Loading...
Resolution 07-1177RESOLUTION NO. 07-1177 A FESOLUTION OF THE CITY COMMISSION OF TIE CITY OF LONGWOOD, FLORIDA, RELATING TO THE CONSTRUCTION OF ROAD IMPROVEMENTS; CREATING THE CREDO STREET ROAD PAVING ASSESSMENT AREA; CONFIR.IV>JNG THE INITIAL ASSESSMENT RESOLUTION; ESTABLISFENG TIM MAXIMUM AMOUNT OF THE ANNUAL ASSESSMENT PEF: FRONT FOOT; IMP OSING.A��SESSMENTS AGAINST REAL :PROPERTY WITHIN TILE ASSESSMENT AREA; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission (the "City Conunission") of the City of Longwood, Florida, enacted Ordinance No.; 01-1`74 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 W UREA.S, on August 20, 2007, the City Conunission adopted Resolution No. 07- 1171, the Initial Assessment Resolution, proposing creation of the Credo Street Road Paving Assessment Area and describing the method of assessing the cost of Road Improvements (as therein defined) against the real property that will be specially benefited thereby, and �J �—' 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 hea.r'i ig 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 W1-1EREAS, as required by the teri ns of the Ordinance, notice of a public hearing has been published and mailed to each real property owner proposed to be assessed notifying such real property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices A and B respectively; and VV EREAS, 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, THEREFORE, 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 cth(.r applicable provisions of law. SECTION 2. DEFINITIONS. This Resolution is the Final Assessment Resolution as defined in the Initial Assessment Resolution. All capitalized ternis in this 2 Resolution shall have the meanings defined in th(. Ordinance and the Initial Assessment Resolution. SECTION 3. CREATION OF AS!;;ESSMENT AREA. The Credo Street Road Paving 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 Road Improvements to benefit 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 construction of the Road h.nprovements in the amount of the maximum amival Assessment set forth in the Assessment Roll. The methodology :for computing annual Assessments described in the Intial Assessment 'Resolution is hereby approved. Annual Assessments computed in the mariner described in the Initial Assessment Resolution are hereby levied and imposed on all Tax Parcels described in the Assessment Roll for a period of fifteen years, commencing with the ad valorem tax bill to be mailed in October or November 2007. (B) Upon adoption of this Resolution and the Annual Assessment Resolution for 3 j each subsequent Fiscal Year: (1) The annual 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:. Except as otherwise provided by law, such lien shall be superior ill 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 annual assessment resolution and shall attach to tiie 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 Prepayment 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. 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 11 the certification and delivery of the Assessment Roll to the Tax Collector by September 15, in the manner 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 S. EFFECT OF FINAL ASSESSMENT RESOLUTION. The adoption of this Final Assessment Resolution shall 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 in a court of competent jurisdiction to secure relief within twerity days from the date of City Commission 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 opportuniV: to prepay all future annual 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. 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 5 form attached as Appendix D. The prelimimay 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. [remainder of page intentionally left blanlc] 6 SECTION[ 12. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this 5th day of September, 2007. ATTEST: Linda Goff -,Deputy C Clerk APPROVED AS TO FORM AND COR CTNESS: Teresa S. Roper, Acting City Attorney 7 CITY OF LONGWOOD, FjLORIDA APPENDIX 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 Grou a� in Seminole County, Florida; that the attached,copy of the advertisement, being _ in the matter of in the - was published in said newspaper in the issues R Court, 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(!kly 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 he 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 advectisenlent: for publication in the said newspaper. Sworn to and subscribed ti'Ry ?O,7, Notary Public Stale of Florida Patricia W Smith -A cf.' r" My Commission DD556118 ' c{rye Expires05/24120•l0 nature of Notary Public) Personally Kno .or Produced Identification 20�_ �3 '��sr�'A1 Af �♦ ^'S f'i. I �r,. i NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR. COLLECTIOWOF„SPECIAL ASSESSMENTS IN THE'CREOO STREET ROAD PAVING ASSESSMENT'AREA Notice is hereby given that the City Commission of the City Longwood will conduct a public hearing to consider creation the, Credo Street Road Paving, Assessment Area, as sho above, and Imposition of special assessments for the constrt tion of road improvements. The hearing will be held at 7: P.M., or as soon thereafter as the matter can be 'heard, September 5, at City Hall, 175 West Warren Avenr Longwood, Florida, for lhe purpose of receiving public comme on the proposed; Credo Street Road Paving Assessment An and collection of the assessments on the ad valorem tax bill., affected real property -owners have a right to appear at the het ing and to file written objections with the City Clerk anytime pri to the public hearing, If a person decides to appeal any decisi, made by the City Commission with respect to any matter cc sidered at the hearing, such person will need a record of tl proceedings and may need to ensure that a verbatim record made, including 'the testimony and evidence upon which tl appeal is to be made. In accordance with the Americans wi Disabilities Act, persons needing a special accommodation an interpreter to participate in this proceeding should conta the ADA Coordinator,at407/260-3481 at feast seven days pri to the date of the hearing. The assessment for each parcel of real property will be base upon the total number of lineal feet of Ironlage along the stree to be improved. A more specific description of the improvemen and the method of. computing the assessment for each parcel real property are set forth in the Initial Assessment Resolutie adopted by the City Commission on August 20, 2007. Copies the Initial Assessment Resolution and the preliminar Assessment Roll are available for inspection at City Hall, Iota ad at 175 West Warren Avenue, Longwood, Florida:, The assessments will be collected on the ad valorem tax bill',,a authorized by Section 197.3632. Florida Statutes.. The Cit Commission intends to collect the assessments ip fifteen (1E annual installments, the first of which will be Included on the a valorem tar bill to be mailed in October or November 2007 Failure to pay.the assessments will cause a. tax certificate to b. 5syed,agaln%, r d rt l result? a'loss' title. If you h yq;r �yy,pyre$�ona,_pteae �n{ar !1hg,,Cliy: Assessment Coordinalor at 407/260-3475. CITY OF LONGWOOD, FLORIDA Publish: -August 15, 2007 T106� APPENDIX: B AFFMAVIT OF MAILING AFFIDAVIT' OF lV1AILING STATE OF FLORIDA COUNTY OF SEIvLINOLE BEFORE ME, the undersigned authority, personally appeared Carol Rogers, who, after being duly sworn, deposes and says: I, Carol Rogers, serving in my capacity as the Assessment Coordinator of the City of Longwood, Florida, mailed the notices :required by Section 2.05 of Resolution No. 07-1171, adopted by the City Commission of the City of Longwood, Florida, on August 20, 2007. 2. On or before August 16, 2007.,1 mailed, or directed the mailing of, a notice in accordance with Section 2.05 of Resolution No. 07-1171 by first class mail, to each owner of real property within the Credo Street Road Paving Assessment Area. in conformance with the requirements of City Ordinance No. 01-1574, as amended and. supplemented by City Ordinance No. 04-1701, at the address shown on the real property assessment tax roll maintained by the Seminole County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. FURTHER AFFIANT SAYETH NOT. Affiant STATE, OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowlecged before me by Carol Rogers, who is personally known to me or who has produced _ as identification and did (did not) take an oath. WITNESS, my hand and official seal this,27 day of t ���s���s `' A.D., 2007. ram•\` - l�E:�lA'$i©11G' RpliYt�� '1r= .1��} Commission # DD284678 Signature of person taking acknowledgme`,it �� t Expires February 14, 2008 'o , i bonded Troy Fein - Insurance, Inc. 800-3351019 Name of