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Resolution 04-1096RESOLUTION NO. 04-1096 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, RELATING TO THE CONSTRUCTION AND FUNDING OF ROAD IMPROVEMENTS; DESCRIBING THE REAL PROPERTY TO BE LOCATED WITHIN THE PROPOSED LIA MAGNO/SEMINOLE/PALMETTO/JESSUP AVENUE ASSESSMENT' AREA; DETERMINING THAT SUCH REAL PROPERTY WILL BE SPECIALLY BENEFITED BY CONSTRUCTION OF THE ROAD IMPROVEMENTS; ESTABLISHING THE METHOD OF ASSESSING TIE PROTECT COSTS OF THE ROAD IMPROVEMENTS AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY BENEFITED THEREBY; ESTABLISHING OTHER TERMS AND CONDITIONS OF THE ASSESSMENTS; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF "CHE PROPOSED ASSF.SSMEFITE AND THE METHOD OF THEIR COLLECTION; DIRECTING THE PROVISION OF NOTICE IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. NOW, TREREFORE, BE IT RESOLVED BY THE CITY COMMISSION OE THE (IT) OF LONGWOOD, FLORIDA, AS FOLLOWS: ARTICLE 1 DEFINITIONS AND CONST'RUC'FION SECTION 1.01. DEFINITIONS. As aced in this Resolutioq the following termssh,ll have tha following m a ingx, unless the context hereof othenv,sa requi cs. 'Adj,,,NA Prepayment .Anwnn C' ,,cans the amount requital to prepay the Ass --t E,r each Tax Parcel located in tl,e Assessment Are, as computed pt —,nt Section 3,03(B) hereof and revised enn,ially pursuant to Scct-, 3.04(1) hercol. "Alloull Debt Se.1ill C—pollelt" menus the amount e..P,,I,d for each T., Parcel potauant to Section 3,04(E) he—f. ",Annual Debt Service Factor" means the ffiem, computed pursuant to Section 3.04(D) hereof ......... t a., an It -I special assessment imposed against I'll property located within the Assessment Area to fund the Project C- of Road Improvements to —, the Assessment Area and related expenses, computed i, the -- described in Section 3,04 hereof. "A . . ....... t A,,." me— the proposed A—m, R-1 Paving Assessment Area described in Section M 1 hereof. "A,Is-Imot Coordinator" o— the person d,eim,,,Wd by the City I,', despite, "A .......... t Roll" means I, -I—d valorem assessment tell relating I. the Project Cost of the Rand Improvements and related expw,sea. T,pit,fl Cost" means III or ,,,y p-- of the expenses that a,, properly sllibtaable to the design, c nsn uctim, m-Hati e—ftet[-, ­­dl ,r r,,plaeemelvt (including demelm., n itigation end If the R-1 Improve.....[, and imposition if the Assessments under ge,-Mly neepled accounting principles, and including I. ,he City for any fo,,& .dM-,d f,, Capital C- and im ... st m, t y inmfo,d or inmaf nd I..n for purposes. "City" meows the City of Longwood, a municipal corporation duly organized and validly existing under the Inws of the St— oM.nd.. "City Attorney" means the City'.s Attomey, or such person'. designee. "City' Commission" mt.ans the City Commission of the City. "Collection CosF' means the estimated Dort to be inonrted by the Oty during any Fi—,] Year in wnnectioa with the collection of Assossments. "Collection Cast Component" means the amount computed for each Tar Parcel pursuant to Section 3.04(P) hcroof. "Debt Service Amount" .cans the Amount computed pursuant to Section 3.04(A) hereof "Final Assessment Resolution" .cane the resolution desenbed in Section 2.07 /` oE[he Ordinancethat imposes Assessments within the Assessment Area "Fiscal Yenr" means the period commencing on Ocwber 1 of each year and conun rig through the next s,,,—dittg September 30, or retch other period as may be prescribed by law os the fiscal year for the Co. "Frontage" .cans, for any Plalted Lot or Parcel of Record the length of the b—dary line abusing a road to be improved as part of the Road Improvements, .ensured to the nearest whole foot. With respect to any Plmted Lot or Parcel of Record with bowdorics abusing mole than one rooA to be improved as yart of the Road ImprovemwUs,'Tronmge'"shell mean the boundary line tlunagh which the Placed Lot or r N-1 of Record gains 1-1, 11 the b—tth— exist b- or more aloes b,,,,dIty li—, T,o-g," sball bI determined by —f address. "Government Property" —M, —1 p.perty owned by the United S— If America or any tg,,,cy th—f, the SbIl If Florida 11 MY 19111Y thereof, I 11"ItY, special district or a municipal corporation. P,bp,y,,,,,t A)"I'lit" means the amount "Ilp,Wd P11—Mt Smtill, 3.03(A) hereof for each T., Parcel located m the As —,-Mt Area W prepay the Assessment i, Cull. "Local Improvement" fipw .... t,t conetmcted or i-,11W by the City for the special benefit If a neighborhood or other 1-al area, f- which special assessments are imposed pursuant t. the