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HomeMy WebLinkAboutResolution 2013-22 Tuscawilla Assessment Area Phase III - Maintenance CITY OF WINTER SPRINGS, FLORIDA FINAL IMPROVEMENT ASSESSMENT RESOLUTION AND MAINTENANCE ASSESSMENT RESOLUTION FOR THE TUSCAWILLA (PHASE III) ASSESSMENT AREA ADOPTED AUGUST 12, 2013 CITY OF WINTER SPRINGS, FLORIDA RESOLUTION NO. 2013-22 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA RELATING TO THE CONSTRUCTION AND FUNDING OF THE TUSCAWILLA (PHASE III) IMPROVEMENT PROJECT; CREATING THE TUSCAWILLA (PHASE III) ASSESSMENT AREA; IMPOSING SPECIAL ASSESSMENTS AND ESTABLISHING THE MAXIMUM ANNUAL AMOUNT FOR EACH TAX PARCEL; APPROVING THE IMPROVEMENT ASSESSMENT ROLL AND MAINTENANCE ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE ASSESSMENTS; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida (the "City Commission") enacted Ordinance No. 98-704 on July 27, 1998 (the "Ordinance") to provide for the imposition of special assessments to fund (1) the construction of Local Improvements to benefit property located in proposed special assessment areas, and (2) the cost of maintaining such Local Improvements; and WHEREAS, on June 10, 2013, the City Commission adopted Resolution No. 2013-10 (the "Initial Assessment Resolution"), proposing the creation of the Tuscawilla (Phase III) Assessment Area and describing the method of assessing the capital and maintenance cost of the Tuscawilla (Phase III) Improvement Project (as defined therein) against the real property that will be specially benefited thereby, and directing City of Winter Springs Resolution Number 2013-22 Page 1 of 15 preparation of the tentative Improvement Assessment Roll, Maintenance Assessment Roll and provision of the notices required by the Ordinance; and WHEREAS, pursuant to the provisions of the Ordinance, the City Commission is required to confirm or repeal the Initial Assessment Resolution, with such amendments as the City Commission deems appropriate, after hearing comments and receiving objections of all interested parties; and WHEREAS, the Improvement Assessment Roll and the Maintenance Assessment Roll (collectively, the "Assessment Rolls") have heretofore been filed with the City Clerk, as required by the Ordinance; and WHEREAS, as required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as APPENDICES B and C respectively; and WHEREAS, a public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance; and City of Winter Springs Resolution Number 2013-22 Page 2 of 15 WHEREAS, the City Commission of the City of Winter Springs deems that this Final Resolution is in the best interests of the public health, safety, and welfare of the citizens of the City of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. This Final Resolution is adopted pursuant to the Ordinance, Chapter 166, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This Final Resolution is the Final Resolution as defined in the Initial Assessment Resolution. All capitalized terms in this Final Resolution shall have the meanings defined in the Ordinance and the Initial Assessment Resolution. SECTION 3. CREATION OF THE ASSESSMENT AREA. The Tuscawilla (Phase III) Assessment Area is hereby created to include the property described in APPENDIX A hereto. The Tuscawilla (Phase III) Assessment Area is created for the purpose of improving and enhancing the aesthetic beauty, subdivision identity and safety of property located therein by funding the Tuscawilla (Phase III) Improvement Project. City of Winter Springs Resolution Number 2013-22 Page 3 of 15 SECTION 4. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The Initial Assessment Resolution is hereby ratified and confirmed. SECTION 5. APPROVAL OF IMPROVEMENT ASSESSMENT ROLL AND MAINTENANCE ASSESSMENT ROLL. The Improvement Assessment Roll and Maintenance Assessment Roll, which are currently on file with the City Clerk and incorporated herein by reference, are hereby approved. SECTION 6. IMPROVEMENT AND MAINTENANCE ASSESSMENTS. (A) The Tax Parcels described in the Improvement Assessment Roll are hereby found to be specially benefited by construction of the Tuscawilla (Phase III) Improvement Project in the amount of the maximum annual Improvement Assessment set forth in the Improvement Assessment Roll. The methodology for computing annual Improvement Assessments described in the Initial Assessment Resolution is hereby approved. Annual Improvement Assessments computed in the manner described in the Initial Assessment Resolution are hereby levied and imposed on all Tax Parcels described in the Improvement Assessment Roll. Tax Parcels located in the Tuscawilla (Phase III) Assessment Area shall have a maximum annual Improvement Assessment rate of$88.00 per Benefit Unit for a period of twenty (20) years, commencing with the tax bill mailed in November 2013; provided, however, the first year Improvement Assessment rate shall be City of Winter Springs Resolution Number 2013-22 Page 4 of 15 $85.00 per Benefit Unit. The resulting Initial Prepayment is equal to $900.00 per Benefit Unit. (B) The Tax Parcels described in the Maintenance Assessment Roll are hereby found to be specially benefited by the maintenance of the Tuscawilla (Phase III) Improvement Project in the amount of the maximum annual Maintenance Assessment set forth in the Maintenance Assessment Roll. The methodology for computing annual Maintenance Assessments described in