Resolution 05-1122RESOLUTION NO.05-1122
A RESOLUTION OF ]'HE CITY COMMISSION OF THE
CITY OF LONGWOOD. FLORIDA. DESCRIBING THE
REAL PROPERTY TO BE LOCATED WITHIN THE
PROPOSED BARRINGTON MAINTENANCE
ASSESSMENT AREA; DETERMINING THAT SUCH
REAL PROPERTY WILL DERIVE A SPECIAL BENEFIT
FROM THE MAINTENANCE OF THE BARRINGTON
LOCAL IMPROVEMENTS; DETERMINING THE
ESTIMATED MAINTENANCE COST OF THE
BARRINGTON LOCAL IMPROVEMENTS; DIRECTING
TFiE 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 LONGWOOD, FLORIDA, AS FOLLOWS:
AS ICLEI
DEFINITIONS AND CONSTRUCTION
SECTION 1.01, DEFINITIONS. As used in this Resolution, the following
[eons shell have the following meanings, unless the context hereof oth—ise requires.
Any c.pitPliz d terms not defined herein shall have the meaning ascribed tosuch terms m
the Ordinance.
"Annual Maintenance Component" memts the amount competed for each Tax
Parcel pursuml m Section 3.03(A) hereof.
"Assessment Coordinator" means the person designated by the City
Com uson to be responsible for coordinating Maintenance Assessments, or such
person's designee.
"Assessment Area" means the proposed Barrington Maintenance Assessment
Area described in Section 3AI hereof.
"Assessment Roll" means a non -ad valorem assessment roll relating to the
Maintenance Cost of the B—mgton Local Improvement, and related expen,e,.
"Rarrivgton Local Improvements" menus the irrigation, landscaping,, street
lighting, the Barrington Subdivision Wsll and other related improvements loaaled it, and
adjacent to till A,ses,mean A—,
"Barrington Subdivision W,II" means the tahtg,d wall abutting Grange Placc
previously constructed along the western boundary of the Assessment Area. including
related sipttge.
"City" means the City of Longwood. a municipal wryomtion duly organized and
validly existing under the laws of the State of Florid,.
"City Attorney" means the City', Attorney, or such person', designee.
"City Commissio," means the City Commission ofdte City.
"Final Assessment Resolution" means the resolution described in Sections 1,07
of the O,dinonee that imposes the Maintenance Assessments within the Assessment Area.
"Fiscal Year" means the period commencing on October 1 of each year and
...li-eug through the next ......ding Septentbu 30, or such other period as may be
prescribed by law as the fiscal year for the City.
"Government Property" means real property owned by the UNted States of
America, the State of Florida, a.o.aty, a special district, a municipal oup-him or any
oftheir respective agencies or political subdivisions.
"Maintenance" means the ope,.ti.0 and t-hu nart.e of the Bnrringtoo Local
Improvements, including claiming repairing, replacing landscaping and similar services.
"Maintenance Assessment" means tm nu.uol special ..—uuent imposed against
reaI pmperry located within the Assessment Area to fund the Maintenance Cost of the
Barrington L—1 Improvements, and related exp.......... pored in the manner described
iv Section 3.03 hereof.
"Maintenance Assessment Collection Cost" means the animated wm to be
mcutred by the City during my Fiscal Year iu connection with the collection of the
Maintenance Assessment.
"Maiutevanee Assessment C111e1Hon Colt C.nrponent" means the amoont
computed for each Tax Parcel pursuant to Section 3.03(B) hereof.
"Maintenance Cost" menu all or any portion of the expenses that are properly
.dributable to Maintenance under generally accepted accounting prin.ipals, including,
without limiting the genterality of the foregoing funding a wall repair -- account for
the Harrington Subdivision Woll, reimbursement to the City for ¢ny funds advanced for
Maintenance and interest on any interfund or intrafund loan for such purpose.
"Maintenance Assessment Statutory Discomt Amount" means the amount
cmnputed for each Tax P—1 pursuatrt to Section 3.03(C) hereof
"Ordinance" means Ordinance No. 01-1574 enacted by the City Commission on
June 18, 2001, as amended and supplemented by Ordinance M. 04-1701, enacted by the
City Commission on July 19, 2004.