Ordinance. R,b," means ,,, A,,,M,l,,l I rate If $25,00 p,, lineal f.." "NI.,110M Debt Servile AmImW the amount computed pursuant t. S-ion 3 04(C) k—f. "Obligations" -i,, If b,,,d, or other evidence ,f i,,d,bt,,l...s i.,b.dI,g but not limited to, notes, commeivial paper, wl—al loans,-,iltl leases er any other blig,,ti,,,, ofth, City issurd or .......... I I, finance any P.,ti- If the P,- c- oC 11h,, Road Impror mums and —,-d, i., whole of i,, pa, by proceeds of the "Ordinance" means Ordinaaoe No. 01-I574 enacted by the City Commission on r June 18, 2001, ns amended and supplemented by Ordinance No. 04-1701 enacted by the City Cammsssion on July 19, 2004. "Parcel of Record" mesas an anplatted parcel of record or o subdivided Platted Lot in existence on the eff ti,, date fthis Resolution. "Platted Lot" means e building lot described oa a map or plat recorded is the Seminole County Offi ml Records oa or prior to the effective date fthis Resolution. "Prepayment bfoditication Factor" means the factor computed pursuant to S—i- 3.04(B) hereof. "Project Cost" means all or any portimi of the expense, attributable to (A) the Capital Cost of the Road lmprovemonra, (B) the debt service reserve fund or account, if eny, established for the Obligations mvibutable to the Road Improvements, and (C) any other casts ai expense, rd,,Iuf thereto. T, pe,ty Alpraiser" swans the Seminole County Property Appraiser. 'Road fntprevem.. tW' means the following road and ancillary improvement, to be ---ted by the City in the Asses — Area: road repair, paving and ruurfamng, sidewalks and curbing, drivcwey aprons, sod, any appropriate drainage facilities to meet storm rtvter tequi em-ts (i ewnles but not retention ponds) and related impro ements. "State" ntaaus the State of Florida. "Statutory Discount ,limtuat" mums the w--1 computed for c,oh Tax Parcel pmsvnm to Section 3.04(G) heeof r "T,, Parcel" , parcel of real property t, which the P,.p,,Iy Appraiser 1— assigned :+ di,tii,,t rid valorem pmp,,ty, 0, i&,fifit,.till nnmber. M, R.11" means the -d p,,p,,M ,d -1.,— t" a-111"t roll maintained by the Plp,,fty Appraiser f., th,, I T— ofth, 1,,y and collection ofad valorem ta— "U,,If,,,,, A,,,,,.si—,( C,11,,tio. A,C" means Snti,,,, 197.3632 ,,it 197.3635, Florida St -tea, or any successor statutes ¢Whonzing the -11-i- of --d valorem --.— .. the -- bill as ,d valorem taxes, .. d any ,pph,,,bl, regulations E—Ig-d th . ..... d- SECTION 1.02. INTERPRETATION. U,],, the ...text indicates otherwise, words 1, i,,,p,,ti,,g the singular nnmber i,,&,d,, the plural nu ,b, and vice versa the t-,""hereby;'"hereunder" d similar Wrme refer to this Resolution, and the aft, and the term I memts W., it,, effective dote of this RN.10-. Words of any p,,d,, i.olude the wrrclazive w.,,]t of the other gander, —1— the sense indicates otherwise. SECTION 1.03. GENERAL FINDINGS. It is hereby tamed, determined and &64-d thm (A) Pumuant to A,(,,T, VIH, Section 2(b) of the Florida C—lift,it., and Sections 166 021 and 166,041, Florida SM—, the City C-6,,— has ,Il p,,,,, of I. -I I.- niu e,,,l Iu i,,,, and to render inuniaipal -- .... pt when prohibited by la, and such 1,—, ,,,y be ..... is,d by the enactment of ,gi,h-t in the fan of City (B) The City Comnission ney —octse any govemmentel, torporabe, or r proprietary prover Cor a municipal puryose cceept when expressly prohibited by law, and the City Commission may legislate on any subject matter on which the Logislature may act, except those subjects describod in (a), (b), (c), and (d) o£ Soeli n, 166.021(3), Florida Statutes. The subject matte, of paregntplrs (e), (b), (e), and (d) of Section 166.021(3), Florida Statutes, is not relevant to imposition of assessments related to Local Improvements within tho City. (C) The City Commission has enacted the Ordinance ro provide for the creation of Assessment Areas and authorize the imposition of Assossmen[s to fund the wrest ti- of Local hnprovements to serve the real property located therein. (D) The Rood Improvements constitute a Local Improvement, as defined in the Ordinance. (h) The City Commission dcsnes to ovate the Assessaent Area to fund oonstruetian of the bond Improvements. (F) Except as specifically provided in Section 1.03(J) hereof, the Assessment Area consists solely of all developed and undeveloped Tax Poreels whose Frontage faces the street upon which Road Improvements are constmcled. (6) The cotnstruerion of such Road Improvements will improve access to all reaI properly loaned within the Assessment Area, thereby providing n special benefit to such real