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Resolution 05-1120RESOLUTION NO.05-1120 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, RELATING TO THE CONSTRUCTION AND FUNDING OF WASTEWATER COLLECTION FACILITIES; DESCRIBING THE REAL PROPERTY TO BE LOCATED WITHIN THE PROPOSED ASSESSMENT AREA; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE^. WASTEWATER COLLECTION FACILITIES; ESTABLISHING THE METHOD OF ASSESSING THE COSTS OF THE WASTEWATER COLLECTION FACILITIES 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 THE PROPOSED ASSESSMENTS AND THE METHOD OF THEIR COLLECTION; DIRECTING THE PROVISION OF NOTICE IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS: ARTICLEI DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS. As used in this Res Mion, the following terms shnll have the following meanings, unless the context hereo6o11—iscrequires. "Adjusted Prepayment Amovn t" -- the amount required to prepay the Assessment for cacti I Parcel located in die Assessment Area as computed pursuant Section 3.03(B) heceof'nnd revised annually pursuant to Section 3A4(E) hereof. �. "Annual Debt Service Component" means the amount computed for each Tax Parcel pursuanC m Section 3.04(A) hueof. "Assessment" means an annual special asaeaement imposed against ,at property located within the Assessment Area to fund the Project Cost of Wastewater Collection Facilities to serve the Assessment Area and related expenses, computed in the manner d—ibed in Serlion 3.04 hueof. "Assessment Area" means Ibe proposed 2005 Wanewater Assessmem Area described in Section 3.01 hereof. "Assessment Coordinator" means the person designated by the City Commission to be responsible for coordinating Assessments, or such p-&,, designee, "Assessmmrt Roll" means a non-,d valorem assessment roll relating to the Project Cost of the Waslowater Cohesion Fnoi l ities and relined expenses. "City" means the City of Longwood, a municipal—pomtion duly organised end validly existing under the laws of the State of Florida. "City Ai--y" means the Ci y's Attomey, or such person', des igoee. "City Commission" means the City Conunis,ion of the City. "City Investment R,W' means tho Ci y's average htve ml rate based on monthly amlaments received Far its investments for the month or month, for which the investment mte is being calculated. "Collection Cost" means the estimated cost to be incurred by the City during any Fiscal Year in oonneaim with the colfcoi—of Assessment,. "Collutlon Cost Component" means the amount computed for each Tax Parcel pursuant to Section 3.04(B) hereof. 'Tinnl Assessment Resolution" meens the resolution described in Section 107 of the Ordinance that imposes Assessments within the Assessment Area. "Focal Year" means the period commencing no October I of each year and continuing through the next saoceedmg September 30, or such other period ,may be prescribed by law as the fisoal year for the City. "Initial Prepayment Amount" means the amount required for eacb Tax Parcel ar set fifth m Appendix C anached hereto, to prepay the Assessment in full. "Instit,aional Property" meoos Tax Parcels that have a Department of Revenue Code of"70" through "79" as of the efCectiv¢ date of this Resolution. "Local Improvement" means a capital improvement constructed or installed by the City for the special benefit of a neighborhood or other local area, fox which special asscvsments arc imposed pursuant to the Ordinance. "Ordinance" means Ordinance M. 01-1 S74 enacted by the City Commission on June 4, 2001, as amended and supplemented by Ordinance M. 04-1701 enacted by the City Commission on July 19,2004. "Parcel of Record" means en u,pl,tt,d parcel of record or a subdivided Planed La in existence on the effective date fthis Rcrolution. "Platted Lot" means a bailding lot described on a map or plat recorded in the Seminole County Official Records on or prior to the effective date fthis Resolution. "Project Cost" means (A) the Wastewater D—lopmeot Assistance Fee (which represents the portion of the cost of constmetiog the Wastewater Co11e Lion Facilities for which the City now it, reimbursemcsty, (6) the Wastewater Capacity Charge previously paid by the City to Seminole County, (C) the Wastewaer C--ion Fee, and (D) the cost incumed by