"Platted Lot" means a smgle.family residential building lot located in the
Assessment Area that is described on a m¢p or plat recorded in the Seminole County
Omeial Records.
"Property Appraiser" means the Seminole County Property Appraiser.
"Public Use Parcel" means any Platted Lot located within the Assessment Area
that is used for public purposes —1 does not receive a special benefit Gom the
Maintenance, ineloding but not limited lo, Oovemment Property, retention areas, rights -
of -way and utility easements.
"Tax Paael" means a parcel of real property to which the Property Appraiser has
assigned a distinct ad valorem property tax ido,tifemion m—b-
"Tax Roll' means the real property ad valormn tax assessment roll m,i-ined by
the Property Appraiser for the purpose Fthe levy and collection of nd valorem I—,
"Uniform Assessment Collection Ad" means Sections 197.3632 ¢nd 197,3635_
Florida Statutes. or any successor steanes awhai,Ig the collection of non -ad valorem
4
Mailrall— Assessments II rbe Inate bill as ad valorem d—, and any ruphadld
regulation, p,,,,Ig,t,d thereunder.
SECTION 1.02. INTERPRETATION. tufle, the rdarest indicates
otherwise, 11rud, importing the singular number include the plural number, and vice
versa; the t— "hereof," be,by,' "haufi,` "u,,en,' "he,an.&C end similar terms
,far to this Resolution; and the a -"hereafter" means alter, and the , rha—fin."
nue— before, the affarfi,a data If this Resolution W11,11 If any glrda, i,d,d, the
a —hat, —,da oftha other gender, unless the sense udi.b. dth—fge.
SECTION 1.03. FINDINGS. It is hereby ....stained, determined and
declared tbar
(A) Pursuant to Article WIT, Section 2(b) If the Florida Constitution, and
Sections 166.021 sad 166.041, Florida Statute, the City Commission has all p,,,,, If
I —I t, p,,f,,, municipal ft aida, and It uradar municipal —i...
—apt when prohibited by I., and such p.-, may be exercised by the ersenuen, If
legislation iu the form r[City ordinances.
(B) The City C.—mina may asrraite any g—ure-1, coryore[c, or
proprietary pma, bar , municipal purpose except when expressly prohibited by 1,,,, and
the City Commission may legislate on my subject hunte, on which the L,gi,[,,a,e may
act, a.,ap, th.se subinel, described in (r), (b), and (d) 11 16602](3), Florid.
Stra—, the subject nalue, If paragraph (a). (b), (,), and (,) It Section 166,02](3),
Florida Statutes, is not relevant to imposition of Mtdnteoance Assessments related to
Local Improvements within the City.
(C) The City Commission has enacted the Ordinance to provide for th... otion
of Assessment Areas (os defned in the Ordinance) end authorize the imposition of
Assessments to fund (1) the .oastruction of Local Improvements to benefit the real
property, toasted therein and (2) the cost of operating and maintaining Local
Improvements.
(D) The City Commission desires to create the Barrington Maintenance
Assessment Area as an Assessment Area under the Ordinace to food the Maintenance
Cost of the Barrington Local Improvements. The Barrington Local Improvements
constitute a Local Improvement os defned is the Ordinance and the Maintenance Cost
constitutes the Operating Cost of Related Services, as defned in the Ordinance.
(E) The Assessment Arc, includes only Placed Lots zoned for sing), -family
resid-ml o- Noue of the real property located within the Assessment Area is used for
multi-fooily residential,--,bd,l or other uses.
(F) Moimenonce of the Barrington Local Improvemens will provide a special
benefit to all Platted Lots I ... tcd within the Assessment Area by improving and
enhancing the exterior subdivision boundaries, the interior subdivision ar as, the
subdivision identity and the subdivision aesthetics and safety, thus cnhauciog the value,
use and enjoyment of such —I property. Due to their usq Public Use Parcels will not
derives special benefit fom the Maintenance.
