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Resolution 08-1205,] RESOLUTION N0.08-1205 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, APPROVING AN ASSESSMENT ROLL FOR THE MARKIIAM HILLS MAINTENANCE ASSESSMENT AREA ESTABLISHED PURSUANT TO ORDINANCE NO. O l -1574, AS AMENDED; DESCRIBING THE LIEN ASSOCIATED THEREWITH; DIRECTING THAT THE ASSESSMENT ROLL BE CERTIFIED TO THE SEMINOLE COUNTY TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Longwood, Florida (the "City Commission") enacted Ordinance No. 01-1574 on June 18, 20,01., as amended and supplemented by Ordinance No. 04-1701, enacted by the City Commission on July 19, 2004 (collectively, the "Ordinance") to provide for the imposition of special assessments to fund (1) the construction of Local Improvements to benefit real property located in proposed special assessment areas, and (2) the cost of maintaining such Local Improvements; and WHEREAS, pursuant to the Ordinance and certain related .resolutions, the City Commission created and imposed special assessments within the Markham Hills Capital and Maintenance Assessment Area. on August 28, 20.06; and WHEREAS,. pursuant to the provisions of the Ordinance, the City Commission is required to adopt an "Annual Assessment Resolution" for each fiscal year to approve the assessment. roll for such fiscal year. • NOW, THEREFORE, BE IT RESOLVED B1' THE. CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, AS' FOLLOWS: SECTION 1. RECITALS. The above recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Annual Assessment Resolution. SECTION 2. AUTHORITY. This Annual Assessment Resolution is adopted pursuant to the Ordinance, Chapter .166, Florida. Statutes, and other applicable provisions of law. SECTION 3. DEFINITIONS. All capitalized terms used in this Annual Assessment. Resolution, not otherwise defined herein, shall have the meanings defined in the Ordinance. • SECTION 4. APPROVAL OF ASSESSMENT ROLL. The assessment roll on file with the Assessment. Coordinator for the Markham Hills Capital and Maintenance Assessment Area is 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 and accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached to the Final Assessment Resolution for the Markham Hills Capital and Maintenance .Assessment Area as Appendix E. SECTION 5. ASSESSMENT LIENS. Pursuant to the Uniform Assessment Collection Act and the Ordinance, special assessments imposed within the • 2 Markham Hills Capital and Maintenance Assessment Area shall constitute a lien against assessed real 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 Annual Assessment Resolution and shall attach to the real property included on the assessment roll as of January 1, 2008, the lien date for ad valorem taxes. SECTION 6. CONFLICTS. All resolutions or parts thereof 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 Annual Assessment 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 Annual Assessment Resolution. [the remainder of this page is intentionally left blank] • 3 r~ u SECTION 8. EFFECTIVE DATE. This Resolution shall take effect CITY OF L¢~1GWOOD, FLORIDA immediately upon its adoption. DULY ADOPTED this 3rd day of September 2008. (SEAL) ~ By~~ B~ ATTEST: By: -~'~ Sarah M. Mirus,, CMC, City Clerk APPROVED AS TO FORM AND CORRECTNESS: By: ~'~ f ~`Z~~. Teresa S. Roper, City Attorney • 4