Resolution 12-1321RESOLUTION NO. 12-1321
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, APPROVING
ANNUAL NON AD VALOREM ASSESSMENT ROLLS
FOR VARIOUS WASTEWATER ASSESSMENT AREAS,
ROAD PAVING ASSESSMENT AREAS AND VARIOUS
NEIGHBORHOOD IMPROVEMENT ASSESSMENT
AREAS; DESCRIBING THE LIEN ASSOCIATED
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 Ordinance") 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. 02-1 b04 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, the City Commission created and imposed
special assessments within the Initial Wastewater Assessment Area on March 19, 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
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, the 2008 Wastewater Assessment Area on September 3, 2008, and
the 2011 Wastewater Assessment Area on September 6, 2011; and
WHEREAS, pursuant to the General Assessment Ordinance and certain related
resolutions, the City Commission created and imposed special assessments within the 1 st
Place East (Phase I) Road Paving Assessment Area on July 16, 2001, 13th Avenue (Phase
I) Road Paving Assessment Area on July 16, 2001, 14th Avenue (Phase I) Road Paving
Assessment Area on July 16, 2001, East Street (Phase I) Road Paving Assessment Area
on July 16, 2001, Georgia Avenue/Lakeview Drive Road Paving Assessment Area on
July 1, 2002, West Pine Avenue Road Paving Assessment Area on July 1, 2002, East
Warren Avenue Road Paving Assessment Area on July 21, 2003,
Magnolia/Seminole/Palmetto/Jessup Avenue Road Paving Assessment Area on August
30, 2004, Magnolia Avenue/Oak. Street North Road Paving Assessment Area on August
28, 2006, Credo Street Road Paving Assessment Area on September 5, 2007, Overstreet
Avenue Road Paving Assessment Area on September 3, 2008 and the
Rosedale/Lakeview/Magnolia/Pasadena Road Paving Assessment Area on September 7,
2010; and
WHEREAS, pursuant to the General Assessment Ordinance, the Initial
Wastewater Ordinance and certain related resolutions, the City Commission created and
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imposed special assessments within the Tiberon Cove Maintenance Assessment Area on
August 30, 2004, the Golden Grove Maintenance Assessment Area on September 7,
2005, the Markham Hills Capital and Maintenance Assessment Area on August 28, 2006,
Longwood Groves Capital and Maintenance Assessment Area on August 28, 2006, the
Sleepy Hollow (1st Addition) Capital and Maintenance Assessment Area on May 7,
2007, the Barrington Capital and Maintenance Assessment Area on May 7, 2007, and the
Longwood Hills Maintenance Assessment Area on September 6, 2011; and
WHEREAS, pursuant to the provisions of the General Assessment Ordinance and
the Initial Wastewater Ordinance, the City Commission is required to adopt an "Annual
Assessment Resolution" for each. fiscal year to approve the non ad valorem assessment
rolls 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 General Assessment Ordinance, the Initial Wastewater
Ordinance, Chapter 166, Florida Statutes, Chapter 197, Florida Statutes, and other
applicable provisions of law.
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SECTION 3. DEFINITIONS. All capitalized terms used in this Annual
Assessment Resolution, not otherwise defined herein, shall have the meanings defined in
the General Assessment Ordinance and Initial Wastewater Ordinance.
SECTION 4. APPROVAL OF WASTEWATER ASSESSMENT
ROLLS. The non ad valorem 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 2005
Wastewater Assessment Area, the 2006 Wastewater Assessment Area, the 2007
Wastewater Assessment Area, the 2005 Wastewater Assessment Area, and the 2011
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, 2012 and accompanied by a Certificate to Non -Ad
Valorem Assessment Roll in substantially the form attached to the implementing
documents for each assessment area.
SECTION 5. APPROVAL[. OF ROAD (PAVING ASSESSMENT
ROLLS. The non ad valorem assessment rolls on file with the Assessment Coordinator
for the 1st Place East (Phase I) Road Paving Assessment Area, 13th Avenue (Phase I)
Road Paving Assessment Area, 14th Avenue (Phase I) Road Paving Assessment Area,
East Street (Phase I) Road Paving Assessment Area, Georgia Avenue/Lakeview Drive
Road Paving Assessment Area, West Pine Avenue Road Paving Assessment Area, East
Warren Avenue Road Paving Assessment Area, Magnolia/Seminole/Palmetto/Jessup
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Avenue Road Paving Assessment Area, Magnolia Avenue/Oak Street North Road Paving
Assessment Area, Credo Street Road Paving Assessment Area, Overstreet Avenue Road
Paving Assessment Area and Rosedale/Lalceview/Magnolia/Pasadena Road Paving
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, 2012 and accompanied by a Certificate to Non -Ad Valorem Assessment
Roll in substantially the form attached to the implementing documents for each
assessment area.
SECTION 6. APPROVAL OF NEIGHBORHOOD IMPROVEMENT
ASSESSMENT ROLLS.
(A) Tiberon Cove Maintenance Assessment Area. The non ad valorem
assessment roll on file with the Assessment Coordinator for the Tiberon Cove
Maintenance Assessment Area is hereby approved, such roll setting the annual
Maintenance Assessment rate of $72.58 per Platted Lot (reflecting an increase of $0
compared to the prior year). Pursuant to Section 197.3632, Florida Statutes, the
assessment roll shall be certified to the Seminole County Tax Collector prior to
September 15, 2012 and accompanied by a Certificate to Non -Ad Valorem Assessment
Roll in substantially the form attached to the implementing documents for such
assessment area.