the Initial Assessment Resolution is hereby approved. Annual Maintenance Assessments computed in the manner described in the Initial Assessment Resolution are hereby levied and imposed on all Tax Parcels described in the Maintenance Assessment Roll. Tax Parcels located in the Tuscawilla (Phase III) Assessment Area shall have a maximum annual Maintenance Assessment rate of$87.00 per Benefit Unit, commencing with the tax bill mailed in November 2013; provided, however, the first year Maintenance Assessment rate shall be $75.00 per Benefit Unit. (C) Upon adoption of this Final Resolution and the Annual Assessment Resolution for each subsequent Fiscal Year: (1) The annual Assessments shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles, and City of Winter Springs Resolution Number 2013-22 Page 5 of 15 claims until the ad valorem tax bill for such year is otherwise paid in full pursuant to the Uniform Assessment Collection Act. The lien shall be deemed perfected upon adoption by the City Commission of the Annual Assessment Resolution and shall attach to property included on the Improvement Assessment Roll and Maintenance Assessment Roll as of the prior January 1, the lien date for ad- valorem taxes. (2) As to any Tax Parcel that is to be acquired by a public entity through condemnation, negotiated sale or otherwise prior to adoption of the next Annual Assessment Resolution, the Adjusted Prepayment Amount shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles, and claims until paid. The lien shall be deemed perfected upon adoption by the City Commission of the Annual Assessment Resolution and shall attach to the property included on the Improvement Assessment Roll and Maintenance Assessment Roll upon adoption of the Annual Assessment Resolution. SECTION 7. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act. Upon adoption of City of Winter Springs Resolution Number 2013-22 Page 6 of 15 the Annual Assessment Resolution for each Fiscal Year, the City Clerk shall cause the certification and delivery of the Assessment Rolls to the Tax Collector by September 15, in the manner prescribed by the Uniform Assessment Collection Act. SECTION 8. EFFECT OF FINAL RESOLUTION. The adoption of this Final Resolution shall be the final adjudication of the issues presented herein and in the Initial Assessment Resolution (including, but not limited to, the method by which the Assessments will be computed, the Improvement Assessment Roll and Maintenance Assessment Roll, the maximum annual Improvement Assessment, the maximum annual Maintenance Assessment, the levy and lien of the Assessments and the terms for prepayment of the Improvement Assessments) unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action on this Final Resolution. SECTION 9. PREPAYMENT NOTICE. The City Clerk is hereby directed to provide notice by first class mail to the owner of each Tax Parcel described in the Improvement Assessment Roll of the opportunity to prepay all future annual Improvement Assessments, without additional financing cost. The notice, in substantially the form attached as APPENDIX D, shall be mailed to each property owner at the address utilized for the notice provided pursuant to Section 2.03 of the Initial Assessment Resolution. City of Winter Springs Resolution Number 2013-22 Page 7 of 15 SECTION 10. ASSESSMENT NOTICE. The City Clerk is hereby directed to record this Final Resolution as notice of the Assessments in the Official Records Book in the office of the Seminole County Clerk of Courts. The preliminary Improvement Assessment Roll, the Maintenance Assessment Roll, and each annual Assessment Roll shall be retained by the City Clerk and shall be available for public inspection. SECTION 11. SEVERABILITY. If any section, subsection, sentence, clause, phrase, word, or portion of this Final Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 12. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION 13. EFFECTIVE DATE. This Final Resolution shall take effect immediately upon its passage and adoption. City of Winter Springs Resolution Number 2013-22 Page 8 of 15 PASSED AND DULY ADOPTED by the City Commission of the City of Winter Springs, Florida, this 12th day of August, 2013. CITY COMMISSION OF WINTER SPRINGS, FLORIDA (SEAL) :B -' �� BY: Charles Lacy, Mayor ATTEST: �---- By: Any:rho-Luaces, City Clerk APPROVED AS TO FORM BY THE WINTER SPRINGS CITY ATTORNEY By: Anthony A. Garganese, City Attorney City of Winter Springs Resolution Number 2013-22 Page 9 of 15 APPENDIX A DESCRIPTION OF TUSCAWILLA (PHASE III) ASSESSMENT AREA (1) Tuscawilla Unit 12, as recorded in Plat Book 28, Pages 98-102, of the public records of Seminole County, Florida; and (2) Tuscawilla Unit 12A, as recorded in Plat Book 27, Page 22, of the public records of Seminole County, Florida; however, excluding parcel numbers 08-21-31-5GT- 0000-0310 and 08-21-31-5GT-0B00-0000. 