Resolution 04-1103RESOLUTION NO. 04-1107
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, RELATING TO THE
CONSTRUCTION AND FUNDING OF WASTEWATER
COLLECTION FACILITIES, AND RELATED
CONNECTION AND WASTEWATER CAPACITY
CHARGES; CREATING THE 2004 WASTEWATER
ASSESSMENT AREA; CONFIRMING THE INITIAL
ASSESSMENT RESOLUTION; ESTABLISHING THE
MAXIMUM AMOUNT OF THE ANNUAL ASSESSMENT;
IMPOSEJG ASSESSMENTS AGAINST REAL PROPERTY
WITHIN THE ASSESSMENT AREA; APPROVING THE
ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF
THE ASSESSMENTS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission (the "City Commission") fthe CityofLongwood,
Florida, enacted Ordinance No.0I-I574 on June Ig, 200L as amended end supplemented by
Ordinance No.04.1701, enacted bythe City Commission on July 19,2004 (collectively, the
"Ordinance. ), to provide for the creation o f assessment areas and authorize the imposition of
special assessments to fund the construction oflocai improvements to serve lb—1 property
located thin; and
WHEREAS, on August 2, 2004, the City Commission adopted Resolution No. 04-
1097, the Inlllal Assesamant Resolution, proposing creation of the 2004 Wastewater
Assessment Ara. and deserib{ug fhemethed of ees— mg the cost of Wastewater Collection
Facilities (es therein defined), and related connection and wastewater capacity ebergeu
,gai- tba —1 pmpefty that ill be specially benefited thueby, and di —mg pcmauaban of
the tentative Assessment Roll and provision of the notices required by the Ordinance; and
WHEREAS, p—.aal to the p.—i-, of the Ordinance, the City is required to
—firm o, repeal the l,ifi,l Assessment R—lutim, with such ou,chdoacut, a, the City
C-now, deems appropriate, afy, hearing m—ha and —Mag bj-u,aa of all
interested panioa; and
WHEREAS, the A—,ouctu Roll bas hc—fore been filed at Cily Hall, a, .,uhcd
by the butud A,,,,m,,t R—hui- and the Ordinance; and
WHEREAS, as requited by the ccm, offfic Ordinance, notice of,public h,,d,g has
been pbliahcd and coled w each real pmp-y —, p,,p,,,d to be .,..seed notifying
such real property — of the opportunity to b, heard; the pm,f of publication and au
affidavit of mailing am —hed hereto as Appendixes A and B respectively; and
WHEREAS, a public hearing has been duly hold cad c.—c- and objections of.11
mhoc,acd pc.a. have been heard ..d considered. regci,cdbytheterm, oftho Odi .... c.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. This Resolution i, adopted pc—ch to the
Ordinance, Chapter 166, Florida Stmt,,, and other applicable provisions oft—,
SECTION 2. DEFINITIONS, This Resolution i, the Final Assessment
Resolution , defined i, the Ordinance. All I.piMliz,d — i. this R—lafich shall have
the ucauhga defined i, the Ordinance and the fihthh Assessment Resolution.
2
SECTION 3. CREATION OF ASSESSMENT AREA. The 2004
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 e,,,mom of real property located therein by funding the conshuofion of
Wastewater Collection Facilities, and related connection and wastewatercepaeirychargas to
provido wastewater collection service to real property located within the Assessment Area.
SECTION 4. CONFIRMATION OF INITIAL ASSESSMENT
RESOLUTION. The loitial Assessment Resolution is hereby c,.f m,d.
SECTION S. APPROVAL OF ASSESSMENT ROLL. The Assessment
Roll, a copy of wbiob is attached horem as Appendix E, is hereby approved.
SECTION 6. ASSESSMENTS.
(A) The Tax Parcels described in the Assessment Roll are hereby found to be
speciallybenefited by the availability and provision of—stoomm, service in the amoo o of
the maximum annual Assessment set forth in the Assessment Roll. The methodology for
compufing annual Assessments described m the Initial Assessment Resolution is hereby
approved. Annual Assessments computed in the manner described in [he Initial Assessment
Resolution are hereby levied and imposed (A) with respect to Institutional Pmpettyparcels,
fora period of fift— (15) years, and OU with ra,psot m all other parcels, fora period often
(10) years, each commencing with the ml valorem rods bill to be mailyd In October oc
November 2004, as set fotth in the Assessmem Roll attached as Appendix E hereto.
