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18-1469 Approving Annual Non Ad Valorem Assessment Rolls for Various Wastewater Assessment AreasRESOLUTION NO.18-1469 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 02-1604 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 2005 Wastewater Assessment Area on September 7, 2005, the 2011 Wastewater Assessment Area on September 6, 2011, the 2013 Wastewater Resolution No 18-1469 Page 1 Assessment Area on September 3, 2013, the 2016 Wastewater Assessment Area on September 6, 2016, and the 2017 Wastewater Assessment Area on August 21, 2017, and WHEREAS, pursuant to the General Assessment Ordinance and certain related resolutions, the City Commission created and imposed special assessments within the Magnolia/Semmole/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 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, the Longwood Hills Maintenance Assessment Area on September 6, 2011, and the Shadow Hill Capital and Maintenance Assessment Area on September 4, 2012, and Resolution No. 18-1469 Page 2 WHEREAS, the City Commission desires to reimburse itself for various cost increases related to the Barrington Maintenance Assessment Area and is therefore increasing the maximum rate of Assessment in such area, and WHEREAS, pursuant to the provisions of the General Assessment Ordinance, the City Commission is required to provide published and mailed notice to, and hold a public hearing regarding, any increase in the rate of Assessment beyond that which has been previously noticed to such properties in the assessment areas, and WHEREAS, as required by the terms of the General Assessment Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed in the Barrington Maintenance Assessment Area notifying such 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 with respect to the rate increase and comments and objections of all interested persons have been heard and considered as required by the terms of the General Assessment Ordinance; 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: Resolution No 18-1469 Page 3 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 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 2005 Wastewater Assessment Area, the 2011 Wastewater Assessment Area, the 2013 Wastewater Assessment Area, the 2016 Wastewater Assessment Area, and the 2017 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, 2018 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 Magnolia/Seminole/Palmetto/Jessup Avenue Road Paving Assessment Area, Resolution No 18-1469 Page 4 Magnolia Avenue/Oak Street North Road Paving Assessment Area, Credo Street Road Paving Assessment Area, Overstreet Avenue Road Paving Assessment Area and Rosedale/Lakeview/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, 2018 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. Pursuant to Section 197.3632, Florida Statutes, each of the following assessment rolls shall be certified to the Seminole County Tax Collector prior to September 15, 2018 and accompanied by a Certificate to Non Ad Valorem Assessment Roll in substantially the form attached to the implementing documents for such assessment area, along with any necessary changes subsequent to the date hereof permitted under Section 2.13 of the General Assessment Ordinance and the Uniform Assessment Collection Act. (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 $162 48 per Platted Lot (reflecting no change from the prior year and equal to the maximum rate previously authorized by the City) (B) Golden Grove Maintenance Assessment Area. The non ad valorem assessment roll on file with the Assessment Coordinator for the Golden Grove Resolution No. 18-1469 Page 5 Maintenance Assessment Area is hereby approved, such roll setting the annual Maintenance Assessment rate of $155 42 per Platted Lot (reflecting no change from the prior year and equal to the maximum rate previously authorized by the City) (C) Markham Hills Maintenance Assessment Area. The non ad valorem assessment roll on file with the Assessment Coordinator for the Markham Hills Maintenance Assessment Area is hereby approved, such roll setting the annual Maintenance Assessment rate of $140 88 per Platted Lot (reflecting no change from the prior year and equal to the maximum rate previously authorized by the City) (D) Longwood Groves Maintenance Assessment Area. The non ad valorem assessment roll on file with the Assessment Coordinator for the Longwood Groves Maintenance Assessment Area is hereby approved, such roll setting the annual Maintenance Assessment rate of $35 05 per Platted Lot (reflecting no change from the prior year and equal to the maximum rate previously authorized by the City). (E) Sleepy Hollow 1 st Addition) Maintenance Assessment Area. The non ad valorem assessment roll on file with the Assessment Coordinator for the Sleepy Hollow (1st Addition) Maintenance Assessment Area is hereby approved, such roll setting the annual Maintenance Assessment rate of $119.31 per Platted Lot (reflecting no change from the prior year and equal to the maximum rate previously authorized by the City) (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 $104 45 per Platted Lot (reflecting no change from the Resolution No 18-1469 Page 6 prior year and $111.09 less than the maximum rate of $215.54 previously authorized by the City) (G) Barrington Maintenance Assessment Area. The non ad valorem assessment roll on file with the Assessment Coordinator for the Barrington Maintenance Assessment Area is hereby approved, such roll setting the annual Maintenance Assessment rate of $250.76 per Platted Lot (reflecting an increase. of $65 00 compared to the prior year and equal to the new maximum rate authorized by the City) (H) Shadow Hill Capital and Maintenance Assessment Area. The non ad valorem assessment rolls on file with the Assessment Coordinator for the Shadow Hill Capital and Maintenance Assessment Area are hereby approved, such rolls setting the annual Capital Assessment rate of $22.00 per Platted Lot (reflecting no change compared to the prior year) and the annual Maintenance Assessment rate of $108 19 per Platted Lot (reflecting no change from the prior year and equal to the maximum rate previously authorized by the City) SECTION 7. ASSESSMENT LIENS. Pursuant to the Uniform Assessment Collection Act, the General Assessment Ordinance and the Initial Wastewater Ordinance, special assessments unposed 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 such year is otherwise paid in full pursuant to the Uniform Assessment Collection Act. Resolution No. 18-1469 Page 7 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, 2018, 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. SEVEI2ABILITY. 