Resolution 05-1121RESOLUTION NO. 05-1121
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, DESCRIBING FEE
REAL PROPERTY TO BE LOCATED WITHIN THE
PROPOSED GOLDEN GROVE MAINTENANCE
ASSESSMENT AREA; DETERMINING THAT SUCH
REAL PROPERTY WILL DERIVE A SPECIAL BENEFIT
FROM THE MAINTENANCE OF THE GOLDEN GROVE
LOCAL IMPROVEMENTS; DETERMINING THE
ESTIMATED MAINTENANCE COST OF THE GOLDEN
GROVE LOCAL IMPROVEMENTS; DIRECTING THE
ASSESSMENT COORDINATOR TO PREPARE A
TENTATIVE ASSESSMENT ROLL BASED UPON THE
METHODOLOGY SET FORTH HEREIN;
ESTABLISHING A PUBLIC HEARING TO CONSIDER
IMPOSITION OF THE PROPOSED MAINTENANCE
ASSESSMENTS AND THE METHOD OF THEIR
COLLECTION; DIRECTING THE PROVISION OF
NOTICE IN CONNECTION THEREWITH; PROVIDING
FOR SEVERABILITY AND PROVIDING AN EFFECTIVE
DATE,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF LONG W OOD, FLORIDA, AS FOLLOWS:
ARTICLEI
DEFINITIONS AND CONSTRUCTION
SECTION 1.01. DEFINITIONS. As used in this Resolulion, the follm i,
rears shell have the following meanings, unless the context hereof othera;isc r,q,i—
Any capitalized Icons vat defined herein shall h—lhe mewing asetibed w wait tents in
the Ordinance.
"Annual Maintenance Component" means the amount compnted for each Tax
Parcel pursnant to Section 3.03(A) hereof.
"Assessment Coordinator" means the person designated by the City
Commission to be responsible for coordinating Maintenance Assessments, or such
per,on's deaigoee.
"Assessment Arta" nseaos the proposed Golden Gmve Maintenance Assessment
Area described in Section 3.01 hereof.
"Assessment Roll" on— a non -ad valore,n assessment roll relating to the
Maintenance Cost of the Golden Grove Local Improvements and related expenses.
"City" means the City of Longwood, a municipal eorpomtion duly organized and
validly existing under the laws of the Sode of Florida.
"City Attorney" means the City', Anoraey, or such person', designee.
"City Commission" means the City Commission of the City.
"Final Assessment Resolution" means the resolution desctired in Sarions 2.07
of the Ordinance that imposes the Maintenance Asseas—ni, within the Assessment Aree.
"Fiscal Year" means the period eonunenoing on October 1 of each year and
eominaing through the v- succeeding September 30, or such other period as may be
prescribed by law us the fiscal year for the City.
"Golden Grove Local Improvements" means the irrigation. landscaping, street
lighting. the Golden Gmve Subdivision Wells end other related improvements located in
and adjacent to the Assessment Area.
"Golden Grove Sabdivislon Walls° means the M, 16' winged walls abutting
Stone Court previously constmcted along the north,,, boundary of the Assessment Abs,,
including related signage,
"Government Property" means real property owned by the United States of
America, the State of Florida, a county, a special district, a mmrictpal corporation or any
of their respective agencies or political subdivisions.
"Maintenance" means the operation and mainmatance ofthe Golden Gmve Local
Improvements, including oleaaing, r,painog, replacing landscaping and similar services.
"Maintenance Assessment" means an annual special assessment imposed against
real property located within [be Assessment Area to Cued the Mainteassee Cost of the
Golden Gmve Local Improvements, and related expenses, oonput,d is the manner
desc bed in Section 3.03 hereof
"Maintenance Assessment Collectlnn Cost- means the estimated cost to be
meowed by the City during any Fiscal Yea[ in eoaaecti- with the collection of the
Maintenance Assessment.
"Maintenance Assessment Collection Cost Component" means the aa,oun,
computed for each 7Lx Parcel pursumrt to Section 3.03(B) hereof.