(B) Up- adoption ofthi, Resolution ad the Annual Assessment Resolution f,,
each wb,,q,,mt Fiseal Year:
(1) The ...] Asscs—c—hll —fitatea -lpw-y
q,,] in mak and dignity with the he,, ofall state,ty, district or municipal taxes
and othunw-ad valorem assessments. E—le—themi,epovidedbyl ...... b he,
,h,l I be superior iv digaity to all other he.,, title, and claims, a.fil the ad -l—aa tax
bill f,, such y..r is otherwise paid i, hall p,,,,,t t, the Uch— Assessment
Clllmti., Act. The lien shall be deemed perfected ape, adoption of each annual
assesamwt —1,fi- sad shall ausehh, 'heccal pmpaVincluded mthe Assessment
Roll as ofthe prior J,..,,y 1, the lien date for ad valorem taxes.
(2) A, 0 any T- P-1 that is acquired by , public entity through
condemnation, negotiated ad, 11 otherwise prior t, adoption of the next Annual
Assessment
assessed real propertyequal in rank wddignitywith the liensofall state, cowty, district
or municipal ... ..d other non -ad -heem assessments. Except as otherwise
provided by I- such lien shall be superior i, dignity t, all other limos, titles and
.,61 paid. The lien shall be deemed perfected upon adoption by the City
Commission ofth, Ann,,[ Assessment R... 1,6- sad shall attach t, the real property
included m the As-- Rail ap.n adpfi.a of the Aw..l Aasessaeab Resolution.
SECTION]. COLLECTION OF ASSESSMENTS. The Assessme—Inll
be e,11,,I,d p,,,ent to the Unif m Assessment Cclleetoo, Act. Upon adoption of the
Annual Assessment Resolution for each Fiscal Year, the Assessment Ceordinatorshall cause
the certification and delivery ofthe Assessment Roll to the Tax Collector by September 15,
in the manner prescribed by the U.ifortn Assessment Collection Act. The Asse —t Roll,
as delivered to the Tax Collector, shall be accompanied by Certificate to Nov -Ad Valorem
Ass cn— Roll in substantially the form aU.,b,d hereto as Appendix F.
SECTION R. EFFECT OF FINAL ASSESSMENT RESOLUTION.The
adoptien of this Final Assessment Resolution shall be the final adjudication cf the issues
presented huein and in the Inifial Assessment Resoluton (i,dnding, but not limited to, the
method by which the Assess -will be computed, tho Assessment Roll, the maximum
annual Assessment, the levy and lie, fthe Aasesments and in, terms for prepaymant ofthe
Aesaeamen6) unless proper steps are initiated in a court ofc—p-injurni&fion to secure
reliefwitbi, twe,ty days from the date of City Commission action on this Final Assessment
Resolution.
SECTION 9. PREPAYMENT NOTICE. The Assessment Coordinator is
hereby directad to provide nofice by first In. .it to the owner of each Tax Parcel
described in the Assessment Roll ofthe oppic—ity ro prepay ell future annual Assessments,
without financing cost The mtiee,ins,bstantislly the form attached as Appendix C, aball
be mailed to each resl property owner at the address utilized for the noticep—idedp-aant
to Section 2.05 ofthe Initial Assessment Resolution.
SECTION 10. ASSESSMENT NOTICE. The Assessment Coordinator is
hereby directed w record a general notioe of the Assessments is the Offeial Records Hook in
the office offh Seminole County CWk ACourts. Saab notice shall be is substantially the
form anach,d as Appendix D. The preliminary Assessment Roll cad each annaai
Assessment Roll shall be retained by the Assessment Coordinator and shall be available for
public inspection.
SECTION IL EFFECTIVE DATE. This Resolation sball take effect
immediately upon its adoption.
DULY ADOPTED this 30th day of A,gast, 2004. �.
