HomeMy WebLinkAboutResolution 2005-44 Special Assessments
RESOLUTION NO. 2005-44
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA ELECTING TO USE THE
UNIFORM METHOD OF COLLECTING NON-AD VALOREM
SPECIAL ASSESSMENTS LEVIED WITHIN CERTAIN AREAS
OF THE INCORPORATED AREA OF THE CITY; STATING A
NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF
THIS RESOLUTION; AND PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida (the "City") is
contemplating the imposition of special assessments to fund the cost of providing street lighting,
signage, other related neighborhood improvements, and their corresponding annual maintenance;
and,
WHEREAS, the City intends to use the uniform method for collecting non-ad valorem
special assessments imposed for the cost of providing such facilities and services to property
within certain areas of the incorporated area of the City as authorized by section 197.3632,
Florida Statutes, as amended, because this method will allow such special assessments to be
collected annually commencing in November 2006, in the same manner as provided for ad
valorem taxes; and,
WHEREAS, the City held a duly advertised public hearing prior to the adoption of this
Resolution, proof of publication of such hearing being attached hereto as Exhibit A; and,
WHEREAS, the City Commission of the City of Winter Springs deems that this
Resolution is in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and
correct and are hereby fully incorporated by this reference.
Section 2. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts
of resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 3. 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 4. Uniform Collection Method. Commencing with the Fiscal Year
beginning on October 1, 2006, and with the tax statement mailed for such Fiscal Year, the City
intends to use the uniform method of collecting non-ad valorem assessments authorized in
section 197.3632, Florida Statutes, as amended, for collecting special assessments imposed to
fund the cost of providing street lighting, signage, other related neighborhood improvements and
their corresponding annual maintenance. Such non-ad valorem assessments may be levied within
certain areas of the incorporated area of the City. A legal description of such potential areas
subject to the imposition of such special assessments is attached hereto as Exhibit Band
incorporated herein by reference.
Section 5. Purpose of Assessment. The City hereby determines that the levy of such
non-ad valorem assessments is needed to fund the cost of providing street lighting, signage, other
related neighborhood improvements, and their corresponding annual maintenance within the
areas described in Exhibit B.
Section 6. Notification. Upon adoption, the City Clerk is hereby directed to send a
copy of this Resolution by United States mail to the Florida Department of Revenue, the
Seminole County Tax Collector, and the Seminole County Property Appraiser by January 10,
2006.
Section 7. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
RESOL VED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 14th day of November, 2005 .
JOHN F. BUSH, MAYOR
ATTEST:
Andrea Lorenzo-Luaces, CITY CLERK
Approved as to legal form and sufficiency for
The City of Winter Springs only:
Anthony A. Garganese, City Attorney
City of Winter Springs
Resolution No. 2005-44
Page 2 of2
EXHIBIT A
PROOF OF PUBLICATION
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EXHIBIT B
WINTER SPRINGS, FLORIDA
TUSCAWILLA (PHASE II) IMPROVEMENT AREA GENERAL BOUNDARY
DESCRIPTION
The Tuscawilla Phase II} Improvement Area shall be defined as ail that land lying within the City
of winter Springs, Florida, Tuscawilla Planned Unit Development, less Qak Forest Subdivision in
its entirety; St. Johns Landing Plat Book 53, Pages 45-49}; Tuscawilla Parcel 90 aka Arbor Glen,
Plat Book 43, Pages 57-58}; Creeks Run (Plat Book 53, Pages 1-3}; Tuscawilla Unit 5 Plat Book
20, Page 18); Tuskawilla Trail Subdivision Plat Book 41, Page 6); Grand Reserve Subdivision
Plat Book 48, Pages 73-74}; Tuscawilla Tract 15, Parcels 1-B and 1-C Yeager property south of
SR 434); St. Stephen's Catholic Church; Church of the New Covenant; Lord of Life Lutheran
Church; Indian Trails Middle School; Keeth Elementary School; and as more specifically defined
in attachment "A", entitled the Tuscawilla (Phase II) Improvement Area Legal Description by
reference to plat book and pages, and attachment "B"entitled Tuscawilla Phase II} Improvement
Area Boundary Map.