the City to impose the Assessments. "Property Appraiser" means the Seminole County Property Appraiser, "Statutory Discount Amount" menus the amount computed for e.eh Tax Parcel pursoenl to Seetioa 3.04(C) hereof. "Tax Parcel" means a prcel of real property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" means the real property nd valorem tax assessment roll maintained by the Prperty Appraiser for the purpose of the levy and collection of ad valorem taxes_ "Uniform Assessment Colleetion Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor stumtes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and avy applicable retotheioos promulgated thereunder. "Wastewater Capacity Charge" ..cans the wastewater nentment capacity Capital ehazge that has been paid by the City to Seminole County for each Tax Parcel in the Assessment Area "Wastm,t,, Collection Facilities" m,,m the wastewater ellection facilities required for the City to provide wastewater collection service to the real property located in the Assessment Area "Wastewater Connection Fee" tr— the cost related to the Wastewater Collection Facilities, i,m,,d by the City for materiels and labor to connect (A) o lateral line 10 each property line, and (B) the reel property ownees building to the lateral into, if applicable. "Wastewater Development Assistance Fee" means the fee established by the City in the City', Wastewater Policy Ordinance when the Wastewater Collection Faeilities were constructed as the portion of the cost of r.ord cling the wastewater eolleetiou facilities to be paid by customers of the City. "Wastewater Policy Ordinance" means Chapter23, Poblio Utilities of the City', Code, as amended and s.pphn,eh ed by City Ordinance Nos. 01-1563 and 01-1593. SECTION 1.02. INTERPRETATION. Unie.,s the context indicates othervise, words importing the singular number include the plural number, and vice versa the terms "hereof" "hereby;' "herein," "hereto," "hereunder" and similar term, refer to thi, Resolntion; and One term "hereafter" means after, and the term "he —fore" means before, the effective date of this Resolution. Words of any gender inelude the correlative words of the other gender, unless the sense indicates otherwise. SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined and declared that (A) Pureuant to Article VIII, Section 2(b) of the Florida Contitution, and Seotians 166.021 and 166.041, Florida Statutes, the City Commission has all power, of local self-govemme.t to perform municipal functions and to render municipal services exoept when prohibited by law and such power may be exercised by the eaachnent of Iegitatioa in the form of City oIlm.— (B) The City Commission may exetase any govemmental, corporate, or proprietary power to, .municipal purpose except when expre,sly prohibited by law, and the City Commission may legislate on any subject matter on ,hid, the Legislature may — act, except those s,bj— desoribud in (a), (b), (c), aad (d) of Section 166.021(3), Florida Statutes. The subject matter of prugraphs (a), (b), (c), and (d) of Section 166.021(3), Florida Statntes, is not relevant to intpositioa of assessments related to Locnl Improvement, within the City. (C) Ths City Commission has enacted the Ordinance to provide for the creation of Assessment Areas and authorize the imposition of Assessments to fund the construction of Local Improvements to same the real property located therein The Wastewater Wiwi- Facilities constitute a Local Improvement, as defined is the Ordinance. (D) over the past y,,, the City has fi—eed and e-stmeted the wastewater Caked- Facilities to se— —1 properly located in the Assessment Area with the requirement of reimbursement from the —1 property ...... (E) The Pojeet Cost to be assessed against each Tax Pootel i, the Assessment Area includes the Wastewater D,1,1,p.,al At,ispaeo Fee payable by s,eh Tax P-1 ,he, the Wose—le, Wleefi- Facilities were constructed. (F) Up- e—traction of the Wma-me, Collet ion Facilities, the City paid Wastewater Capacity Charges to S,,i,,], County for all Toes Parcels ,bbi, the Assessmem Area with the requirement of reimbursement from the reel property owner. (G) The P,,jul Cast to be assessed against each Tax PI i. the Assessment Area mehhh,s the Wastewater Capacity Charge paid by the City in respect of such Tto, P-1 when the Wastewater Collection Facilities wrre constructed (H) When the 00, began to provide wastewater service to T,,, Poo,e], withia the Ae,.,..t Area, pay.,., of the Wastewater Connection Charge was deferred with ,he oolowee,ee, of reimbursement from the —1 property —eo, (1) The Project Cost to be assessed against each Tte, Psaod is the Assessment Area includes the W,,Wvm,, Connection Chgo, if applicable to such Tax Parcel. (J) The Pr j- Cost to be assessed against T. P.