Resolution 06-1148}
11111Boom 1WI 11 1 NNUMMI 1
MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
AK 06406 figs 0777 — 796,; (20pgs)
CLERK'S 4 2006147185
RECORDED 09/13/200 11.12;08 AN
RECORDING FEES 171.50
RECORDED BY 6 Harford
RESOLUTION NO.06-1148
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, RELATING TO THE
CONSTRUCTION OF ROAD IMPROVEMENTS;
CREATING THE MAGNOLIA AVENUE/OAK STREET
NORTH 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.
WHEREAS, the City Commission (the "City Commission") of the City of
Longwood, Florida, enacted Ordinance No. 01-1574 on June 1$ 02, 01, as amended and
supplemented by Ordinance No. 04-1701, enacted by the City Commission 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
WHEREAS, on August 7, 2006, the City Commission adopted Resolution No. 06-
1144, the Initial Assessment Resolution, proposing creation of the Magnolia Avenue/Oak
Street North 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 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 hearing 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
WHEREAS, as required by the terms 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
WHEREAS, 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 other applicable provisions of law.
SECTION 2. DEFINITIONS. This Resolution is the Final Assessment
Resolution as defined in the Ordinance. All capitalized terms in this Resolution shall have
the meanings defined in the Ordinance and the Initial Assessment Resolution.
'�'� 2
SECTION 3. CREATION OF ASSESSMENT AREA. The Magnolia
Avenue/Oak Street North 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
SECTION 4. APPROVAL OF ASSESSMENT ROLL. The Assessment
Roll, a copy of which is attached hereto as Appendix E, is hereby approved.
SECTION 5. ASSESSMENTS.
(A) The Tax Parcels described in the Assessment Roll are hereby found to be
specially benefited by construction of the Road Improvements in the amount of the maximum
annual Assessment set forth in the Assessment Roll. The methodology for computing annual
Assessments described in the Initial Assessment Resolution is hereby approved. Annual
Assessments computed in the manner 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 2006.
(B) Upon adoption of this Resolution and the Annual Assessment Resolution for
each subsequent Fiscal Year:
(1) The annual Assessments shall constitute alien against assessed real property
equal in rank and dignity with the liens of all state, county, district or municipal taxes
3
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 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 the 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 6. 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
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,
4
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 7. 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 twenty days from the date of City Commission action on this Final Assessment
Resolution.
SECTION 8. 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 opportunity 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 9. 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
form attached as Appendix D. The preliminary Assessment Roll and each annual
5
Assessment Roll shall be retained by the Assessment Coordinator and shall be available for
public inspection.
SECTION 10. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
DULY ADOPTED this 28th day of August, 2006.
Y
p
TT�1✓ST.
�
.
¢ ara , irus, , ity er
APPROVED` + O FORM AND
CORRECTNESS:
CITY OF LONGWOOD,
$A
APPENDIX A
PROOF OF PUBLICATION
SHE SANFORD HERALD
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 Group at Sanford, in Seminole County, Florida; that the attached copy of the advertisement,
being a
was published in said newspaper in the issues of
_ && .
in the matter of
in the 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 weekly 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 dvertisemen�f publication in
the said newspaper. O
(Si nature of Aiant)
611
Sworn to Rmd Ahsepi fo
of as4 , 20_�%
�1p�tY �� Ex Notary Public State of Florida
Patricia W Smith
Commission QD556418
e�eEx(Signature of Notary Public)
ar Expires 0512412010 ;�
Personally Known or Produced Identification
APPENDIX B
AFFIDAVIT OF MAELING
ram,
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 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.
06-1144, adopted by the City Commission of the City of Longwood, Florida, on August 7,
2006.
2. On or before August 8, 2006, I mailed, or directed the mailing of, a notice in
accordance with Section 2.05 of Resolution No. 06-1144 by first class mail, to each owner of
real property within the Magnolia Avenue/Oak Street North 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.
&J�Oe 1PZ,*,t4
Affiant
�' B-1
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me by Carol Rogers, who is
rsonally known to who has produced as identification and did (did not)
take an oath. WITNESS, my hand and official seal this Z day ofl.l U 1 %.�.-i-, A.D., 2006.
