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Resolution 04-1097RESOLUTION NO. 04-1097 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 CA TILTS 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' ARTICLE DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS. As used in this Resolution, the fcllaving terms shall h—the following meanings, unless the context hereofotherwiserequires. "Adjusted Prup,"—( Unount" means the amount required to prcpoy the Assessment for each Tax Pomcl located in the Assessment All es computed pmsunnt Section 3.03(B) hereof and revised annually pursuant to Section 3.041E) hercoE IA—W Debt Service Component" means the =,,,at computed for each T,, PnroeI pansman w Section 3.04(A) hereof. "Assessment" moans an namml special assessment imposed ag,i,m —1 pmpeny located witbm the Assessment Anet in famf it,, Project Cast of W-1— C11h,elien Imeilifi, to — the Ass —mend A— and related expenses, computed in the mat.... described in Section 3.04 heneof. "Assessment Ana," means the p,,p,,,d 2004 Wastewater Assessment Area described in Seefl- 3.01 hereof. Codrdi--" means the person designated by the City Commission . be responsible for coordinating Assessments, ., such p—.,,'a designee. "Assessment R.11" means . a.—d valorem assessment .11 relating m the Project Cast of the W--, Collection Neilifies and related expenses. "City the City of Longwood, , mmdilad corporation duly etgam,,d and validly existing under the laws of the State of Florida. "City Attorney" means the City, Attorney, or such puemis designee. "Citymeans the City Commission of the City, "City 1—tastat Rate" me... the City', average in—nnstat rate based on monthly statements received for it, in—namn, for the month or amam, for which the i—st—at at, is being .1-1-d, "Collection Cast" means the estimated cost t, be incurred by the City daring any Fiscal Year mm,enta, with the collection ofA—mem,. "Collection Cost Component" means the amount oompmed for each Tax Pamel p...... t to Section 3.04(6) hereof. "Moot Aasos-- Resolution" mane the resolution des.nbed in Section 2,07 If the Ordinance that imposes Assessments ,itho, the Ae ....t Area. 'Tiscal Year" means the period commencing on October I of each year and continuing through the next smceedimg September 30, or such other period se may be presenbed by h- as the fiscal year For the City. "Initial Prepayment Amount" means the om.mrt required for e.oh Tot Parcel as se[ forth in Appendix C attached hereto, be prepay the Assessment in full. "Institutional Property" means Tax Parcels that have o Department of Revenue Code of"70" through "79" as of the effective date of this Resolution. "Local Improvemeof" means a capital improve —id ....(meted or installed by the City for the speci.l benefit of a neighborhood or other local urea, for whioh sp,6.1 assessments are imposed pursuant to th. OM,Io— "Ordinance" means Ordinance No. 01-1574 ennoted by the City Commission on June 4, 2001, as omeuded and supplemented by Ordinance No. 04-1701 enacted by the City Commission o. July 19, 2004. "Parcel of Record" means an o,ph ttedl parcel of recoM m e subdivided Platted Lot in existence on the efbeetwe dale of this Resolution. "Platted Lot" mrnos a building lot demribed on a map or plot recorded in the Seminole Co—y Official Records on or poor to the effective date Athis Resolution. "Project Cost" means (A) the Wnstewater Development Assistance Fee (which represents the portion of the wet of constructing the Wastewater Collection Facilities for which the City now seeks reimbursement), (B) the Write— Capacity Charge previously, paid by the City to Seminole Coamty, (C) the Wastewater Connactioo Fee, and (D) the cost iaourred by the City to impose tho Assessments. "Property Appraiser" means tba Semimoie unty Property Appraiser. "Statutory Diseaunt Amount" means the amount ,mput,d for eacb Tax ParcaI pars— to Section 3.04(C) hereof. "Tax Parcel" means a parcel cf real property to which the Property Appraiser has assigned a distinct ad valorem property tax ideotifca[ion number. "Tax Roll" means the rani property ed valorem tax assessment roll maintained by 1 the Property Appraiser for the purpose oFlhc Iovy and collection ofad valorem texas. "Uniform Assessment Cnllection Act" means Sections 197.3632 and 197.3635, Flonda Statutes, or say successor statutes authorizing the cellection of non-c l valorem asseaaments on the same bill os ad valorem taxes, and any epplicablo cgulatwon promulgated thereunder. "Wastewater Capacity Cbarga" moans the wastewatu treatment opacity capiml ohnrga shot has been paid by the City to Seminole County for oach Tax Parcel io the Assessment A— "Wastewater Collection Facilities. means the —t—tc, collection ib,ilifi. required to, the City t, provide —w— collection service to the —1 property located to the As-- Area. "Wastewater Connection Fee" means the —t ]-d to the W—wc, Collection Facilities, i ... md by the City to, coated.], and lb,, to connect (A) , I —I line to each property lino, and (B) the —I property building t, the low,] line, if applicable. "W-t-1 DtIcl.p.