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HomeMy WebLinkAboutResolution 2009-44 Assessment RollsCITY OF WINTER SPRINGS, FLORIDA RESOLUTION NUMBER 2009-44 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; 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 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. City of Winter Springs Resolution Number 2009-44 Page 1 of 3 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 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 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, 2009, 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, 2009, 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 2009-44 Page 2 of 3 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 24th day of August, 2009. CITY OF WINTER SPRINGS, FLORIDA (SEAL) By: ~1~~~~~`'d+. Jo F. Bush, Mayor ATTEST: f By. } ~,6 Air Lorenzo-Luaces, City Clerk r APPROVED AS TO FORM By: Anthony A. Garganese, City Attorney City of Winter Springs Resolution Number 2009-44 Page 3 of 3 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 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, 2009. 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 24tlday of August , 2009. Oak Forest Assessment Area Total Im rovement Assessment Total Parcels 821 Total Annual Assessment $61,092.00 Maintenance Assessment Total Parcels 936 Total Annual Assessment $55,144.65 CITY OF TER SPRINGS,yFL~ORIDA B ~ ~~~~~ Y• May 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 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, 2009. 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 24thday of AuQUSt , 2009. Tuscawilla Service and Im rovement Assessment Area Total Phase I Im rovement Assessment Total Parcels 4,202 Phase I Im rovement Total Annual Assessment $172,602.00 Phase II Im rovement Assessment Total Parcels 2,620 Phase II Im rovement Total Annual Assessment $42,279.51 Maintenance Assessment Total Parcels 4,509 Total Maintenance Annual Assessment $515,880.00 CITY O INTER SPRINGS, FLORIDA g Y• M or