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Resolution 07-1176RESOLUTION ATU. 07-1.176 A RESOLUTION OF THE CITY COMMISSION OF TIE CITY OF LONGWOOD, FLORIDA, RELATING TO THE CONSTRUCTION AND FUNDING OF WASTEWATER COLLECTION FACILITIES, AND RELATED CONNECTION AND WASTEWATER CAPACITY CI3A.RGES; CREATING THE 2007 WASTEWATER ASSESSMENT AREA; CON MMING THE INITIAL ASSESSMENT RESOLUTION; ESTABLISHING THE MAXIMUM AMOUNT OF THE; ANNUAL ASSESSMENT; IMPOSING ASSESSMENTS AGAINST REAL PROPERTY WITHIN THE ASSESSMENT AREA; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF TBE ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Comnlissioii (the "City Commission") of the City of Longwood, Florida, enacted Ordinance No. 01-1574 on June 18, 2001, as amended and supplemented by Ordinance No. 04-1701, enacted by the City Conunission on July 19, 2004 (collectively, the "Ordinance"), to provide for the creation of assessment areas and authorize the imposition of special assessments to fund the construction of local improvements to serve the real property located therein; and WHEREAS, on August 20, 2007, the City Commission adopted Resolution No. 07- 1170, the Initial Assessment Resolution, proposing creation of the 2007 Wastewater Assessment Area and describi ig the method of assessing the cost of Wastewater Collection Facilities (as therein defined), and related connection and wastewater capacity charges against the real property that will be specially benefited thereby, and directing preparation of the tentative Assessment Roll and provision of the notices required by the Ordinance; and WHEREAS, pursuant to the provisions of the Ordinance, the City is required to confirm or repeal the Initial Assessment Resolution, with such amendments as the City Commission deems appropriate, after hearing comments and receiving objections of all interested parties; and WHEREAS, the Assessment Roll has heretofore been filed at City Hall, as required by the Initial Assessment Resolution and the Ordinance; and WHEREAS, as required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each real properly owner proposed to be assessed notifying such real property owner of the opportunity to b(, heard; the proof of publication and an affidavit of mailing are attached. hereto as Appendices A and B respectively; and WHEREAS, a public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance. NOW, THE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY, This Resolution is adopted pursuant to the Ordinance, Chapter 166, Florida Statutes, and oth(,r applicable provisions of lave. SECTION 2. DEFINITIONS. This Resolution is the Final Assessment Resolution as defined in the Initial Assessment Resolution. All capitalized terms in this 2 Resolution shall have the meanings defined in th,.- Ordinance and the Initial Assessment Resolution. SECTION 3. CREATION OF ASSESSMENT AREA. The 2007 Wastewater Assessment Area is hereby created to include the Tax Parcels described in Appendix E attached hereto. The Assessment Area is created for the purpose of improving the use and enjoyment of real property located therein by funding the construction of Wastewater Collection Facilities, and related comlection and wastewater capacity charges to provide wastewater collection service to real property located within the Assessment Area.. SECTION 4. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The Initial Assessment Resolution is Hereby confirmed. SECTION 5. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, a copy of which is attached hereto as.Appendix E, is hereby approved. SECTION 6. ASSESSMENTS. (A) The Tax Parcels described in the Assessment Roll are hereby found to be specially benefited by the availability and provi;3'io:n of wastewater service in the amount of the maximum annual Assessment set forth in the Assessment Roll.. The methodology for computing annual Assessments described in the Initial Assessment Resolution is hereby approved. A mua.l Assessments computed in, the manner described in the Initial Assessment Resolution are hereby levied and imposed (A) with respect to Institutional Property parcels, for a period of fifteen (15) years, and (B) with respect to all other parcels, for a period of ten 3 (10) years, each commencing with the ad valorem tax bill to be mailed in October or November 2007, as set forth in the Assessment Roll attached as Appendix E hereto. (B) Upon adoption of this Resolution and the Annual Assessment Resolution for each subsequent Fiscal Year: (1) The annual Assessments'shal.l constitute a lien against assessed real property equal in rank and dignity with the liens of' al). 