CITY OF LONGWOOgD, FLORIDA
Da mod G. Dandy, Jr., Mayo
ATTEST:
Sarah M. Mijares, Ci—
Approved as to form and coaechress:
Richard S. Tayl r, ]n, City Atto
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APPENDIX A
PROOF OF PUBLICATION
THE SANFORD HERALD
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APPENDIX B
AFFIDAVIT OF MAILING
AFFIDAVIT OF MAILING
STATE OF FLORIDA
COUNTY OF SEMINOLE
BEFORE ME, the undersigned authority, personally appeared Carol Rogers, be
after being duly swom, deposes and says:
1. I, Carol Rogers,serving in mycapacityas the Assessment Coordim- ofthe
City of Longwood, Florida, mailed the motiaes requimd by Section 2.05 of Resolution He.
04-1097, adopted by the City Commission of the City of Longwood, Florida, on August 2,
2004.
2. On or before August 10, 2004,1 mailed, or directed the mailing of, a notice in
accordance with Section 2.05 ofResolam, No. 04-1097 by first class mail, to each ownerof
real property within the 2004 Wastewater Assessment Area w conformance with the
reguiramomta of City Ordinance No_ 01-1574, as emended and supplemamed by City
Ordinance No. 04-1701, at the address shown on the real property assessment tav roll
maintained by the Seminole County Pmperty Appraiser for the purpose of the levy and
collection of ad valorem taxes.
FURTHER AFFIANT SAYETH NOT.
STATE OF FLORIDA
COUNTY OF SEMINOLE
'fha foregoing instrument was acknowledged before me by Caml Rogers, who is
personally known to me or who has produced as identificatimiand di id no[)
ake av oath.
WITNESS, my bend and offiviel seal thiap day AU, 2004.
((JJ
Signatu eof person 'ng ac owiedgment
Name of eoknowledgu (printed)
"'Hw aamx�
My eommisstov expires:
APPENDIX C
FORM OF PREPAYMENT NOTICE
CITY OF LONGWOOD
175 West Warren Avenue
Longwood, Florida 32750
407/260-3440
[Iosart Date
[Insort property [Ifarence infotmalion]
Dear Property Owner
The City Commission recently established and approved a speoi,l assessmem for
wastewater collection facilities, related ennowtion ehargeaandwastewater capacity charges
within the 2004 Wastewater Assosameat Area. This type of finaneing where the teal
property owners participate in the cost of the program is used throughout Florida and is
consistent with rho policy in the City of Longwood.
The assessments will be collected ou the ad valorem tax bill, as andontind by Section
197.36Waal In32, Florida Statutes. The asses—ts will be payable in [ten (10)] [fifteen (15)]
stallments, the first of which shall be ineluded on the ad valorem tax bill to be
mailed in October or November 2004. Failure to pay the assessments will cause a tax
certificate to be issued against the property which may result in a loss of title.
Anyassessmentmaybeprepaidinfullifpaymenti,mc ivedonorpriorto September
30, 2004. Theamoontrequiredwptapaythe assessment on or prior to September 30, 2004
includes the but parcels sham of the cost of the project, connection charges and related
wasrewatercapaedy harges afterthe City has contributed funds to pay for a portion fthose
oosta. [After September 30,2004, interest will be charged on the outstioningbolaneeatthe
lesser of the City, average investment rate, or 8%per annum.]
Please make one for prepayment amounts payable to {insert specific payee
direat;onsj. Prepayment may ba madeby mail to {insertmeiting directions}, or in parson at
City Hall, 175 West Warren Avenue, Longwood, Florida Please be one to either write the
.sessonno parcel number (shown at the top fthis letter) on your check or return tbis Inner
with your payment.
As.essme --ds and copies of applic,b], Ordin..... and Resolatioas passed by
the City Commission ate on file at City Hall Iocated at 175 W,a Wave, Avev Longwood,
Florida.