—Is withil, the As—,asat Area do,, not itielad, interest horn the date such amounts were paid or defend by the City, Interest that i,,,y have accrued daring such period will be absorbed by the City. (K) 1, order to red..e the fill"i'l hal the A,,,,,,,t ,ill have or the real property —s io the Assessment Area, the City has decided 1, provide a ir)-y- i,tm,l 1— to the ota] property owners for their share ofthe Project Cost for all pared, other that, Oaose constituting "Natimi ... I Property!' Except for institutional Property p,,,],, interest will be charged each year, based o, the City I—Coost Rare The City has decided that the maximum i,be—I rate that will be charged is eight p,,,,,t (M.) per Year. (L) Institutional Property parcels provide facilities to their owners, occupants, ,,,be, and the general public that olho,,,is, might be requested or required to be provided by the City. Aeoordimgly.those properties serves legitimate public purpose and provide a public be.efit. 1. recognition of the public benefit provided, it is ffii, bad otearatable to reduce the bootht, ofthe Aseeeement for there parcels by providing . longer ,,p,y,a,t period of fifteen, (15) years as well a, reducing the interest o- t, zero p,oroor (0%) Per year. (M) I—rds—fittho-odueethsti .... i,l impact the Assessment will have on the —I property owners to the Assessment Area, the City will Nod all Cdarore, Cost, and the Shbrhay Dismount t Ara.- related to collecting the Assessments , the tax bill. (N) Fhe availability and provision of --ar service by the City provides , special benefit fit to T,, Parcels located Q him the Assessment A,— (0) The Clot Commission hereby finds and de-o,ires that the A—tre- w be imposed its et.rd.,,a with this MWA.n provide ao sq,tiloW method of funding the Wastewater Collection Facilities by fairly and reasonably allocating the Project Coat to those real pmpeaies that derive a special benefit. ARTICLE II NOTICE AND PUBLIC HEARING SECTION 2.01. PROJECT COST AND DESCRIPTION. The Project Cost of the Wastewater Collemlo. Facilities, $197,633, has bee. funded by the City with the uoderstandmg that the City would be reimbursed fib, such costs fiom proceeds derived Bum the imposition of Assessments against the real property loeatod i. the Assessment Area in the maa.er set forth in Article III 11—If The Wastewater C.Ilectio. Facilities consist of . series of wastervtau line —.-ions constructed within the City corporate limits including, but not limited to, the following projects: E. SR434, S. 17-93, mtd G—i SECTION 2.02. ASSESSMENT ROLL. The Assessment Coordinator is Hereby directed to prep— a final es i W, of the Pr jam Cost of the Wastewater C.11-ion Facilities and to prepare the preliminary Assessment Roll io the manner provided in the Ordi... — The estimate of Project Cost and the Assessment Roll shall be meinmincd o. file w City 11,11 and upon to public inspection. The foregoing shall not Its constmed W require that the Assessment Roll be in printed form if the --to of the Assessment for eaeh Tax P.... I c,, be determined by use of n computer termiml available Io the public. SECTION 2.03. PUBLIC HEARING. A public hearing will be conducted by the City Commission of 7 00 P.M.. or as soon iherea0er as the matter can be hemd, on t0 September 7, 2005, of City Hull located nt 175 West Warren Avenue, Longwood, Florida, to consider (A) creation of the Assessment Area, (B) imposition of the Assessments, and (C) collection ofthe Assessments pursuant m the Uniform Assessment Collection Act. SECTION 104. NOTICE BY PUBLICATION. Upon complation of the materials required by Section 2.02 hereof, the Assessment Coordinntor shall publish a notice of the public hewing authorized by Section 2.03 