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 each antral assessment resolution and shall attach to the real property included on the Assessment Roll as of the prior January 1, the lien date for ad valorem taxes. (2) As to any Tax Parcel that ;is acquired by a public entity through condemnation, negotiated sale or otherwise prior to adoption of the next Annual Assessment Resolution, the Adjusted Prepay: rent Amount 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 paid. The lien shall be deemed perfected upon adoption by the City Commission of the Annual Assessment Resolution and shall attach to the real property included on the Assessment Roll upon adoption of the Annual Assessment Resolution. 11 SECTION 7. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act. Upon adoption of the Annual Assessment Resolution for each Fiscal Year, the Assessment Coordinator shall cause the certification and delivery of the Assessment Roll to the Tax Collector by September 15, in the mariner prescribed by the Uniform Assessment Collection Act. The Assessment Roll, as delivered to the; Tax Collector, shall be accompanied by a Certificate to Non -Ad Valorem Assessment Roll in substantially the form attached. hereto as Appendix F. SECTION 8. EFFECT OF FINAL ASSESSMENT RESOLUTION. The adoption of this Final Assessment Resolution slra"I be the final adjudication of the issues presented herein and in the Initial Assessment Resolution (including, but not limited to, the method by which the Assessments will be computed, the Assessment Roll, the maximum annual Assessment, the levy and lien of the Assessments and the terms for prepayment of the Assessments) unless proper steps are initiated ina court of competent jurisdiction to secure relief within twenty days from the date of City Con:unission action on this Final Assessment Resolution. SECTION 9. PREPAYMENT NOTICE. The Assessment Coordinator is hereby directed to provide notice by first class mail to the owner of each Tax Parcel described in the Assessment Roll of the opportunity to prepay all future aru-ival Assessments, without financing cost. The notice, in substantially the form attached as Appendix C, shall be mailed to each real property owner at the address utilized for the notice provided pursuant to Section 2.05 of the Initial Assessment Resolution. 5 SECTION 10. ASSESSMENT NOTICE. The Assessment Coordinator is hereby directed to record a general notice of the Assessments in the. Official Records Book in the office of the Seminole County Clerk of Courts. Such notice shall be in substantially the form attached as Appendix D. The preliminary Assessment Roll and each annual Assessment Roll shall be retained by the Assessment Coordinator and shall be available :for public inspection. SECTION 11. CONFLICTS. All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. SECTION 12. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this 5th day of September, 2007. ATTEST: L�� Linda Goft; Deputy i Clerk APPROVED AS TO FORM AND CORRECTNESS: Teresa S. Roper, Acting City Attorney 6 CITY OF LONGWOOD, APPLND,LN: A PROOF OF PUBLICATION Published Twice Weekly Sanford, Seminole County, Florida STATE OF FLORIDA COUNTY OF SEMINOLE: . Before the undersigned authority personally appeared Kate Thompson, who on oath says that she is Publisher of The Sanford Herald, a twice weekly newspaper published by the Seminole Herald Newspaper Group at Sanford, in Seminole County, Florida; that the attached copy of the advertisement, being a �(/ in the -matter of ..t��e��,� __ �u� ago � 7 •�:��� (/min the Court, was published in said newspaper in the issues of�rc� Affiant further says that said The Sanford Herald is a newspaper published by the Seminole Herald Newspaper Group. at Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole County, Florida, twice we, kfy and has been entered as periodicals matter at the post office in Sanford, in said Seminole County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affi- ant further says that lie or she has neither paid nor promised any person, firm or corporation any dis- count, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. (Si atature of Affiant) Sworn to and subscribed before n( e hisg�day of 20� \ � t U C;/— ignature of Notary Public) Notary Public State of Florida Personally Known or Produced Identification Pairicia 4V Smith i My Commission OD556418 Expires 05/24/2010 NOTICE OF HEARING TO IMPOSE AND - PROVIDE FOR COLLECTION OF SPECIAL ASSESSMENT! IN THE 2007 WASTEWATER ASSESSMENT AREA Notice is hereby given that the City Commission of the City c Longvoocllwili conduct a public hearing to consider creation c the 2007 Wastewater Assessment Area, as shown above, an, imposition of special assessments to