Name of acknowledger (printed)
Q�PR�pv�i a
My commission expires: Jackson
�ommiss
irsAugust DD56720n6
Y pmn • InpyMnso, Inq. 800.E 01 v
IM
APPENDIX C
FORM OF PREPAYMENT NOTICE
CITY OF LONGWOOD
175 West Warren Avenue
Longwood, Florida 32750
407/260-3440
[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 Magnolia Avenue/Oak Street North 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 the 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 will 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 2006. Failure to pay the assessments will cause a tax certificate to be
issued against 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 is received
on or prior to September 30, 2006. The amount required to prepay the assessment on or prior
to September 30, 2006 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,
2006, the 10% discount will no longer be available.
Please make checks for prepayment amounts payable to {insert specific payee
directions} I. Prepayment may be made by mail 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
APPENDIX D
FORM OF ASSESSMENT NOTICE
NOTICE OF ASSESSMENTS
On August 28, 2006, the City Commission of the City of Longwood, Florida, adopted
Resolution No. 06-1148, which imposed special assessments against real property located
within the Magnolia Avenue/Oak Street North Road Paving Assessment Area, which
includes the real property described in Appendix E of Resolution No. 06-1148, 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. 06-1148) 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 2006. 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. 06-1144. 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. 06-
1148 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 Magnolia Avenue/Oak Street North Road
Paving Assessment Area. Neither Resolution No. 06-1144, Resolution No. 06-1148 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 construed to require that individual liens or releases be filed in the Official
Records.
CITY OF LONGWWD, FLORIDA
Jo amgo Mayor
U
U
U ;o
D-1
I�U�
W.140-11-911 ;
MAGNOLIA AVENUE/OAK STREET NORTH
ROAD PAVING ASSESSMENT AREA
The following table includes tax parcel numbers included within the Magnolia
Avenue/Oak Street North 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. 06-1148) and the number of front feet attributable to each parcel, if
applicable.
PARCEL I.D.
31-20-30-5AU-0000-6560
31-20-30-5AU-0000-6540
31-20-30-5AU-0000-6570
31-20-30-5AU-0000-6550
32-20-30-300-0160-0000
31-20-30-5AU-0000-4880
31-20-30-5AU-00004870
31-20-30-5AU-0000-5480
31-20-30-5AU-0000-5260
31-20-30-5AU-0000-4670
31-20-30-5AU-0000-5300
31-20-30-5AU-0000-5340
31-20-30-5AU-0000-5380
31-20-30-5AU-0000-4770
31-20-30-5AU-0000-5400
31-20-30-5AU-0000-5440
D-2
FRONT
FEET
75
85
75
85
135
85
93
85
100
250
100
75
75
200
50
100
APPENDIX E
ASSESSMENT ROLL
APPENDIX E - ASSESSMENT ROLL
PARCEL NUMBER AMOUNT
31-20-30-5AU-0000-6560
$ 125.00
31-20-30-5AU-0000-6540
141.67
31-20-30-5AU-0000-6570
125.00
31-20-30-5AU-0000-6550
141.67
32-20-30-300-0160-0000
225.00
31-20-30-5AU-0000-4880
141.67
31-20-30-5AU-0000-4870
155.00
31-20-30-5AU-0000-5480
141.67
31-20-30-5AU-0000-5260
166.67
31-20-30-5AU-0000-4670
416.67
31-20-30-5AU-0000-5300
166.67
31-20-30-5AU-0000-5340
125.00
31-20-30-5AU-0000-5380
125.00
31-20-30-5AU-0000-4770
333.33
31-20-30-5AU-0000-5400
83.33
31-20-30-5AU-0000-5440
166.67
E-1
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 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 Magnolia Avenue/Oak Street North Road Paving
Assessment Area (the "Non -Ad Valorem Assessment Roll") for the City is properly assessed
so far as I 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 FURTHER CERTIFY that, in accordance with the Uniform 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, 200(v
IN WITNESS WHEREOF, 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 Valorem Assessment Roll this 20
" day of 2006.
CITY OF LONGWOOD, FLORIDA
vi4
[to be delivered to Tag Collector pr%r to September 151
F-1