"Maintenance Cost" mesas all or any portion of the expenses that ere pmperly
attributable to Maintenance coder gGterally —pled accounting principals, iaclnding
widrou[ limiting the generality of the foregoing, funding 1 wall mp,,i, reserve account for
die Golden Grove Subdivision Walls, relmbmsemem to the Ci y for any fmmds advanced
fo, Muimon— turd i--1 oa any int,,N,d o, immfund I— fnr such purpose.
"Maintenance Assessment Statmtoty Discamnt Amount" meatus the amount
computed for each Tax Pmcel pu,suant to Section 3.03(C) he,eof.
"Ordinance" means Oedimaace No. 01-1574 enacted by the City Commission on
June 18, 2001, as amended and s,pplemeat,d by Ordinance No. 04-1701. enacted by the
City Commission on July 19, 2004.
"Platted Lot" mesas a aingle-family residential bmildimg lot Ioca[ed in the
Assessment Area that is dosedbed on a map o, plat recorded in the Seminole County
Official Records.
"Property Appraiser" means the Seminole County Property Appraiser.
"Public Use Parcel" means any Platted Lof located s,illb. the Assessment Area
tbl is used fa public proposes and dues not ru.u,e a special benefit dam the
Maintenance, including, bm not limited m. Govemmwt Property, —mom -ay, rights-
of -way and vlility cos—ms.
"Tax Parcel" means a parcel of teal property tm which the P,opnrty Appraise, has
assigned a distinct ad valorem property tax identifcation number.
"Tax R.11" means lht real prope,ty ad valo,eni lax ass I,,lt .I1 maintained by
the Property Appraiser for the purpose of the Ievy and col lecfion of ad valorem tuxes.
"Unifmnm Assessment Collantimi Act" means Sections 197.3632 and 1973635,
Fla,ida Stamles, or any succesm, slalutes emho,izing the collection of non -ad valorem
4
Maintenance Assessments on the same bill as ad valorem taxes, and any appfieable
ragnlatione promulgated thereunder.
SECTION 1.02. INTERPRETATION. Unless the context indicate,,
othemlae, words importing the singular nnmber include the plural number, and vice
versa; the I'm, "Thereof," "hereby." "herein;' "hereto;' 'bueunder" and similar terms
refer to this Resolution; end the term "hereafter" means after, and the tens "heretofore"
means before, the effective dale of this Resolmion. Woods of any gender include the
correlative word, of the other gender, unless tho sense indicates otherwise.
SECTION 1.03. FINDINGS. It is hereby ascertained, d.,-iaed and
declared that
(A) Pursuant to Article VIII, Section 2(b) of the Florida Constitmion, and
Sections 166MI and 166,041, Florida Statutes, the City Commission Ihas ¢II pm— ,f
Iocal self-government to perfnrm municipal fi—i ns and to render n,-idpal services
except when prohibited by law and such power may be exercised by the enactment of
legislation in the Corm fCity ordinances.
R) The City Commission may execrose any govemmemal. corporate, e,
proprietary power for a municipal propose except when axpressly prohibited by Iaw, and
the Ciry Commission may legislate on any subject matter on which the Legislature may
ant, except those s,lbj-, described in (a), (b), (c), and (d) of Secion 166.02] (3), Flncida
Statutes. Thu subject loner of paragraphs (a), (b), (e), and (d) of Section 166.021(3),
Florida Statutes, is not relevant to imposition of Mainteoaace Ass —alats related to
Local lmprovements within the City.
(C) The City Commission has enacted the Ordiaaaea to provide for the creation
of Asmasaamt Areas (as defined in the (adinance) and authorize the imposition of
Assessments to food (I) the coostmation of Lsaal lmprovements to benefit the all
property located therein sad (2) the ,at of operating and mainoining Local
lmprovements.