6
(G) Each Phbuid L,( ,fthi, the A--- Area will defi,, the — special
benefit from Maintenance of the Bmi,gbbi Local Improvements. Accordingly. it i, fiti,
end --.1bl, to epp,ttiob the Maintenance C- ofthe B—itigi., Local Improvements
equally among each Platted Lot within A--itt Area.
(ft) rhe City CtitttbbsM- hereby fitid, and tl—i— that it,, Maintenance
As—tti—, to b, imposed i, accordance with this Resolution, provide an equitable
method of funding the Mititt-a... by Nib, and reasonably ulloc mg the cost based
the speuel benefit &fi-d b, the —1 property, it, the -- lb—inAu da,ibM.
ARTICLE II
NOTICE AND PUBLIC HEARING
SECTION 2.01. ESTIMATED MAINTENANCE COST. The estimated
Maintenance Cost of the Barrington Local Improvements is $7,280 per Fiscal Year. The
Maintenance Coat of the Barrington Local hnprovements will be funded through the
imposition of Maintenance Asses-- real property located in the Assessment
Area in the manner set forth in Article III hereof.
SECTION 2.02. ASSESSMENT ROLL. 'fhe Assessment Coordinator is
hereby directed to prepare a final estimate of the Maintenance Cost of the Barrington
Local Improvements and to palpate the preliminary Assessment Roll in the manner
provided in the Ordinance. The Assessment C... diaator shall apportion the Maintenance
' Cost fthe Barrington Local III, ements among the parcels of real property within the
Assessment Area as reflected on the Tax Roll in conformity whh Article III hereof. The
estimate of Maintenance Costaod the Assessmont Roll shall be mninotiool on file at City
Hall and open m public inspeation. The foregoing shall nut be construed to require that
the Assessment Roll be in punted fort. if the amount of the Maintenance Assessment for
each Tat, Panel can be determined by use of e computer terminal available to the public.
SECTION 2.03. PUBLIC HEARING. A public heazingwill be conducted by
the City Commission et 7:00 PM., or os soon thereafter ns the matter can be heard, on
September 7, 2005. at City Hall located at 175 West Warren Avenue, Longtvoori, Florida,
to consider (A) creation of the Assessment Area. (B) imposition of the Main[ena.ce
8
Assessments, and (C) collection of the Maimenanw Assessments po[suant to the
Uniform Assessment Collection All,
SECTION 2.04. NOTICE BY PUBLICATION. Upon completion of the
materials required by Section 2.02 hereof, the Assess.... Coordinator shall publish a
notice fthe public hearing unthoriced by Seotion 2.03 hereofia the mmmer and the time
provided is Section 2.05 of the Ordinance Sach notice shall be in substantially the forth
attached hereto as Appendix A.
SECTION 2.05. NOTICE BY MAIL. Upoo completion of the materials
required by Section 2,02 hereof, the Assessment Coordinator shall, at the time and in the
manna specified is Section 2.06 of the Ordinance, provide first class mailed noiioe of the
public hearing authorised by Section 2.03 he—ft, each real property rower proposed to
be assessed at the nddress indicated on Abe I. Boll. Such notice shall be in sobstentinlly
the Conn attaohed hereto as Appendix B.
ARTICLE Ill
MAINTENANCE ASSESSMENTS
SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREA.
The proposed Barrington Maintenance Assessment Are, shall iaclude the real property
located,,iihi, the Barrington Subdivision,, more apeci Fleally identified in Appendix C
attached hereto. The Assoseian, Area is proposed for the purpose of enhancing fe use
and enjoyment of real property located th—m by fu,diug fe Maintenance Cost of fe
Barrington Local Improvements.
SECTION3.02. IMPOSITION OF MAINTENANCE ASSESSMENTS.
The Maintenance Asses—mi, shall be imposed against all real property located ifin
the Assessment Area for each Fiscal Year, other than Public Use Parcels, and shall be
—paced in accordance with this Article Ill. When imposed, fe Maintenance
Assessment for each Fiscal Year s],,It constitute a lien upon the Tax Parcels located is
the Assessment Area, pursuant to the Ordinance.