acknowledger (printed) My com.niission expires: IM APPENDIN.' C FORM OF PREPAYMENT NOTICE CITY OF LOiVGVVOOD 175 West Warren Avenue Longwood; Florida 32750 407/260-•34 40 [Insert Date] [Insert property reference information] Dear Property Owner: The City Commission recently established and approved a special assessment for road and ancillary improvements within the Credo Street Road Paving Assessment Area. This type of financing where the real property owners participate in the cost of the program is used throughout Florida and is consistent with th(, policy in the City of Longwood. The assessments will be collected on the ad valorem tax bill, as authorized by Section 197.3632, Florida Statutes. The assessments wilt be payable in fifteen (15) annual installments, the first of which shall be included on the ad valorem tax bill to be mailed in October or November 2007. Failure to paythe assessments will cause a tax certificate to be issued against the real property which may result in a loss of title. Any assessment maybe prepaid in full, at a discount of t0%, i.f 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 after the City has contributed funds to pay for a portion of the Road Improvements. After September 30, 2007, the t0% discowit will no longer be available. Please make checks for prepayment amounts payable to {insert specific payee directions}. Prepayment may be made by nail 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. Assessment records and copies of applicable Ordinances and Resolutions passed by the City Commission are on file at City Hall located at 175 West Warren Avenue, Longwood, Florida. CITY OF LONGWOOD, FLORIDA APPENDD" D FORM OF ASSESSMENT NOTICE NOTICE OF AS,115ESSMENTS On September 5, 2007, the City Commission of the City. of Longwood, Florida, adopted Resolution No. 07-1177, which imposed special assessments against real property located within the Credo Street Road Paving Assessment Area, which includes the real property described in Appendix E of Resolution No. 07-1177, to finance road improvements. 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 act valorem tax assessment roll as of the effective date of Resolution No. 07-11.77) and the number of fi-ont feet attributable to each tax parcel, if applicable. Anival assessments will tie collected on the ad valorem tax bill, as authorized by Section 197.3632, Florida Statutes, for a period of fifteen (15) years, commencing with the ad valorem tax bill to, be rna.iled 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. 07-1171. The assessment roll, which identifies the number of front feet attributable to each parcel of real property is on file at the City of :Longwood, Florida City Ball and is open to public inspection. Resolution No. 07-1177 establishes a maximum annual assessment rate of $25.00 per front foot for all tax parcels. This notice is recorded to provide constructive notice of the annual assessment to purchasers of real property located within t1le Credo Street Road Paving Assessment Area. Neither Resolution No. 07-1171, Resolution No. 07-1177 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 animal assessment resolution, assessments shall constitute a lien against assessed real properly equal in rant-, 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 assessinent 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. (SEAT;) ; I I " a i ATTEST: .. 0- -7 Sarah'M. Mifus, CMC, C Clerk CITY OF LONGWOOp, FLORIDA 1= C) C I x John C. M n yor � `C. � Cy C C Ct rT7 rr; -< "*1 "o !O CJ n n t Ln r tt �� r, «�.•.• z u� n. ru Cr, ru IV cn Cr, i� O [.PI V 0 1 1'r1 C• Ln rl7 :LI x U1 w C n c A EYI -MIT A CREDO STREET ROAD PAVING ASS: SSMENT AREA The following table includes tax parcel numbers included within the Credo Street Road Paving 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. 