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Resolution 13-1338mwy 0 mc;� Ch CID -- m u oco Co co W mxm �Micocry W o RESOLUTION NO.13-1338 "moo M A RESOLUTION OF THE CITY COMMISSION OF THE `a CITY OF LONGWOOD, FLORIDA, RELATING TO THE � CONSTRUCTION AND FUNDING OF WASTEWATER �;, COLLECTION FACILITIES, AND RELATED M CONNECTION AND WASTEWATER CAPACITY V o CHARGES; CREATING THE 2013 WASTEWATER m ASSESSMENT AREA; CONFIRMING THE INITIAL 0 0 ii ASSESSMENT RESOLUTION; ESTABLISHING THECM MAXIMUM AMOUNT OF THE ANNUAL ASSESSMENT; o ci IMPOSING ASSESSMENTS AGAINST REAL PROPERTY WITHIN THE ASSESSMENT AREA; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE ASSESSMENTS; AND PROVIDING AN EFFECTIVE U, K DATE. o r r C7 � WHEREAS, the City Commission (the "City Commission") of the City of Longwood, � Florida, 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 "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 5, 2013, the City Commission adopted Resolution No. 13- 1334, the Initial Assessment Resolution, proposing creation of the 2013 Wastewater Assessment Area and describing the method of assessing the cost of Wastewater Collection M 199 Facilities (as therein defined), and related connection and wastewater capacity charges = N Ul ru N ro LO N 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 Initial Assessment Resolution. All capitalized terms in this 2 Resolution shall have the meanings defined in the Ordinance and the Initial Assessment Resolution. SECTION 3. CREATION OF ASSESSMENT AREA. The 2013 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 enjoyment of real property located therein by funding the construction of Wastewater Collection Facilities, and related connection and wastewater capacity charges to provide wastewater collection service to real property located within the Assessment Area. SECTION 4. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The Initial Assessment Resolution is hereby confirmed. SECTION 5. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, a copy of which is attached hereto as Appendix E, is hereby approved. SECTION 6. ASSESSMENTS. (A) The Tax Parcels described in the Assessment Roll are hereby found to be specially benefited by the availability and provision of wastewater service 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 (A) with respect to Institutional Property parcels, for a period of fifteen (15) years, and (B) with respect to all other parcels, for a period of ten 3 (10) years, each commencing with the ad valorem tax bill to be mailed in October or November 2013, as set forth in the Assessment Roll attached as Appendix E hereto. (B) Upon adoption of this Resolution and the Annual Assessment Resolution for each subsequent Fiscal Year: (1) The annual 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. 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 to be 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 2 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 7. 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, 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 8. 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 9. 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, 5 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 10. 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 Assessment Roll shall be retained by the Assessment Coordinator and shall be available for public inspection. SECTION 11. CONFLICTS. All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. 2 SECTION 12. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this 3rd day of September 2013. CITY OF LONGWOOD, FLORIDA linda K. Jacobs as 86'aidr Administrative Assistant, ,rOffice'of.City Clerk, ir'the Absence of: Sark Virus,-MMC, MBA, City Clerk APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF LONGWOOD, FLORIDA ONLY: Daniel LangM�tty Attorney VA APPENDIX A PROOF OF PUBLICATION Sanford Herald Published Twice Weekly Sanford, Seminole County, FL STATE OF FLORIDA COUNTY OF SEMINOLE Before the undersigned authority personally appeared Scott Gabbey, who on oath says that he is the legal advertising specialist for Sanford Herald, a twice weekly newspaper published by Seminole Newspapers, Inc., at Sanford, in Seminole County, Florida, that the attached copy of the adv bement, ' being a in the matter of in the Court, was published in said newspaper in the issues of 2 O3 Affiant further says that said Sanford Herald is a newspaper published by Seminole Newspapers, Inc., 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, or a period of one year next preceding the fust publication of the attached copy of advertisement; and afant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. (Signature of Affiant) Sworn to and subscribed before me this / day of 20 / 3� (Signature of Notary Public) Personally Known or Produced Identification v Notary Public State of Florida Thomas E Vincent My Commission EE102315 N, is F`u�aa Expires 06/12/2015 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR CbLLECTION OF SPECIAL ASSESSMENTS IN THE 2013 WASTEWATER ASSESSMENT AREA Notice! Is hereby gi ten that the City Commission of the City of Longwopd will conduct a public hearing to consider creation of 09,2013 i- ast$twgter Assessment Area, as shown above, and i riposillonof special assessments to reimburse the City for is r I t ry,to the cofistruction of wastewater collection facili- tf nt.th@rato` and relafed wastewater capacity $ 6 arfng willbe at 7 00 P.M.or as soon there - held _ can be heard,, on lyesday; September 3, C 1 75I c j,Warr .4? Avgnue, L0ngwoo0, FIofJ4 p. f urpos> of reCeivh�t9 pudic commenton the proposed C1�Ste ate Aaseashient Area, and .assessments. All aft rea(, ,opert I owners have a roghtto'appear at the hear- ` 610(t6ffl` . en objections with ttte lrity Clerk any time prior to thg u�ligh 8dbg. If a person decides to appeal any deci- sklna ntluj9 e Clty Commisslon with respect to any matter oodsldesd'ablfie hearing, such persorl,Witl need a record of