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18-1479 Relating to Construction and Funding of Wastewater Collection Facilities Assessments for 2017/2018RESOLUTION NO.18-1479 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, RELATING TO THE CONSTRUCTION AND FUNDING OF WASTEWATER COLLECTION FACILITIES, AND RELATED CONNECTION AND WASTEWATER CAPACITY CHARGES IN THE 2017 WASTEWATER ASSESSMENT AREA AND 2018 WASTEWATER ASSESSMENT AREA, PROVIDING FOR REALLOCATION AND/OR DEFERRAL OF CERTAIN ASSESSMENTS, CONFIRMING THE FINAL ASSESSMENT RESOLUTIONS; PROVIDING FOR NOTICE TO PROPERTY OWNERS, 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 18, 2001, as amended and supplemented by Ordinance No. 04-1701, enacted by the City Commission on July 19, 2004 (collectively, the "Assessment 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 July 17, 2017, the City Commission adopted Resolution No. 17-1436 (the "2017 Initial Assessment Resolution"), proposing creation of the 2017 Wastewater Assessment Area and describing the method of assessing the cost of Wastewater Collection Facilities (as therein defined), and related connection and wastewater capacity charges against the real property that will be specially benefited thereby, and providing for other terms relating to such assessments, and Resolution No. 18-1479 Page 1 WHEREAS, on August 21, 2017, the City Commission held a duly noticed and advertised public hearing and adopted Resolution No 17-1439 (the "2017 Final Assessment Resolution"), creating and imposing special assessments within the 2017 Wastewater Assessment Area and designating the first tax bill payment to be made in November 2017; and WHEREAS, on August 6, 2018, the City Commission adopted Resolution No 18- 1470 (the "2018 Initial Assessment Resolution" and together with the 2017 Initial Assessment Resolution, the "Initial Assessment Resolutions"), proposing creation of the 2018 Wastewater Assessment Area and describing the method of assessing the cost of Wastewater Collection Facilities (as therein defined), and related connection and wastewater capacity charges against the real property that will be specially benefited thereby, and providing for other terms relating to such assessments, and WHEREAS, on September 5, 2018, the City Commission held a duly noticed and advertised public hearing and adopted Resolution No. 18-1472 (the "2018 Final Assessment Resolution" and together with the 2017 Final Assessment Resolution, the "Final Assessment Resolutions"), creating and imposing special assessments within the 2018 Wastewater Assessment Area and designating the first tax bill payment to be made in November 2018, and WHEREAS, the owner and developer of certain parcels within the 2017 Wastewater Assessment Area and 2018 Wastewater Assessment Area has requested that the City assist with the reallocation and/or deferral of the assessments on certain parcels they currently own Resolution No. 18-1479 Page 2 or previously owned to reflect the sale of portions of their parcels that have occurred or will occur in the future; and WHEREAS, revised Assessment Rolls for the 2017 Wastewater Assessment Area and the 2018 Wastewater Assessment Area reflecting such reallocations have heretofore been filed at City Hall and are attached hereto, as required by the Assessment Ordinance; and WHEREAS, in accordance with Section 197.3632, Florida Statutes and the Assessment Ordinance, notice of a public hearing has been published and mailed to each real property owner subject to the above -described reallocation notifying such real property owner of the opportunity to be heard and 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. All capitalized terms in this Resolution shall have the meanings defined in the Assessment Ordinance, the Initial Assessment Resolutions and the Final Assessment Resolutions. Resolution No. 18-1479 Page 3 SECTION 3. APPROVAL OF REVISED ASSESSMENT ROLL FOR 2017 WASTEWATER ASSESSMENT AREA; CERTIFICATION TO TAX COLLECTOR. (A) Prior to the preparation of the mailed notice to the property owners described in the recitals above, the Assessment Coordinator prepared a revised Assessment Roll reflecting (1) removal of certain parcels for which the City has now received prepayment from or on behalf of the former owner, and (2) reallocation of the