reimburse the City Ic costs related to the construction of wastewater collection facili ties, connection thereto and related wastewater capacit charges. The hearing will be held at 7:00 P.M., or as soot thereafter as the matter can be heard, on September S, 2007 at City Hall, 175 West Warren Avenue, Longwood, Florida, fc the purpose of receiving public comment on the proposed 200' Wastewater Assessment Area and assessments. All affecte, real property owners have'a 'night to appear at the hearing an, to file written objections with the City Clerk anytime prior fo thi public hearing. II a person decides to appeal any decisioi made by the City Commission with respect to any matter con sidered at the hearing, such person will need a record of lh- proceedings and may need to ensure that a verbatim record f made, including the testimony and evidence upon which th, appeal is to be made. In accordance with the Americans wit) Disabilities Act, persons needing a special accommodation o an interpreter to participate in this proceeding should contac the City's ADA'Coordinalor at 407/260-3481 at least 48 hour, prior to the date of the hearing. The assessment for -each parcel of real property will be baser upon the City's rates, fees and costs when the wastewater col lection facilities were constructed as the portion of the cost e constructing the wastewater collection faciiitfes to be paid b customers of the City. A more specilic description of IN improvements. and the method of computing the assessment to each parcel of real property are. set forth in the Inilia Assessment' Resolution adopted• by the City Commission or August 20, 2007. Copies of I Initial Assessment Resoluti, and the preliminary Assessme, i,t Roll are available for jnspE tion at City Hail, located a 1,75 West Warren Avenu Longwood, Florida. The assessments will be collect 3d on the ad valorem tax bill; ; authorized by Section 197.3 ' 2, Florida Statutes. Failure pay the assessments will cau e a lax certificate to be issuf against the real property which ay result In a loss of title. TI City Commission intends to cc Iect, the assessments in fiftef (15) annual installments for in tutiorial properly, and ten (11 installments for all other real p k party, in each case the first which will be included on the a ^valbrem tax bill to be mailed October or, November 2007. If, you have any questionI please. contact the City AssessmentCoordinator at 40 260-3475. CITY. OF LONGWOOD, FLORI A Publish:, August. 15, 2007 . T105 APPENI XY. B AFFIDAVIT OF AIAILLNIG AFFIDAVIT OF MAILING STATE OF FLORIDA COUNTY OF SEMINOLE BE17ORE 1NLE, the undersigned authority, personally appeared Carol Rogers, who, after being duly sworn, deposes and says: 1. I, Carol Rogers, serving in my capacity as the Assessment Coordinator of the City of Longwood, Florida, mailed the notices required by Section 2.05 of Resolution No. 07-1170, adopted by the City Commission of the City of Longwood, Florida, on August 20, 2007. 2. On or before August 16, 2007, I mailed, or directed the inailing of, a notice in accordance with Section 2.05 ofResolution No. 07-1170 by first class mail, to each owner of real property within the 2007 Wastewater Assessment Area in conformance with the requirements of City Ordinance No. 01-1574, as amended and supplemented by City Ordinance No. 04-1701, at the address shown on the real property assessment tax roll maintained by the Seminole County Property Appraiser for the purpose of the levy and collection of ad. valorem taxes. FURTHER AFFIANT SAYETH NOT. Ga /Z , 6 q�� Affia:+it B-1 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me by Carol Rogers, who is personally_k riown to me or who has produced as identification and did (did not) take an oath. WITNESS, my hand and official seal this ; ?_] day of L(LLc ,,r=� 1, A.D., 2007. J}p'RY PLe ",4'�\ *: Camrnission t DD284678 1 __`� ,�(}(^a`_ .._, :Jv`� ���— _� �(4 _� ��� ��' Expires February 14, 2008 Sig [tore of person taking acknowledgment Sondsd Troy Fein • Insurance, Inc. 600�305-7019 Name of acknowledger (printed) My commission expires:fln?cG- APPENDIX C FORM OF PREPAYMENT NOTICE CITY OF LONGWOOD 175 West Warren Avenue Longmvood, Florida 32750 407/260-3440 [Insert Date] [Insert property reference information] Dear Property Owner: The City Conunission recently established and approved a special assessment for wastewater collection facilities, related connection charges and wastewater capacity charges within the 2007 Wastewater Assessment Area. This type of financing where the real properly owners participate in the cost of the program is used throughout Florida and is consistent with the policy in the City of Loigwoot:l. The assessments will be collected on the ad valorem tax bill, as authorized by Section 197.3632, Florida Statutes. The assessnnehts will be payable in [ten (10)] [fifteen (15)] amnual installments, the first of which shall be included on the ad valorem tax bill to be mailed in October or November 2007. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. Any assessment may be prepaid in full if payment is received on or prior to September 30, 2007. The amount required to prepay the assessment on or prior to September 30, 2007 includes the tax parcel's share of the cost of the project, connection charges and related wastewater capacity charges after the City has contributed funds to pay for a portion of those costs. [After September 30, 2007, interest will be charged on the outstanding balance at the lesser of the City's average investment rate, or 3% per annum.] Please make checks for prepayment amounts payable to {insert specific payee directions}. Prepayment may be made by mail to {insert mailing directions}, or in person at City Hall, 175 West Warren Avenue, Longwood, :Florida Please be sure to either write the assessment parcel number (shown at the top of this letter) on your check or return this letter with your payment. C-1 �-' Assessment records and copies of applicable Ordinances and Resolutions passed by the City Commission are oil file at City Hall located at 175 West Warren Avenue, Longwood, Florida. CITY OF LONGWOOD, FLORIDA C-2 \1 APPENDIX D FORM Or ASSESSiMISN'r NOTICE NOTICE OF ASSESSMENTS On September 5, 2007, the City Commission of the City of Longwood, Florida, adopted Resolution No. 07-1176, which imposed special assessments against real property located within the 2007 Wastewater Assessment: Area, which includes the real property described in Appendix E of Resolution No. 07-1176, to reimburse the City for costs related to the construction of wastewater collection facilities, and related connection and wastewater capacity charges. Attached as Exhibit A to t1[is notice is a list of the affected tax parcel numbers and real property owners (as shown on the Seminole County ad valorem tax assessment roll as of the effective date of Resolution No. 07-1176) and the specific assessment information for each tax parcel.. Annual assessments will be collected on the ad valorem tax bill, as authorized by Section 197.3632, Florida Statutes, for a period of fifteen (15) years for tag: parcels with a Department of Revenue Code of 70" through "79" as of the adoption of Resolution No. 07-1176, and ten (1.0) years for all other types of real property, commencing with the ad valorem tax bill to be mailed in October or November 2007, The method of computing the annual assessment for any parcel of real property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number is set forth in Resolution No. 07-1170. The as roll is on file at the City of Longwood, Florida City Hall and is open to public inspection. This notice is recorded to provide constructive notice of tlac annual assessment to purchasers of property located within the 2007 Wastewater Assessment Area. Neither Resolution No. 07-1170, Resolution No. 07-1176 nor this notice will create a lien upon the real property described above. The City 'Coininission. will adopt an annual assessment resolution for each fiscal year. Upon adoption of each annual assessment resolution, assessments shall constitute a lien against assessed real property equal in rank and dignity with the liens of all state, county, district or :mu.nicipa.l taxes and other non -ad valorem assessments. The lien shall be deemed perfected upon adoption of each amlual assessment resolution and shall attach to the real property included on the assessment roll as of'the prior January 1, the lien date for ad valorem taxes. This notice does not and shall not be construed to require that individual liens or releases be filed in the Official Records, AT E. ST: Sarah M. Mirus CIVIC, ity Jerk t Y • i� 1i k,''�� CITY OF LONGWOOD„ Y'LORIDA rr,M� XM.'3Z: -) --, W U, vw,G R* a � C C_" ✓b CO C_irr, Johu1 C. Mai ',o ay r d d rr+ m rK G "R 'D M rr, Cr W co M Ln -� J u cu ru r cLn �00°` r"— 0 i m Ca. 1-. X Ln uWCM D-1 n w Ln --i EXHIBIT A 2007 Wastewater Assessment Area. The following table includes tax parcel numbers included within the 2007 Wastewater Assessment Area, the real property owner of each parcel (as shown on the Seminole County ad valorem tax assessment roll as of the effective date of Resolution No. 07-1176) and the maximum annual assessment attributable to each parcel. NIAXENIUM ANNUAL PARCEL I.D. PAYMENT 3 1-20-3 0-5AU-0000-7520 $ 496.80 05-21-30-503-030D-0000 826.20 31-20-30-5AU-0000-7560 480.60 06-21-30-300-0100'0000 