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' c€ Lit'.. .t City of Winter Springs Resolution Number 2013-22 Page 11 of 15 APPENDIX C AFFIDAVIT OF MAILING STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, the undersigned authority, personally appeared Steven Richart, who, after being duly sworn, deposes and say: I, Steven Richart, have been designated by the City Clerk of Winter Springs, Florida, to mail the notices required by Section 2.03 of Resolution No. 2013-10, adopted by the City Commission of Winter Springs, Florida on June 10, 2013 (the "Initial Assessment Resolution"). On or before July 23, 2013 I mailed or directed the mailing of, a notice in accordance with Section 2.03 of the Initial Assessment Resolution by first class mail, to each owner of property within the Tuscawilla (Phase III) Assessment Area in conformance with the requirements of Ordinance No. 98-704, enacted by the City Commission of Winter Springs, Florida, at the address shown on the real property assessment tax roll maintained by the Seminole County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. FURTHER AFFIANTS SAYETH NOT. (/ I1� Affiant STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me by Steven Richart, who is personally known to me or who has produced as identification and did (did not take an oath. City of Winter Springs Resolution Number 2013-22 Page 12 of 15 WITNESS, my hand and official seal t p day of/1 t 44;A.D., 2013. 4A-Almarbil ! ignature of person taking acknowledgment Nele: 4:, n4 M. Cra r't'-c Name of acknowledger(printed) My commission expires: 3 City of Winter Springs Resolution Number 2013-22 Page 13 of 15 APPENDIX D FORM OF PREPAYMENT NOTICE CITY OF WINTER SPRINGS, FLORIDA [Insert Date] [Property Owner Name] [Street Address] [City, State and Zip] RE: Parcel I.D. Number [Insert Number] Tuscawilla (Phase III) Assessment Area Dear Property Owner: On August 12, 2013, the City Commission of Winter Springs, Florida created the Tuscawilla (Phase III) Assessment Area and imposed special assessments against property within the Tuscawilla (Phase III) Assessment Area to (1) fund the Tuscawilla (Phase III) Improvement Project which provides restorative work to be completed on the existing 4.7-foot high brick style subdivision wall, and (2) fund the related maintenance costs associated with the Tuscawilla (Phase II) Improvement Project including cleaning, repairing, and similar services as well as the installation and maintenance of drought tolerant landscaping near the existing subdivision wall. Annual capital assessments will be payable for a period of twenty (20) years. Both the capital assessment and the maintenance assessment will be placed on the tax bill commencing with the tax bill mailed in November 2013. As described in our previous letter, the assessment for each parcel of property within the Tuscawilla (Phase III) Assessment Area will be based on the number of benefit units per parcel of property "BUs." The assignment of BUs is based on the level of benefit each lot receives from the level aesthetic beauty, subdivision identity and enhanced safety as a result of the Tuscawilla (Phase III) Improvement Project. YOU MAY CHOOSE TO PREPAY THE CAPITAL PORTION OF YOUR ASSESSMENT, WITHOUT FINANCING COST, AT ANY TIME PRIOR TO AUGUST 30, 2013. The table below shows the number of BUs attributable to your property and the amount necessary to prepay the capital portion of your assessment. City of Winter Springs Resolution Number 2013-22 Page 14 of 15 Number of BUs for your property: Prepayment Amount: BUs at $ = $ If you choose to prepay, please deliver your check payable to the City of Winter Springs to 1126 East State Road 434, Winter Springs, Florida 32708 ON OR PRIOR TO AUGUST 30, 2013. If you do not choose to prepay, the first annual capital assessment, along with your annual maintenance assessment, will appear on the ad valorem tax bill mailed to you in November 2013. THE ASSESSMENT MAY BE PREPAID FOLLOWING AUGUST 30, 2013; HOWEVER, THE PREPAYMENT AMOUNT WILL BE INCREASED TO COVER THE CITY'S FINANCING COST. If you have any questions, please contact the City Manager's office at (407) 327- 1800. WINTER SPRINGS, FLORIDA City of Winter Springs Resolution Number 2013-22 Page 15 of 15 FLORIDA DR-408A N. 02/91 DEPARTMENT OF REVENUE CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I, the undersigned, hereby certify that I am the Chairman of the Board, or authorized agent of City of Winter Springs , located in Seminole County, Florida; as such, I have satisfied myself that all property included or includable on the Non-Ad Valorem Assessment Roll for the aforesaid county 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 to the property listed therein have been made pursuant to law. I further certify that, upon completion of this certificate and the attachment of same to the herein described Non-Ad Valorem Assessment Roll as part thereof, said Non-Ad Valorem Assessment Roll will be delivered to the Tax Collector of this county. In witness whereof, I have subscribed this certificate and caused the same to be attached to and made a part of the above described Non-Ad Valorem Assessment Roll this the 12th day of August 2013 year .irman ofth- :oaf .athorizedagent of City of Winter Sp.tings Name of local government Seminole County, Florida 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 Tuscawilla Units 12/12A Service and Improvement Areas 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 to 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, 2013. 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 15th day of August, 2013. Tuscawilla Units 12/12A Service and Improvement Assessment Area Total Units 12/12A Improvement Assessment Total Parcels 88 Units 12/12A Improvement Total Annual Assessment $7,633 Units 12/12A Maintenance Assessment Total Parcels 88 Units 12/12A Maintenance Total Annual Assessment $6,735 , CITY OF WINTER SPRINGS, FLORIDA By: --- � „ Mayo.