07-1177) and the number of front feet attributabl,. to each parcel, if applicable. FRON'r PARCEL I.D. FEET 32-20-30-510-0000-0200 61.00 32-20-30-51O-OAOO-0090 98.00 32-20-30-503-0000=009D 85.00 32-20-30-51 O-0 FOO-0010 122.00 32-20-30-51 O-0 EOO-0110 100.00 32-20-30-512-0000-023A 69.00 32-20-30-512-0000-0230 69.00 32-20-30-512-0000-00 i 0 100.00 32-20-30-512-OL00-013A 75.00 32-20-30-512-OL00-0110 75.00 32-20-30-512-0 K00'-0010 100.00 32-20-30-512-0 C00,-02';0 100.00 32-20-30-514-0000 1 0120 21.32 32-20--30-515-0000-0090 52.42 32-20-30-512-0E00-0110 59.53 32-20-30-512-OM00-01'10 40.84 32-20-30-512-OD00-0120 65.11 32-20-30-515-000M080 24.26 D-2, APPENDIX E ASSESSMENT ROLL Code Parcel Number Amount LSCR 32-20-30-51O-OCOO-0200 101.67 LSCR 32-20-30-51O-OAOO-0090 163.33 LSCR 32-20-30-503-0000-009D 141.67 LSCR 32-20-30-51 O-OFOO-001 0 203.33 LSCR 32-20-30-510-OE00-0110 166.67 LSCR 32-20-30-512-0000-023A 115.00 LSCR 32-20-30-512-0000-0230 115.00 LSCR 32-20-30-512-0000-0010 166.67 LSCR 32-20-30-512-OL00-013A 125.00 LSCR 32-20-30-512-OL00-0110 125.00 LSCR 32-20-30-512-OKOO-0010 166.67 LSCR 32-20-30-512-0000-0230 166.67 LSCR 32-20-30-514-0000-0120 35.53 LSCR 32-20--30-515-0000-0090 87.36 LSCR 32-20-30-512-0EOO-0110 99.22 LSCR 32-20-30-512-OM00-0110 68.06 LSCR 32-20-30-512-OD00-0120 108.51 LSCR 32-20-30-515-0000-00'80 40.44 LSCR 32-20-30-503-0000-00.8A 58.08 LSCR 32-20-30-513-0E00-0130 '79.81 2,333.69 I� APPENDIX F FORM OF CERTIFICATE TO NON -All) VALOREi\l ASSESSMENT ROLL v CERTIFICATE TO NON -All VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, I am the Mayor of the City of Longwood, Florida (the "City"); as such I have satisfied myself that all real property included or includable on the non -ad valorem assessment roll for the Credo Street Road Paving Assessment Area (the "Non -Ad Valorem Assessment Roll") for the City is properly assessed so far as [ 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 FLIRT 3ER CERTIFY that, in accordance with the Uniform Assessment Collection .Act, this certificate and the herein described Non -Ad Valorem Assessment Roll w411 be delivered to the Seminole County Tax Collector by September 15, 2040 IN WITNESS WIIEI2EOF, 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 Valoren-i Assessment Roll this kZ'4" day of , 2000 CITY OF LONGWCIOD, FLORIDA M John C. ' Ma ij- 6�_,/Mayor [to be delivered to Tax Collector prior to September 151 F-1 NWA W& WFAW4 SENINOLE COUNTY CLERK OF CIRCUIT COURT i COMPTROLLER BK 08122 )95 1797 - 1796; (fts) CLERKS # 2013118160 REMM 09/12/2013 12118146 PN REINDINB FEES IL 50 NOTICE OF ASSESSMENfFM BY T Snith On September 5, 2007, the City Commission of the City of Longwood, Florida, adopted Resolution No. 07-1177, which imposed special assessments against real property located within the Credo Street Road Paving Assessment Area, which includes the real property described in Appendix E of Resolution No. 07-1177, to finance road improvements. 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. 07-1177) and the number of front feet attributable to each tax parcel, if applicable. 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, 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. 07-1171. The assessment roll, which identifies the number of front feet attributable to each parcel of real property is on file at the City of Longwood, Florida City Hall and is open to public inspection. Resolution No. 07-1177 establishes a maximum annual assessment rate of $25.00 per front foot for all tax parcels. This notice is recorded to provide constructive notice of the annual assessment to purchasers of real property located within the Credo Street Road Paving Assessment Area. Neither Resolution No. 07-1171, Resolution No. 07-1177 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 1, the lien date for ad valorem taxes. This notice does not and shall not be coated<,to require that individual liens or releases be filed in the Official Records. CITY OF LONGWOO , FLORIDA (5EALyj •, • .... l n John C. M Yor 192 M �g M 0—t M • a � n s d� d " C x C N N is Sarah, 4,.Mirus,.C.Me Clerk a)m b.- 0 r U D-1 W c.CAro Lo EXHIBIT A CREDO STREET ROAD PAVING ASSESSMENT AREA The following table includes tax parcel numbers included within the Credo Street Road Paving 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. 07-1177) and the number of front feet attributable to each parcel, if applicable. FRONT PARCEL I.D. FEET 32-20-30-51O-OCOO-0200 61.00 32-20-30-51O-OAOO-0090 98.00 32-20-30-503-0000-009D 85.00 32-20-30-51 O-OFOO-0010 122.00 32-20-30-510-0 E00-0110 100.00 32-20-30-512-0000-023A 69.00 32-20-30-512-0000-0230 69.00 32-20-30-512-0000-0010 100.00 32-20-30-512-OL00-013A 75.00 32-20-30-512-OL00-0110 75.00 32-20-30-512-0 K00-0010 100.00 32-20-30-512-OCOO-0230 100.00 32-20-30-514-0000-0120 21.32 32-20--30-515-0000-0090 52.42 32-20-30-512-OE00-0110 59.53 32-20-30-512-OMOO-0110 40.84 32-20-30-512-ODOO-0120 65.11 32-20-30-515-0000-0080 24.26 D-2