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Resolution 09-12251� RESOLUTION NO. 09-1225 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LONGWOOD,, FLORIDA, APPROVING ASSESSMENT ROLLS FOR VA2IOUS WASTEWATER ASSESSMENT AREAS ESTABU1iSHED PURSUANT TO ORDINANCE NOS: 01-1574, 012-1604 AND 04-1701; DESCRIBING THE LIEN AS`.SOCIATED THEREWITH; DIRECTING THAT THE ASSESSMENT ROLLS 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, 2001, as amended and supplemented by Ordinance No. 04-1701, enacted by the City'Commission on'July 19, 2004 (collectively, the "General Assessment Ordii:iance") 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, the City Commission enacted Ordinance No. 02-1604 on March 18, 2002 (the "Initial Wastewater Ordinance") to provide for the imposition of wastewater assessments for specific areas of the City; and WHEREAS, pursuant to the Initial! Wastewater Ordinance, General Assessment Ordinance and certain related resolutions,1 the City Commission created and imposed special assessments within the Initial Wastewater Assessment Area on March 18, 2002, the 2002 Wastewater Assessment Area on July 1, 2002, the 2003 Wastewater Assessment Area on July 21, 2003, the 2004 Wastewater Assessment Area on August 30, 2004, the I1 2005 Wastewater Assessment Area on September 7, 2005, the 2006 Wastewater Assessment Area on August 28, 2006, the 2007 Wastewater Assessment Area on September 5, 2007, and the 2008 Wastewater Assessment Area on September 3, 2008; and WHEREAS, pursuant to the provisions of the Initial Wastewater Ordinance and General Assessment 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 BY 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 Initial Wastewater Ordinance, General Assessment 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 Initial Wastewater Ordinance and General Assessment Ordinance. P SECTION 4. APPROVAL OF ASSESSMENT ROLLS. The assessment rolls on file with the Assessment Coordinator for the Initial Wastewater Assessment Area, the 2002 Wastewater Assessment Area, the .2003 Wastewater Assessment Area, the 2004 Wastewater Assessment Area, the 2605 Wastewater Assessment Area, the 2006 Wastewater Assessment Area, the 2007 Wastewater Assessment Area, and the 2008 Wastewater Assessment Area are 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, 2009 and a.ca,:)mpanied by a Certificate to Non -Ad Valorem Assessment Roll in substantially the form attached to the implementing documents for each assessment area. SECTION 5. ASSESSMENT LIENS. Pursuant to the Uniform Assessment Collection Act, the Initial Wastewater Ordinance and General Assessment Ordinance, special assessments imposed within f-le assessment areas listed in .Section 4 above 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 lavv,' 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 a on perfected u adoption of this Annual Assessment Resolution and shall attach P p P to the real property included on the assessment roll as of January 1, 2009, 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. SEVERABLLITY. 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. SECTION S. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this 14th day of September 2009. (SEAL) CITY OF LONGWOOD, FLORIDA By: Ha od JG. Bundy, Jr., a for ATTEST: A y: Sarah M. Mirus, MMC, MBA, City Clerk APPROVED AS TO FORM AND CORRECTNESS: By: Teresa S. Roper, City Attorney 11 F