502.20 31-20-30-5AU-0000-2590 502.20 31-20-30-5AU-0000-0390 502.20 31-20-30-5AU-0000-5640 502.20 31-20-30-5AU-0000-5620 502.20 06-21-30-300-006A-0000 2,323.19 06-21-30-300-012B,-0000 747.90 31-20-30-5AU-0000-7520 496.80 D-2 APP.ENDD-. E ASS:ESSM[_ENT ROLL Code Parcel Number LW07 31-20-30-5AU=0000-i'520 LW07 05-21-30-503-03OD-0000 LW07 31-20-30-5AU-0000-7560 LW07 06-21-30-300-0100-0000 LW07 31-20-30-5AU-0000-,590 LW07 31-20-30-5AU-0000-0390 LW07 31-20-30-5AU-0000,5640 LW07 31-20-30-5AU-0000-6620 LW07 06-21-30-300-,006A-0000 LW07 06-21-30-300-.012 B-0000 Amount 460.00 765.00 445.00 465.00 465.00 465.00 465.00 465.00 2,151.10 692.50 APPENDIX F FORM OF CERTIFICATE TO NON -AD VALOREl2 ASSESSMENT ROLL CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, I am the Mayor of the City of Longwood, Florida (the "City"); as such. 1 have satisfied myself that all real property included or includable. on the non -ad valorem assessment roll for the 2007 IMastewater Assessment Area (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 to the real Property listed therein have been made pursuant to law. I FURTHEER 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, 200 IN WITNEESS 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 1 -5k` da,� of 20o�. =' CITY OF LONGWOOD, FJLORIDA Gam, John [tag be delivered to Tax Collector prior to September- 15] MARYANNE NORSE, BRINDLE COUNTY CLERK OF CIRCUIT COURT i COMPTROLLER BK 08122 Pis 1795 — 17961 (2pis) CLERK'S * 201311 S 159 REMM 09/12/2013 M 1806 FN MMMINB FEES IL 50 NOTICE OF ASSESSMENT BY T Smith On September 5, 2007, the City Commission of the City of Longwood, Florida, adopted Resolution No. 07-1176, which imposed special assessments against real property located within the 2007 Wastewater Assessment Area, which includes the real property described in Appendix E of Resolution No. 07-1176, to reimburse the City for costs related to the construction of wastewater collection facilities, and related connection and wastewater capacity charges. Attached as Exhibit A to this notice is a list of the affected tax parcel numbers and real property owners (as shown on the Seminole County ad valorem tax assessment roll as of the effective date of Resolution No. 07-1176) and the specific assessment information for each tax parcel. Annual assessments will be collected on the ad valorem tax bill, as authorized by Section 197.3632, Florida Statutes, for a period of fifteen (15) years for tax parcels with a Department of Revenue Code of "70" through "79" as of the adoption of Resolution No. 07-1176, and ten (10) years for all other types of real property, commencing with the ad valorem tax bill to be mailed in October or November 2007. The method of computing the annual assessment for any parcel of real property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number is set forth in Resolution No. 07-1170. The assessment roll is on file at the City of Longwood, Florida City Hall and is open to public inspection. This notice is recorded to provide constructive notice of the annual assessment to purchasers of property located within the 2007 Wastewater Assessment Area. Neither Resolution No. 07-1170, Resolution No. 07-1176 nor this notice will create a lien upon the real property described above. The City Commission will adopt an annual assessment resolution for each fiscal year. Upon adoption of each annual assessment resolution, assessments 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. The lien shall be deemed perfected upon adoption of each annual assessment resolution and shall attach to the real property included on the assessment roll as of the prior January �J.q le�ndate for ad valorem taxes. This notice does not and shall not be construed {dual liens or releases be filed in the Official Records. (S CITY OF LONGWOOD, LORIDA Cal John C. Ma' a r d X d x ` ' M SM. yC, ity Clerk �i �mO �`•I a, ro ro N 10 C.M O 0 VQQh� ti�+tip CL ru o N w -2 o r� v EXHIBIT A 2007 Wastewater Assessment Area The following table includes tax parcel numbers included within the 2007 Wastewater Assessment Area, the real property owner of each parcel (as shown on the Seminole County ad valorem tax assessment roll as of the effective date of Resolution No. 07-1176) and the maximum annual assessment attributable to each parcel. PARCEL I.D. 31-20-3 0-5AU-0000-7520 05-21-30-503-030D-0000 31-20-30-5AU-0000-7560 06-21-30-300-0100-0000 31-20-3 0-5AU-0000-2590 31-20-3 0-5AU-0000-0390 31-20-3 0-5AU-0000-5640 31-20-3 0-5AU-0000-5 620 06-21-30-300-006A-0000 06-21-30-300-012B-0000 31-20-30-5AU-0000-7520 D-2 MAXIMUM ANNUAL PAYMENT $ 496.80 826.20 480.60 502.20 502.20 502.20 502.20 502.20 2,323.19 747.90 496.80