Resolution 04-1104RESOLUTION NO.04-1104
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, RELATING TO THE
CONSTRUCTION OF ROAD IMPROVEMENTS;
CREATING THE MAGNOLIA/SEMINOLE/PALMETCO/
JESSUP AVENUE ROAD PAVING ASSESSMENT AREA;
CONFIRMING THE INITIAL ASSESSMENT RESOLUTION;
ESTABLISHING THE MAXIMUM AMOUNT OF THE
ANNUAL ASSESSMENT PER FRONT FOOT; IMPOSING
ASSESSMENTS AGAINST REAL PROPERTY WITHIN THE
ASSESSMENT AREA; APPROVING THE ASSESSMENT
ROLL; PROVIDING FOR COLLECTION OF THE
ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE.
WIiEREA.S,the City Commission(the"City Commission")ofthe Citydl,o, -d,
Florida, enacted Ordinance No. 01-1574 on lone I8, 2001, as amendedand suppl--d by
Ordinance No. 04-170L enacted by the City Commission on Eby 19, 2004 (nollectivoly, the
"Ordinance'), to provide for tbeaceafion ofassessment.mm and anthmin theimposifionof
special assessments to fimd the construction ofl... I improvements I,,— the real property
located therein; and
WHEREAS, on August 2, 2004, the City Commission adopted Resolution No. 04-
1096, the Initial Assessment Resolution, pmposing creation of the
Magnolia/Seminole/Palmctt,/Jessup Avenue Road Paving Assessment Area and descdbing
the method ofas ,ffig the costofRoad Impmve ae (as therein defined) against the real
pbep,,t, that will be specially benefited thereby, and dlrecfing p,,p,,Mi,, of the w-five
A—.ror Sell and provision of the -fi— required by the Ordinance; and
WHEREAS, pursuant to th, pollilioll of the Colirmor, the City i, required to
confimr or repeal the Initial Assessment Resolution, with ... h amendments ,, the City
C.-mm deems appropriate, after hearing comments and receiving objections of all
interested patsies; and
WHEREAS, the Assessment Roll h, haretof.e been filed at City H,11, a required
by the 1,ftwl Assessment Rm,],tim and the Ordinance; and
WHEREAS, as,,q,i,d by the terms of the 0ohn—, room ofapublio hearing bus
be,,, published and mailed to each —1 property owner proposed to be assessed notifying
such real property owner of the opportunity to be heard; the proof of publication and to
affidavit of —ifirg are attached hereto as Appr,di ... A end B respectively; and
WHEREAS, , public hearing has been duly held and comments md,bj,,fi,,,,f,il
interested persons have been heard and considered . eq,tfed by th,, tebre.flho Ook.....
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. This R-1,doo i, adopted P'll"t to the
Ordinance, Chapter 166, Florida SmWts, and other applicable p,,,,ii,m ofl—
SECTION 2. DEFINITIONS. This Resolution is the Final Assessment
Resolution as defined in the Ordinance. All eapini imd terms in this Resolution shall hnve
the meaning, defned in the Ordinance and @e Initial Assessment Resolution.
SECTION 3. CREATION OF ASSESSMENT AREA. The
Magno7in/Seminole/Palmetto/Je,sap Avenue Road Paving A,se —ot Area i, hereby created
to include the Tax Parcels described in Appendix E attached hereto. The Assessment Area is
created for the purpose of impmving the use and evjoynront of roal property I--d therein
by funding the conamtction of Road Improvements to benefit real property Iocated within the
Assessment Area.
SECTION 0. AMENDMENT OF THE INITIAL. ASSESSMENT
RESOLUTION. Section 1.03(K) ofthe Initial Assessment Resolution is hereby amended in
its entirety to read as follows:
SECTION 1.03 GENERAL FINDINGS It is bereby esaenaimd, dexenmined and
declined that:
(K) Iu order to eonshvat the Road ImprovomeNs within a portiov of the
Assessment Area, the City would have been required to purchase n certain right-of-
way on a Tax Parcel located of 200 North Waynnm Street. In It,, of paying the
Assessment, the owner of such Tax Parcel, the Longwood Church ofNazarone, Inc.
donated the right-of-way to the City. The value of the land donated 0 IT, City is
greater than the amount ofth, A,,,,,,t that would have been imposed against such
Tax Parco1. Accordingly, such To, Loom] i, not i,,I,d,d in the Assessment Area
SECTION 5. APPROVAL OF ASSESSMENT ROLL. The A.—,oi
Roll, , copy of,bi,h i, attached h,,t, m Appendix E, i, hereby appoved.
