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HomeMy WebLinkAboutResolution 2008-46 Assessment RollsCITY OF WINTER SPRINGS, FLORIDA RESOLUTION NUMBER 2008-46 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; EXPANDING THE BOUNDARIES OF THE OAK FOREST ASSESSMENT AREA; 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, 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 Oak Forest Assessment Area contains a parcel that was previously thought to be unbuildable and now contains a newly built residence that benefits from the improvements and services provided in the Oak Forest Assessment Area; and WHEREAS, pursuant to the provisions of the Ordinance, the Commission is required to provide mailed and published notice of, and hold a public hearing regarding, any expansion of the boundaries of the Oak Forest Assessment Area; and City of Winter Springs Resolution Number 2008-46 Page 1 of 7 WHEREAS, as required by the terms of the Ordinance, notice of a public hearing has been published and mailed to the 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 on September 8, 2008 and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance; 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. EXPANSION OF OAK FOREST ASSESSMENT AREA. The Oak Forest Assessment Area is hereby expanded to include Tract B, Oak Forest Unit 1, Plat Book 22, Pages 81-83, Official Records Book, Seminole County, Florida. SECTION 5. APPROVAL OF ASSESSMENT ROLLS. The assessment rolls on file with the City Manager for the Tuscawilla Improvement Area, the Tuscawilla Service Area, the Oak Forest Assessment Area and the Tuscawilla (Phase II) Assessment Area 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, 2008, 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. City of Winter Springs Resolution Number 2008-46 Page 2 of 7 SECTION 6. ASSESSMENT LIENS. Special assessments imposed within the assessment areas listed on the rolls described in Section 5 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, 2008, the lien date for ad valorem taxes. SECTION 7. CONFLICTS. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8. 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 9. 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 this 8th day of September, 2008. (SEAL) ATTEST: I , By: i An re Lorenzo-Luaces, City Clerk CITY OF WINTER SPRINGS, FLORIDA By: John Bush, Mayor APPROVED AS TO FORM By: Anthony A. Garganese, City Attorney City of Winter Springs Resolution Number 2008-46 Page 3 of 7 APPENDIX A PROOF OF PUBLICATION City of Winter Springs Resolution Number 2008-46 Page 4 of 7 Orlando Sent~n~1 Published Daily ~tRt~ of ,~'rori~a = s.s. COUNTY OF ORANGE Before the undersigned authority personally appeared Beverly C. Simmons, who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a daily newspaper published at Altamonte Savings in Seminole County, Florida; that the attached copy of advertisement, being a Public Hearing in the matter of Seatember 8th In the Seminole Court, was published in said newspaper in the issue; of 08/18/08 Affiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Sarinas, in said Semino County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole County, Florida, each Week Day and has been entered as second- class mail matter at the post office in Altamonte Springs in said Seminole County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisemen for publication i the said newspaper. .~ ~~- The foregoing instrume t was acknowl dge before me th 22nd day of August, 2008, by Beverly C. Simmons, who is personally known to me andwnc~~did take an path. (SEAL) - Order# 811911 ~~' JULIA M~ NICHOLS eeeeeeeeeee ,petit///,~ i >~Y F~r~° Comm# DD0484109 = Expires 10/20/2009 ~o~pf~d~;: ryAssn., Inc /gmuto~` Fl:hride Note w.....ur••••• •..•••. •.v.:u •o•n u•.•nn.H City of Winter Springs Resolution Number 2008-46 Page 5 of 7 ~ t ~~; . ~i.~' ;'~iJ~' C17Y OF V.INTEF SPRINGS Finance Departrrlent OAK yUNYt.II' AxxeSeMfAT AReA ,~ ~1 ,. ~-~ ~ p~ ~''~ Q ` -~ rs ~. ,' Q -'. _,. i-•. s"'. ~~' wursps~a~~snlaas,ruwnw NOTICE OAR F~OR~EfTTI f EM~ AlIF11MIES of {~pf Is hereby gaiven flat tM Clfv Commisslyp of Win- ~~p~Rrlnps, Florida, will conduct c public hearlna ro con- .namoers, wmrer s nn s, ranee. m oa i the Americans wit D sabillties Act, oer a sveClal accommodot en ar an Interpreter In this proceeding should contact the Clfy at (/W) 347.1800 eztenslon 247 of Isast 19 the date of the hedrhta All affected proper +e o right ro aoo~ar of the hearing and to actions with tM Clh Conxhlsslon wlMln 40 ~~tlce. I} you decide to appeal env decision .Itr ~mmisslon with respect to any maHer the arlnp, you will nqM a rern-d of the nd nayy need to ensure riMat a verbatim re- Kal I~ d;np~ ~e~mony End evidence upon opltal assessments rot up ro m neon, and main• assessments for the Ilfe of the wajacl, to fund Forest Subdivision Wall are beingp collected on ~lorem tax OIII as auffarized by Florida Statutes commencing with the lax bill mailed In Novem~ Failure to pa the assessments will cause o lax e to be Issued against the property which may a loss of title. Future onnuo cap to assessments >repold at the option of the property owner. How ure onnuol maintenance assessments may not be rve env auestroro, please contact the Clly of Wio- ws Urban eeaut111catlOn Manager at (107) 347• nslon 315. CITY OF WINIQI SPRINGS. RORIDA I MBAs APPENDIX B AFFIDAVIT OF MAILING City of Winter Springs Resolution Number 2008-46 Page 6 of 7 AFFIDAVIT OF MAILING STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, the undersigned authority, personally appeared Michelle Greco, who, after being duly sworn, deposes and say: I, Michelle Greco, 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 August 18, 2008, I mailed or directed the mailing of, a notice in accordance with Section 4.07 of the Ordinance by first class mail, to the newly added property within the Oak Forest 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 The foregoing instrument was acknowledged before me by Michelle Greco, who is ersonally known to or who has produced as identification and did (did not) take an oath. WITNESS, my hand and officio r r otary ub is State o Florida ~`~~ Danielle Harker `~'~L'" ~ My Commission DD663371 ~'+'o-ao'~ Ex ires0411512011 it seal this 3rd day of September, A.D., 2008. Signa ure of person taking acknowledgment .,~'C N~ ~~ ~ (- Name of acknowledger (printed) My commission expires: City of Winter Springs Resolution Number 2008-46 Page 7 of 7