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Resolution 05-1123RESOLUTION NO.05-1123 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, DESCRIBING THE REAL PROPERTY TO BE LOCATED WITHIN THE PROPOSED LONGWOOD GROVES CAPITAL AND MAINTENANCE ASSESSMENT AREA; DETERMINING THAT SUCH REAL PROPERTY WILL DERIVE A SPECIAL BENEFIT FROM CONSTRUCTION OF THE LONGWOOD GROVES LOCAL IMPROVEMENTS AND THE MAINTENANCE OF SUCH IMPROVEMENTS: DETERMINING THE ESTIMATED CONSTRUCTION AND MAINTENANCE COST OF THE LONGWOOD GROVES LOCAL IMPROVEMENTS; DIRECTING THE ASSESSMENT COORDINATOR TO PREPARE A TENTAT VE CAPITAL ASSESSMENT ROLL AND A TFS TATIVE MAINTENANCE ASSESSMENT ROLL BASED UPON THE: METHODOLOGY SET FORTH HEREIN; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED CAPITAL AND 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: ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the following meanings, unless the —1— hereof otherwise requir s. Any capimli,,,d teem, mp defined I—em th,11 have the meaning ascribed to such It— in the Ordinance. "Adjusted P,,,my-0 Apopool" me— the onmom ommn,d to prepay the Capital A—,mmot for each Tn,, P-1 located in the A--em Area to computed pom—I San.,, 4.03(B) he—f,md oeised ..... lly pursuant to S-mo 4.04(E) hereof. "A .... I Debt Service C—Im.t.0 no— the .mount ,mp-d In, each T,o, P—.1 pmm- to S-um 4.04(A) hereof. 'Amnnt] Mmn( ...... Cpmpmm,V' means It t computed to, each Tax P..el pn,,nn.t I. Staum 5.03(A) hereof. "A—.— Coordinator" —1 the Im—, designated by the City Commission to be responsible foe coordinating the A.--m, or such pt.ep's designee. "A —,on— A—" —n, the proposed [,,.g,,,,,d Go— C,,iop end Maintenance Asse—nt Area described in Animle III I—ef, "A.—n—W no—ne the Capital Aeseasme 1, and the M,iomn— A.—tou. "Capital A—,omm" means an --1 special assnsement imposed against property within the Assessment A— to mod the P,,jt,t C- of the L,mtp—d Groves Lot,] Imp— tmeol, and mlaled expenses, computed in the described in Section MH "Capital Assessment Collection Cost" mamas the estimated cost to be incatrod by the City during any Fiswl Year to cemmeetioa with the collection of the Capiml Assessments. "Capital Assessment Collection Cost Component" means We omount composed for each Tax Parcel pursuant to Section 4.04(B) hereof. "Capital Assessment Roll" means a non -ad valorem asae,—t roll relating to the Project Cost ofthe Longwood Groves Loeai Improveanems and relamd expenses "Capital Assossment Statutory Di Amonnt" ,eons dae aa—at competed for each T. Porcel pusuant to Section 4.04(C) hereof "Capital Cost" means Al or any portion of the cxpenses that are properly att butable to the acquisition, design, covstroction, installation, reconstruction, renewal or replacement (including damolition, envimnmevml mitigstion and reloc d-) of the Loogtvood Groves Local Improvements ond'unpoMfoa of the Capital Assessments aader generally accepted aarouotiog primcip — mad ivciuding reimbursement to the City for any fnnds advomced for Capital Cost mad interest on any intebnd or inemfund loan for such purposes. "City" means the City of Longwood, a naanicipol cotpo,tioo duly organized and validly axi,ting under the laws of dae Stam of Florida. "City Attorney" ,cans the City', Attorney, or such permn's designee. "City Commission" meeos the City Commission ofthe City. "City Inveshnevt Rate" means the City" average trvestment — based on monthly statements received for its investments for the month or months for which the tnvestmem rate is being calculated. "Final Assessment Resolution" means the resolution described in Secion 2.07 of the Ordinance that imposes the Assessments Within the Assessment A — "Fiscal Year" meane the period cananencivg on Octobu I of each y— end continuing through the next succeeding September 30, or such other period as may be prescribed by III, as the fiscal year for the City. "Government Property" means real property owned by the United States of America, the State of Florida, a wanly, a special district, a munioipal omporabe, or any of ih,ir respective agencies or political subdivisions. "loi[isl Prepayment Amount" means the mnount computed pursuant Section 4.03(A) hereof Por each Tax Parcel located in the Assessment Area to prepay the Capital As'seasment m IA. "Loyal [mprovemeal" means a eapilal imp—en¢nt constructed or installed by the City for the special benefit of a neighborhood or A— local area, for Which special assessments are imposed pursuant to the Ordinance. "Longwood Groves Local lmprovemeats" means the iaigab- landscaping, street lighting, updated signage, trcos, onumenrs at the W. Church Ave. and W. Warren Ave. ea --es, Inndscupiag, brick fencing along the W- Church Avenue bounder} and other related improvematts 1—led in mid adjacent to the Assessment Area. 4 "Malntevavice" means the operation and nbdamanvee of the Loagwood Groves Local Improvemeds, iveluding cleaving, mpvinng, replacing landscaping end similar "Maintenavee Assessment" means nn "mull apeeial,,ssessmetrt imposed against real property located within the Asaesseteat Are, to bad the Maivtenaaca Coat of the Longwood Groves L-1 Improvements, aad related expenses, cmnpotad iv the manner described io Section 5.03 hereof "Maintenance Assessment Collection Cost" means the e,di—ted cost to be meurted by the City duriag any Fiscal Year in connection mid, the collection of the Maintenance Assessment. "Maintenance Assessment Collection Cost Component" means the amoum cnmpated for each Tax Parcel po—ad to Section 5.03(B) hereof. "Maintenanca Assessment Roll" means anon -ad valorem rise -- ,It mbeii,g to the Maintenance Cost of the Longwood Groves Local lads—a—ee, and related expenses. "Maintenance Cost" means all or any portion of the o pet—, that are property mtnbatble to Maiden"rce under genemlly accepted accounting principals, i-Rating. without limiting the generality of the foregoing, reimbursement to the City for by fLads advanced for Maintenaaee and interost onady i-,fio,d or intrafond loan lb, such purpose. .� "Maintenance Assessment Statutory Diseount Amount" mean, the amount computed for eaoh Tax Parcel pursumt to Section 5.03(C) hereof. "Ordinaace" means Ordinance No. 01-1574 enacted by the City Commission on June 18, 2001, as amended and supplemented by Ordinance No. 04-1701, enacted by the City Coaunission ou Joly 19, 2004. "Platted Lot" means a single-family residential building lot located in the Assessment Area that is described on a map or plat recorded in the Seminole County Official Records. "Project Cost" meets all or any ponioo of the expenses attributable to (A) the Capital Cost of the Longwood Groves Local hnprov ot- , (B) the cost incurred by the City 10 imposa the Capital Assessmwts, and (C) any other costs or expenses refuted thereto. "Property• Appraiser" means the Seminole County Property Appraiser. "Public Use Parcel" means any Plaued Lot located within the Assessment Area that is used foe public purpo,as and does not receive a special benefit from construction of the Longwood Groves Local Improvements or the Maintenance thereof. including, but not limited to, Govemtnent Property, retention areas, eights -of -way and utility easements. "Tar Parcel" mem, a parcel of real property to which the Property Appraiser has assigned a distinct ad valorem property tax idrutif ication number. '"Pax Roll" means the real propeny ad valorem tax assessment roll maintained by the Property Appraises nor the pmpore fthe levy and wl(ection ol'ed valorem taxes. 6 "Uniform Assessment Collusion Act" means Sections' 197.3632 cad 197.3635, Florida Statutes, or any successor stemtes authorizing the collection of u,-ad valorem Asycastneuts ou the —I bill as ad valorem taxes, and any applicable regulations p,,,,Ig,t,d th—adcr. SECTION 1.02. INTERPRETATION. Unless [he ...-t indicates otherwise, words importing the singular ,,,,b,, include the plum) ,,be,, and vice versa; the 1cm,"hereof,""hereby," "h it" "hereto," "hereunder" and similar terms ,,f,, t, this R ... lalma; and the term b it,," —as 0, and the term"heretofore" means bIftu, the Iff,,,iaI date If itu, R—huiet. WeHy If say gender mIlude the —imiII words ofthe other gender, unless the scow auh-Is otherwise SECTION 1.03. FINDINGS. It is hereby ascertained, detemind cad declared that: (A) Pursuant W Article Vill, Section 2(b) If IF, Florida Constitution, and Sections 166.021 and 166,041, Florida Statutes, the City Cceac,isli.0 as, all P."I's If local self-g-t-amt to p,,f,,,, municipal functions and t, rend,, at-impi sa,,i—, ,.,,,pt when prohibited by law and such paver mty be exercised by the I ... a -at If legislation is the fo., oJ`City .,diatu—, (B) The City Commission may "I'd" any 9111111-11, "T"ale. 11 iaup,i— Cs— ftu, a municipal p,,,p,,, except when expeessly prohibited by I,, and it,, City C.—issiou uk, legislate on any subject mutter on which the Lcgilllia- may —Ipt those subjects dn,,ibtd i, ut. (b). (,), end id) of Section 16(1 Florida 7 Statutes. The subject matter of paragraphs (o), (b), (e), end (d) of Seetion 166.021(3), Florida Statutes, is not relevant to imposition of Assessments related to Local Imptnvemenrs within the City. (C) The City Commission has enacted the Ordinance to provide for the creation of Assessment Areas (as defined in the Ordinance) and authorize the imposition of Assessments to food (1) the construction of Local Improvements to benefit the real property located therein and (2) the cost of operating and m,inmioiog Local Improvements. (D) The City Conmission desires to create the Longwood Groves Capital and Maintenance Assessment Area as an Assessment Area under the Ordinance ro fund the Capital Cost and Maintenance Cost of the Longwood Groves Local Improvenents. The Longwood Groves Local Improvements constitute a Local Improvement as defined in the Ordinance and the Maintenance Cost ....notes the Operating Cost of Related Services, as