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. Resolution No 18-1469 Page 8 APPENDIX A 0 PROOF OF PUBLICATION • :7 SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this Sth day of September, 2018. ATTEST _ APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF LONGWOOD, FLORIDA ONLY aruel L e , C' rney CITY OF LONGWOOD, FLORIDA en Paris, Mayor Resolution No 18-1469 Page 9 Sanford Herald. Published Twice Weekly Sanford, Seminole County, FL STATE OF FLORIDA COUNTY OF SEMMOLE 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 Sanford Herald, LLC at Sanford, in Seminole County, Florida, that the attached copy of the advertisement, being a in the matter of ' C12- 7 b in the Court, was published in said newspaper in the issues of Affiant further says that said Sanford Herald is a newspaper published by Sanford Herald, LLC 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 affiant 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 securi is � vertisement or publi Lion in the said newspaper. (Signature of Affiant) Sworn to and subscribed before me this /6- day of �— 201$ At� (Signature of Notary Public) Personally Known or Produced Identification �14�, Notary Public State of Florida Thomas E Vincent " My Commission FF 226245 •OrwoP� Expires 06112/2019 S NOTICE OF HEARING TO INCREASE SPECIAL ASSESSMENTS IN THE BARRINGTON MAINTENANCE ASSESSMENT AREA Notice is hereby given that the,City Commission of the City of Longwood will conduct a public.he'aring to consider• am increase -in ij special assessments to continue funding the maintenance. Costs of the planting, bed,, landscaping and maintenance costs of the Barrington Subdivision Wall, irrigation,. lighting, signage and other, related improvements within the Barrington Maintenance Assessment Area. The hearing will be field at 6:00 P.M., or as soon 1 tfiereafter as the matter can be heard; on September 5, 2018, at City Hall, 175 West Warren Avenue, Longwood' Florida, for the purpose I .of receiving public comment on the increase and imposition of the assessments and collection. of the assessments on thlb:ad valorem -tax bill. All affected real property'owners have a rightto,appear at the hearing and1b file written objections with,the City Clerk anytime prior to the public hearing. If a person decides to appeal any deci- i sion made by the City Commission with respect to any mattrecon- sidered at the hearing, such person Will need a•record of the Oro - In a and may.need to ensure chat a•verbatrm-recordrts ihade, including the testimony and evidence upon which, the appeal -Is to be' {` made. In accordance with the Americans with Disabilities -Act, per- , I sons needing a special accommodation or an interpreter to partici- pate in this proceeding should contact the City's ADA Coordinator at. 407/260-3466, at least 48 hours -prior to,the date of the hearing. i FThe assessment for each parcel of real.property will continue -to be II based on the number of platted lots attributable to each parcel of real 1� property Within the -Barrington Maintenance Assessment•' Area. A i more specific description of the linprovements and the method of .I computing the assessment for each parcel of real property are set i ! forth in the Initial Assessment Resolution and Final Assessment' 1, .j, Resolution adopted by the City Commission on August 15, 2005 and September 7, 2005, respectively. Copies of the Initial Assessment Resolution and Final Assessment Resolu_ lion are available for inspec- , I lion at CityHall, located at 175 West Warren Avenue, Longwood, ?i Florida. - — - - the maintenance assessments have been collected on the ad'val { orem tax bill since the tax bill mailed in November-2005, as author- ized by Section 197.3632, Florida Statutes. Failure to pay the f assessments will cause a tax certificate to be issued against the real property which may result in a loss of title. 1 ` If you have any questions, please contact the City's Assessment Coordinator at 407/260-3475: - ;' CITY OF LONGWOOD, FLORIDA Publish: August 15, 2018 H096 APPENDIX B AFFIDAVIT OF MAILING AFFIDAVIT OF MAILING STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, the undersigned authority, personally appeared who, after being duly sworn, deposes and say 1 I, Lim , serving in my capacity as the Assessment Coordinator of the City of Longwood, Florida, mailed the notices required by Section 2.08 of 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") 2. On or before August 16, 2018, I mailed, or directed the mailing of, a notice in accordance with Section 2 05 of the General Assessment Ordinance by first class mail, to each owner of real property required to be notified pursuant to Section 2 08 of the General Assessment Ordinance, 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 AFFLANTS SAYI^�__ _ T A111 L STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me by L-4n( jn (,1 , who is p rsonally wn to me or who has produced as identification and di (did not) t e an oath. WITNESS, my hand and official seal this day of *mkvA.D., 2018 ��ipN� pVe. AMBER BRANTON Z Notary Public - State of Florida Commission M GG 042785 9.f;' My Comm. Expires Oct27, 2020 °f "� Bonded through National Notary Assn. My commission expires b�JWI &/h/i kA A10 - V VN'6r�q - Signature of person taking acknowledgment &Ur bmjl�4 Name of acknowledger (printed)