property_ r (H) Dua to the coafig umfioa gad relative size of the ittdividual pahcels, the use ., of Frontage is the most fair and equitable method of allocating the Capital Cost among Tax Pamela Iocated within the Assessment Area. (I) The - of Fronage is a statutorily and judicially approved method of ollocatng the wets related to Assesameuts. (f) The Road Improvements inolude paving of a portion of Oleander Sheet North located south of Jessup Avenue East vhd Werth of Churoh Avenue East. Aaeordiagly, two Tax Pnroels with addresses of 181 Oleander Street North and 141 Oleander Street Nord, respectively, will derive n special benefit Gom wastmctioa of the Road Imp,rovement sud are themfore included in the Assessment A- (K) A certain Tax Parecl located at 200 North Wuymaa Sheet abets the Road 1 Improvnma s, but Inns ptm ary nocess vha North Woyman Sweet which is ant paved as pan of the Rand Improvements. Accord,,ly, such "I'ax Parcel will -ly derive an m6dema1 benefit Gem w-t—ti- of the Road Imptoveatents and therefore is sot md,,ded in the Assessment At— (L) A omtma N. Parcel I—M at 140 North Way—,, abets the Road Improvements, bat has access only from Naelh Waytnan Avenue which is not paved as I— of the Road Inhprovementa. Accordingly, such Tux Parcel will only derive an ,,6& iA benefit from tense ninon of dhe Road Inhpinvvmenia and th—tore is not included in the Assessment Area. S,,d, T x Pmcel will not be pemhitted to coseuaet n driveway to access Magnolia Avenue Ease in the ft,4- 1 (ill) in order to reduce the ffi—lml bitplt the A—Iii—I ,ill have on the real p,.pl,ty -- in the Assessment A—, the City h,,, d,,id,,] W provide a 15-y— i-mal I'll I, the I'll plpl,ly ownea for their share of the Pr Jett C— N, il,ll—t wi 11 be charged on this loan. (N) In order to f nhcr reduce the finanoial i,,p,,( the Assessment ,ill I—, o, the m.] property -- in the A,--1,11 All,,, the City shall Ii—i the A--- W , mnsmmm I- If $25.00 per lineal foot. The City Altil f,,g, lm,b—1 -t i. .. amount lq-1 I. the difference b--, the normal annual Assessment ,,d the reduced annual Assessment pybt, by —1 property owners (0) h, order t,, ftl,th,,, reduce the filulill mlilld the A-11,11— ,,It h— on till real property —l-, in the At—,—t Area, the City will f—ll all C,11-i- Costs and the Statutory Di --I A—lf related 1, 1.11-mg the A--1,t,, on the toz bill. (P) The City has established , j,,,1iy I. --pi Govcmmenl Property d,, t, the problems related I. c.11-1— undo, the III— of the Slat, It, -&, to —id .,, m,q.iI,,bl, shift of the bualen t,, Oil,, real pr,plty —,— the City shall forgo reimburscmmrt in m amonnt lqII-i to the snnuN Assessment payable by G.,-,",- 1"q—ty. (Q) In .,d,, 1. provide - incentive f r I'll PI-I'lly —l—I 11 I'lillY tillil A,— l-, the City shall dismount 1-pay 1,,,,,d in which —1 property --1 may prepay their Asswsmuv in I,,]] with , lh--1 ofl," ­,""t ,, .,dl, I. 01, avoid an in,,,it.ble shift ofth, bard,, to other real property owners, the City shall forgo 1 rcimb--,ti, na amount equal la the discount provided. (R) Th, City C.—N,,ioa hereby lords and determines that the Assessments to be imposed is accordance with this Resolution provide as equitable method of )-ding the Road lmprovcmonts by fairly and reasonably allocming the coat to s1,,i,lly benefited reaI Property. 1 ARTICLE 11 NOTICE AND PUBLIC NEARING SECTION 2.01. ESTI03ATED CAPITAL COST. The -i—,,d CnpiOI Cost for the Road Improvements is $382,475. The Project Cost of the Road Improvements will be funded through the imposition of Assessments against real property located in the Assessment Area in the mannerset forth in Article Ill hereof. SECTION 2.02. ASSESSMENT ROLL. The Assessment Coordinator is hereby dimeted to prepare a Anal estimate fthe Capital Cost of the Road Improvements and to prepare the prliminary Assusment Roll in the manner provided in the Ordina— '1"he Assessment Coordinator shell ,pt,bi- the Project Cost among the parcels of real r pmperty within the Asse t—, Area as reflected on the Tax Roll in wnformity with Article III hereof. Thu estimate of Capital Cost -d the Assessment Roll shall be mamtained on file at City Hull and open to public inspection. The foregoing shall not be eon —d to require that the Assessment Roll be in printed boon if the amount of the Assessment for ea,h Tax Parcel utn be dcted by use of a wmputer tt,—ml tradable to the public. SECTION 2.03. PUBLIC HEARIN(;. Apubliu hearing will be conducted by the City Comt 7:00 P. NL, of as soon ihcreaftei as the matte wn be heard. on August 30, 2004, at City hull