defined is the Ordinance. (E) The A—toent Area includes oly Platted Lots zoned for single-family residential use. None of the real property located within the Assessment Area is used far multi -Family residential, commercial or other uses. (F) Construction and Maintenance of the Longwood Groves Local Improvements will provide o speeml benefit to all Planed Lots loaned within the Assessmem Area by improving and eoh—iog the exterior subdivision boundaries, the mturor subdivision azeas, the subdivision identity and the subdivision aesthetics and safety, thus enhancing the vote, use and enjoyment of such —1 property. Due t, th,i, ,,,, Public Use Parcels will not derive , special benefit 1— e—t—tio. end MIiDtMI— ofihe Longwood G— Local Inhh—,ent, (G) Each Platted Lot within the A,,,,,,,t Area will deme the same special benefit from roust tim and Maintenance of the L,.g,..d Gn.— L.-I le,p--ml, Accordingly, it it fin, and reasonable to apportion the Project C- and the Maintenance C- of the Longwood Groves L-1 Imp ... e—nn, equally —ohl; each Netted Lot ilhih Assessment A... (H) In Me, n, reduce the financial in,pel the Capital A,—,enehl, will have on the eal p,,p,ny owners in the A—t—el Area, the City has decided t, provide a 10- ye, i--1 I,m in the —1 property ownes fir ffiei, sbare of the In.jee, C- ffin ell parcels. Interoet will beehe,Wd—h year based -the City Investment Rate The City has decided that the maximum intones, rate Ih.t will be charged is six percent (6%) per year. (1) The City C.—minn hereby find, and determines that the Alle—en., to be imposed in ee—d.ee with this R-1.1we, provide a. equitable method of funding ,he e.--i- and Maintenance of the Longwood G.— Local hnp.ve.,- by fairly and — ... bly ¢Vacating the cost bated on the spa W benefit derived by the —1 property, in the --e, he,em.ften described. ARTICLE II NOTICE AND PUBLIC HEARING SECTION 2.01. PUBLIC HEARING. A public hemegwill beeonducted by the City Commission at 7:00 P.M., or as soon thereaRer as the matter can be heard, oo September 7, 2005, at City Hall located at 175 West Warren Avenue, Longwood, Florida, to eoosldu (A) creation of the Assessment Area, (B) imposition of the Assessments, and (C) collection ofdte Assessments pm'.suwn to the Uniform Assessment Collection Act. SECTION 2.02. NOTICE BY PUBLICATION. Upon completion of the to —tile Capital Assessment Roll and the tentative Willi, ce Assessment Roll, the Assessment Coordinator ehbl polish a notice of the public hewing ebb ontod by Section 2.01 hereof in the manner and the time provided in Section 2.05 of the Ordinance_ Such notice shall be in substantially the form atmehed hereto as Appendix A. SECTION 2.03. NOTICE BY MAIL. Upon completion of the tentative Capital Assessmcnn Roll and the tentative Maintonaoce Assesemeatt Pell, the Assessment Coordinator shall, at the time and in the manner specifod in Section 2.06 of de Ordinance, provide first class mailed notice of the public hearing authorimd by Section 2.01 hereof to each real properry owner proposed to be assessed at the address indicated on the Tax Roll. Seeb notice shall be in substantially the form attached hereto as Appendix B. Im ARTICLE III DESCRIPTION OF PROPOSED ASSESSMENTS The City Commission proposes to orente the Longwood Groves Capital and Maintenance Assessment Area including the real property located within the Longwood Groves Subdivisioa, as more specifically identified in Appendix C attached harem. The Assessment Area is proposed for the purpose of enh—iag the ese and enjoyment of reel property located therein by funding the Pt jest Cost and Mainenane. Cos[ of the Longwood Groves Local Imprwemems. ARTICLE IV CAPITAL ASSESSMENTS SECTION 4.01. ESTIMATED CAPITAL COST. The estimated Capital Cost of the Longwood Groves Local hnprovemeals is .$250,000. The Project Cost of the Longwood Groves Local Improveanenis will be Ended through the imposition of Capital Assessments against property located in the Assessment Area in the mannar set forth in this Article IV. SECTION 4.02. IMPOSITION OF CAPITAL ASSESSMENTS. The Capital Assessmems shall be imposcd against reol properly located within the Assessment Area Cor a period of ten (I0) years. The fiat anneal Capital Assessment will be included on the ad valorem tax bill to be mailed in October or November 2005. When imposed, the Capital Assessment for each Fiscal Year shall constitute alien upon the'fax Parcels located in the Assessment Area, pursuant to the Ordinance. SECTION4.03. PREPAYMENT AMOUNTS. (A) The Initial Prepayment Amonnt for each Tax Nteel looted r,ithh, the Assess,- Area shall be shell be the amoant detennincd by (I) dividing the number of Platted Lots abrib-ble such Tax Parcel by the total Platted Lots attributable to Ti. Parcels within the Assessment Area, and (2) multiplying the result by the estimated Capital Cost of the Longwood Groves Local Improvements, (B) Following the initial prepayment period described