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23-1638 Annual Non Ad Valorem Assessment RollsRESOLUTION NO.23-1638 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 2016 Wastewater Assessment Area on September 6, 2016, the 2017 Wastewater Assessment Area on August 21, 2017, the 2018 Wastewater Resolution No. 23-1638 Page 1 Assessment Area on September 5, 2018, the 2019 Wastewater Assessment Area on September 4, 2019, the 2019 Avex Properties Wastewater Assessment Area on September 4, 2019, the 2020 Wastewater Assessment Area on September 10, 2020 and the 2022 Wastewater Assessment Area on September 7, 2022; and WHEREAS, pursuant to the General Assessment Ordinance and certain related resolutions, the City Commission created and imposed special assessments within 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 WHEREAS, the City Commission desires to reimburse itself for various proposed cost increases by the residents related to the Golden Grove Maintenance Assessment Area and is therefore proposing to increase the maximum rate of Assessment in such area; and Resolution No. 23-1638 Page 2 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 mailed to each property owner proposed to be assessed in the Golden Grove Maintenance Assessment Area notifying such property owner of the opportunity to be heard; the affidavit of mailing is attached hereto as APPENDIX A; and WHEREAS, a public hearing has been duly held on September 6, 2023 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: 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, Resolution No. 23-1638 Page 3 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 2016 Wastewater Assessment Area, the 2017 Wastewater Assessment Area, the 2018 Wastewater Assessment Area, the 2019 Wastewater Assessment Area, the 2019 Avex Properties Wastewater Assessment Area, the 2020 Wastewater Assessment Area and the 2022 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, 2023 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 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, 2023 and accompanied by a Certificate to Non Ad Valorem Assessment Roll in substantially the form attached to the implementing documents for each assessment area. Resolution No. 23-163 8 Page 4 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, 2023 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 Maintenance Assessment Area is hereby approved, such roll setting the annual Maintenance Assessment rate of $255.42 per Platted Lot (reflecting an increase of $100.00 from the prior year and equal to the new maximum rate 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 Resolution No. 23-1638 Page 5 Maintenance Assessment rate of $189.32 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 $92.05 per Platted Lot (reflecting no change from the prior year and equal to the maximum rate previously authorized by the City). (E) Sleepy Hollow (1st 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 $150.00 per Platted Lot (reflecting no change from the prior year and $65.54 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 Resolution No. 23-1638 Page 6 $250.76 per Platted Lot (reflecting no change from the prior year and equal to the maximum rate authorized by the City). (H) Shadow Hill Maintenance Assessment Area. The non ad valorem assessment rolls on file with the Assessment Coordinator for the Shadow Hill Maintenance Assessment Area are hereby approved, such rolls setting the annual Maintenance Assessment rate of $130.19 per Platted Lot (reflecting no change compared to the prior year and $29.81 less than the maximum rate of $160.00 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 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 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, 2023, 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. SEVERABILITY. If any clause, section, other part or application of this Annual Assessment Resolution is held by any court of competent Resolution No. 23-1638 Page 7 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. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this 6th day of September, 2023. ATTEST: APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF LONGWOOD, FLORIDA ONLY: `�--'-) - -, z - Daniel L 64 , orney CITY OF LONGWOOD, FLORIDA Resolution No. 23-1638 Page 8 AFFIDAVIT OF MAILING STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, the undersigned authority, personally appeared 4 \A\ 0 , who, after being duly sworn, deposes and say: 1. I, , 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, 2023, 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 in the Golden Grove Maintenance Assessment Area 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 AFFIANTS SAYETH NOT. Airiant A-1 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me by means of l'physical presence or ❑ online notarization this '-- day of SeT, 2023 by ..S ll. Ar\ Q,ml o who is personally known to me or who has produced as identification. WITNESS, my hand and official seal this 4 day of ;V V"jw , 2023. RBonded MICHELLE LONGONotary Public - State of PioridacCommission.# HH 2t2203igna e f pers t In ac owledgment My Comm. Expires Dec 28, 2025 through National Notary Assr. Name of acknowledger (printed) My commission expires: .1W b& aer C?o15 Sanford Herand Published Twice 'Weekly Sanford, Seminole County, FL k ATE OF FLORIODA COUNTY ®F 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 Sanford Herald, LLC at Sanford, in Seminole. County, Florida, that the attached copy of the advertisement, being a in the matter of 3 ' a ® 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•f —tht purpose of se ng is advertisement lieation in the said newspaper. (Signature of Affiant) Sworn to and subscribed before me this day of 20aJ (Sig re ofNotary Public) Personally Known or Produced Identification ---- Notary, Public State of Florida Thomas E Vincent My Commission HH 382967 AmExpires 611212027 'INOTIQ��O e_Nii eW Is` hitreby+ A38tFsi9MLNr Alltt:A �� ' .. . . terprew- to pap; ADA Coordinator i otthe hearing: of reap ro" v P. Pe�Y cornpir0ria:the`assessment for;eei:fi riarcel of real - `ollected on the ad val- imber 2005; es author- ` Aallure- td continue to to io be Issued against !title: 4 If, ynu fieve'eriy. queeilona; pleas_ e:.contaet.the_:City's Assess_men1f. Codrdi6htc[r,et (407);2t307'3475: ,, �IT71 �F:LON0INOOD FLOHIDA�.:` ; � � � ; • j {' ; x .. ,•;.a .' ...i ._: ,...�:,:. !<:•:f.... "A;-' a .. - �. :,.:A j Pu611sh:� Augus2023.' H_051.=; . continue to be' h parcel of real. - amenEA". A- the•iiiii6d of operty. ale set,.*. ilcAssessment, • Th'e mal ti oreni;ie� ized tiy' "oev.tfi®�7