(D) The City Commission desires to create the Golden Grove Maintenance
Aeseesmmrt Area as an Assessment Area under the Ordinance to fund the Maintenance
Cost of the Golden Grove Local Improvements. The Goldea Grove Local lmprovements
coostilute a Local Improvement as defined is the Ordinance end the Maintenance Cost
coastilutes the Opuafiag Cost of Related Services, as defined in the Ordinance.
(E) The Asaessntent Area includes only Platted Lots zoned for siagle-family
residential use. None of the ,at property located within the Assessmeot Area is used for
multi -family residential, commercial or other uses.
(F) Maintenance of the Goldea Grove Loral lmprovements will provide a
special benefit to all Platted Lots located ,ifeo the Assessment Area by improving and
enhancing the cstcnor subdivision boundaries, the ioterwr subdivision areas, the
subdivision identity and the subdivision aesthetics and safety, thus enhancing the valve,
asc and enjoyment of such real property. Due to their use, Pehlic Use Parcels will not
derive a special beatefit from nc, Maioteaaare.
� 6
(G) Each Platted Lot within dte Assessment Area will derive the same special
benefit from Mai,tenance of the Golden Grove Local Improvements. Accordingly, it is
fair and reasonable to apportion the Maintenance Cost of the Golden Grove Local
lmprovements equally among each Platted Lot within Assessment At-
(P) The City Commission hereby finds and determines that the Maintenance
Assessments, to be imposed in .—dnnee with this Reaolulion, provide an equilable
method of funding the Maintenance by fnlrly and reasonably allocating the coat based on
the special benefit derived by the reel property, in the manner hereinafter deeoribed
ARTICLE II
NOTICE AND PUBLIC HEARING
SECTION 2.01. ESTIMATED MAINTENANCE COST. The estimated
Mainteonnca Cost of the Golden Grove Locrd Improvements is $2.310 per Fisoal Year,
The Maintenance Coat of the Golden Grove Local Lmprovements will be funded through
the imposition of Maintenance Assessments against real property loaned in the
Assessment Area io the manner set forth in Article III hereof.
SECTION 2.02. ASSESSMENT ROLL. The Assessment Coordinator is
hereby directed to prepare a final estimate of the Mainl-- Cost of the G.W. Grove
Local hnprove.— and P, prepare the preliminary Assessment Roll m the mariner
provided in the Ordinance. The Assessment Coordioetnr shall apportion the Mnintenarrce
Coe, of the Gold- Grove Local Improvements among the parcels of real property within
the Assessment Area as reflected on rho Tax Boll in oonfornity with Article III hereof.
The estimate of Mainenance Cost and the Assessment Ed shall be maiotamed on file at
City hlell vrd open to public inspection. "fbe foregoing shall no[ be wnswed to require
that the Assessmem Roll be m primed form if the omwn[ of the Maintenance Assessment
r each Tax Pnmel con be rletemrined by use of a compute, terminal available to the
publio.
SECTION 2.03. PUBLIC HEARING. A public hearing will be conducted by
the City Commission at 7:00 P.M., or as soon therea fie, as the matter can be heard, oo
Septembe, 7, 2005, at City Hnll located at 175 Was, Wu— Avenuq Longwood, Plorida,
8
to consider (A) creation of the Assessment Area, (B) impnaiti- of the Maintenance
Assessments, and (C) colleetion of the Maintenance Assessments pursuant to the
Uniform Assessment Collection Act.
SECTION 2.04. NOTICE BY PUBLICATION. Upon completion of the
materials required by Section 2.02 hereof, the Assessment Coordinator shall publish a
notice of the publie hearing nudrodted by Section 2.03 hereof in the manner and the time
provided in Section 205 of the Ordinance. Snch notice shall be in substantially the form
attached hereto as Appendix A.
SECTION 2.05. NOTICE BY MAIL. Upon completion of the materials
required by Section 2.02 hereof, the Assesameert Coordinator shall, at the time end in the
— specified in Section 2.06 fthe Ordinance, provide first class mailed notice fthe
publie hearing authorised by Section 2,03 hereofto each real property miler proposed to
be assessed m the address indicated on he Tay Roll. Such notice shall be in substantially
the fomt attached hereto as Appendix B.
