HomeMy WebLinkAboutResolution 2013-21 Tuscawilla and Oak Forest Assessment Tax CITY OF WINTER SPRINGS, FLORIDA
RESOLUTION NUMBER 2013-21
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, APPROVING
ASSESSMENT ROLLS FOR VARIOUS ASSESSMENT
AREAS ESTABLISHED PURSUANT TO ORDINANCE
NO. 98-704; APPROVING THE INCLUSION OF
ADDITIONAL PARCELS IN SUCH ASSESSMENT
AREAS IN ACCORDANCE WITH ORDINANCE NO. 98-
704; 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 created and imposed
special assessments within the Tuscawilla Improvement Area on August 23, 1999, the
Tuscawilla Service Area on August 23, 1999, the Oak Forest Assessment Area on May
10, 2000 and the Tuscawilla (Phase II) Assessment Area on November 14, 2005; and
WHEREAS, the City has discovered certain parcels of property within the
Tuscawilla Service Area and Tuscawilla (Phase II) Assessment Area that were not
previously included in the assessment rolls due to the splitting of existing parcels and
other various reasons (the "Additional Parcels"); and
WHEREAS, pursuant to the provisions of the Ordinance, the Commission is
required to provide published and mailed notice to, and hold a public hearing regarding,
any other properties to be included in the assessment areas; and
City of Winter Springs
Resolution Number 2013-21
Page 1 of 7
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 A and B, respectively; and
WHEREAS, a public hearing has been duly held with respect to the inclusion of
the Additional Parcels and comments and objections of all interested persons have been
heard and considered as required by the terms of the Ordinance; and
WHEREAS, the City finds it fair and reasonable to include such parcels in the
maintenance assessment rolls in order to provide a fair and reasonable allocation of the
maintenance cost associated with the Tuscawilla Service Area and Tuscawilla (Phase II)
Assessment Area; 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 Commission deems that this Resolution is in the best interests of
the public health, safety and welfare of the citizens of the City of Winter Springs, Florida.
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 deemed 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. APPROVAL OF ADDITIONAL PARCELS AND
ASSESSMENT ROLLS. The assessment rolls on file with the City Clerk for the
Tuscawilla Improvement Area, the Tuscawilla Service Area, the Oak Forest Assessment
Area and the Tuscawilla (Phase II) Assessment Area, including the Additional Parcels,
are hereby approved. Pursuant to Section 197.3632, Florida Statutes, each assessment
roll shall be certified to the Seminole County Tax Collector prior to September 15, 2013,
City of Winter Springs
Resolution Number 2013-21
Page 2 of 7
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 5. ASSESSMENT LIENS. Special assessments imposed
within the assessment areas listed on the rolls described in Section 4 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 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 of this Resolution and shall attach to the property included on the assessment
roll as of January 1, 2013, the lien date for ad valorem taxes.
SECTION 6. CONFLICTS. All prior resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
SECTION 7. 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.
City of Winter Springs
Resolution Number 2013-21
Page 3 of 7
SECTION 8. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its passage and adoption.
RESOLVED BY the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled this 12th day of August, 2013.
CITY OF WINTER SPRINGS, FLORIDA
(SEAL) By: 1% ✓
C s acey, Mayo _r V
ATTEST:
(
By: /
An. -a orenzo-Luaces, City Clerk
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY FOR THE CITY OF
WINTER SP GS ONLY:
By:
Anthony A. Garganese, City Attorney
City of Winter Springs
Resolution Number 2013-21
Page 4 of 7
APPENDIX A
PROOF OF PUBLICATION
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City of Winter Springs
Resolution Number 2013 21
Page 5 of 7
APPENDIX B
AFFIDAVIT OF MAILING
City of Winter Springs
Resolution Number 2013-21
Page 6 of 7
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 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 23, 2013, 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
Tuscawilla Service Area and Tuscawilla (Phase II) 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 SAYETH NOT.
Affiant tr
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.
WITNESS, my hand and official se. this a ay of IL .a A.D.,2013.
. Lossaa—ati
ignature of person taking acknowle•gment
• NI:t.',A-4‘moo. 114• G-0- rc -
•
Name of acknowledger (printed)
My commission expires: 13-( 5"I 3
City of Winter Springs
Resolution Number 2013-21
Page 7 of 7
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 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.
Oak Forest Assessment Area Total
Improvement Assessment
Total Parcels 821
Total Annual Assessment $61,092.00
Maintenance Assessment
Total Parcels 936
Total Annual Assessment $55,144.65
CITY OF WINTER SPRINGS, FLORIDA
By:
Z./
of
or Pr
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 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 Service and Improvement Assessment Area Total
Phase I Improvement Assessment
Total Parcels 4,202
Phase I Improvement Total Annual Assessment $172,602.00
Phase II Improvement Assessment
Total Parcels 2,620
Phase II Improvement Total Annual Assessment $42,279.51
Maintenance Assessment
Total Parcels 4,620
Total Maintenance Annual Assessment $529,056.00
CITY OF WINTER SPRINGS, FLORIDA
%,
By: .- •r �.
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
City of
agent 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
Z7,.4 /
Chairma b''r. B. L.-or authorized agent
of City of Winter Springs
Name of local government
Seminole County, Florida