Resolution 04-1107RESOLUTION NO.04-1107
A RESOLUTION OF THE CITY COMMISSION OF
LONGWOOD, FLORIDA RELATING TO THE
MAINTENANCE OF THE TIBERON COVE LOCAL
IMPROVEMENTS; CREATING THE TIBERON COVE
MAINTENANCE ASSESSMENT AREA; IMPOSING
SPECIAL ASSESSMENT'S AND ESTABLISHING THE
MAXIMUM ANNUAL AMOUNT FOR EACH TAX
PARCEL; APPROVING THE ASSESSMENT ROLL;
PROVIDING FOR COLLECTION OF THE ASSESSMENTS;
AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, the City Commission of the City of Longwood, Flonda IF, "City
Commission") enacted Ordioaaee No. 01-1574 on June 18, 2001, as amonded and
supplemented by OrdiaanceNo.04-1701, enacted bytbe City Commission on July 19,2004
(wlleclively, the "Ordinance") to provide for the imposition of special assessments to fund
(I) the oonstmetioo of Local Impmvements to bevefit real property located in proposed
special assessment areas and (2) the wst of maintaining each Local Improvements; and
WHEREAS, on August 2, 2004, the City Commission adopted Resolution No. 04-
1100 (the 'Initial Assessment Resolution'), proposing the oraation of the Tiberon Cove
Maintenance Assessment Area and describing the method ofassessing the Maintenance Cost
of the Tiberon Cove Local Improvements (as defined therein) against lho real property that
will be specidlybenefited thereby, and d,m,dug preparation fthe tentative Assessment Roll
and the provision of the notices required by the Ordinance; end
WHEREAS, pursuant to the provisions ,£the Ordinance, the City Commission is -�
required to confine or repeal the Initial Assessment Res,letm, with such amandes—as the
City Commission deems appropriate, after herring comments and receiving objwtions,fnll
interested parties; and
WHEREAS, the Assessment Roll has heretofore been tiled at City Hall, as required
by the Initial Assessment Resolution; and
WHEREAS, a,,,q,i,,dbyth,t, m,,ftheOrdinance, notice of, public hearing has
been published and mailed to each real property Dome, proposed to be assessed notifying
such real property owner of the opportunity 1, be heard; the proof of publication and an
affidavit of mailing are attached hereto es Appendices Band C respectively; and
WHEREAS, a public hearing has been delybeld and comments and objections ,fall
interested persons have been heard and considered as required by the terms efthe 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 other applicable provisions of law.
SECTION 2. DEFINITIONS. This Resolution is the Final Assessment
Resolution as defined in the Initial Assessment Resolution. All capitalized temrs in this
Resolution shall have the meaning, defined in the Ordinance end the Itufial Assessment
Resolution.
SECTION 3. CREATION OF THE ASSESSMENT AREA. The Tibemn
Cove Maintenance Assessment Area is hmebycreated to ireledetho Tax Pmoels d—ribed in
Appendix A herrno. I'he Tibmon Cove Maintenance Assessment Area Is created for the
purpose of enhancing the use and enjoyment of roal property located therein by fending the
Maintenanee Cost of the Tibemn Cove Local Lnprovements.
SECTION 4. CONFIRMATION OF INITIAL ASSESSMENT
RESOLUTION. The Initial Assessment Resolution is herebyoonfirmed.
SECTION 5. APPROVAL OF ASSESSMENT ROLL. The Assessment
Roll, s copy of which is attached bereto as Appendix A, is hereby approved.
SECTION 6. MAINTENANCE ASSESSMENTS.
(A) The Tax Parcels described in the Assessment Roll me hereby foend m be
specally bonefiled by the Maintenance of the Tibmon Cove Local Improvements in the
amoem efthe maximum annual Maintenance Assessment set forth in the Assessment Roll.