remaining assessments over the remaining parcels in the 2017 Wastewater Assessment Area that are specially benefited by the Wastewater Collection Facilities. (B) The revised Assessment Roll, attached hereto as Appendix C, is hereby approved and shall be open to public inspection on file in the offices of the Assessment Coordinator as required by the Assessment Ordinance. (C) The Assessment Coordinator shall cause the certification and delivery of the revised Assessment Roll to the Tax Collector as soon as practicable, in the manner prescribed by the Uniform Assessment Collection Act. The revised 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 as Appendix F to the 2017 Final Assessment Resolution. [Remainder of page intentionally left blank] Resolution No. 18-1479 Page 4 SECTION 4. DEFERRAL OF CERTAIN ASSESSMENTS WITHIN THE 2018 WASTEWATER ASSESSMENT AREA; CERTIFICATION TO TAX COLLECTOR. (A) In order to provide the owner of Tax Parcels 05-21-30-502-0500-00100 and 32-20-30-510-080X-000 additional time to subdivide those parcels and obtain proper parcel numbers, the Assessment Coordinator has prepared a revised Assessment Roll reflecting the removal of such parcels from the 2018 Wastewater Assessment Area. (B) The revised Assessment Roll, attached hereto as Appendix D, is hereby approved and shall be open to public inspection on file in the offices of the Assessment Coordinator as required by the Assessment Ordinance. (C) The Assessment Coordinator shall cause the certification and delivery of the revised Assessment Roll to the Tax Collector as soon as practicable, in the manner prescribed by the Uniform Assessment Collection Act. The revised 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 as Appendix F to the 2018 Final Assessment Resolution. SECTION 5. CONFIRMATION OF FINAL ASSESSMENT RESOLUTIONS. The Final Assessment Resolutions, except for the changes described in Sections 3 and 4 hereof, are hereby confirmed. SECTION 6. ASSESSMENT NOTICES. The Assessment Coordinator is hereby directed to record revised general notices of the Assessments, reflecting the changes described in Sections 3 and 4 hereof, in the Official Records Book in the office of the Resolution No. 18-1479 Page 5 Seminole County Clerk of Courts. Such notices shall be in substantially the form as previously filed. SECTION 7. CONFLICTS. All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this 15th day of October 2018 CITY OF LONGWOOD, FLORIDA en s, Mayor ATTEST I 0 •� APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF LONGWOOD, FLORIDA ONLY Daniel W. L y, ty A orney Resolution No. 18-1479 Page 6 APPENDIX A PROOF OF PUBLICATION Sanford Her,- I d Published Twice Weeldy Samford, Seminole County, FL STATE OF FLORIDA COUNTY OF SElVIINOLE 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, e being a in the matter of ice de 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 afflant 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 his � verdsement or pu`bli ation in the said newspaper. (Signature of Afflant) f� Sworn to and subscribed before me this r day of , Zp (Signat re. of Notary Public) Personally Known or Produced Identification $o,Xf P% Notary Public State of Florida Thomas E vincent N�g My Commission FF 226245 OFc+°� Expires06/1212019 NOTICE OF HEARING TO MODIFY CERTAIN TERMS AND REALLOCATE SPECIAL ASSESSMENTS WITHIN THE 2017 WASTEWATER ASSESSMENT AREA Notice is hereby given that the City Commission of the City of Longwood will conduct a public hearing to modify certain terms and relocate ,special assessments within the 2017 Wastewater i Assessment Area, as shown above. The hearing will be held at 6:00 RM., or as soon thereafter as the matter can be heard, on October 15, 2018, at City Hall, 175 West Warren Avenue, Longwood, Florida, for the purpose of receiving public comment on the proposed modifi- cations and reallocation of the 2617 wastewater assessments. The. 2017 Wastewater Assessment Area was created on August 21, 2017 and special assessments were imposed to reimburse the City for costs related to the construction of wastewater collection facilities, connection thereto and related wastewater capacity charges. All affected real property owners have a right to appear at the hearing and to file written objections with the City Clerk any time prior to the public hearing. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testi- mony and evidence upon which the appeal is to be made. In accor- dance with the Americans with Disabilities Act, persons needing a special accommodation or an Interpreter to participate in this pro- ceeding 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 continue to be based upon the City's rates, fees and costs when the wastewater col= lection facilities were constructed as the portion of the cost of con- structing the wastewater collection facilities to be paid by customers of the City. A more specific description of the improvements and the method of computing the assessment for each parcel of real proper- ty are set forth in the Initial Assessment Resolution adopted by the City Commission on July 17, 2017 and Final Assessment Resolution adopted by the City Commission on August 21:2017 Copies of the Initial Assessment Resolution, Final Assessment Resolution and the proposed modified Assessment Roll are available for inspection at City Hall, located at 175 West Warren Avenue, Longwood, Florida. The assessments will continue to be collected on the ad valorem tax bill, as authorized by Section 197.3632, Florida Statutes. 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. The City Commission intends to collect the assessments in ten (10) install- ments, continuing with the ad valorem tax bill to be mailed in November 2018. If you have any questions, please contact the City's Assessment Coordinator at 407/260-3475. CITY OF LONGWOOD, FLORIDA Publish: September 23, 2018 1186 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 says: 1 I, k1S f i' c A) 64-1J , serving in my capacity as the Assessment Coordinator of the City of Longwood, Florida, mailed the notices required by City Ordinance No 01- 1574, as amended and supplemented by City Ordinance No. 04-1701 (the "Assessment Ordinance") and Section 197.3632, Florida Statutes. 2. On or before September 25, 2018, I mailed, or directed the mailing of, a notice in accordance with the Assessment Ordinance and Section 197.3632, Florida Statutes, by first class mail, to each owner of real property within the 2017 Wastewater Assessment Area 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. Affiant M1 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me by LA S 1,O , who is pto me or who has produced as identification and did (did not) take an oath. WITNESS, my hand and official seal this I6 d y of , A.D , 2018. AMBER BRANTON P�B�Q ; Notary Public State of Florida `_•� ` ` commission # GG 042785 :•. ••E V,: My Comm. Expires Oct27, 2020 °'%%;`'� Bonded through National Notary Assn. My commission expires: )U b1W %bm- &&) 4-i Signature of person taking acknowledgment Y Name of acknowledger (printed) Im APPENDIX C REVISED 2017 WASTEWATER ASSESSMENT AREA ROLL x .DR-409A R. 12/96 CERTIFICATE OF CORRECTION OF NON -AD VALOREM ASSESSMENT ROLL Section 197 3632, F S, and Rule 121D-18 006(2), F.A.0 FLORIDA Seminole County To Tax Collector You are hereby authorized to correct the assessment, rate/basis, or legal description of the Non -Ad Valorem Assessment Roll as follows. Tax year Parcel or folio number 05-21-30-532-0000-0270 Name to whom assessed AVEX HOMES LLC Address 605 LAKE WILDMERE CV LONGWOOD, FL 32750 Change legal description to ❑ Change rate/basis from to, Change non -ad valorem assessment from $2 825 82 to $0 00 State reason for correction. The City Commission of Longwood conducted a Public Hearing on 10 15 18 and redistributed the 2017 WW Assessments equally to 27 parcels. The Original Property Owner of this parcel paid off the portion of the assessment associated with this parcel in entirety due to failure to notice the buyer at the time of sale aaaiaonai aocumenis wnen necessary Local government City of Longwood Name of government unit or taxing authority Original Tax Collector cc: Property Appraiser Local Government Department of Revenue Property Tax Oversight PO Box 3000 Tallahassee, FL 32315-3000 10 16 18 uate DR-409A R. 12/96 ib CERTIFICATE OF CORRECTION OF NON -AD VALOREM ASSESSMENT ROLL 0 Section 197 3632, F S, and Rule 12D-18 006(2), F.A.0 FLORIDA Seminole County To Tax Collector You are hereby authorized to correct the assessment, rate/basis, or legal description of the Non -Ad Valorem Assessment Roll as follows Tax