ARTICLE III
MAINTENANCE ASSESSMENTS
SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREA.
The proposed Golden Grove Maiatenmca Assessment Area shall imlode dte real
property located within the Golden G— Subdi,m— as more spe.ifc Ily id-ifed in
Appendix C attached hereto. The Assessment Area is proposed for the purpose of
enhm.iog the use and e,,joy—ot of real pmperq• located therein by funding the
Maintenmee Cost of the Golden Grove Local hoprovwtea t,
SECTION 3.02. IMPOSITION OF MAINTENANCE ASSESSMENTS.
The Maintenance Assessments shall be imposed against all real property located within
the Assessment Area for ea.h Fiscal Y—, other than Poblic Use Panels, and shall be
computed in .....donee with this Article III. Wl— imposed, the Maintenance
Assessment for each Fiscal Year shell c.nslilute a lie. upon the Tax P—ls loaned in
the Assessment Area, p..sumt to tho Ordinance.
SECTION3.03. COMPUTATION OF MAINTENANCE
ASSESSMENTS. The annual Maintenance Assessmemx shell be computed Cor each Taz
Parcel located is the Assassin... Area. other than Pobli. Use Panels. in the mature. set
forth iu this Section 3.03,
(A) ANNUAL MAINTENANCE COMPONENT; The "Annual Mainten.n.e
Component" shall be calculated for each Fiscal Year for eaeh'Cax Parcel by C) dwid'mg
(a) the Malnteam e Cost of the Golden Grove Local Impmvements by (b) the total
.umber of Platted Lots located in the Assessment Area, and (2) multiplying the result by
the oumber of Plotted Lots attributable Io such Tax Parcel.
(B) MAINTENANCE ASSESSMENT COLLECTION COST COMP NEN '.
The "Maintenance Assessment Colle.mo Cost Component" shall be computed each
PiacaI Year for each Tax Parcel by (I) dividing (a) the Maintenance Assessment
Collection Cost by (b) the total oumber of Platted Lots located in the Assessment A—,
and (2) multiplying the result by the omnber Platted Lom attributable to such Tax Panel.
(C) MAINTENANCE ASSESSMENT STATUTORY DISCOUNT AMOUNT
The "Maintenance Assessment Statutory Dieeount Amount" shot] be computed for each
Tax Parcel ss the amount allowed by law as the maximum disco...I for early payment of
ad valorem taxes and non -ad valorem assessments, such amowt to be calculated by
deducting (1) the sum of (a) the Annual Maintenance Component and (b) the
Maintenance Assessment Collection Cost Component, from (2) the .mount computed by
dividing (a) the sum of (i) the Annual Maim...... Component sad (ii) the Maintenance
Assets,- Collection Cost Component, by (b) the fador of 0.96.
(D) MAINTENANCE ASSESSMENT. The annual Maintenance Assessment
for each Tax Parcel shall be computed es' the sum of (1) the Annual Mainte—ee
Component. (2) the Maiote—ee Assessment Collection Cost Component, end (3) the
Maintenance Assessment Sta.nory Discount Amount.
ARTICLE IV
GENERAL PROVISIONS
SECTION4.01. METHOD OF COLLECTION. The Maintenance
Assessments shall be col lected pursunnY to the Uniform Assessment Collection AcY.
SECTION 4.02. SEVERABILITY. lfany clnuse,sectic, or provision of this
Resolution shall be declared unconstitutional or invalid for mry reason or cause, the
remaining portion cf said Resolcaon shall be in fit]] force and cT a and be valid es if
such invalid portion thereof had not been incorporated herein.
SECTION 4.03. CONFLICTS. All rcvolntions or pans thereof in conflict
herewith are hereby repealed to the extent cf such conflict.
