y ATTEST: By 1,j _ ✓�. orenzo-Luaces, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER RINGS 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 Sentinel City Of Winter Springs 1126 E STATE ROAD 434 WINTER SPRINGS, FL 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 • . 0 g off • copy of advertisement, being a Public Hearing in the matter of As " °` Minter Sprinpe•Flo ida(the`City 1' December 10, 2012 in the Seminole County , was published in said hereby nvldes npflee; urs0a t to section'197.3632(31`0),•Florida fort-:: utes of tss Intent.to use the uniform newspaper in the isaue(s); of method of•collecting non-ad volarem special rise rents tQ be levied over a;num(er.o Years.W thin eertaln ar eas of theincorporatad area:of:tte: 11/12/12 11/19/12 11/26/12 arty Tncpie„rlathe:aaddition the: ly exciudf°I le at-aere-pievidusla:. 12/03/12 to fu de the a spot street lighting,:st n:. nanceaan (pia refa ranlwa(new as..• ranee a (TF Cfeat tlit of a of r as- s!ismMMt area 14 cti trip cost of echo bil 010.p/canstrUC ing:portions of a privacy waif anti eel�ted-a�(nual id , • Affiant further says that the said Orlando Sentinel is a newspaper teflandei each f me'Ftseal ear gt nl at pctbpbr 1 2013 The published in said Seminole County, Florida, and that the said wi?t`"slier the the u,°f{i r netts t en a ectin0 Ya use t uniform Meth rid of coiiecting uch a e ts':au newspaper has heretofore been continuously published in said "� `te owo•pu l 1 grIngW e y P s 6 15 e�M°pu ifa hearing fu be; Id ,or asi soon hereafter.as Seminole County, Florida, each week day and has been entered as bee matter tnt ,hem. , ion Chem ' her 10 2gtt nt the Colston Ct�at(i l bars at City Ha 1 1126 East St°fe dad second-class mail matter at the post office in said Seminole County ;sv "ntl pwil 1,$= heneed;hi Such rthi S I ei ¢?h4 ot•ea OO:. the levy an will contain a I ai'de•:. Florida, for a period of one year next preceding the first publication propeity°f ttie bo the ilea,Copt real i propel tic wbledt t°the,IevY Coptee or y, P y P g P the proposed form of Yesolutjon which of the attached copy of advertisement; and affiant further says that pro hiy sue t torthe le o6 he< real properlysubpeet to.the leW a t aR file at 11 Of jce he CIty.Clara> City Hall,i126 East Stayf�oad/3¢ s/he has neither paid nor promised any person, firm or corporation Winter:Spr' is aliorida.32 to ll in— any discount, rebate, commission or refund for the purpose of fR tte eveotr any person decides to . appeo any-decision by;the City wilh respect_tabny matter relating(ta.flie securing this advertisement for publication in the said newspaper. cbns refeton:o the TTe matorY er• e g publication P P obove,referepext pgblic heOYintr,::a re• >cord of the proceeding may be needed and l such an event fuck o roan may need to ensued that,a.'verbatim PeCord at:tie public a rl g i made ht The foregoing instrument was acknowledged before me this deuce n.:whIc "'Roeoi s Io be dente on which t• dp ehl it based In accords witch Ihe,Amerl cons with Olsabiiit Act persons day of December, 2012, Pam L. Davis/Tamela needing a speclaf aecntmadot( or an interpreter o.participate i his Vargas/Deborah M. Toney, who is personally known.to me and who �o 000, e .h ou P the did take an oath. • CSE1211827 . ,11112:1926 t14120i2.: AI ' ' tWTO& i sea ogv.; DEBORAH M.To's! `.` ' NOTARY PUBLIC- . r. i :'4,. STATE OF FLOR11)?.. i<4'Conine OD338521 gilt 1''. . xpir 8'i1(?fl120I% 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