tenured nt 175 West Wanen .A�'enuc, Longtvood, Florida. � II to —,,id,, (A) —ation of the AssessmanI Are, (B) imposition of tho Assessments, and 1 (C) collection of the Assessments pursonnt to the Uniform Assesmtem Coileaian Act. SECTION 2.0L NOTICE, BY PUBLICATION. Upon completion of the materiels requirul by Section 2.02 hereof, the Assessment Coordinator shsll publish a notioe of the public hearing a,tbori,,d by Section 2.03 hereof in the manner and the time provided in Section 2.05 of the Ordinance. Such notice shall be in eobetentielly by form attached hereto as Appendix A. SECTION 2.05. NOTICE BY MAIL. Upon wmpletlmt of the materials required by Section 2.02 hereof, the Assessment Coordinator shall, at the time end in the manner specified in Section 2.06 of the Ordinance, provide first clsss mailed notice of the public hearing nuthorized by Section 2.03 hereof to each real property owner pmposed to be assessed at the address indicated on the Tax I2o11. Such notioe shrill be in snbetantlally the form mtached het -as Appendix B. G7 ARTICLE III ASSESSMENTS SECTION 3.0I. DESCRIPTION OF PROPOSED ASSESSMENT AREA. The City Commission proposes to create the Magnolia/Seminole/Pulmetro/Jessup A- -Road Paving Assessment Area including those parcels described in Appendix C attached hereto. The Assessment Area is ptopomd for tbo propose of improving the use and enjoyment of reel property by funding the constmction of Road Improvements to improve the access to rent property located therein. SECTION 3.02. IMPOSITION OR ASSESSMENTS. Assessments shall be imposed against real propery located within the Assessment Area for rt period of 15 years. Tbo first annual Assessment will be included on the ad valorem tax bill to be r mailed in October or November 2004. When imposed, the Assessment for each Fiscal Yern shnll constitute a lien upon the Tax Parcels Iocaled in the Assessment Area, pursuant to the Ordinance. SEC TIES 3,03. PRFIPAYM ENT.AMOUN'IS. (A) The Initial Prepayment A--, lb, each Tax Parcel l--d within the Assessment Area shall be shall be the amount determined by (1) dividing the Frontage nmibutnble to such Tax Parcel by the total Frontage-ibrnable to Tax P-0, within the Assesmrent V— and (2) mnhiplymg the result by the cs -m,l Capital Cost of the Road Improvenre w; provided, hoverer, ifthe Adjusted Prepay, nt Amount tvsults to a gm net .Adjusted Prepayment Amount than one computed at the hate then the 13 Adjusted Prepayment A,,,,.,,t shall equal the one —puled vt the Maximum Rate In ... h oase, the City shall fiord an amount eT,tl to the Mf b,t,—. the calculated Adjusted Prepayment A,,,,,,t and the Adj,,Wd P,,,yro— Amount calculated at the Maximum R.,,, iv awordnnce with the City's finding i. S-I,I 1,03N hereof. (B) Following the initial prepayment period described i, S,,6,,, 3.05 the Adjusted P,Ip.,I,enI A--f sh,,11 beset equal1. the Initial Prepayment A —II, f., each T,, Parcel, other flora those Tv, N-1, as b, which the Assessment has been prepaid. The Adjusted Prepayment All— for each Tax Parcel th,11 b, revised annually, as provided in S-fi.. 104(l) ht—f. SECT ION 3.04. COMPUTATION OF ANNUAL ASSESSMENTS. The anneal Assessment shall II —,puled for each Tex P.,­1 i, the manner set forth in this S,di,, 3,04. (A) DEBI'SERVICEANTOUN for each Fi—1 Year vs the amount 'hid, is payable in respect If the Obligations in accordance with I debt service ethIdblI pq—d by the A---, (B) PRFPAYMfNT _00DIfICARON ACTOR, A"Prepayment Modification Facto,' shall b, computed for each Fi—I Y..r by dividing (1) the vmoum computed by -Wnimg (,) the sum Ifille Adjusted Pbqpy—,tt Amounts, us If the d,b, on 11—h the Obligations a,v --1 b, the Cry. for all Tax Parcels as I, which p,,p,y,I,,t ha, been made following issuance If the Obligati-, from (b) the total principal amomrt of Obligations initially issued by the City, by (2) the total p,mi,ijIM r amount of Obligations initially issued by the City. IC) MODIFIED DF,BT SERVICE AMOUNT'. A "Modified Debt Serviea Amotmt" shall be computed for each Fiscal Year by multiplying (I) the Debt Service Amount by (2) the Prepayment Modifiontion Facto,. (D) ANNUAL DEBT SERVICE FACTOR. A,, "Annual Debt Service Facto," ,hall be computed for each Fiscal Year by dividing (I) it,, Modified Debt Service Amount by 12) the ¢gg,,giO, Adjusted Prepayment Amount_ (E) ANNUAL DEBT SERVICE COMPONENT. The "Annual Debt Service Component" shall ba computed For each Fiscal Yea, Eo, each Tex Pmeel by multiplying (I) the Adjusted Prepayment Amount fib, such Tax P—I by (2) the Annual Debt Service F.