hereof in the mnso— end the time provided in Section 2.05 fthe Ordinance. Saoh notice shall be in subsomtially 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 Assessment Coordinator shall, at the time and in the manner specified Section 2.06 fthe Ordinance, provide f tcless mailed notice ofthe public hearing authorized by Swtien 2.03 hereof to each teal property owner proposed to be assessed m the address indicated on Ilse Taz Roll. Such notice shall be in substantially the form attached hereto as Appendix B. ARTICLE III ASSESSMENTS SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREA. The Ciry Commission proposes to create the 2005 Wastewater Assessment Area including those parcels described in Appendix C attached hereto. The Assessment A— i, proposed for the purpose of improving the use and enjoyment of real pmperty by Ibnding the construction of Wastewater C,11e - Facilities. SECTION 3.02. IMPOSITION OF ASSESSMENTS. Assessments shall be imposed against real property locotcd within the Assessment Area for a period of (A) fifteen (15) years, with respect to Institutional Property, and (B) ran (10) years, with respeot to all other parcels. T'he first anneal Assessmem will be included on the ad valorem tax bill to be mailed in October or Novembec 2005. When imposed, the Asae -- for —h Fiscal Year shall constitute a lien upon the Tax Parcels located in the Assessment Area, pursuant to the Ordinance. SECTION 3.03. PREPAYMENT AMOUNTS. (A) The Initial Prepayment Amoum for oach Tax Parcel located within the Assessmem Area shall be shall be the amount set fotth in Appendix C attached hereto. (B) Following the initial prepayment period described in Section 3,05 hereof, the Adjusted Prepayment Amonm shall be set equal to the Initial Prepayment Amount for each Tax Parcel. other than those Tax Parcels as to which the Assessment has been prepaid. The Adjusted Prepayment Amount to, each To, P-1 sb,II b, revised —Ily, , provided i, Siohib, 3,04(E) hereof. SECTION 3.04. COMPUTATION OF ANNUAL ASSESSMENTS. The —al Assessment shall be computed For each Tax Parcel i, the roamer set fab in this Sod- 3.04. (A) ANNUAL DEBT SERVICE COMPONENT. The 'A —al Debt Service Cmp,,,,,I" shall b, nl,,Im,d for each Fiscal Y— in which the Initial Prepayment A,,,,t (,, Adjusted P,,p,y,,,,,t A--, ifappfi,,b1,) ofth, Tax P—I i, --ding as follows: (1) To, all T. P-1, .,be, than Institutional P,op-y: (,) Th, Assessment Coordinator shall f- calculate as annual ib-- rate computed . the I.— of (J) the Oily I--, R-, o, (d) interest "N oq.id to eight p-- (8%) per year. The Assessmem C,,,di,,I,, shall ... I calwlate the amount of Ihm6pol d,, for the Tax P—I by dividing (i) the Tax P—P, Initial Prepay - All- (11 Adj,-d P1,ply—I A111111t, ifapplicable), by (u) the -hhbe, of—iimmg y,,— the A.--,l is payable, which shall iiiiii.fly be for . period ofb,n (10) y­. (c) The Assessment C .. di -I., shall then dih-om, the interest payable by —Itiplyffig C) the annnal interest — computed i, (1)(,) ab... IF by (if) the Initial Prepayment Amount (or Adiusted Prepayment Amount, if applicable). (d) The Annual Debt Service Component is then calculated as the cam of the amount determined in ()(b) and ()(e) above. (2) Tor I-itntional Property, the Annual Debt S—ic, Component shall be calculated for the Tuc P—I by dividing (a) the Tax P—Pe Initial Prepayment Amount her Adjusted Prepayment Amount, if applicable), by (b) Ote camber of remaining years the Assessment is payable, which shall initially be for a period of fifteen (15) years. (B) COLLECTION COST COMPONENT. In accordance with the City Commission's finding in Section L03(M) hu'eof, the City is paying for the Collection w Cost related to the Assessments. Accordingly, the "Collection Cost Component" shall be $0 each fiscal Year for each T. Parcel. (C) STATUTORY DISCOUNT AMOUNT. The "Statutory Discount Amount" is the amount allowed by law as the maximum discount for early payments ofad valorem taxes and non -ad valorem assessments placed on the tot bill. In accordance with the City Commission's Ending in Section I.03(M) hereof; the City is paying for the Stannory Discount Amount related to the Assessments. Accordingly, the "Statutory Discount Amon,," shall be $0 each Fiscal Year for each Tax Paroel. (D) ASSESSMENT. The annual Assessment for each Taz Parcel shell be computed as the sum of (l) the Animal Debt Service Component, (2) the Collection Cost Compen— end (3) the Statutory Discount Amown. 