in Section 4.05 hereof. the Adpvs d Prepayment Amount shall be set equal to the Initial Prepayment Amount for 12 each Tax Parcel, other than these Tax Parcels as to which the Assessment has been prepaid. The Adjusted Prepayment Amount for each tax Parcel shall be revised annually, se provided io Section 4.04(E) herwf. SECTION 4.04. COMPUTATION OF ANNUAL CAPITAL ASSESSMENTS. The annual Capital Assessment shall be wmp,t,d for eaeh Tax Potted io the manner set forth in this Section 4.04. (A) ANNUAL DEBT SERVICE COMPONENT. The "Annual Debt Service Component" shall be composed for each Fiscal Year it, whieh the Initial Prepayment Amount (or Adjusted Prepayment Amount, if applicabl) of the Tax Pmcel is outstanding as follows: (1) The Assessmenrt Coordinator shall fiat ealeulote an annual interest rate Computed as the lesser of (I) the City Inveshnent Rate, or (il) an interest rate equal to six percent (6%) per ycar. (2) The Assessment Coordinator shall next caloolsee the amount of prieeipal due for the Tax Parcel by dividing (i) the Tax Parcel', Initial Prepayment Amount (or Adjusted Prepayment Amount, if applicable), by (b) the number of remaining years the Assessment e, payable, whieh shall initially be for a period of ten (10) years. (3) The Assessment Coordinator shall fl determine the interest payable by multiplying (i) the damsel iteeoest rate competed in (I) above, by (it) the Initial Prepayment Amtoent (or Adjusted Prepayment Ameuo(, ifappliceble). 13 (4) The Annul Debt Service Component is then enitninted as the sum of the amount deteemioed in (2) and (3) above. (B) CAPITAL ASSESSMENT COLLECTION COST COMPONENC. The "Capital Assessment Collection Cost Component" shall be computed each Fiscal Year fbr each Sax Parcel by (1) dividing (a) the Capital Assessment Colleetion Cost by (b) the total number of Pl,a,d Lots located in the Assessment Are, for which no prepayment has beeat received, and (2) multiplying the result by the number Platted Loll attributable to such Tax Parcel. (C) CAPITAL ASSESSMENT STATUTORY DISCOUNT AMOUNT. T'he "Capital Assessment Statutory Discount Amount" is the amount allowed by law a the maxtmnm discount for emly payments of ad vnlorem [axes end noaad vnlorem assessments placed on the tax bill. The "Capital Assessment Stnmtory Discount Amount" shall be computed for e,,h Tm P,mel as the amount n11—d by law as the maxtmnm discount for —ly payment of nd valorem taxes and n—od valorem assessments, such amount to be calculated by dedoa bog (1) the sum of (a) the —1 Debt Service Component and (h) the Capital A.vsecvment Collection Cost Component, from (2) the mnoum computed by dividing (,) the sum of (i) the Annual Debt Service Component mtd (ii) the Capital A.—olemt Collection Cost Component, by (b) dte f iemr of 0.96. (D) CAPITAL ASSESSMENT. The annual Capital Assessment for e,,h Tax Parcel shell be computed as the sum of (1) the Annn,l Dabt SeM,, Component, (2) the 14 Capital Assessment Collection Cost Component and (3) the Capital Assessment Statutory Discount Amoum. (E) REVISION OF ADIUSTED PREPAYMENT AMOUNT. Upoo —ifieatioo of the Capital Assessment Roll for each Fiscal Year, the Adjusted Prepayment Amount for each Tax Parcel shall be recomputed by deducing (1) the principal—ponent of the Anmml Debt Service Component detennietd in Section 4.04(A)(2) above and included on the Capital Assessment Roll for the Tax Parcel, f— (2) the Adjusted Prepayment Amount utilized to compute the annual Capital Assessment included on the Capital Assessment Roll for such Tax Parcel. SECTION 4.05. INITIAL PREPAYMENT OPTION. (A) Following adoption of the Pinal Assessment Resolution, the Assessment Coordinator shall provide first class mailed notice to the owner of each Tax Parcel subjeot m the Capital Assessment of the owner'e option to prepay all future vmual Capital Assessme— On or prior to September 30, 2005, the owner of each Tax P—I subject to the Capital Assessment shell be entitled to prepay all future annual Capital A--Itt,upon peym ut of the l nitiel Prepoyment Amount. (B) the amount of all prepayments made pursuant to this Section 4,05 shall be feel. The City shall not be required to refund any portion of a prepayment if the ac¢oal Capital Cost of the Longwood Groves Local Improvemeots is less than the estimated Capital Cost upon wbi6 such the Initial Prepayment Amount was computed. r SECTION4.06. ADDITIONAL PREPAYMENT OPTION. (A) Following the date specified in the notice provided pureuanI to Section 4.05(A) hereof, or snch later data as the City Commission may all in its sole discrctimt, the owner of each Tax Parcel subject to the Capital Assessmenta shall be entitled to prepay all future unpaid annual Capital Assessments upon payment of an amount equal to the Ath-ed Prepayment Amonnt for such Tax Parcel. (B) D,dag any period—mancieg on the data the annual Capital Assessment Roll is certified for collection persuaot to the Uniform Assessment Collection Act