—,. (F) COLLECTION COST COMPONENT. In accordance with the City Commission's finding in Section 1.03(0) hueof, the City i, poying for the Collection Cost related to the A-1111enl,. Accordingly, the "Collection Coat Componcn t" shall be SO each Fiacal Year For each Tux Parel. (G) STATUTORY DISCOUNT AMOUNT. Thu "Statutory Discount AI—, n,W is h,t amount allowed by law as the inoximum discount Inc early payments of ad valoicm I.— and non -ad valorem ossessmens plaead on tha ms bill. In accordance wiN dte Gty Commissions finding in Section I.03(0) he,eof, the City is paying I'or the Statutory Discount Amount related to the Assessmeots. Accordingly, the "Statutory Discount Amwnt" shall be $0 oaoh Fiscal Year be, eaoh Tax parcel. (H) ASSESSMENT. The annual Assessment for each Tax Parcel shall be —puled as the sum of (1) the Att... I Debt Service Component, (2) the Collection Colt Campo.-,,od (3) the Statutory Discount Amount. (1) REMISlON OF ADJUSTPD PREPAYMENT AMOlMI. Upon certification of the Assessment Roll for each Fiscal Year, the Adjusted Po,,ymeot Amount for en.h Taz Patoel shall be recomputed by deducting (I) the Annual Debt Smioe Component included on the Assessment Roil for the T9x N-1, from (2) the Adjneted Prepayment Amount utilized o, compute the annual Assessmeot included on the Assessment Roll for such Tax Parocl. SECTION 3.05. INITIAL PREPAYMENT OPTION. (A) Following aderptien of the F-1 Assessment Resolution, the Assessment Coordinator shall provide first slues mailed notice to the owner of ...h Tax Parcel subject to the Assessment of the owner's option to prepay all Future annual Assessments. On or prior to September 30, M04, the --, of each Taz Parcel s,,bjeet to the Assessment shell be entitled to prepay all 1—. anouol Assesammrts, upon payment of the Initial l'repayntent Amount The City Commissioq in ila sole discretion, may elect to ,we a dixeount of ten pereem for those onneis that prepay io such period. In order to .void ao megoakie shift of the burden to other real property owners, the City shall forgo iaimburscment in an amount egoul to any discount provided. (B) The amoont of,11 prepayments mode pmauant to this Section 3.05 shell be final. The City shall not be required to [,fund any portion of a prepayment if the actual Capital Cost of the Ro,d hnpmv,ments is less than the estimated Capital Cost upoo which such the Initinl Preyaym nt Amount [vas —mputed. SECTION 3.06. ADDCI'IONAL. PREPAYMENT OPPION. (A) Following the date specified in the notioc provided pmauant to Section 3A5(A) hereof, or such later date as the City Cotnmiesion may allow in its sole discretion, the owner of,aoh Tax Parcel subject to the Assessmmtb shall be ,.tided to prepay all furor, unpaid auroral Asszasmcnts upon payment of an amoont equal to the Adjusted Prepayment Amount for such T,, Par L (B) During any period commencing on the dato the annual Assessment Roll is All" o,nified foe collecion pmauant to th,Ullifonn Assemne.tt Colle,timr Act and ending on th, I- date on tvbich unpaid ad wlorem hues become Aelingnent, the City may reduce the amount required to ptnpay the fitter, unpaid annual Assessments lot the "fax Parcel by the amount of the Ass cssment that has b„n —615 i for collection with respect to such Taz Pa—L (C) The amount of all prepayments made pursuant to this Section 3.06 ,hall be final. The Gty shall It b, required to tif-1 any portion of a prepayment if (I) dt, Capiml Cost of the Road Improvements t, Icss thou the amoun upon which such Adjusted P,q,.ymeat Amount was —,ptu,d, or (2) annual Assessments will not be imposed for the fitll number ofyean anticipalcel tit the time of such prepayment. 17 SECTION3.07. MANDATORY PREPAYMENT. (A) The owner of a Tax Parcel subject bo the Aseeasmen[ shall immediately prepay all future unpaid annual Assessments fat such Tax Parcel if (I) the Tax Parcel is nquired by a public entity through condemnation, negotiated sale or otherwise, or (2) a tax certificate has been issued and remains —banding in respect of the Tax Parcel and the City, at its Bola option, cleats to acceleraze the Assessment The amount requited to prepay the furore unpaid annual Assessments will be equal to the Adjusted Prepayment Amount for such Tax parcel. (B) During any period commencing on the date the annual Assessment Roll is oenified for c 11-ion pursuant to the Uniform Assessment Collection Act and ending on the nut date on which unpaid ad valorem taxes become delinquent, the City may reduce 1 vhe amount required to prepay the fuuire unpaid annual Assessments fat rho "fax Parcel by the mnouni of the Asseaanten t that has been oertificd (or collection with respect to such Tax Parcel. (C) The amount of all prepayments made pursuant to this Section 3.07 shall be final. The City shall not be required to refund amy portion of a prepuymGm if (1) the Capital Coat of the Rood Impmvemenre is less than the amount upon which such Adjusted Ptcpaymnnt Amount was wmputed, or (2) unnual AssassmonR mill not be imposed for the full number of years anticipated at dte time of such prepayment. 