1© (E) REVISION OF ADJUSTED PREPAYMENT AMOUNT. Upon cedification of the Assessment Roll fill each Fiscal Year, the Adjusted Prepayment Amount for each Tax Parcel shall be recomputed by deducting (1) the principal compon..11 of the Annual Debt Service Component determined io Section 3A4(A) above and included on the Assessment Roll for the Tax Parcel, from (2) the Adjusted Prepayment Amount utilized to compute the annual Assessment a laded on the Assessment Roll for such Tax Parcel. SECTION 3.05. INITIAL PREPAYMENT OPTION. Following adoption If the Fiaa1 Assessment Resolalion, the Assessment Coordinatof shall provide first class mailed notice to the —no, of eacb Tax Parcel subject to the Assessment of be owner's option to prepay all tbmre annual Assessments. On or prior to September 30, 2005, the owner of each Tax Parcel subject to the Assessment ,sba11 be entitled to prepay all future annual Assessments, upon payment of the Initial Prepayment Atnovot. The amount of all prepayments made pursuant to Otis Section 3.05 shall be final. SECTION3.06. ADDITIONAL PREPAYMENT OPTION. (A) Following the date sp,eiihd in menotice provided pursuant to Section 3.05 hereof, or such later date os the City Camnission .nay allow in its sole discretion, the owner of each Tax Parcel subject to O.e Aasessmenta shall be entitled to prepay all future unpaid annunl Assessments upon payment of as amount equal to the sum of (1) the Adjusted Prepayment Amount for saeh Tax Parcel, and (2) intetcst on the Adjusted Prepayment Amount, from the date of the a— recent ad valor.... tax bill, ,,puted at 15 �. the City Investment Rate. The amount of all Prepayments made pmsnanl to this Section 3.06(A) shall be final. (B) During any period commencing on the date the annual Assessment Roll is certified for 10111aion pursuant to the Umbetat Aase—h Collection Act and ending on The next data on which unpaid ad valorem taxes become delinquent, the City may reduce the amount required to prepay the future unpaid annual Assessments for the Tax Parcel by the amount of the Assessment that has been certified for collection with respect to such Tax Pareel. SECTION3.07. MANDATORY PREPAYMENT. (A) The owner of a "Cax Parcel subject to the Assessment shall immediately _ prepay all more unpaid annual Assessments for such Tax Parcel if (1) the Tax Parcel is acquired by a public entity through condemnation, negotiated sale or otherwise, or (2) a lax oertificale has been issued and remains o,t,tmdi,g in respect of the Tax Parcel and the City, at its We option, el-, to aeoelerate he, Assessment. (B) It,, amount required to prepay the (hmre unpaid annual Aaseasmenta will be equal to the Adjusted Prepayment Amount for x-h Tax Parcel, The amount of all prepayments made pursuant w this Section 3.07 shall be final. (C) Oaring any period commencing on the data the annual --man Roll is certified for collection pursuant to the Uniform Assessment Collection Act and ending on dre next date on wnicb unpaid ad valorem taxes become delinquent, the City may reduce the amowrt required to prepay the future unpaid anneal Assessments for the Tax Parcel 16 by the amount of the Assessment that has been certified for collection with respect to such Tax Parcel. SECTION 3.08. REALLOCATION UPON FUTURE SUBDIVISION. (A) Upon subdivision of my Tax Parcel located within the Assessment Area that is subject to the Assessmenl, and compliance with the coadifl-, set forth below, the Adjusted Prepayment Amount for such Tox Parcel shall be reallocated among the subdivided parcels. (B) In ,it,, to have the Adjusted Prepayment Amoum for such Tax Parcel reaMeshed in connection with any such subdivision, the mvner shall be required to apply to the City and comply with end, of the fllowirg conditions: (I) a recorded plat, approved sit, play or comparable document ,at be provided to the City s.Bieieo, in detail 10 describe adequately the location of the Tax Parcel and the individual parcels is he proposed subdivision; (2) the Property Appraiser mast have assigned distinct ad vdotem property tax identifeation