year Parcel or folio number 05-21-30-532-0000-0260 Name to whom assessed PETERMAN, CHERYL A - Tenancy by Entirety Trustee PETERMAN, HAROLD 'fi Address 601 LAKE WILDMERE CV LONGWOOD, FL 32750 Change legal description to- Change rate/basis from to* Change non -ad valorem assessment from $2 825 82 to $0 00 State reason for correction: The City Commission of Longwood conducted a Public Hearing on 10 15 18 and redistributed the 2017 WW Assessments equally to 27 parcels. The Original Property Owner of this parcel paid off the portion of the assessment associated with this parcel in entirety due to failure to notice the buyer at the time of sale. Atiacn auumunai uuuurnerns when neaessaiy I government representative City of Longwood Name of government unit or taxing authority Original Tax Collector cc: Property Appraiser Local Government Department of Revenue Property Tax Oversight PO Box 3000 Tallahassee, FL 32315-3000 10 16 18 uate W DR-409A R. 12/96 a CERTIFICATE OF CORRECTION OF NON -AD VALOREM ASSESSMENT ROLL Section 197 3632, F S, and Rule 12D-18 006(2), F.A.0 FLORIDA Seminole County To Tax Collector You are hereby authorized to correct the assessment, rate/basis, or legal description of the Non -Ad Valorem Assessment Roll as follows Taxx year Parcel or folio number 05-21-30-532-0000-0250 Name to whom assessed TAYLOR, SHARON A Address 597 LAKE WILDMERE CV LONGWOOD, FL 32750 Change legal description to Change rate/basis from to* 0 Change non -ad valorem assessment from $2,825 82 to $0 00 State reason for correction: The City Commission of Longwood conducted a Public Hearing on 10 15 18 and redistributed the 2017 WW Assessments equally to 27 parcels. The Original Property Owner of this parcel paid off the portion of the assessment associated with this parcel in entirety due to failure to notice the buyer at the time of sale Httacn aaanionai aocumenis wnen necessary gove City of Longwood ame of government unit or taxing authority Original Tax Collector cc: Property Appraiser Local Government Department of Revenue Property Tax Oversight PO Box 3000 Tallahassee, FL 32315-3000 10 16 18 uate DR-409A R. 12/96 N CERTIFICATE OF CORRECTION OF NON -AD VALOREM ASSESSMENT ROLL Section 197 3632, F S, and Rule 12D-18 006(2), F.A.0 FLORIDA Seminole County To Tax Collector You are hereby authorized to correct the assessment, rate/basis, or legal description of the Nnn-Ad Valorem Assessment Roll as follows. Tax year Parcel or folio number 05-21-30-532-0000-0240 Name to whom assessed SIEMER, LINDA L Address 593 LAKE WILDMERE CV LONGWOOD, FL 32750 ❑ Change legal description to. Change rate/basis from. to Change non -ad valorem assessment from $2,825 82 to $0 00 State reason for correction: The City Commission of Longwood conducted a Public Hearing on 10 15 18 and redistributed the 2017 WW Assessments equally to 27 parcels. The Original Property Owner of this parcel paid off the portion of the assessment associated with this parcel in entirety due to failure to notice the buyer at the time of sale. Htaacn aaamonai aocumenE5 wnen neae55diy government re City of Longwood Name of government unit or taxing authority Original Tax Collector cc: Property Appraiser Local Government Department of Revenue Property Tax Oversight PO Box 3000 Tallahassee, FL 32315-3000 1016.18 Date DR-409A z R. 12/96 CERTIFICATE OF CORRECTION OF NON -AD VALOREM ASSESSMENT ROLL Section 197 3632, F S, and Rule 12D-18 006(2), F.A.0 FLORIDA Seminole County To Tax Collector You are hereby authorized to correct the assessment, rate/basis, or legal description of the Non -Ad Valorem Assessment Roll as follows Taxx year Parcel or folio number 05-21-30-532-0000-0230 Name to whom assessed "FONSECA-RIVAS, MARITZA - Tenancy by Entirety RIVAS, JORGE E - Tenancy Address 589 LAKE WILDMERE CV LONGWOOD, FL 32750 Change legal description to ❑ Change rate/basis from to: 0 Change non -ad valorem assessment from $2 825 82 to" $0.00 State reason for correction The City Commission of Longwood conducted a Public Hearing on 10 15 18 and redistributed the 2017 WW Assessments equally to 27 parcels. The Original Property Owner of this parcel paid off the portion of the assessment associated with this parcel in entirety due to failure to notice the buyer at the time of sale. Attacn aaamonal cocuments wnen necessary representative City