1 l8 SECTION 3.08. REALLOCATION UPON FUTURE SUBDIVISION. (A) Upon subdivision of any Tax Parcel located within the A Area that is subj- to the Assessment, and compliance with the conditions set Lott], below, the Adjured Prapaymetn Amount Cot such Tex Parcel shall be reollocmed among the subdivided parcels. U) In order to have rho Adjusted Prepayment Amount for such Tax Parcel reallocated in comteo[ion with any such subdivision, the owner shall be required to apply to the City and —,ply with —h of the following conditions: (I) a recorded plat, approved sire plan of compmble document ,It bo provided to the City sufficient in detail to describe adequately the location of the Tax P,,—I and the individual pmcels is the proposed subdivision; r (2) the Property Appraiser must have assigned distinct ad valorem property tax identifaation numbers to each individual subdivided parcel or committed in t ti(mg to assign such.. ... abets prior to the next —,mg Aue tst I or any later date approved by the City that will not prevent itmely ra:nitiwtion of the Assessment 11o11 is accordance Mil, the Uniform Assessment Coilcctimt Act (3) at the expense of the real property owner, nn appraisal most be provided by a "certified general appraiser," as defied in Section 475.61 Up), Florida Statutes, approved by the City, which indica- the fair marko—lua of the Tax Parcel prior to the subdivision and the fair market value of each individual stbd-ded parcel; m d-- htg the fair market value of the individual 19 subdivided p,,t,d,, the appraiser may take into consideration ,,,y infraswoture ib,pm—,,ts that are then under cob -lib, if funds sufficient f,, th,i, —pleb, are sec,,,d M the satisfitfi- ofth, City Attorney; (4) a proposed reallocation of the Adjusted Prepayment Amount I, each individual portal ,—t b, pm,idd to the City; p—idod lh.--, that no portion ,fthe Adjusted Prepayment A,-- may It, reallocated to —I property proposed for dedication to th, public ., t. -.— use ofthe subdivided p,—,k; (5) the N, market vela, of each separate parcel aflar thn subdivision —f b, at I—t five times the Adjusted P,py,,,,t A,,,,t reallocated fi—tt,; and (6) the —1 l —, shall pay a, assessment reallocation f,, t, the City for each mdi,i&,,I parcel rzsulting from the ,,bdi,i,i,,, in on amount to be t.,l.bIi,,h,,d by resolution ofllh, City (C) If the -- of ,by T. N—d ,,bj- t. the A --t subdivides such Tex Parcel ,,,d fails to comply with the foregoing —thti—t. the City shall —11—b, the Adjt,,I,d P,,py.,,., At—w among the subdivided parcels, based I ,p, the land without improvements, --d to each subdivided p,,,,l by the property Appraiser. At it, s,h, option, th, City .,y obtain sn appraisal of the subdivided parcels at any time and —11-tb, the Adjusted 11,,c,y—,,t A,,-t,t based ,p,,, the land value, without rmpmvements, reflected in the appraisal. If an ppni,al is obtained, the —t of the .pp.-b will be allocated --g the nlbdmded parcels on ffie f the -N, FM reflected therein end add,d W the Adjured Prepayment Ammmt of the Assessment for each subdivided parcel in the PiseaI Year following receipt of the app,i,,]. It is hereby found end determined that the foregoing method of reallocating the Adjusted Prepayment Amount among subdivided parcels is fair and icasonable, taking into consideration tho opportunity for reallocation available m the owaa and the r,qu I—,t to provide adequate severity for the Obligndons. (D) Nonvithstaading the foreg,mg, if a tax Pa-1 include, more then one Platted Lot and no Parcels of Record, the Assessment imposed against,uch T,, Parcel may bo reallocated among rho Platted Lots upon (1) op,h,atimt of the owner mtd (2) a e eat ofa distinot ad valorem properly tnx identifiention number to each Platted Lot 0 oay combiaatioa of Planed Lot, by the Property Appraiser. ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION. The A --is shall be collected pursuant to the Unifonn Assessment Collwtion Am SECTION 4.02. SEVERABILITY. If any clause, section , provision of this Resolution ehall be deelaced vuconstitutional or invalid for any reason or cause, the rematniug portion of said Resolution shall bo in full Porue sad effect and be valid as if suoh irtvelid portion thereofhad not been incorp,—d herein. [Remainder of page intentionally left blank] 1 1 SECTION 4,03. EFFECTIVE DATE. 