numbers to each individual subdivided parcel or committed in writing to assign such numbers prior to the next ensuing August I or my later date approved by fie City that will not prevent timely eertifemim of the Assessment Roll in n ee,danae with the Uniform Assessment Collection Act; (3) at the expense of the real property owner, as appraisal must be provided by a "certified ge—al appraiser," as defined in Section 475.611(g), Florida Statutes, approved by the City, which indicates the fi, marker value ofthe lit Tax P—) prior m the subdivision and th, fair market -1,e of each imfi,bl,ml subdivided parcel; m determining the ffii, market value of the i,di,id,,,l ,,mdMd,d P-11, the appraiser may mks into mt,tid—lm, any mi—m—, improvements that are then under w,,Im,ti,, if imm, sufficient for their wmpletion are secured to the satisfaction of the City Anomey; (4) , pmp—d 11111—tiln of the Adjusted l"Ply"m Amount 1, each imIM&M pace] .—I be provided m the City; provided h—­ that m pmti.. ,fffie Adjusted Prepayment Amount may b, reallocated I, —I p,,p,") proposed f., dt,ditmi,m 1m the pm,k o, to -- .se of the subdivided p.—it; (5) the fair ­k,,I value of each s,,p.- parcel after the sbbdwiti,m must b, at 1—t five times the Adjusted P,,p,y—t A,,,,.t —11.—d thereto; .d (6) the —I p,,p,ny owner shed] my an assessment reallocation fee it, the City for each imli,id,,1 parcel resulting f... the subdivision, m an amount to b, established by resolution of the City Commission. (C) If the -- of any I' Parcel subject to the A--m subdivides such T. 11-1 and Nk t. —ply with th,, f—imiq conditions, the City AMI reallocate the Adjusted P,,pq—,t Amount among the ,bdi,id,d p bi, based pm, the I-d value, ,,ith— ,,,,,,d t, each subdivided pa,,] by the Property Appraiser. At it, sole option, the City may obtain an appraisal oflhe subdivided p-1, w any time and —11.— the Adj—d P.py—m A.— based upon the mmi value, without IV improvements, reflected in the appraisal. If an appraisal is obt,iaed, the cost of the appraisal will be allocated among the subdivided parcels on the b,is of the value reflected therein cod added to the Adjusted Prepayment Amouol of the Assessment for each s,bdi,id,d parcel in the Pilew Year following receipt of the appraisal. It is hereby found and determined that the fregoiog method of real locatiog the Adjusted Prepayment Amount among subdivided p—el., is fair and reasonable, taking into consideration the oppertantty for reallocation available b, the .—w eod the requirement to provide adequate security to, the Obligations. (D) Notwithstanding the foregoing, if a Tax Parcel includes more then one Platted Lot and oo Parcels of Record, the Assessment imposed against such Tax Parcel may be realkocated among the Platted Lets upon (1) application of the owner, end (2) assignment of a distinct ad valorem property tax identification number to each Platted Let er any combination of Platted Lots by the Property Appraiser. ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION. The Asseesments shall be collated pursuant to the Uniform Assessment Collection Act. SECTION 4.02. SEVERABILITY. If any 6ause,-0or provision ofthN Resolution shall be dalared mreonstltutional or invalid for any reason or cause, the remammg portion of said Resolution shall be in full foroe and ef- and be valid as if .such invalid portion [hereof had not been incorporated herein. (Remainder of page i a,-tionally left blank] SECTION 4.03. EFFECTIVE DATE. This Resolution shall take ef7 ct unmediately upon its adoption. DULY ADOPTED this 15th day of MpsS 2005. CITY OF LONG WOOD, FLORIDA N.G. "Botch" 13-dy, Ir., May r ATTEST. _ Sazah M. Mijares, City Cler c—_ Approved as to fmm and eorrectnen: j Richard S. Taylor, lc, City Attmpaq— APPENDIX A FORM OF NOTICE TO BE PUBLISHED before August l8, 2005 [INSERT SMALL MAP OF ASSESSMENT AREA[ NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SPECIAL. ASSESSMENTS IN THE 2005 WASTEWATER ASSESSMENT AREA Notice is hereby given that the City Commission of he City of Longwood will conduct a public hearing to consider creation of the 2005 Wastewater Assessment Area, as shown above, and imposition of special assessmens to reimburse the City for costs relined to the construction of wastewater collection