SECTION 3.03. COMPUTATION OF MAINTENANCE
ASSESSMENTS. The aa—d Maintenance Assessmenls shall be conrpuled £arced, Tax
11-1 located in fe Assessment Area, other then Public Use Parcels, in the roamer set
forth m this Section 3.03.
(A) ANNUAL MAINTENANCE COMPONENC. The "Annual Maintenance
Component" sWl be calculated for each Fiscal Year for c,ch Ta< Pardcl by (I) dividing
10
(a) the Maiutenance Cost of the Barrington Local loop ...... Is by (b) the total number
of Platted Lots located to the Assessment Aces, and (2) multiplying the result by the
number of Platted Lots—ibutable to such To, Parcel.
(B) MAINTENANCE ASSESSMENT COLLECTION CAST COMPONENT.
The "Maintenance Assessment Collection Cost Conponent" shall be —posed ...h
Fiseol Year for each Tax Parcel by (1) dividing (a) the Maintenance Assessment
Collecion Cost by (b) the total number of Platted Lots located in the Assessment Area,
and (2) multiplying the result by the number Platted Lots attributable to such Tax Parcel.
(C) MAINTENANCE ASSESSMENT STATUIORY DISCOUNT AMOUNT.
The "Maintenance A. ..... t Statutory Discount Amount" shall be compumd for each
Tax Parcel t, the a,nomri allowed by Iaw as the 1—imum discount for early payment of
ad valorem taxea and noo-nd valorem assessments, such mown to be calculated by
deducting (I) the sum of (a) the A-1 Mai ts—e Component atd (b) he
Maintenance Assessmem Collection Cost Component, from (2) the amount computed by
dividing (a) the sum of (i) the Annual Maintenance Component end (ii) the Maim —ee
Asse—sM Colleation Cost Component, by (b) the 6O of096.
(D) MAINTENANCE ASSESSMENT. The amoral Maintenance Assessment
for each Tax Parcel shop be computed as the sum of (1) the Annual Maintenance
Comp .... I, (2) the Maintenance Assessment Collection Cost Camponcnt, w,d (3) the
Maintenance Assessment Statutory Discount Amount.
ARTICLE IV
GENERAL PROVISIONS
SECTION4.01. METHOD OF COLLECTION, The Maimenunce
Assessments shall be collected pui,— to the Uoifom Assessment Collection Act.
SECTION 4.02. SEVERABILITY. If any clause, section or provision of this
Resolution shall be declared unconstitutional oe invalid for any reason or cause. the
temaming portion of said Resolution shall be in Cull (occe and effect and be valid as if
such invalid portion t6eteof had not been incotpotnted herein.
SECTION 4.03. CONFLICTS. All resolutions o, pans thereof in conflict
herewith me hereby repaaled to thee icci fsuch conflict.
[Remaindu ofpage intentionally left bh kj
SECTION 4.04. EFFECTIVE DATE, This Resolution shall take effect
DULY ADOPTED this 15th day ofA,g,,t, 2005.
CITY OF LONGWOOD, FLORIDA
I I.O. "8nmh" Bnndy, 7r., Me
ATTEST:
Saran M. Mija,.. Ci,, Clef
Approved es to f— end cortecbteee:
Richard S 'Fy! r,1, C y Atiorne}�
APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
n<r re n'.s Bmm
[INSERT SMALL MAP OF ASSESSMENT AREA]
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF SPECIAL ASSESSMENTS
IN THE BARRINGTON MAINTENANCE ASSESSMENT AREA
Notice is hereby given that the City Commissimt of the City of Longwood will
conduct a public hearing to consider creation of the Barriogton Maintenance Assessment
Area, as shown above, sod imposition of special assos cols It, fbad the maintenance
costs of the Barriogoo Subdivision Wall, landscaping, i,igaliom lighting and he,
related improvements within the Barrington Maintenance Assessment Area. The hearing
will bs held at 7:00 P.M., or as soon thueefler os the matter can be heard, on September
7, 2005, at City HaII, 175 West Warren Avenue, Longwood, Florida, for the purpose of
viag public comment on the proposed Baringion Maintenance Assessment Area and
collection of the assessments on the ad val000v tax bill. All affected real property
ere have a right to appear at the hearing and to file written objections with the City
Clerk anytime prior to the public hearing. If, person decides to appeal wy decision
made by the City Commission with reap., to any matter considered at the hearing, such
person will need a record of the proceedings and may need m ensure that a verbatim
cord is made, including the testimony and evidence upon which the appeal is to be
made. Ia to tdaaee with the Americans with Disabilities Act, persons nvediog a special
modation or an mterpr , to pa mpete in this proceeding should e-ni the
City'ss ADA Coordinator at 407/260-3481 at least 48 hours prior to the dme of the
heariog.