SECTION 6. ASSESSMENTS.
(A) The To, Parcels described in the A--mt boll are hereby found to b,
specially benefited by --fi- oflhe Road finpo--nts in the —.ftb, ..i—.
..noel A ..... o,—eEfthi.fl,,A--,tR,H. Th,,,th,d.],gyf,ro..pntinge...eI
--t, described in the finibil Assessment R—Infi- i, hereby ppo—d. Annual
Assessments winp-d in the manner described in the lontbil Assessment R,,Ifim are
hereby levied and imposed on all P—I, described mthe Assessment Roll fora period
of fifteen y—, commencing with th, ad valorem M bill W b, mailed in October n,
Noy—ln,, 2004.
(B) Upon ad,pfio, of tbi, R ... linfim and the Ann-1 A—m- R—hoom In,
each subsequent Fiscal Year.
(1) The annual Ass—.— shall cotubtatea It. against .—d —I pmp.V
equal in rank and dipi"ith the liens of all son,, county, district or municipal —
and other n.n-.d valorem assessments. Except . otherwise provided by l—, such Im.
shall b, wp,,i,, in dignity to all other Liens, fitles end claims, -fil the nd -lonon w
bill for such year i,, otherwise paid in F11 p..e.t . the Uniform Assessment
Celleefice Act. The lie, shall be deemed pedieted upon adoption of each mee
assessment seewe a,d shall attach w the —I property included m the M--t
Roll as of the prior J--U i, the lie, date for ad valorem
(2) A, t, .,y Tax Parcel the i, enquired by , public entity th .. gh
condemnation, negotiated sale e otherwise prior t, adeptio, of the next Annual
Assessment Resole ., the Adjusted Pep.,eee Amount shall em,e— be, against
.—M —] property ep.] i. —1, and dignity ilh the lives efel state, e-ey, ffiadel
,, ,,i,ip,l t— and other ...... d valorem assesmre,ts. Except a, eb—m,
provided by I— —h lie, shall be superior m dignity . A eh,, It—, title, and
eel paid The lie, A,11 be deemed pert tad upon adoption by the City
Commission ofthe Annual Assessment Resolution and shall attach the real property
i,,I,d,d on the Assessment Roll upon adopton efthe Am,e Assessment Resolution.
SECTION 7. COLLECTION OF ASSESSMENTS. The As--- shall
b, collected p—mt t, the Uniform Assessment Cdleefim Act- Up,, adoption of the
Annual Assessment Rmel.tie, for each Mee Year, the A. —.,et C—dmee,,hel eeo
the eefifiemie, and delivery of the A —we Roll t, the T- Collector by September 15,
i, the .....r p,,,,ib,d by the Uniform A,m,,,,t Collection AU. The A1,11—ee Roll,
m Mi—d to the T,, Wbete, shall b, ,,,mp,,id by , C,,fifie,w t, Non -Ad Wee,
Assessment Roll i, substantially the form attached he— as Appendix F.
SECTION 8. EFFECT OF FINAL ASSESSMENT RESOLUTION. The
,d,pfi,, of this Final Assessment Resolution shall be the fi-I adjudication of the issues
p—o-d herein and io the loili,ll As-- Resolution (including, hot not limited to, the
method by which the Ass--- will b, computed, the A,,,,,,,t Roll, the ..i,o,
annual A—s—1, the levy and lieu ofthe Assessments and the l— for prepayment efthe
Assessments) -1— proper steps are mitii,ted it , —i-t of—pet-jnrisdieto secure
tion
,efief,,ithie memy days from the date ofCityC,,,i,i,,, 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 —b Tax Parcel
des.fibed io the A.—ol Roll oflho opportunity sopopily.11 fumreannnal Assessments,
,itboutfinancing cost. The notice, i,substantially the form attached ,, Appendix C,shall
be mailedto each rent property owner at the address utiliud for the notice providedpursuant
to S,,d,, 2.05 ofth, Initial Assessment Resolufion.