'IYds Resolution shall tnke effect unmediately upon its adoption. DULY ADOPTED this 2nd by of August, MOT CITY OF LONGWOOD, FLOWDA H.G. "Butch" Hundy, Jr., M o ATTEST: Saralijares, City Approved as to Fonn and cortectness: sG_ Richnr -Taylor, Jr., Cit�rney APPENDIX .A FORM OF NOTICE TO BE PUBLISHED [INSERT SMALL MAP OF ASSESSMENT AREA[ NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SPECIAL ASSESSMENTS IN THE VIAGNOLIA/SE FIINOLE/PALNIET'CO/JESSUP AVENUE ROAD PAVING ASSESSMENT AREA N. iee is heeeby given that the City Commission of the City of Longwood will ...duet a public hearing to -n ider creation of it,, Magnolia/Smninole/Pnlmetto/Icsaup Avenue Road Paving Assessment A— as shown above, and imposition of special PM99me foe the eonstructimt of rand improvements. The he., ing will be held at 7:00 oreas soon thereafter m the moiler con be heard, on Aagnat 30, 2004, et City Hall, 175 West Warren Avenue, L..gw.od, Florida, for the peep— O'reeemeg public rent on the proposed Magnolia/Seminole/Palmetto/Jeseup Avenue Road Paving Assessment Area and collection of the assessments on the ad valorem tax bill. All affected teal poperty owners have e tight m appeal at the healing and L. file w6ttaa objections with the City Clerk anytime prior to the public hearing. If a person decides to appeal tiny decision made by iho City Cemmission with respect to any maue, --dared g at the hearinsneh pies wll need a eewed of the pr.cecdiags and may need re to ensu that a verbatim rec.rd o Wade, including the tosti.ony and evidence upon which the appeal is to be made_ In aeeoedmtee with the Americans with Disabdili s Act, persons needing a special ae modation a interpreter to participate io di, proceeding should c.ob, I the ADA Coordinator at 407/260-3481 tit lent seven days prda ior t. the te of the hearing. The assessment Foe each panel of Kcal property will be based open the total umber of lineal feet of footage along the strcers to be jeep—elL A morn spocifie desefiptio of the .pro and the method of e.mpafng the as rt far each fmcel of real property are lset forth in the Initial Assossment Resolution adopted by the City Commission oo Aagust 2, MUL Copies of the Initial Assessme I Resolution and the preliminary Assessment Poll o vaileble for inspeetton at City Hall, located at I75 West Warren Avenue, Longwood, Florida. The asscswnents will be collcebed oe the ad valorem tax bill, as-11—zed by Section 1J7.3632, Florida Stalotes. The City Commission .tends to collect the t 15 a oil i stallm s, the f I of which ill will be included or the od vtbill o bo dor , tailed io October or November 200L Faift , pay the will c result . te.e em'tifcatu to be issued against the reel property which may s in.loss oftitle c If you hove any questions, please contact the Ctty's Assessment Coordiontor at 407/260-3475. CITY OF LONGWOOD, FLORIDA 1 APPENDIX 6 FORM OF NOTICE TO 6E MAILED ol CITY OF LONGWCOD 175 W est Warren Avenue Longwood, Florida 32750 407/260-3440 August_, 2004 [Property Owner Name]] [Sbcet Address] [City, State and zip] Re: Parcel Number [lb— Numbet] Magnolia/Seminole/Palmetto/Jesup Avenue Road Paving Assessment Area Dear Property Owner: The City of Longwoodsoasi&mg nation of the Magnolia/Seminele/Palme[to/]essup Avenue RondPaving Assessment Area for the If road impm ants. The coat of the road of impro will be funded by a aesements against real property within the Assessment Areaem rills assessment for each poroel of teal property is based apes the 1ntal number of lineal be. frontage along the streets to be improved Amore spear Cie description of the --,eet progmm is included in the Initial Assessment Resolution adopted by the City Commissimn on August 2, 2004. Copies of the Initial Assessment R—leh,l and the preliminuty Assessment Roll nr variable far your review of City Hall loealcd at 175 W- Warren Avonne, Longwood, Florida. lnfllefi,l regarding the assessment f yourspecific reel property, melading the number of lots, is ablJI to this leiler. The City e, ends to internally finance this and other assessment projects. This will permit the cost a«riblteble to your rent property to be amortized over a paned of IS ycata. Please do norsetd payment now. If the assessments are imposed, you will receive a separate notice of the date and place for payment. In order mduc