of Longwood Name of government unit or taxing authority Original Tax Collector cc: Property Appraiser Local Government Department of Revenue Property Tax Oversight PO Box 3000 Tallahassee, FL 32315-3000 1016.18 uate DR-409A R. 12/96 CERTIFICATE OF CORRECTION OF NON -AD VALOREM ASSESSMENT ROLL Section 197 3632, F S, and Rule 12D-18 006(2), F.A.0 FLORIDA Seminole County To* Tax Collector You are hereby authorized to correct the assessment, rate/basis, or legal description of the Nan-Arl Valorem Assessment Roll as follows. Tax year Parcel or folio number 05-21-30-532-0000-0220 Name to whom assessed OLACIREGUI, FELIPE Address 585 LAKE WILDMERE CV LONGWOOD, FL 32750 Change legal description to Change rate/basis from to Change non -ad valorem assessment from $2,825 82 to $0 00 State reason for correction The City Commission of Longwood conducted a Public Hearing on 10 15 18 and redistributed the 2017 WW Assessments equally to 27 parcels. The Original Property Owner of this parcel paid off the portion of the assessment associated with this parcel in entirety due to failure to notice the buyer at the time of sale /Auacn aaawanai aucumenus when iiaL;essaiy government re City of Longwood Name of government unit or taxing authority Original Tax Collector cc: Property Appraiser Local Government Department of Revenue Property Tax Oversight PO Box 3000 Tallahassee, FL 32315-3000 10 16 18 uate APPENDIX D REVISED 2018 WASTEWATER ASSESSMENT AREA ROLL DR-409A R. 12/96 CERTIFICATE OF CORRECTION OF NON -AD VALOREM ASSESSMENT ROLL Section 197 3632, F S, and Rule 12D-18 006(2), F.A.0 FLORIDA Seminole County To Tax Collector You are hereby authorized to correct the assessment, rate/basis, or legal description of the Alnn-Arl Valnrem Assessment Roll as follows Tax year Parcel or folio number 05-21-30-502-0500-0010 Name to whom assessed AVEX HOMES LLC Address UNKNOWN UNKNOWN, FL Change legal description to, Change rate/basis from to. 0 Change non -ad valorem assessment from. $11,125 80 to, $0 00 State reason for correction The City Commission of Longwood conducted a Public Hearing on 10 15 18 and voted to delay the 2018 WW Assessment for this parcel until the next tax year ITdQ(�iLIUlldl UUGUIIICIILS WIIt711 II1:GC0001 / 10 16 18 ocal government representative Date City of Longwood Name of government unit or taxing authority Original Tax Collector cc: Property Appraiser Local Government Department of Revenue Property Tax Oversight PO Box 3000 Tallahassee, FL 32315-3000 DR-409A R. 12/96 CERTIFICATE OF CORRECTION OF NON -AD VALOREM ASSESSMENT ROLL Section 197 3632, F S, and Rule 12D-18 006(2), F.A.0 FLORIDA Seminole County To- Tax Collector You are hereby authorized to correct the assessment, rate/basis, or legal description of the Non -Ad Valorem Assessment Roll as follows. Taxx year Parcel or folio number 32-20-30-510-080X-0000 Name to whom assessed AVEX HOMES LLC Address UNKNOWN UNKNOWN, FL 0005-PUD UNDER DEVELOPMENT Change legal description to. Change rate/basis from to FXI Change non -ad valorem assessment from $11,125 80 to $0 00 State reason for correction: The City Commission of Longwood conducted a Public Hearing on 10 15 18 and voted to delay the 2018 WW Assessment for this parcel until the next tax year Auacn aaamonai aocumepw when necessaiy rnm 10.1618 Date City of Longwood Name of government unit or taxing authority Original Tax Collector cc: Property Appraiser Local Government Department of Revenue Property Tax Oversight PO Box 3000 Tallahassee, FL 32315-3000 I Avex Homes LLC, Construction Draw Acct. DATE INVOICE NO DESCRIPTION 10-12-18 2018-1012 JRLW Wastewater Assesment CITY08 City of Longwood BALANCE 19273 53 DATE 10-12-18 `OTAL NUMBER I 19273 53 PLEASE DETACH AND RETAIN FOR YOUR RECORDS 0 Avex Homes LLC; Gonsfruction Draw Acct. City National Bank 28 E Washingt0 S =„ f� t^ A 63-436/660 y44.�4. ' M'', 355 N. Orange Ave ' Orlando FI 328MI . 407-930-5800' .. °', Orlando, Fi 3280 : d DATE Pajr it ' Ween thousand twA'la.�dred:.sevent three dollars -' Cents:; Y- h a,'d � 53.., ****19,273.53 r $ City of Longwood �- -IE Attn. PlarirIM6 £Coordinator RIDER 174 W.06- Ir64.* o f: 2 Signatures Required for Check OverS25,000.00 Lo[1,gwood, `F�' �$27.50 •;, s; ` 19 RF•1" GSA ES S3�E P'/r9T9PEn1�`401S40VM�'e - _ _ ,. .. ._- A 1 II'0000044341I' �:06600436'��: 19551 �494 Ln■ k' o S'