facilities, eonneetion thereto and related wastewater capacity charges. The hearing will be held at 7:00 P.M., or as soon thuea0,, as the matter can be heard, on September 7, 2005, at City Hall, 175 West Warren Avenue, Longwood, Florida, for the purpose of renewing public cottanea, on the proposed 2005 Wastewater Assesemwh Area and assessments. All affected real property err have a right m appear at the hoaring and to file written objections widr the City Clerk arrytime prior to the public hearing. If. person decides to appeal any decision made by the City Commission with respect to any matter—m,blered at the hearing, such person will need a record of the proceedings and may need to ensuro that a verbatim cord is made, induding the testitoeq and evidence upon which the appeal is to be made. Iv accordance with the American, with Diaabilities Act, persons needing a special modation or ao interpreter to participate in this proceeding should content the City', ADA Coordinator at 407/260-3481 at least 48 hours prior to the date of the hearing. The assessment for each parcel of real property will be based upon the City's rates, fees and costs when the wastewater collection facilities were conabotted es the ponioo of the cost ofe-ah,oeliog the wastewater collection facilities to be paid by customers of1he City. A mom epuifi, description of the improvements xnd the method ofelp"Img the meat for each parcel of real ptnperty ar set tbbb in the Initial Assessment Resolution adopted by the City Commission on August 15, 2005. Copies of the Initial Assessment 12esolation end the preliminary Assessment Roll ere available for inspection at City Hall, located at 175 West Warren A-ohe, Longwood, Florida. The aeeessmants will be collected on the ad valorem tax bill, as authorized by Section 111,1632, Florida SmLLnes. Failure to pay rho assessments will cause a tax ertiticate to be issued against the real property which may result in a loss oftitle. the City Commission intends to collect the assessments in fifteen (15) annual installments for institutional property, mod ten (10) installments for all other real property, in each case the first of which will be included on the ad valorem tax bill to be mailed is October or November 2005. If you have at,y goestions, please contort the City`s Aesesemuit Coordinator m 407/260-3475. CITY OF LONGWOOD, FLORIDA A-2 APPENDIX B FORM OF NOTICE TO BE MAILED CITY OF LONGWOOD 175 West Warren Avenue Longwood, Florida 32750 407/260-3440 Rm [Property Owner Name) [S—t Address] ;City, smte and zip) Re: Pmcel Number[]nsert Number) 2005 Wastewater Assessment Area Dear Property Otmer: As you wue previously notified in our letter of _ 2005, the City of Longwood is eonsidering e—li- of the 2005 Wastewater Asse -- Area to impose special le menu to reimburse the City for eo relaon ted to the estruelion of wastewater �colleetlon facilities, connection I I, and financing of related wastewater capacity chwges. The assessment for each parcel of real property will be based apou the City's rates, fees and costs when the wastewater collection facilities were Bell—elld as the portion of the "It of eonstrucbng the wastewater eolleetion f leilitiea to be paid by eestomera of the City. A more specific description of the improvements end the method of wmputing the assessment for each parcel of real property are set Cori` in the Initial Assessment Rcaolution adopted by the City Commission on Angus( I5, 2005. Copies of the Initial Assess.", R—hem and the preliminary Assessmeut Roll are available for inspection et Ciry Nall, IocareA at 175 Well WHtran Avenue, Lougwood, Florida. Information regarding the assessment far your epeeifie rest property is attached to this lever. T`e City intends to intevtally finance this and other"sees—m pmjec(a This will permit the cost attributable to yonr real property to be amortized over a period of ten [fifteen" (10[15]) years. Please de not send payment now. If Iha a9 nears are imposed, you will receive a sepxrate notice of the date and place Cnr pnymmrt. In order to reduce the financial impact the assessment will have on [institutional property, the City will not charge interest on the amount outstanding] the real property orr ners m the 2005 Wastewater Assessment Are,,, the