The methodology for computing annual Maintenance Assessments described in the Initial
Assessment Resolution is hereby approved. Avnual Maintenance Assessments computed in
the manner described in the Initial Assessment Resolution are hereby levied and imposed on
sll Tax Pacels described in the Assessment Roll. Tax Pereels located in the Tibemn Cove
Maialenanoe Assessment Area shall have a maximum annual Maintenance Assessment ate
of $72.58 per Planed Lot, commencing with the tax bill mailed in October or Novembm
im
(B) Up- adoption ofthis R—Moo sad the Athta,l Assessment Resolution for
each subsequent Fi—I Year
The annual M,ithea— As—tama shall constitute , lien against
assessed —1 property equal in —k and dignity with the li..s of all state, county,
district or municipal — ead olha nonad valorem —xpoa— E—pt as
.th .. ise provided by I— such be, shall b, superior i, dignity to all other liens,
titles sad olsims, until the ad valorem 0, bill to, such y.r is oth—rise paid in fall
pursuant to the Uniform Assessment C,11,,6,, Aet, The Ism shall be deemed
ped-tad ap,a adoption by the City C—pa,han of the —1.1 Assessment
Resolution and,h,l] attach to the,,,[ property i,,I.d,d on the Assessment poll as of
the pi., J—.q 1, the lien d.te to, pet vakaxxo taxes.
(2) A, to any Tax Parcel that is ,q,i,,d by , public entity thmagh
condemnation, negotiated sale or otherwise pi,, to the adoption of the next A-1
Assessment Ra,.Ifi.o, the Maintenance Assessment shall .—tiotte x lien against
--d real property equal i, —k and dignity with the liens of all state, emoty,
district o, —.i.ip.1 thses and other d -1—ta assessments. Except .
otherwise provided by l—, such hen sb.11 be superior in dignity to all other flaos,
titles and oltdms, until paid. The Ilan shall b, & ... d perfected peep adoption by the
City C,,,i,,i,, ofthe Annual Assessment Resolution ead ehall attach to thereat
shall be hi substantially the fom attached as Appendix D hece[o. The preliminary
Assessment Roll and each annual Assessment Roll shall be mMffi,d by the Assessment
Coordinator and shall be available for public inspection.
SECTION 12. EFFECTIVE DATE. This Resolution shall tale, effect
DULY ADOPTED this 30th day of August 2004.
CITY OF LON'GWOOD, FLORIDA
(SEAL) By:� /J,, M y
Ha d G. Bundy, Jr., Mayor
ATTEST:
By Sa S Cary Clerk
APPROVED as to form and correctness:
By /
'chard S.Taylor,J C �Sttomey
property included on the Assessment Roll upon adoption of the Annual Assessment
Resolution.
SECTION 8. COLLECTION OF MAINTENANCE ASSESSMENTS. The
Maintenaoce Assessments shall be collected pursuant. the Uoifonn AsseesmentCollmtioa
Aet. Upon adoptioa of the Annual Assessment Resolution for each Fiscal Year, the
Assessment Coordinator shall cause the certification and delivery fthe Assessment Roll to
the Tax Colleetor by September 15, io he manner prescribed by the Uniform Assessment
Collection Aet. The Assessment Roll, ae delivered to the Tax Collector, shall be
accompanied by a Certifoate to N—Ad Valorem Assessments in substantially the form
attached here. as Appendix E.
SECTION 9. EFFECT OF FINAL ASSESSMENT RESOLUTION. The .�
adoption fthis Resolution shall be the fiaal adjudication ofthe issues presented herein and
in the Initial A....eat Resolution (including, but out limited to, the method bywhieh the
Maintenance A....eats will be computed, the Assessment Roll, the maximum annual
Maintenance Assessment eod the Eery and lien of the Maintenance Assessments) unless
proper steps are initiated in a court ofe—p.1-ju6sdieti- to secure reliefwithin 20 days
from the date of City Commission action on this Resolution.
SECTION 10. ASSESSMENT NOTICE. The Assessment Coordinator is
hereby directed to record this Resolution as notice of the Maintenance Assessments in the
Official Records Book in the office of the Seminole County Clerk of Courts. Such notice
5
APPENDIX A
ASSESSMENT ROLL
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APPENDIX B
PROOF OF PUBLICATION
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APPENDIX C
AFFIDAVIT OF MAILING
AFFIDAVIT OF MAILING
STATE OF FLORIDA
COUNTY OF SEMINOLE
BEFORE ME, the undersigned authority, personally appeared Carol Rogers, who,
after being duly sworn, deposes and say:
I. 1, Carol Rogers, serving in my capacity m the Assessment Coordinator ofthe
City of Longwood, Florida, mailed he notices required by Section 2.05 of Resolution No.
04-1100, adopted by the City Commission of the City of Longwood, Fonda, on August 2,
2004.
2. On or before August 10, 2004, I mailed, or directed the mailing of, a notice in
ueeordanee witb Seetion 2.05 of Resolution No. 04-1 No by first elass mail, m aach ownerof
reaI property within the Tibema Cove Maintenance 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 AFFIANTS SAYETH NOT.