CITY OF LONGW OOD, FLORIDA
APPENDIX D
FORM OF ASSESSMENT NOTICE
NOTICE OF ASSESSMENTS
On August 2, 2004, the City Commission of the City of Longwood, Florida, adopted
Resolution No. 04-1103, which imposed special ......menu against real property located
within the 2004 Wastewater Assessment A — which includes thereat property desedbedit,
Appendix E of Resolution No. 04-1103, be redbb—, the City for vests related to the
onstmotion of waslewnter collection fadlities, cad related connection and wastewater
eap.clty charges. Attached es Exhibit A to this notice is a list of the aff fed tax parcel
umbers and real property owners (as shown on the Seminole County ad valorem tax
ment roll as of the effective date of Resolution No. 04-1103) and the specific
..ant information for eaelr tax panel. Annnnl assessments will be collected on the ad
valorem tax bill, as authori,ed by Section 197.3632, Florida Statutes, for a period of fifteen
(15) years fortax parcels with a fop--tof R..... o Code of"70" through"79"as ofihe
adoption of Resolution No. 04-1103, and ten (10) years fr all other no. of real pope.,
cing with the ad valorem tax bill to be mailed hi October or November 2004. The
method of ....puling the annual ......meat for any panel of real property to which the
Property Appni.er has assigned a distinct ad valorem property tax identification number is
set forth in Resolution No. 04-1097. The assessment tall is on Rleat the (Sty ofLovgwood,
Florida City Hall and is open to public inspection.
This notiee is recorded to provide —tined- notice of the annual assessment to
punhasers of property located won ithin the 1004 Wastewater Assessment Area. Neither
Resolution No. 04-1097, ResolutiNo. 04-I103 nor this notice will create a lien upon the
reaI
property described above. The City Commission will adopt an annual assessment
.solution for each ftsc.l year. Upon adopfion of each annual assessment resolution,
menu shall coastitute 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
menu. The It shall be deemed perfected npon adopd.. of each annual assessment
.solution and shall attach to the real property included on the assessment roll as fthe prior
January 1, the It., data for ad valoremhat- This notice does not and shall not be consined
to nqulro that individual liens or releases be filed in the Official Records.
CITY OF LONGOOD, }W.�FLORIDA
L
H
apit9bal G. Dandy, Jr., Mayo
EXHIBIT A
2004 WASTEWATER ASSESSMENT AREA
TAe following (able includes tax parcel numbers included with,, the2004 Waate—
Assassment Area, the real property owner of—h part-( (as shown oo the Seminole Coonty
ad valorom tag assessment mll as of the effective date of Reavlotion No. 041103) and the
mex�mum annual nsseasmeot attributable to —1, pemcl.
APPENDIX E
ASSESSMENT ROLL
Parcel Number 0— Amount
32-2011111-02OO— LW04 38000
O6-2t-30300004E 0000 LW04
O6-21-30-502-0m -Ow0 LW04 663.90
30-503-0000-0160 LW09
062130303- WOO -0240 LWO4 ":00
O6-21-30-503-0000-026A 45.00
062110-503-0000U080 LW04 46500
06-21 d0-503-0000 9150 1101
33-20-30-512-00-0030 46500
33-20-30-512-0A00 0060 -11
33 -513-OA00-0O60 L 4 611.20
2620-30-5AR-0U00-ol' LWO4 46500
28-20-30-SAS-0MO-OOIO LW04 41—
28-2030.SAS OMO 0040 LWO4 465.00
31 �20-30-5AU-00001290 210.00
31-20-30_-OOOP2580 M04 445.00
33-20-517-0000.0020 LW04 46000
APPENDIX F
FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL
CERTIFICATE
TO NON -AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that, I am the Moyor of the City of Longwood, Florida (the
"City'); as such I have satisfied ,yselfth,t,l] real property included or includable ov the
non -ad valorem te—esment roll for the 2004 Wastewater Asaesaroe.I Area (tbe "Nov -Ad
Valorem Assessmem Rol)") for the City is properly assessed ao far as I have been We to
...main; and that all required exmvsions or the above-desorbed toll to show the non -ad
valorem assessments attributable to the real property listed therein have been made pursuant
to law.
IFURTHER CERTIFY that, inawordavicewith the U iform 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, 2004.
IN WITNESS W HREOF,Ibe,c subscribed thiscMificate and directedthesame
to be delivered to the Seminole County Tax Collector end made part oftbe above described
Nan -Ad Valorem A—troevt Ro➢ this ',Ili: day oC. Qr,orri- .2004.
CITY OF LONGWOOD, FLORIDA
NHa G. t od G. Bundy, Jr., May`r
[to be delivered to Tax Collector prior to September 151