(13) Golden Grove Maintenance Assessment Area. The non. ad valorem
assessment roll on file with the Assessment Coordinator for the Golden Grove
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Maintenance Assessment Area is hereby approved, such roll setting the annual
Maintenance Assessment rate of $110.00 per Platted Lot (reflecting an increase of $0
compared to the prior year). Pursuant to Section 197.3632, Florida Statutes, the
assessment roll shall be certified to the Seminole County Tax Collector prior to
September 15, 2012 and accompanied by a Certificate to Non -Ad Valorem Assessment
Roll in substantially the form attached to the implementing documents for such
assessment area.
(C) Markham Hills Capital and Maintenance Assessment Area. The non ad
valorem assessment rolls on file with the Assessment Coordinator for the Markham Hills
Capital and Maintenance Assessment Area are hereby approved, such rolls setting the
annual Capital Assessment rate of $122.52 per Platted Lot (reflecting a decrease of $0.61
compared to the prior year) and the annual Maintenance Assessment rate of $74.06 per
Platted Lot (reflecting an increase of $0 compared to the prior year). Pursuant to Section
197.3632, Florida Statutes, the assessment rolls shall be certified to the Seminole County
Tax Collector prior to September 15, 2012 and accompanied by a Certificate to Non -Ad
Valorem Assessment Roll in substantially the form attached to the implementing
documents for such assessment area.
(D) Longwood Groves Capital and Maintenance Assessment Area. The non ad
valorem assessment rolls on file with the Assessment Coordinator for the Longwood
Groves Capital and Maintenance Assessment Area are hereby approved, such rolls setting
the annual Capital Assessment rate of $125.30 per Platted Lot (reflecting a decrease of
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$1.02 compared to the prior year) and the annual Maintenance Assessment rate of $22.3 8
per Platted Lot (reflecting an increase of $0 compared to the prior year). Pursuant to
Section 197.3632, Florida Statutes, the assessment rolls shall be certified to the Seminole
County Tax Collector prior to September 15, 2012 and accompanied by a Certificate to
Non -Ad Valorem Assessment Roll in substantially the form attached to the implementing
documents for such assessment area.
(E) Sleepy Hollow (1st Addition) Capital and Maintenance Assessment Area.
The non ad valorem assessment rolls on file with the Assessment Coordinator for the
Sleepy Hollow (1st Addition) Capital and Maintenance Assessment Area are hereby
approved, such rolls setting the annual Capital Assessment rate of $67.59 per Platted Lot
(reflecting a decrease of $0.44 compared to the prior year) and the annual Maintenance
Assessment rate of $55.00 per Platted Lot (reflecting an increase of $0 compared to the
prior year). Pursuant to Section 197.36.32, Florida Statutes, the assessment rolls shall be
certified to the Seminole County Tax Collector prior to September 15, 2012 and
accompanied by a Certificate to Non -Ad Valorem Assessment Roll in substantially the
form attached to the implementing documents for such assessment area.
(F) Longwood Hills Maintenance Assessment Area. The non ad valorem
assessment roll on file with the Assessment Coordinator for the Longwood Hills
Maintenance Assessment Area is hereby approved, such roll setting the annual
Maintenance Assessment rate of $100.00 per Platted Lot (reflecting a decrease of
$115.54 compared to the prior year). Pursuant to Section 197.3632, Florida Statutes, the
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assessment roll shall be certified to the Seminole County Tax Collector prior to
September 15, 2012 and accompanied by a Certificate to Non -Ad Valorem Assessment
Roll in substantially the form attached to the implementing documents for such
assessment area.
(G) Barrington Capital and Maintenance Assessment Area. The non ad
valorem assessment rolls on file with the Assessment Coordinator for the Barrington
Capital and Maintenance Assessment Area are hereby approved, such rolls setting the
annual Capital Assessment rate of $65.80 per Platted Lot (reflecting an increase of
$65.80 compared to the prior year) and the annual Maintenance Assessment rate of
$135.00 per Platted Lot (reflecting an increase of $135.00 compared to the prior year).
Pursuant to Section 197.3632, Florida Statutes, the assessment rolls shall be certified to
the Seminole County Tax Collector prior to September 15, 2012 and accompanied by a
Certificate to Non -Ad Valorem Assessment Roll in substantially the form attached to the
implementing documents for such assessment area.
SECTION 7. ASSESSMENT LIENS. Pursuant to the Uniform
Assessment Collection Act, the General Assessment Ordinance and the Initial
Wastewater Ordinance, special assessments imposed within the assessment areas listed in
Sections 4, 5 and 6 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 law, such lien shall be
superior in dignity to all other liens, titles and claims, until the ad valorem tax bill for
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such year is otherwise paid in full pursuant to the Uniform Assessment Collection Act.
The lien shall be deemed perfected upon adoption of this Annual Assessment Resolution
and shall attach to the real property included on the assessment roll as of January 1, 2012,
the lien date for ad valorem taxes.
SECTION 8. CONFLICTS. All resolutions or parts thereof in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 9. S EV1ERAB ILITYo 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.
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SECTION 10. EFFECTIVE E DATE. This Resolution shall take effect
immediately upon its adoption.
DULY ADOPTED this 4th day of September, 2012.
ATTEST:
P
Sarah M. Mirus, MMC, MBA, City Clerk
CITY OF LONGWOOD, FLORIDA
Brian D. Sackett, May,.or`
APPROVED AS TO FORM AND LEGALITY
FOR THE USE AND RELIANCE OF THE
CITY OF LONGWOOD, FLORIDA ONLY:
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