C�FAO
Affrant
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was aoknowledged before me by Carol Rogerts, who is
persouelly known to me or who has produoed
es identification and di did not
take an oath. n
WITNESS, myhand and offiolael�s�1IN s ftAq t' ,A.D., 2004.
(/�lyvyy
Jon
Signahre faking ackn M dgment
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My commission"Pirae: r�da
APPENDIX D
FORM OF ASSESSMENT NOTICE
NOTICE OF ASSESSMENTS
On August 30, 2004, the City C,mmissi„ of the City ofL-g—d' Florida, adopted
Resolution No. 04-1107, which imp ... d special assossments against real pmpetty located
within the Tiberon C,ec Maintenance Assessment Area, which includes the real property
ror deibed in Appendix A ofRe..how, No. 04-1107, at finance mainte... cc doemi, local
improvements. Attached as Exhibit A fo this notice is a fist of the affected tax parcel
umbers and real property owners (as shown on the Seminole County ad valorem tax
me,t o, I as,fthe eff,,ti,, dateofRe..lutio, N,. 04-1107) oodtheaomberofplatled
lots attributable le each fax parcel, ifapplie.ble. Annual assessments will be collected on the
ad valorem tax bill, as a,tb,6,,d by Section 197.3632, Florida Statutes, --mg mg with
the ad valorem tax bill to be mailed in October or November 2004. The method of
ompufiog the amoral assessment for any parcel of real property to which the Property
Appraiser has assigned a distinct ad valorem property tax identification number is set fonhin
R... lobe, No. 04-1100. The assessment roll, which ide,trfes the number of platted lots
attributable to each parcel of real property is on file at the City of Longwood, Flotda City
Hall nd is open t ao public inspection. Resolution No. 04-1107 establishes a maximum
annual aesaasmen[ rote cf $72.58 per plotted lot fur all tax poo,ck
This notice is recorded to provide constructive notice of fh. annual assessment to
purohasets o1-1 property located within the Tibet -Cove Maiuteo... c Assessment Area.
Neither Resolatioo No. 04-1100, Resolution No. 04-1107 nor this ne ie, will create alien
upon the real property described above. The City Commission will adopt an annual
meat resolution for each fiscal year. Upon adoption of each annual assessment
esolutio,, assessments shall constitute,he, against assessed real potpetty Noel in rank a ad
dignity with the he,, ofell sort,, couthy, district or municipal tuxos andolher ooa-,d valorem
me,ts. The lien shall be deemed perfected upon adoption of ... h annual assessment
resolution and shall attach to the real property included oa the azeessment roll as ofthe prior
January 1, the he. date for ad valorem I—. This notice does not and shall n,tb, construed
to require that i,dividual liens or releasos be filed in the Official Records.
CITY OF LONGWOOD, FLORIDA
H d G. Bundy, Jr., M o
EXHIBIT A
TIBERON COVE MAINTENANCE ASSESSMENT AREA
The f,]],,i,g table includes - parcel cambers i,,I,d,d within the Tiberon Cove
Maintenance A--- Area, the —1 property —, of each parcel (,, show. on the
S—,-k, C—Y ad valorem sex --,- roll a, oftb, efflive data fR ... 1,tim No.
04-1107) end the numberof pl,ftM lot, amib—ble to each parcel, if,ppli,,bl,.
APPENDIX E
FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL
CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that, I am the Mayor of the Cityof Longwood, Florida (the
"City; as such 1 It— satisfied myselfthat all real property inoladed or includable on the
nomad valorem assessment roll for the Tib— Cove Maintenance Assessment Area (the
"Non -Ad Valorem Assessment Roll") for the City is properly assessed so far as I have been
able 10 ascertain; aad that all required extensions on the above -described roll to show the
non -ad valorem assessments attributable to the real property fisted therein ha- been made
pursuant io law.
I FURTHER CERTIFY that, in w—d!... with the Uaifo a Assessment Collection
Act, this certificate aad the herein described Non -Ad Valorem Assessment Roll will be .a
delivered to the Seminole Coaaty Tax Collector by September 15, 2004.
IN WITNESS WHEREOF, I have subscdb,d this certifieatcsad directed the same
to be delivered to the Seminole Coaaty Tax Collector and made part fthe above described
Non -Ad Valorem Assessment Roll this day of 2111.
CITY OF LONGWOOD, FLORIDA
Ha d G. Bundy, Jr., yor
lto be delivered to Tax Collector prior to September 151