end ending on the next date on which unpaid ad valorem taxes became delinquent, the City may reduce the amount required to prepay the future unpaid annual Capital Assessments for the Tax Parcel by the amount of the Capital Assessment that has been cenifim for eelleetion with respect to such Tax Parcel. (C) The amount of all prepayments made pursuant to this Section 4.06 shall be final. The City shall not be required to refund any Pont,,, of a prepayment if (1) the Capital Cost of the Longwood Groves Local hnprovements is less than the amount upon which such Adjusted Prepayment Amount was computed, or (2) annual Capital Assessments will not be imposed for the full number of years anticipated at the time of such prepayment. SECTION 4.07. MANDATORY PREPAYMENT. (A) The —, of a Tas Parcel sobjeat to the Capital Arse -- shall ie—ediately prepay all hnure unpaid annual Capital Assessi,,,B for such Tas Peccel if 16 ()) the Tax Puce) is acquired by a public entity through condemnation, negotiated sale of otherwise, or (2) a tax certificate has been issued and remains outstanding in respect of the Tax Parcel and the City, at its sole option, elects to accelerate the Capital Assessment. The unount required to prepay the ftam unpaid annual Capital Assessments will be equal e, the Adjusted Prepayment Amount for such Tax Pucel. (B) During any period commencing on the date the annual Capital Assessment Roll is certified for collection pu.suant to the Unifovn Assessment Celleetion Act and eadmg on the next date on which unpaid ad valocem lazes become delinquent. the City may reduce the amount required to prepay the fit-, unpaid anmtal Capital Assessments for the Tax Pazcel by the amount of the Capital Assess.... that has been certified fat collection with respect to snch Tax fated. (C) The amount of all prepayments made pursuant to this Section 4,07 shall be fnal. The City shall not be required to tehrnd any portion of a pmpoym,art if (1) the Capital Cost of the Longwood Gm— Local Improvements is less than the amount upon which such Adjusted Prepayment Amount was computed, or (2) annual Capital Assessments will not be imposed for the full numb,, of years anticipated at the time of such prepayment. SECTION4.08. REALLOCATION UPON FUTURE SUBDIVISION. (A) Upon subdivision of any 7'ax Parcel located within the Assessment Area that is subject to the Capital Assessment, and compliance with the conditions at Pot -lb below, the Adjusted Prepayment Amoam for sucb Tax Pacel shall be realb—d among the subdivided parcels. (B) In order to have the Adjusted Prepayment Amount for each Tax Parcel reallocated is connection with any such subdivision, the owner shall be required to apply to the City sad comply with each of the following conditions: (I) a recorded plat, approved site plan or eomptnble document must be provided to the City sufficient in derail to deaeribe adequately the location of the Tax Pateel and the individual parcels in the proposed sobdivision; (2) the Property Appraiser must have assigned distinct ad valorem property tax idontif—tion numbers to each individual subdivided parcel or commuted in writing to assign such numbers prior to the next eavuing August I or — Inter date approved by the City that will not prevent timely cenificatioa of the Capital Assessment Roll in accordance with the Unifann Assessment Collection Act; (3) at the expense of the —I property owner, an appraisal must be provided by a "certified general appraiser," as deEned io Section 475,611(g), Florida Statutes, approved by the City, which indicates the fair market value of1he Tav Paroei prior to the subdivision and the fair market value of each individual 18 subdivided ful-1; in determining he fibi, market value of the individual subdivided p-1, he appraiser ..,y take into u—idculi- ..y i.fts—clII, i.p.,coolu. that are then uodu c.occ—li- if bloc, leffid,l,l to, their completion are l—M to the s1filfilaile, If till City Alolucy; (4) a p,,p,,cd reallocation ofthe Adjusted Prepayment Amount to each individual parcel ..,l Is, provided to the City; provided however, that no p.,i.o of the Adjusted Prepayment A,,,,t may b, reallocated to real p,,p,ay proposed for dedication to the public or to —u—, use ofthe subdivided parcels; (5) the fell market value of cuch s,,pu— p,,d oflcr the ,,bdi,i,i,,, ,,,t be a least life the, the Adjusted Prepayment Aco,sut reallocated tbcoco: .d (6) the real p,,p,M I,— shall ply 1, essesameut 1111,19i'll III to the City for each i.dwid,,.1 parcel —.11m, ft.m the ubdmi., it, au anount to be established by of the City C—mi,, (C) If the own,, of,ey Tlo, P-1 subject to the Capital Assessment subdivides such r,,, PateeI and fiij, to comply with the foregoing conditions. the City shall reallocate the Adjusted Prepayment A,,,,,,t among the subdivided parcels, bused upon the land valuF without improvements, --d to each subdivided parcel by the Property Appraiser. At its sole option. the City stay obulio