SECTION 10. ASSESSMENT NOTICE. The Assessment C—dbi-e is
herebydirecled to recordag ..ml notice oftlte Assessments i, the Official Records Book io
th,,ffi,,,fth,Seminole County CIl,k,fC,lrls. S,,hooti—hollbehisobstsotbillythe
f.- attached .s Appendix D. The preliminary Assessment R.11 and each ii—I
Assessment poll shall b, retained by the Assessment Coordinator and shall be available for
m3mm=
SECTION II. EFFECTIVE DATE. This Resolution shall take effect
DULY ADOPTED this 30th day of August, 200L
CITY OF LONGW OO/JD, FLORIDA
ATTEST
Approved. to fottn and cortecmess:
Richard S. Taylor, 7r., Ci omey
EXHIBIT A
MAGNOLIA/SEMINOLE./PALMETTO/JESSUP AVENUE
ROAD PAVING ASSESSMENT AREA
The following table includes tax parcel numb,,, included ,ilbm the
Meuelie/Seminole/Palmetto/lessup Avenue Road Paving Assessment Area, the teal
property owner ofeach parcel (as shown on tha Saminole County ad valorem tat asseasmem
roll as of,]" effective dale of Resolution No. 04-1104 ) and the number of front feet
nttribnmblew each parcel, if applicable.
APPENDIX A
PROOF OF PUBLICATION
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APPENDIX B
AFFIDAVIT OF MAILING
AFFIDAVIT OF MAILING 1
STATE OF FLORIDA
COUNTY OF SEMINOLE
BEFORE ME, the undarsigned authority, personally appeared Carol Rogers, whq
after being duly sworn, deposes and says:
I. I, Carol Rogers, serving in my capacity as the Assessment Coordinamr of the
City of Longwood, Florida, mailed the notices required by Section 2.05 of Resolution No.
04-1096, adopted by the City Commission of the City of Longwood, Florida, on August 2,
2004.
2. On or before August 10, 2004, I mailed, or directed the mailing of, a notice in
accordance with Section 2.05 oLP-1,ti-No. 04-1096 by first clans mail, to each ownerof
reaI property within the Magnolia/Semiuole/Palmetto/]essup Avenue Road Paving
Assessment Area in conformance with the requirements of City Ordinance No. 01-1574, m
amended and supplemented by City Ordinance No. 04 170 1, at the address sh—on the real
property assessment tax roll maintained by the Seminole County Prop,m Appraiser for the
purpose of the levy and wllection of ad valorem taxes.
FURTHER AFFIANT SAYETA NOT.
B-I
STATEOFFLORIDA
COUNTY OF SEMINOLE
The foregoing inswmcnt was acknowledged before me by Carol Rogers, who is
personellyknoantomeorwhohasproduced asidentificaHonanddid did"y
take an oath.
WITNESS, my hand and offoial sent [his k1d�ay ofV�, A.D., 2004.
jS re ofpers talon ack( ,M,dg—t
Mom ��gIIL-1
Name of,,k owledger(printed)
My commtsston expire :M ;? o%sus
APPENDIX C
FORM OF PREPAYMENT NOTICE
CITY OF LONGWOOD
175 West Warren Avenue
Longwood, Florida 32750
407/260-3440
[Insert Date
[Insert property r,f,mnce infvrmaaov]
Dear Property Owner:
The City Commission recently established a,d,ppm,,d a special asses- for mad
and ancillary improvements within the Magnolia/Seminole/Palmatto/Jessup Avenue Road
Paving Assessment Area. This type of fi, n,i,g where the real property participate
in the cost of the program is used thm, ghom Florida and is consistent with the policy be the
City of Long,,,d.
The assessments will be collected on the ad valorem tax bill, as authorized by Section
197.3632, Florida Statutes. The assessments will be payable in fifteen (15) arra.1
installments, the first ofwhich shall be included on the ad valorem lac bill to be mailed iv
Oetobe,o,No... b,,2004. Failure to paytba assessments will causes tax certifieate to be
�esued ageivst the real property which may result in a loss of title.
Any assessment may be prepaid in full, at a discount of 10%, if payment k received
,,priorto September30,2004. Theamountrequiredmprepaythew,s ,menton,,pH,,
to September 30, 2004 includes the tax parcels share of the cost of the project afte, the City
has contributed funds to pay for a portion fthe Road Improvements. After September 30,
2W4, the 10%discount will no longer be available.