[Remnindu of page inteutionnlly left blank]
SECTION 4.04. EFFECTIVE DATE This Rcsolntion shall take eff-
DULY ADOPTED this lith day of August, 2005,
CITY OF LONGWOOD, FLORIDA
IV_____
H.O. "Borah" Bundy. ]c, May
ATTEST:
Sty C
Approved as to form end correctness:
G i _
Richard S. Teylot, lr., City Attomey '
APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
befDrc Augur l s.200i
[INSERT SMALL MAP OF ASSESSMENT AREAI
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF SPECIAL ASSESSMENTS
IN THE GOLDEN GROVE MAINTENANCE ASSESSMENT AREA
Notice is hereby given that the City Commission of the City of Longwood will
conduct a public hearing I. consider et of the Gold,, Grove Maintcosnce
Assessment Ate,, as shown above, end imposition of special ae lots to tend the
aimenence vests of the Golden Grove Subdivision Walls, landseapiog, irrigation,
lighting end other related improvemeatts within the Gelde. Grove Mniatenanoe
Assessment Area. The bearing will be held at 7:00 Rol of as soon thereafter .the
matter can be heard, on September 7, 2005, at City Hall, 175 West Warren Avenue,
Longwood, Florida, for the purpose of receiving public comment on the proposed Golden
Grove Maintenance Asse —,, Area and oolleetion of the ossteats on the Id
valorem tax bill. All affected real property owners have a right toappear at the heating
and to f le written objections with the City Clerk seytiate prior to the public h—mg. If.
person decides to appeal any decision made by the City Commission with respect to any
mnnet considered It the hearing, such person will need a record of the proceedings end
may need to ensure that a verbatim record is made, including the testimony and evidence
upon which the appeal is to be toad,. In accordance with the Americans with Disabilities
Act, persons needing a speoial necommodam or an interpreter to participate in this
proceeding should ...tact the City', ADA Coordinator of 4071260-3481 at least 48 hours
priorto the date tithe hearing.
The assessmem for each parcel of real property will be based on the number of
platted Tots attribumble to each parcel of real property within the proposed Golden Grove
Maintenance Assessment Area. A morespecifle desetiption of the improvements sod the
method of computing the assessment for each parcel of real property are set forth in the
Initial Assessment Resolution adopted by the City Commission on August 15, 2005.
Copies of the Initial Assessment Resolution and the preliminary Assessment Roll are
vailable for inspection at City Hall,. Iecated at 175 West Warren Avenue, Longwood,
Flonda,
The Issas lots will be collected on the Id valorem tax bill commencing with the
tax bill to be mailed it, Oelob,r or November 2005, as a,thonzetl by Section 197,'632,
Florida Stnwtes. Failure to pay the assessments will cause a tax "'if" to be
issued
against the tell property which atay result m a loss ot'title.
if you have a„y gaestwm, please contact the City', Assessment Coordinator at
407/260-3475.
CITY OF TANG WOOD, FLORIDA
APPENDIX B
FORM OF NOTICE TO BE MAILED
CITY OF LONGWOOD
175 West Warren Avenue
Longwood, Florida 32750
4071260-3440
[Property Owner Nome]
(Street Address]
(City, State and zip]
Re: Parcal Numbu [Insert Number]
Golden Grove Maintenance A --a- Area
Dear Property Owner
The City of Longwood is comsidori,g emation of the Golden Grove Maud ...nec
Assessment Area to impose special assessments to fund the maintenance costs of the
Golden Grove Subdivision Walls, laadscepiag, irrigntiov, lighting and other related
within the Golden Grove Maintenance Assessment Area. The assessment for
,,eh parcel of real property will be bused oo the number of platted Jots attributable to
each parcel of real property within the proposed Ooiden Grove Maintenance Assessment
Area. Amore specific description ofthe improvements and the method ofcomp,ti,g the
to —meal fur each parcel of out property a et forth in the Initial Assessment
Resolution adopted by the City Commission ou August 15, 2005, Copies of the laitiol
Assessment Resolution and the preliminary Assessment Roll are available for inspection
at City Hall, located at 175 West W—ca Aveamc, Longwood, Florida Information
regarding the assessment for your speci Gc real property is attached to this letter.