ut, appraisal of(l,, subdivided parcels of any time and reallocate the Adjusted Prepayment A,,,,t based upon the land value, ,ilh.o, hup—cu,em, rIfemcd io the appraisal. ff.0 a,,p,.is.I is obtained, the cost If 19 the appraisal will be a11,eted among the subdivided parcels oo the basis of the value reflected therein mtd added to the Adjasted Prepayment Amount of the Capital Assessment for each subdivided parcel in the Fiscal Yea following receipt of the appaisal. It is hereby f and and determined that the foregoing method of reallocating the Adjasted Prepayment Amount among subdivided parcels is fair and reasonable, taking into consideratieo the opponunity for reallocation available to the owner and the requirement to provide adequate security for the City. (D) Notwithstanding the foregoing, if a Tax Parcel iitdodea more then one Platted Lot, the Capital Assessment imposed against such I. Parcel may be reallocated among the PI.Ped Lots upon (I) application of the owner and (2) assignment ofa distinct ad valorem property lax identification number to each Platted Lot or any combioation of Platted Lots by the Property Appraiser. SECTION 4.09. CAPITAL ASSESSMENT ROLL. The Assessment Coordinator is hereby directed to prepae a Mal estimate of the Capitol Cost of the Loogwood Groves Local hop and to prepare the preliminary Capital Assessment Roll iv the manner provided in the Ordinance. The Aeseesmem Coordinator shall apportion the Capital Cost fthe Longwood Groves Local Improvmu O among the parcels of real property within the Assessment Area as reflected on the Tax Roll in conformity with this Article IV, The estimate of Capital Cos[ and the Capiml Assessment Roll shall be maimoined on file at Clty Ball and open to public inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form if the 20 amount of the Cepital Aeeoe-- for each Tax Parcel can be determined by ase of a compute, terminal available to the public. ARTICLE V MAINTENANCE ASSESSMENTS SECTION 5.01. ESTIMATED MAINTENANCE COST. The estimated Maintenance Cost of the Longwood Groves Local Improvetnems is $4,521 per Fiscal Year. The Maintenance Cos[ of [he Longwood Groves Local lmprove ,- will be funded thrwgh the imposition of Main[eounce Assessments agaivat real property located in the Assessment Area m the manner Set forth in Article V hereof. SECTION 5.02. IMPOSITION OF MAINTENANCE ASSESSMENTS. The Maintenance Assessments ball be imposed against all real property located within d,e Ass--, Area for each Fiscal Year, other that, Public Use Pad , and shall be _ computed io accordance with this Article V. When imposed, the Mainlea,ance Assessment for each Fi—I Y— shall wns[iNte a lien upon the Tax Parcels looated in the Assessment Are,, pursuant to the Ordinance. SECTION5.03. COMPUTATION OF MAINTENANCE ASSESSMENTS. The annml Maintenance Assessmeu[sshall be wmputcd fr eacb Tax Parcel located In the Assess, M Area, other then Public Use Parcels, in the manner set forth in this Section 5.03. (A) ANNUAL MAINTENANCE COMPONENT The "Animal Mainten Cmnponent" shall be calculated for each Fiscal Ycar for each Tax Parcel by U) dividing (a) the Maintenanm Cast of fe Longwood Grovov Local hnprovemcnts by (b) the total number of Platted Lots located in the A—,,- Area, and (2) multiplying the result by the number of Platted Lots attributable to such Tax Pmecl. (E) MAINTENANCE ASSESSMENT COLLECTION COST COMPONENT. The "Malmenaace Assessment Collection Cost Component shall be comp-d each Fiscal Year Por each Tax Parcel by (I) dividing (a) the Maioteosnce Assessment Collection Cost by (6) the total number of Platted Lots located io the Assessment Area, and (2) multiplying dte result by the nwnber Platted Lots att hatable to each Tax Parcel. (C) MAINTENANCE ASSESSMENT STATUTORY DISCOUNT AMOUNT. TIN Maintenance Assessment Statutory Disc000t Amount" shall be competed for each Tax Pazcel as the amount allowed by law as the maximum discount for early payment of ad valorem taxes and noaad valorem assessmcnL,, such Savant to be calwlated by deducting (1) the sum of (a) the Annual Maintenance Component and (b) the Maintenance Assessment Collection Cosr Component, from (2) the amount computed by dividing (a) the suin of (i) the Annual Maintenance Component end (ii) the Maintenance Assessment Collection Cost Component, by (b)the factor of 0.96, (D) MAINTENANCE ASSESSMENT. The annual Maintenance Assessment for each Tax Parcel shall IN emnp,t,d as the sum of (1) the A —al Maintenance Component, (2) the Maintenance Assessment Collection Cost Component, and (3) the Maintenance Assessment Statutory Discrount Amount. SECTION 5.04. MAINTENANCE ASSESSMENT ROLL. The Assessment Coordinator is L—by directed to prepare a final estimate of the Maimenence Cost of the 23 L,,g,,,,d Groves L—1 h,ap---, end to prepare the p,,Ii,,,i,,y Maintenance Assessment hall i. the -- Provided is the Ordinance. Th,, Assessment Coordinator ,hall apportion the M¢intenance C- of the Lo,,g,,,,d Groves L ... I li,ap--- ­g the p=,I, of —] property within the Assessment Area as refeeted on the Tax R,11 i, conformity with this Article V. The estimate of Mal.'e.a- C- and the Maintenance Assessment Roll shall be —i-hied ae file . City Hall and open t, public The foregoing shall not be --d h, require that the Mai,t—ee A--- R,11 b, is printed f.