The assessment for ea,r parcel of real property will be based on the number of
platted lots attributable 10 each parcel of re 1 property within the proposed Barrington
Maintenance Assessment Area. A more specific description ofihe hprovernent and the
method of computing the osseaxot- for each parcel of real property are set Porth in the
Initial Assetssneot Resolution adopted by the City Commission on Augnsi 15, 2005,
Copies of the Initial Assessmem Resolution and the preliminary Assessment Rod ere
vailable for inspection el City Ball, located et 175 West Warren Avenue, Longwood,
Florida.
The assessments will be collected on the ad vel.ov,, It,, bill commencing with the
ax bill to be mailed in October or November 2005, as authorized by Section 197.3632,
Florida Smmtcs. Cost— to pay titl assessments will cause a mx certificate m be issued
against the real propery which may result in a loss oftitla.
If you have any gnestioos, pleas, contact the City's Assessment C—dinato, at
407/260.3475,
CITY OF LONGWOOD, FLORIDA
A-2
APPENDIX B
FORM OF NOTICE TO BE MAILED
CITY OF LONG WOOD
175 West Warren Avenne
Longwood, Florida 32750
407260-3440
[Property Owner Name]
[Street Address)
[City, State and zip]
Re: Parcel Nmnber [I ... A Number]
Barrington Maintenance Assessment A—
D— Properly Owner:
7be City of Longwood is wnsidering creation of the Barrington Maintenance
Asse oer Area to impose special as ........ s to fund the n aiatenance co of the
Barrington Subdivision Wall, landscapingirrigation, lighting and other related services
within the B—ingo. Maintenaace Assessment Area. The assessment for each parcel of
reaI property will be based on the number oCplattW lots attributable to each parcel of real
property within the proposed Barringmn Maintenance Assessment An— Amore specific
descriplion of the irnpmvemenis and the melh.d of computing the assessment for each
parcel of real property are set forth in the Initial Ass—nem Resolation adopted by the
City Commission on August 15, 2005. Copies of the Initial Assessment Resolation and
the preliminary A.—nrem Roll are available for inspection at City Hall, located sr 175
Well Warren Avenue, Longwood, Florida. tnto—ation regarding the assessment for
your specific real property is altached to this l—,
The City intends to include annual assessments on yon, ad vabren, tan bill with
the first payment on the bill to be mailed in October or November, 2005. Failure to pay
yonr assessments will cause a tax certificate to be issued against the real property which
may result in aloes of title. The City Commission will hold a public hearing at T.00
P.M., or as
soon thereafter as the matter can be heard on September 7, M05, at City Hall
located at 175 West Warren Avemne, Longwood, Florid., for the purpose of receiving
n the proposed Barrington Mama, ... re Assessment Area, including
collection on the ad valorem lax bill. You arc invited to attend and participate in the
public hearing or to file written objections with the City Clerk anytime prior to the public
hen ing.
If you decide to appeal any decision made by the City Commission with respect to
any matter considered at the h wmg, you will need a record of the proceedings sad may
need to ensure that a verbatim record is made, including the testimony bad evident, upon
which the appal I, to be made. In accordance with the Americans with Disabilities Act,
if you need a ep,,i,l accommodation or un interpreter to panicipote in this proceeding,
please contact [he City's ADA Coordinator at 407/260-3481 at least 48 hours prior to the
date of the hearing
Questions regarding your as meat and the process for wlleaion may b,
directed to the City', Assessment Coordinator at 407/260-3475.