the fnn cial impae the will hat n the teat y pinpmlor of the Assessment A-, the City 1— decided nat to charge �ny m t the loan and htnd nll adminisuntive and collection ee- related to placing the assessments on the tax bill f om other City rcvenuc sources. The m nual as lent is $25.00 per lineal foot Altou hgh acmal �.. mts[raction costs nmtynbe higho, in so s a, the City has docided to limit the Asrees,ment to this cafe. The City intend, tomdkhde annual as,esso-, on your od ,al—m bo, bill with the first payment on the bill W be mailed in Ocmbcr or November 2004. Failure to pay youcasses,ments will cause a tnx certificate to be i,sued against tha real property which may result in o loss of tide. The City of Longwood City Commission will hold a public hearing at TOO P.M., on thereafter as the matter can be heard, on August 30, 2004, at City Ball located of 175 West W—o Avenue, Longwood, Florida, for the purpose of receiving comments on the Proposed Assessment Area and the a„essmenta, including collection on the ad valorem tax bill. You are invited to attend and participate io the publio h—mg or to file written objections with the City Cerk anytime prior to the public hearing. If you decide to appeal any decision made by the City Commission with rasped to any maRar considered nt the 1—nug, ymt will need a record of the proceeding, and may reed to encore that a verbatim record is made, including the teetimooy and evidence upon which tho ,,I is to"' mode. la.....lone, with the Americans with Disabilities Act, if you eed u special n modal rlcTo, e participate m this proceeding, plea et the ADA Coordinatoro'nt 4071260 1111 11.asl seven day, prior to die date of the heanag. r Ques regarding your as tro and the pcess for pma oll-i- y rectebe did to the City Assessment Coordinatoc nt 407/260-3475. CITY OF LONG W ODD, FLORIDA * " * " ° SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * a Magnolla/Seminole/Pnlmetto/Jesvup Avenue Road Paving Assessment Area [Property 0—n Name] Pamel Numbe, (Insert Number] Total numb,, of lineal feet attributed to property: [Insect Numbw] Amount to make full pay—i in disoount period: (represents 10%discount) [Insert Amount] Prepayment amount after discount period: (raprason[s no discount) [[nswY Amount] Number of annual payments: 15 Maximum annual payment": [Insert Amoun[] * The City hits placed a $25.00 per lineal foot cap on t * " * * * SEND NO MONEINOW. THIS IS NOT AN INVOICE APPENDIX C DESCRIPTION OR PARCELS IN THE MAGNOLIAISEMINOLE/PALMETTOMESSUP AVENUE ROAD PAVING ASSESSMENT AREA varcei Number assossment I+0 z svou �l ,12 aa�aaa +a+s.00 -................. aaaoao... a�:��-0oo.�so �zso� zsao ss,o =87oao 1 1 ssz so CITY OF LONGWOOD, FLORIDA 2004 WASTEWATER ASSESSMENT AREA INITIAL ASSESSMENT RESOLUTION ADOPTED AUGUST 2, 2004 TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.0L DEFINITIONS...._._ .............. ........._.................. i SECTION 1.02. INTERPRETATION. .............. ............ .............. 5 SECTION 103. GENERAL FINDINGS---, ........... 6 ARTICLE II NOTICE AND PUBLIC HEARING SECTION2.0L PROJECT COST AND DESCRIPTION............ _..._. 10 SECTION 2.02. ASSESSMENT ROLL.. .......... ............. ........._................ .. 10 SECTION 2.03. PUBLIC HEARING....._........_...._ ......................... ................. 10 SE TION204. NOTICE BY PUBLICATION ....... _.._._....._.. II SECTION 2.05. NOTICE BY MAIL .............................................. ._........ ..... ..... II ARTICLE III ASSESSMENTS SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREA...__.. 12 SECTION 3.02. IMPOSITION OF ASSESSMENTS.......__._ ..............._........... 12 SECTION 3.03. PREPAYMENT AMOUNTS.. ......._.............. .. 12 SECTION 3.04. COMPUTATION OF ANNUAL ASSESSMENTS......__.__... 13 SECTION 3.05. INITIAL PREPAYMENT OPTION ....._.....__......_........... _..... 15 SECTION 306. ADDITIONAL PREPAYMENT OPTION ................................ 15 SECTION 3.02. SECTION 3.08. MANDATORY PREPAYMENT ................ _._.. 16 REALLOCATION UPON FUTURE SUBDiVIS1ON..._......... 17 ARTICLE IV GENERAL PROVISIONS SECTION4.01. METHOD OF COLLECTION ........................__....---- .......... 20 SECTION4.02. SEVERABILITY.__........--- ....................... ........... ............ 20 SECTIONT03. EFFECTIVEDATE........_............ ._........................_.__...... 21 APPENDIXA- FORM OF NOTICE TO BE PUBLISHED APPENDIX B - FORM OF NOTICE TO BE MAILED APPENDIX C - DESCRIPTION OF PARCELS IN THE 2004 WASTEWATER ASSESSMENT AREA AND APPLICABLE INITIAL PREPAYMENT AMOUNTS