Ibe City intends m include aacual assessments on your ad valorem tax bill with
the first payment ou the bill to be mailed in October or November 2005. Failure to pay
your assessments will cause a tax certificate to be issued agaiust the real property which
may result in a loss of title. The City Commission will hold a public hearing at 7:00
P.M., to as soon thereafter as the mattes can be heard, on September 7, 2005, at City Mall
located at 775 West Warren Avenue, Longwood, Florida, for the purpose of receiving
u o menn dte proposed Golden Grove Maiotenance Assessment Area, including
collection ou the ad valorem tax bill. You are invited to ahead and participate in the
public hearingor [o file wriuen objections with the Ciry Clerk anytime prior to the public
hearing.
If you decide to appeal any deoisioa made by the City Commission with respect to
any matter considered at the hearing, you will need a record of the proceedings had may
need to easare that a verbatim record is made, iocloding the testimony nad evidence upon
which the appeal is to be made. In accordance with the Americans with Disabilities Act,
if you amd a speeial ac aodmiaa or an interpreter to participate in this pmeeediag,
please contact the City',, ADA Coordinator at 4072603481 at Ieast 48 homs prier to the
date of the hearing.
Qnestioas regarding yoar ass meot mtd the process for collection may be
directed m the City', Assessment Coordinator at 407260-3475.
CITY OF LONGWOOD, FLORIDA
* * * * * SEND NO MONEY NOW, THIS IS NOT AN INVOICE * * * * *
Golden Grove Meintenaucc Assessment Area
[Property Owner N-1
Panel Number [Insert Number]
Number of Plmned Lots [Insert Amount]
Annual Assessment Amount [Insert Amount]
* * * * *-SEND NO MONEY NOW. THIS IS NOT AN INVOICE
APPENDIX C
DESCRIPTION OF PARCELS IN THE GOLDEN GROVE MAINTENANCE
ASSESSMENT AREA
APPENDIX C
DRAFT M: 8/09/05
CITY OF LONGWOOD, FLORIDA
INITIAL ASSESSMENT RESOLUTION
FORTDE
BARRINGTON MAINTENANCE ASSESSMENT AREA
ADOPTED AUGUST 15, 2005
TABLE OF CONTENTS
PAGE
ART ICLEI
DEFINITIONS AND CONSTRUCTION
SECTION 1.01. DEFINITIONS_..._ ....................
SECTION 1.02. INTERPRETATION .................. _--- .............. _........... ..._.._..........
5
SECTION 1.03. FINDINGS ................ ............................................... ,..............
._...5
AR CLE 11
NOTICE AND PUBLIC HEARING
SECTION 201. ESTIMATED MAINTENANCE COS T............. ....._...................8
SECTION 2.02. ASSESSMENTROLL...____....._..........___.. _.............................8
SECTION 203. PUBLIC HEARING ......... .......... ......_...._...________..................8
SECTION 2.04. NOTICE BY PUBLICATION........ ........... _______............._.9
SECTION 2.05. NOTICE BY MAIL ........... ......... .............. ......__....__............
__..9
ARTICLE III
MAINTENANCE ASSESSM ENTS
SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREA _.......
10
SECTION 3.02, IMPOSITION OF MAINTENANCE ASSESSMENTS _.____..
10
SECTION 3.03. COMPUTATION OF MAINTENANCE ASSESSMENTS
_.._. 10
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. MET]101) OF COLLECTION .............._......._............. ........
..... 12
SECTION 4.02. SE,VERABILDY -- .....................
12
SECTION4.03. CONFLICTS.... ............. ... ...... ...............
12
SECTION 4.04. EFFECTIVE- DATE. .................. .
13
APPENDIX A- FORM OF NOT ICE TO BE PUBLISHED
APPENDIX B- FORM OF NOTICE TO BE MAILED
APPENDIX C- DESCRIPTION OF PARCEIS IN "lilt BARRINGCON
MAINTENANCE ASSESSMFN'IAREA