City has decided to charge (.areal, omp... ded anmuelly at the lesser of the (1) the City" average investment rate for he previous 12 months, or (2) 8 % per ammum In order to further reduce the fnanciel impact of the assessment, the City will fond all administrative end collection cows related to placing the assessments ou the tax bill from other City revenue sources. The City intends to include mural assessments on your ad valorem tax bill with the first payment on the bill to be mailed in October or November 2005. Failure to pay your assessments will cause a tax cetiflcate m be issued against the real property which may result in a loss of title. The City Commission will hold o public hearing .t 7:00 P.M., or as soon thereafter ae the matter can be heard, ou September 7, 2005, at City Hall located at 175 West Warren Aveoue, Longwood, Florida, for the purpose of receiving .omments em the proposett 2005 Wastewater Assessment Area and the a—rueuts, including collection ou the ed valorwu [as bill. You are belted to .tend and participate iu the public hearing or to file written objections with the City Clerk anytime prior to the public hearing. If you decide to appeal any decision made by the City Commission with respect b any matter considered at the he.ing, you will need a record of the proceedings and may need t........ that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. I. ..... dam ,itb the Americans with Disabilities Act, if you Deed a special a o,,odation or an interpreter to participale is this proceedin& please coarsen the City', ADA Coordinator at 407/260-3481 at least 48 hours prior w the date of the hearing. s Questions regarding you and the pro. s for collection may be directed to the City's AssessnrentrCmudinator at 407/260-3475. CITY OF LONGWOOD, FLORIDA ^ " * " " SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * . 2005 WASTEWATER ASSESSMENT AREA [Property Owner Name] Parcel Number [Insert Number] laitial Prepayment amount (Tpayment made prior to September M, 2005)* [Insert Al--) Number of annual payments: 10[151 Maximum a,mual payment*": [Insert Amount] * After September 30. 2005, in rest will be charged on the outstanding balance et the lesser of the City', average investment rate, or 8%per ammm. "* This represcnte interest calculated nt the mazhnum mte of 8 o per annum. The actual ,merest mte charged will be the lesser ofthia rate or the City', averaga Imeatment rate. " * " " * SEND NO MONEY NOW. THIS IS NOT AN INVOICE ` - APPENDIX C DESCRIPTION OP PARCELS IN THE 2005 WASTEWATER. ASSESSMENT AREA AND APPLICABLE INITIAL PREPAYMENT AMOUNTS APPENDIX C DRAFT 41: 8/09/05 CITY OF LONGWOOD, FLORIDA INITIAL ASSESSMENT RESOLUTION FOR THE GOLDEN GROVE MAINTENANCE ASSESSMENT AREA ADOPTED AUGUST 15, 2005 TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1,01. DEFINITIONS ................ .......___.......__.................. ............. .......I SECTION I.02. INTERPRETATION ........... _.......,......5 SECTION 1.03. FINDINGS .......... ............... ARTICLE II NOTICE AND PUBLIC HEARING SECTION 2.01. ESTIMATED MAINTENANCE COST...._........_...................._8 SECTION 2.02. ASSESSMENT ROLL ........................ .................................. _......8 SECTION 2.03. PUBLIC HEARING ............................ _......_....._....---- ............. 8 SECTION 2.04. NOTICE BY PUBLICATION.. .......... ............. - ................ 9 SECTION 2.05. NOTICE BY MAIL....._...................._..............___...__....._.......9 ARTICLE. III MAINTENANCE ASSESSMENTS SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENTSAREA ....__. 10 SECTION 3.02. IMPOSITION OF MAINTENANCE, ASSESSMENTS....._..__ 10 SECTION 3.03. COMPUTATION OF MAINTENANCEASSESSMENTS.___ 0 ARTICLE IV GENERAL PROVISIONS SECTION 1.0I, ME7liOD OF COLLECTION... .................._... _. _._... ....... 12 SEC"TION4.02. SEVERABILITY _.. _.... __......... __._....... 12 SECTION L03. CONFLICTS... ...........__..............,...................... ........................ 12 SECTION 4.04. EFFECTIVE DATE ....................................... .___. 13 APPENDIX A - FORM OF NOTICE TO BE PUBLISIiED APPENDIX B- FORM OF NOTICE TO BE MAILED APPENDIX C- DESCRIPTION OF PARCELS IN THE GOI.NEN GROVE MAINTENANCE ASSESSMEN"i-AREA