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HomeMy WebLinkAboutResolution 2025-04 Establishing a Revised Fee Schedule for Lien SearchesRESOLUTION NO. 2025-04 A RESOLUTION OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA ESTABLISHING A REVISED FEE SCHEDULE FOR LIEN SEARCHES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, under its broad exercise of home rule powers established by Section 2(b), Article VIII of the Florida Constitution, and Section 166.021, Florida Statutes, the City Commission of the City of Winter Springs, Florida, is authorized to establish fee schedules ; and WHEREAS, individuals and entities sometimes request that staff at the City of Winter Springs perform research as to whether any City liens exist upon a particular parcel of real property located within the City of Winter Springs; and WHEREAS, the history of these requests has impressed upon the City Commission the need for the City to formally adopt fees to cover the cost of such research by the City; and WHEREAS, the collection of such fees by the City will offset the cost of researching and processing of the request by the City Clerk's Office, the Community Development Department, the Finance Department, and the Winter Springs Police Department; and WHEREAS, Resolution 2016-03 previously established a fee schedule for lien searches perio med by the City, therein setting forth variable fees based upon the timeline requested for performing the lien search; and WHEREAS, the City Commission finds that, in the interests of simplicity and efficiency, it is desirable to amend the fee schedule for lien searches to provide one flat fee applicable to all lien searches performed by the City; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this resolution to be in the best interest of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: Section 1. Recitals. The following recitals are true and correct and hereby fully incorporated herein by this reference as part ofthis Resolution. Section 2_ Establishment of Lien Search Fee. The City Commission of the City of Winter Springs, Florida hereby establishes anon -refundable fee to be submitted with each request for a City lien search. The City lien search fee shall be as follows for each real property parcel or address submitted: City of Winter Springs Resolution No. 2025-04 Page 1 of 3 Lien search fee $80.00 Such fee shall be used to defray the City's costs to administratively process and research the request. Upon a request and payment of the applicable fee, the City shall provide t h e r e q u e s t e r w i t h information regarding whether a lien in Favor of the City exists on the property identified by the'requestor, based upon records retained by the City. The City shall provide responsive information to the requestor no more than four (4) business days following the date on which the City receives the request and applicable fee. Section 3. The City of Winter Springs assumes no liability for errors or omissions when performing lien research. All liens held by the City are lawfully recorded in the Official Records of Seminole County, Florida. Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, including but not limited to Resolution No. 2016-03, or parts of resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Severability. Ifany section, subsection, sentence, clause, phrase, word or provision of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. Section 6. Effective Date. This Resolution shall take effect thirty-one days following adoption by the City Commission. RESOLVED by the City Commission of the City of Winter Springs, in a regular meeting assembled on the 31� day of /� � R c H , 2025. ATTEST: � wo CHRISTIAN D. GOWAN, City Clerk City of Winter Springs Resolution No. 2025-04 Page 2 of 3 C MAYOR 195q f� �o ��10/e cox0vi Approved as to legal form and sufficiency for the City of Winter Springs only: A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2025-04 Page 3 of 3