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HomeMy WebLinkAboutResolution 564 Moss Road Improvement RESOLUTION NO. 564 RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA ELECTING TO PROCEED UNDER FLORIDA STATUTES CHAPTER 173, FORECLOSURE OF MUNICIPAL TAX AND SPECIAL ASSESSMENT LIENS; TO INITIATE FORECLOSURE PROCEEDINGS AGAINST PROPERTIES DELINQUENT IN PAYMENT OF ANNUAL ASSESSMENT FOR MOSS ROAD IMPROVEMENT; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. WHEREAS, a number of property owners assessed for the improvements to Moss Road are delinquent in the payment of the annual assessment due July 22, 1986; and WHEREAS, the City of Winter Springs, Florida has notified the delinquent property owners by certified mail on June 18, 1986 that the assessment would be due and again on October 12, 1986 that the assessment was delinquent; and WHEREAS, the July 22, 1986 annual assessment payment is still as of this date past due; THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA THAT: SECTION I: Pursuant to Florida Statutes Section 173.13, the City of Winter Springs, Florida hereby elects to proceed under Florida Statutes Chapter 173, Foreclosure of Municipal Tax and Special Assessment Liens, in order to enforce the City's liens for the special assessment imposed for the capital improvements to Moss Road, in the City of Winter Springs, Florida against those properties for which the annual assessment, due July 22, 1986, is past due and delinquent. SECTION II: The City of Winter Springs, through its City Attorney, at least thirty (30) days prior to filing a Bill in Chancery in circuit court to initiate foreclosure proceedings, shall provide written notice of its intention to file said Bill in Chancery by registered mail to the last known address of the holder of the record title and to the holder of record of each mortgage or other lien, except judgment liens, upon each tract of land to be included in said Bill of Chancery; such notice shall briefly describe the particular lot or parcel of land, shall state the amount of special assess- ment liens sought to be enforced and shall warn said owner and holders of liens, mortgages or other liens that on or after the day therein named said Bill in Chancery to enforce the same will be filed, unless paid on or before said date. SECTION III: The City Attorney is hereby authorized to draft and send by registered mail said written notifications, and thirty (30) days thereafter, to file a Bill in Chancery in the appropriate circuit court and to proceed with foreclosure proceedings against those properties described in Section I herein in the event that the deliquent assessment, plus a penalty of 1% per month for every month the assessment is past due, is not paid on or before the date for such payment in said written notice. SECTION IV: This Resolution shall remain in force until supplemented, amended, repealed or otherwise altered. SECTION V: All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed. SECTION VI: This Resolution shall take effect immediately upon its approval and passage. PASSED AND ADOPTED this 23 day of March, 1987. CITY OF WINTER SPRINGS, FLORIDA JOHN V. TORCASO, MAYOR ATTEST: Mary T. Norton CITY CLERK