HomeMy WebLinkAboutResolution 2005-31 Assessment Rolls
CITY OF WINTER SPRINGS, FLORIDA
RESOLUTION NUMBER 2005-31
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 CERTAIN ERU
RE-ASSIGNMENTS; AND PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY AND 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 and the
Tuscawilla Service Area on August 23, 1999; 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, certain properties used as a golf course within the Tuscawilla
Improvement Area and the Tuscawilla Service Area have adjusted their ad valorem tax
bills such that the entire value for certain parcels are consolidated by the Seminole
County Property Appraiser to one parcel under common ownership to facilitate easier tax
bill payment; and
WHEREAS, the City would like to assist the property owners by re-assigning the
City's non-ad valorem assessments for such Tax Parcels to the one under common
ownership in the same way that the Seminole County Property Appraiser has re-assigned
the ad valorem taxes; 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, SEMINOLE COUNTY, FLORIDA, AS
FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are deemed true and correct
and are hereby fully incorporated by this reference.
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. RE-ASSIGNMENT OF ERUS. Based on the recitals set forth
above regarding the golf course parcels, the City hereby amends the final assessments
rolls attached to Resolution Nos. 99-887 and 99-888, each adopted August 9, 1999, to
transfer all of the assigned ERUs from P.I.D. 31-20-31-5BB-0000-003D and P.I.D. 31-
20-31-5BB-0000-007C to P.I.D. 31-20-31-5BB-0000-004A. This will have the effect of
moving the assessments from parcels that do not receive an ad valorem tax bill to the
related parcel that does receive a tax bill in order to facilitate timely payment of the
Assessments.
SECTION 5. APPROVAL OF ASSESSMENT ROLLS. The assessment rolls
on file with the City Manager for the Tuscawilla Improvement Area and the Tuscawilla
Service Area, as amended by Section 4 hereof, 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 15,2005, 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 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 1,2005, the lien date for ad valorem taxes.
SECTION 7. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. All
prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
City of Winter Springs
Resolution Number 2005-31
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SECTION 8. SEVERABILITY. If any section, subsection, sentence, clause,
phrase, word, or portion of this Resolution is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portion hereto.
SECTION 9. EFFECTIVE DATE. This Resolution shall become effective
immediately upon adoption by the City Commission of the City of Winter Springs,
Florida.
RESOLVED BY the City Commission of the City of Winter Springs, Florida, in
a regular meeting assembled this 22nd day of August, 2005.
CITY OF WINTER SPRINGS
FLORIDA
By: John F. Bush, Mayor
(SEAL)
ATTEST:
By: Andrea Lorenzo Luaces, City Clerk
Approved as to legal form
and Sufficiency for the City
of Winter Springs only:
By:
Anthony A. Garganese, City Attorney
City of Winter Springs
Resolution Number 2005-31
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