Pleas, make ehecks fo, prepayment amounts payable w (i.sen specific payee
dimctiovs}. Pmpaymevt may be made by mail to {insert mailing dimctions}, oriv person at
City Hall, 175 West Warren Avenue, Longwood, Florida Please be sure 1, either write the
asses m..t parcel number (show. at the top of this letter) en your,heck or tetam this left,,
with your payment.
Assessment records and copies of applicable Ordinances a.d Resoletio..s passed by
.e City Commission are on file at City Hall located at 175 West Warren Avenue, L,r,,,,od,
Florida.
CITY OF LONGWOOD, FLORIDA
APPENDIX D
FORM OF ASSESSMENT NOTICE
NOTICE OF ASSESSMENTS
Ov August 30, 2004, the City Commission ofthe CityofL.ngwo.d, Florid,, adopw
Resolution No. 04-1104, which imposed special assessments against real property located
witbin the Magn,li,/S-n,,le/Patin n,/Jessup A..... Road Paving Assessment Area,
which includes the real property described in Appendix E of Resolution No. 04-1104, to
financeroadimpmvemevts. A —limas ExhibitA¢o this notice isalisr of the affected tax
parcel numbue and real property owners (as shown on the Sevrinole County ad valorem tax
ment roll as of IheeffeotivedateofResolatiov No.041104) and the number offrort
feet mnboo ble to each tax parcel, if apph,,ble. Annual assessments will be collected on the
ad v,lorem tax bill, as auth,dzed by Section 197.3632, Flonda Statutes, for , period of
fifteen (15) years, commencing with the ad valorem tax bill to ba mailed in October or
November 2004. The method of computing the annual assessment fin, any parcel of real
property to which the Property Appraiser has assigned a distinct ad valorem property tax
ea idtifioation number is set forth in Resolution No. 04-1096. The assessment mll, which
identifies the vumber,ffrout feet attributable to each parcel of property is on fileet the
City of L,,gw d, Flonda City Hall and is, pan to public inspection. R—I.tionNo. 04-
1104 ostablish. a maximum annual assessment rate of $25.00 per froot foot for all tax
parcels.
This notice is recorded to provide constnicme notice of the annual assessment to
p...
h..'.""I property l—d withi, the Magnolia/Sominole/Palmetto/Jrseup Avanne
Road Paving Assessment Area. Neither Resolution No. 04-1096, Resolution No. 04-1104
or this -two will create a lion upon the real property descred ab ibove. The City
Commission will adopt an armual assessmentresolution I ....h fiscal year. Upon adoption
of...hannualassessment resoluti....... ment-mill constitute a Jim against a w,,d ml
property equal in rank and dignity with the lien, of all state, county, dishia or municipal
razes 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
oa the assessment roll as of the pi., nu rior January 1, the lien date ford valorem nixes. This
notice does not and shall not be oo —dto require that individual liens .—I.— be filed
in the Official Records.
CITY OF LONGWOOD, FLORIDA
L l rl
Ha od G. Bundy, Ir., Ma r
\ \ (
>mmeagmmegqRmmml
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 Mayor of the CityofLongwood, Florida (the
"City"); as such 1 have satisfied myself that all reel property iocladed or in.lodeble on the
non -ad valorem assessment roll for the Magnolia/Seminole/Palmetto/Jessup Avenue Road
Paving Assessment Area (the "Non -Ad Valorem Aase ,— Roll") for the City is properly
assessed so far as I have been able to ascertain; and ibet all required extensions on the above -
described roll to show the non -ad valorem assessments attributable b, the real property listed
tbe.ein have been made persuant to law.
I FURTHER CERTIFY that, i...... dance with the Uniform Assessment Collection
Ad, this certificate and the herein described Non -Ad Valorem Assessment Roll will be .�
deli—,,d t. the Seminole County Tax Collector by September 15, 2004.
IN WITNESS WHEREOF, I be— subscribed this certifrcete and directed the same
to be delivered to the Seminole County Tax C.11-.r and made pan ofthe above des.dbed
Non -Ad Valorem Assessment Roll this 3L day of n1,{-, 2004.
CITY OF LONGWOOD, FLORIDA
A
a.o�� Z
d G. Bundy, Jr., M l
it, be delivered to Tax Collector prior to September 151