the proceedings and may need to ensure that,g verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with DisabiHitles Act, persons needing a special accommodation or an Interpreter to participate in'this proceeding should contact the City's,ADA Coordinator at 407/ 260.3481 at least 48 hours prior to the date of the hearing. The assessment for each parcel of real property will be based upon the City's rates, fees and costs when the wastewater cok feclion facilities were constructed as the portion of the cost of constructing the wastewater collection facilities to be paid by cuttomers, of, the City." A more specific description of the Improvem@ntss and the method of computing the assessment for `r erty`Ar sot forth In the Initial v r olltti tad, 1 brtan Monday, August 0 opi o t.13 so tton and the q lirn a roe b e!' r Icl Ion at City at veh Lon Florida. *7a it valotgm tax bill, as pit e: railare to pay be issued against =plfi hi c 'sy tg `of title. The City lssfon,intpnda'to collect tha 8ss ents in fifteen (15) nts for insbtytlonal property and ten (10) install- aU'q a reail.ploperty, In`sach case the first of which tier litle�h pn, the ad valorem tax bill to be mailed in jx3r q,I�ovember 2013. pttestions, please contact the City's Assessment Nt, FLORIDA APPENDIX B AFFIDAVIT OF MAILING AFFIDAVIT OF MAILING STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, the undersigned authority, personally appeared Pamela N. Barclay, who, after being duly sworn, deposes and says: 1. I, Pamela N. Barclay, 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. 13-1334, adopted by the City Commission of the City of Longwood, Florida, on August 5, 2013. 2. On or before August 14, 2013, I mailed, or directed the mailing of, a notice in accordance with Section 2.05 of Resolution No. 13-1334 by first class mail, to each owner of real property within the 2013 Wastewater 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. STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me by Pamela N. Barclay, who is personally known to me or who has produced as identification and did (did not) take an oath. WITNESS, my hand and official seal this 3 day of Se9:�[ , A.D., 2013. Notary PWft Stall of Florida DWXKM • #AEOEY6551 Signature of person taking acknowledgment My CommbWonor t EvVims 05131/2015 My commission expires: Name of acknowledger (printed) WN 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 wastewater collection facilities, related connection charges and wastewater capacity charges within the 2013 Wastewater 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 [ten (10)] [fifteen (15)] annual installments, the first of which shall be included on the ad valorem tax bill to be mailed in October or November 2013. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. Any assessment may be prepaid in full if payment is received on or prior to September 30, 2013. The amount required to prepay the assessment on or prior to September 30, 2013 includes the tax parcel's share of the cost of the project, connection charges and related wastewater capacity charges after the City has contributed funds to pay for a portion of those costs. [After September 30, 2013, interest will be charged on the outstanding balance at the lesser of the City's average investment rate, or 8% per annum.] Please make checks for prepayment amounts payable to {insert specific payee directions}. 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. C-1 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 C-2 APPENDIX D FORM OF ASSESSMENT NOTICE NOTICE OF ASSESSMENTS On September 3, 2013, the City Commission of the City of Longwood, Florida, adopted Resolution No. 13-1338, which imposed special assessments against real property located within the 2013 Wastewater Assessment Area, which includes the real property described in Appendix E of Resolution No.13-1338, to reimburse the City for costs related to the construction of wastewater collection facilities, and related connection and wastewater capacity charges. 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. 13-1338) and the specific assessment information for each tax parcel. 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 for tax parcels with a Department of Revenue Code of "70" through "79" as of the adoption of Resolution No. 13-1338, and ten (10) years for all other types of real property, commencing with the ad valorem tax bill to be mailed in October or November 2013. 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. 13-1334. The assessment roll is on file at the City of Longwood, Florida City Hall and is open to public inspection. This notice is recorded to provide constructive notice of the annual assessment to purchasers of property located within the 2013 Wastewater Assessment Area. Neither Resolution No. 13-1334, Resolution No. 13-1338 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 LONGWOOD, FLORIDA Brian D. Sackett, , or �D D-1 EXHIBIT A 2013 WASTEWATER ASSESSMENT AREA The following table includes tax parcel numbers included within the 2013 Wastewater 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. 13-1338) and the maximum annual assessment attributable to each parcel. Parcel I.D. 31-20-30-5AU-0000-7680 05-21-30-510-0300-019A 29-20-30-5AT-0000-0120 06-21-30-300-0400-0000 06-21-30-300-0400-0000 32-20-30-508-OA00-0300 D-2 Maximum Annual Payment $512.85 $512.85 $11,936.74 $768.10 $768.10 $512.85 APPENDIX E ASSESSMENT ROLL Connie K. West Ada Jane Flow Oakwood Cmftction & Oevelopmsnt The Ronnkp Company The Ronning Company Tarty & Barbara Bailer 31-20-30-5AU-0000-7680 $4,579.00 05-21-30-5104300.019A $4,579.00 29-20-30 5AT-0000.0120 $106,578.00 06-21 $6,8W.00 06-21 $0,858.00 32- $4,579.00 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 2013 Wastewater 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, 20L . 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 a� day of , 20. CITY OF LONGWOOD, FLORIDA May [to be delivered to Tax Collector prior to September 15] F-1