— if fl,e —e- of the Mai,-- Mle..- f., each T- P-1 ..n be determined by use ofa —p-, terminal available to the public. ARTICLE VI GENERAL PROVISIONS SECTION 6.01. METHOD OF COLLECTION, The Assessment, shall be collected pursuant to the Uniform Assessment Collection Aat. SECTION 6.02. SEVERABILITY. [faoy clause, section or provision ofthi, Resolution shall be declared unconstitutional or invalid for any reason or cause, the —.ioiog portion of said Resolution shall be in full face and effect and be valid as if such i—lid porti—ho—f hod not been incotpotoo d herein. SECTION 6.03. CONFLICTS. All resolutions or ports thereof in conflict herewitb are hereby repealed to the extent ofs,cb conflict. ]Remainder ofpuge iot-ionally left blank] SLMON 6,04. EFFECHVE DATE, This Resolution sh¢II tnkc aff- DULY ADOP'CF,D this 151h do},fA,,gust, 2005. CITY OF LONGWOOD, FLORIDA JLG.'Et, tch'➢vndy, dr. Tnyot Srsal U, Mt , Gtv Cl c Appnlie1 xs to Conn end coi..un,.... i4cl S Teflot, ll., C h A«or,,) APPENDIX A FORM OF NOTICE TO BE PUBLISHED b— Augm 18, 2005 INSERT SMALL MAP OF ASSESSMENT AREA] NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SPECIAL ASSESSMENTS IN THE. LONG WOOD GROVES CAPITAL AND MAINTENANCE ASSESSMENT AREA Notice is hereby given that the City Commission of the City of Loog—d will conduct a public hewing [o consider cremion of the Longwood Groves Capital and Moiatenaaw Assessment Area, as shown above, nod imposition ofspccml assessments to food the c—erection and m costs of the Longwoodroves Glocal improvements, including laadsonp g, igatio lighting, signage, fencing and other related improvements within the Assessment Area. The hearing will be held m 7:00 P.M., or as soon thereafter as the matter can be heard, on September 7, 2005, at City Ball, 175 West W—c,, Avenue, Longwood, Floridq for the purpose of receiving public nevt on the proposed Longwood Groves Capital m[d Maintenance Assessment Area sad wheel- of the assessments on the ad valorem toy bill. All affected real property ers have a right to appear at the hearing and to file written objections with the City Clerk anytime prior to the pnblic bearing If a person decides to appeal any de im- made by the City Commission with respect to any matter considered a[ the hearing such person will need a record of the proceedings and may need to ensure that a verbatim mcord is made, including flte testimony and evidence upon which the appeal is to be ode. In aecordaaw with the Americans with Disabilities Act, persons needing at special doile, or w interpreter to participate in this proonta ceeding should .—Met the City'smoA Coordinator of 407/260-3481 et least 48 houre prior to the date of the hearing. The assessment for each parcel of real property will be based on the number of platted lots attributable to each parcel of real property within the proposed Longwood Groves Capital and Me otenanw Assessment Area. Amore specific description of the improvements and the medmtl of computing the asaesmnent for each parcel of real property ar et fenh io the Initial Assessment Resolution adopted by the City Commission on August 15, 2005, Copies cf the laitial Assessment Resolution and the preliminary Assessment Roll are available Ibr inspection a[ City Hall, located at 175 West Warren Avenue, Longwood, Florida. The assessments will be collected on the ad valorean tax bill commencing with the tax bill to be mailed in October or Novwaud tber 2005, ae toriud by Section 197.3632, Florida Sta ot- The capitol portion of the assessments will be colleted over a petted of 10 y— Fail— to pay the assessments will eaure a 1. certificate to be issued against the real property which mey result in a loss odds. If yw have any questions, please contact the City', Assessment Coordinator at 407/260-3475. CITY OF LONG WOOD, FLORIDA A-2 APPENDIX B FORM OF NOTICE TO BE MAILED CITY OF LONG WOOD 175 West Warren Avenge Longwood, Florida 32750 407/260-3440 ma [Propetty Owner Name] [Street Address] [City, State end zip] Re: Parcel Number [Insert Number] Longwood Groves Capital wd Maintenance Asses ,,1 Aren Dear Property Owner: The City of Longwood is consi&f,g creation of the Longwood Groves Capital and Maintenmtee Assessment Area to impose special as menu to lhnd the onstroctioo mod maintenance e of the Loogwood Groveea local improv ents, mnludiag landscaping, irrigntim, lighting, signag,, fencing m,d other related ervlces within the Assessmem Area. The assessment for each parcel of ,at property will be based on the number of platted lots attributable to each parcel of real property within the proposed Longwood Gmw, Capital nod Maintenance Assessment Area. A more speeifie description of the improve—ts and the method of computing the assessment for each parcel of real property =set forth in the Inital Assessment Resolution adopted by the City Commission on August 15. 