CITY OF LONGWOOD, FLORIDA
* " * * ' SEND NO MONEY NOW. THIS IS NOT AN INVOICE' *
Barrington Maintenance Assessment Area
[Prop,* Owner Name]
P—i Number [Insert N—br,j
Numb,,,f Planed Lots [ffi— Amount]
Annual Assessment A —, [Insert Amount)
' • " • * SEND NO MONEY NOW. THIS IS NOT AN INVOICE' T '
APPENDIX C
DESCRIPTION OF PARCELS IN THE BARRINGTON MAINTENANCE
ASSESSMENT AREA
APPENDIX C
C-2
DRAFT #1: 8/09/05
CITY OF LONGWOOD, FLORIDA
INITIAL ASSESSMENT RESOLUTION
FORTHE
LONGWOOD GROVES CAPITAL AND MAINTENANCE
ASSESSMENT AREA
ADOPTED AUGUST 15, 2005
TABLE OF CONTENTS
PAGE
ARTICLE I
DEFINITIONS AND CONSTRUCTION
SECTION LOU DEFINITIONS...... ............. ........... .............. I
SECTION 1.02. INI'ERPRETATION_.............................._...........____.......___....7
SECTION 1.03, FINDINGS..._...._.._..._.......___..........._...........__..,........__.........7
ARTICLE 11
NOTICE AND PUBLIC BEARING
SECTION 2.01. PUBLIC HEARING.................................................................... 10
SECI'ION2.02. NOTICE BY PUBLICATION ... ............... .._..___..................... 10
SECTION2.03. NOTICEBYMAIL...____................................_......_................ 10
ARTICLE HI
DESCRIPTION OF PROPOSED ASSESSMENTS
ARTICLE IV
CAPITAL ASSESSMENTS
SECTION 4.01. ESTIMATED CAPITAL COST ............ .................... 12
SECTION 4 02. IMPOSITION OF CAPITAL ASSESSMENTS.. ___.............. 12
SEC DON 4.03. PREPAYMENT AMOUNTT S.._............... 12
SE TION 4.04. COMPUTATION OF ANNUAL CAPITAL ASSESSMENTS..13
SECTION T05. INITIAL PREPAYMENT OPTION......_ .........................._.... 15
SECTION 4.06, ADDITIONAL PREPAYMENT OPTION ......._........,..___._._. 16
SECTION 4.07. MANDATORY PREPAYMENT ................... _...._............._._... 16
SECTION 4.08. REALLOCATION UPON FUTURE SUBDIVISION._...._....., 18
SECTION 4.09. CAPITAL ASSESSMENT ROLI............................ 20
AR 1'ICLE V
MAINTENANCE ASSESSMENTS
SECTION 501, ESTIMATED MAINTENANCE COST ... .. _..._..________..... 22
SP,C'I [ON 5.02. IMPOSITION OF MAINTENANCE ASSFSSMENTS _........... 22
SECTION 5.03, COMPUTATION OF MAINTENANCE ASSESSMENTS 12
SECT ION 5.04, MAINTENANCE ASSESSMENT ROLL __..._______.__...__.23
ARTICLE VI
GENERAL PROVISIONS
SECTION6.01. METHODOPCOLLECTION...................._..............................25
SECTION6,02. SEVERABILITY......................................................................... 35
SF,CTION 6.03. CONFLICTS .......... 25
SECTION6.04. EFFECTIVEDATE.................. ........... -.....---- ..... ............. 26
APPENDIXA- FORM OF NOTICE TO BE PUBLISHED
APPENDIXB- FORM OF NOTICE TO BE MAILED
APPENDIX C - DESCRIPTION OF PARCELS IN THE LONGWOOD GROVES
CAPITAL AND MAINTENANCE ASSESSMENT AREA