HomeMy WebLinkAboutResolution 2004-31 Assessment Rolls
RESOLUTION NO. 2004-31
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 THE REPEAL
OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR 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 the 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, 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. 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.
City of Winter Springs
Resolution No. 2004-31
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SECTION 4. APPROVAL OF ASSESSMENT ROLLS. The assessment rolls on file
with the City Manager for the Tuscawilla Improvement Area and the Tuscawilla Service
Area are hereby approved. Pursuant to Section 197.3632, Florida Statutes, each
assessment roll shall be certified and delivered to the Seminole County Tax Collector
prior to September 15, 2004, 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 paid. 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, 2004, the lien date
for ad valorem taxes.
SECTION 6. 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 7. 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 8. 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 on the 9th day of August, 2004.
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. 2004-31
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