2005. Copies of the Initial Assessment Resolution mod the preliminary Assessment Roll are available for inspection at City Hall, located at 175 West Warren Avenue, Longwood, Florida Infonnetion regarding the assessment for your specific real property is attached m this letter. The City intends to include annual assessments on your ad valorevn tax bill with the f ,t payment on the bill to be mailed m October or November 2005. The capital portion ofthe assessments will be collected over a period of 10 years. Failure to pay your menu Neill cause atm certificate to be Issued against the real property which may exult in a loss oftitle. The City Commission will hold a public hearing at 7:00 P.M., or 0o thereoftu as the matter cat, be heard, on September 7, 2005, at City 14,11 located at 175 west Waxen Avenue, Longwood, Florida, for the purpose of receiving commwts on the proposed Longwood Gmvcs Capitol wtd Maimenance Assessment Ares, including collection on the ad valorem tax bill. Yon are invited to attend and participate m the public hearing or to file -ittet, objections ,Rh the City Clerk anytime prior to the public hearing. If you decide to appeal any d,6,ioo made by the City Commission with respect to my matter considered at the heeriog, you will oeed a —ol of the proceedings and may need to on,, that a verbatim record is made, including the testimony end evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, if you need a special accommodmion or an interpreter to participate io this pmceediog, please contact the City', ADA Coordie-, at 407/260-3481 at bast 48 hours prior to the date of the hearing. Questions regarding your as menI mtd the process for MI -ion may be directed to the City, Asse,smeat Coordinator at 407/260-3475. CITY OF LONGWOOD, FLORIDA * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE" " " " Longwood Groves Capital and Maintenance Assessment Area [Property Owcer Nwno] Parcel Number [Insert Number] Number of Platted Lots [Insut Amount] Amount to make lLll paymen[ of,,pital potion [Insert Amount] Number of capital payments 10 Anaval Capital Amounl(if- prepaid) [I —A Amount] Annual Maintenance A-- [IDsert Amount] Total Annual Amoant(if not prepaid) [Insert Amomn] " ' * SEND NO MONEY NOW. THIS IS NOT AN INVOICE' APPENDIX C DESCRIPTION OF PARCELS IN THE LONG WOOD GROVES CAPITAL AND MAINTENANCE ASSESSMENT AREA APPENDIX C DRAFT#U 8/09/05 CITY OF LONG WOOD, FLORIDA INITIAL ASSESSMENT RESOLUTION FOR THE MARKHAM HILLS CAPITAL AND MAINTENANCE ASSESSMENT AREA ADOPTED AUGUST 15, 2005 TABLE OF CONTENTS PAGE ART ICIT. I DEFINITIONS AND CONSTRUCTION SECTION L01. DEFINITIONS....... .................. I SECTION 1.02. INTERPRETATION...._ ...................__....._.. 7 SECTION 1.03. FINDINGS.....................................................................................7 ARTICLE II NOTICE AND PUBLIC HEARING SECTION 2.01. PUBLIC HEARING ........... ........_........... .__.........._..._.............. 10 SECTION2.02. NOTICE BY PUBLICATION. .......... - --- 10 SECTION2.03. NOTICEBYMAIL..................._...................._..,.......................10 ARTICLE III DESCRIPTION OF PROPOSED ASSESSMENTS ARTICLE IV CAPITAL ASSESSMENTS SECTION 4.0L ESTIMATED CAPITAL COST ......_._................................. ...... 12 SECTION 4.01 IMPOSITION OF CAPITAL ASSESSMENTS .........................2 S. 7 ECTION 4.03. PREPAYMENT AMOUNTS.........._.....____ .................____.... 12 SECTION 4.04. COMPUTATION OF ANNUAL CAPITAL ASSESSMENTS.. 13 SECTION 4.05. INITIAL PREPAYMENT OPTION ....................... .......... 15 SECTION 4.06, ADDITIONAL PREPAYMEN'C OPTION .................... ..._._..... 16 SECTION 4.07. MANDATORY PREPAYMENT... ................... --- ......... ......... 16 SECTION 4.08, REALLOCATION UPON FUTURE SUBDIVISION .......... .... _ 18 SECTION 4.09. CAPITAL ASSESSMENT ROLE ..._......._........__.......... ........ .. 20 ARTICLE V MAINTENANCE ASSESSMENTS SECTION 5.01, ESTIMATED MAINTENANCE COST .....22 SECTION 5.02. IMPOSITION OF MAINTENANCE ASSESSMENTS..__.._...22 SECTION 5.03. COMPUTADONOF MAINTENANCE ASSESSMENT'S _.._.22 SECTION 5.04, MAINTENANCE ASSESSMENT ROTI................_,.._........,. 23 ARTICLE VI GENERAL PROVISIONS SECTION6.01. METHOD OF COLLECTION ............... _........._........_.......-. 25 SECTION6.02. SEVERABILITY._..............__.._..._..._..._......._...._.............._.. 25 RECTION6.03. CONFLICTS... .................. . ............ 25 SECTION 6.04. EFFECTIVE DATE.. ____...._.. ._.__ ._.. ._26 APPENDIXA- FORM OF NOTICE TO BE PUBLISHED APPENDIX B- FORM OF NOTICE TO BE MAILED APPENDIX C- DESCRIPTION OF PARCELS IN THE MARKHAM HILLS CAPITAL AND MAINTENANCE ASSESSMENT AREA