— A1161-cc Fee" —., Oc fee established by the City i, the City, W,,t,w,t,, Policy Ordinance when the Wastewater C,11-ion Facilities were constructed as the portion of the —1 of w—cficg [he wastewater —11-ton fociliti- to b, paid by customers oflh, City, "Wastewater Policy Ordinance" =... Chapter 23, Public Utilities of the City', Code, as amended ..d supplemented by City Ordinance N— 0 1 - 1563 and 0 1 - 1593. SECTION 1.02. INTERPRETATION. Unless the w,tct indicates otherwise, ,,r& mp,tic, the singular nwnber i.,I.d, the plural .,,b,,, ,,d vice versa; the W-, "hereof" "hereby," %coi h—cc&," ,,,d similar terms refer to this Resolution; -d the t—, ftc, cod the term"heretofore" means before, the effective d,,(, of this R ... hamc. Words of,,,,y gcndu include IU correlative words of the WTI, 911,111, 11,11c, th, sco,c Indicates otherwise. W� SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined and declared that: (A) Pursuant to Article VIII, Section 2(b) of the Florida Conslitetm, and Section, 166.021 ead 166.041, Florida Stamtes, the City Commission has all powers of local seif pvammont to perform municipal ftec ion, and to render municipal sarvioes except when prohibited by law and such power may be exercised by the enactment of legislation in the form of City obliu—t, (B) The City Commission may exermse any govemmental, corporate, or proprietary power fr a municip,l propose except wheo expressly prohibited by law, ead the City Commission may legislate on aay subject matter on which the Legislature may act, except those s,,bj,,t, d—ribed iu (a), (b), (c), and (d) of Section 166D21(3), Florida Statutes. The a,bj,,t matter of paragraphs (a), (b), (e), and (d) of Section 166.021(3), Florida Statotes, is not relevant to imposition of assasnments related to Local Improvements within the City. (C) The City CommL4sion has enacted the Ordinance to provide for thecroation of Assessment Arens avd amhonzo the imposition of Assessments to Pond the eonstmetion of Local Improvements to serve the real property located therein. The Wustowatar Collection Facilities—stitute a Local lmprovcmo.t, a, defined in the Ordinance. (D) Over the past Year, the City has fileeeed and co -Meted the W—e, CIIIIIIiIn Fallible, to — I'll property I ... led in the Assessment Area with the requirement f,ei,b ... e,,,t from the mi p,,p,,y (E) The Project Cost t. be assessed against each T. P—I it, the Assessment Area includes the W—wet', Development A,ko— Fee p.ybb by such Tax Parcel when the Witst-- C,bleefi- Facilities we. ...-eted. (F) Upon construction of the Wastewater C.1hwim, Facilities, the City paid Wastewater Capacity Cb,,ges to S,,i,,Ie County for all Tax P-1, within the Assessment A,,, with the requirement Ift,mb--itt from the —] p,,p,fty (G) The Pr jeer Cost t, be assessed against —1, Tax Need i, the Assessment Araa i,,I,d,, the Wn—ty, C,p,,ity Charge paid by if,, City i, —p- of such Tax Parcel when the W,t,wM,, C,11,eti,. F-ilifie, were co -eied. (H) When the City began t, provide wnb,w— service to Tex Parcels within the Assessment —, p,y,,,,t of the Wastewater Connection Charge —, deferred with the requirement freimbursement from the —] property owners. (I) The Project Cost t, be assessed against each Tax P-1 in the Assessment Area includes the Wastewater C—eam, Charge, ifplinble (,,,eh Tit, P-1. Cl) The Project C- t, be assessed against N, Parcels ity, the Assessment Area d— not include ,,e— from the date such amoums were paid ., def,,-d by the City. bete—t that may hove accrued during such period will be ab—bed by the City. (K) In order to ood.e the fnancial impact the A--- will have eo the real p,,p,fty —, i, the A,--ttt Area, the City h,, decided to provide , 10-y .. jote.,I I..m to the —1 property owners be, their Am of the Pr jeer C- f,, A parcels ,the, than those ... efimtilg "loltbotil-11 PrIPIAY-" EII'Pt for I-Ifitoti—I PloPe"Y p,,,I,, boost will be cb,g,d enh y... based on the City 1--t Me. The City h,, decided that the —i— i,wmt rate that will be charged i, eight p .... t (8%) per year. lo,titoti—1 Npefty pueel, provide facilities 1, their owners, oe,,,p—, members ,d the ge-,.1 public that otherwise might be requested or required to be provided by the City. Accordingly, these properties serve a legitimate public purpose and provide , public benefit In '—geibm of the public benefit provided, it is fair and reasonable to reduce the burden of1h, A,,,,,,,t f,, th..e parcels by providing , bo,go, repayment p"i'd of fifteen (15) years as well .s reducing the interest .,f, to zero percent (0%) per year. (M) h, other to further reduce the fnancial impact the A,,css.,,t will hon ave th, —I property owners i, the A-1111t Area, the City will JIM Al Cdl-mo C-, nod the St,bo,ty DiIIII11t Amllltoolatad to -11-mg the AlIleoe- eo the bill. (N) The availability end p,.,i,i,, of wastewater —ice by the City pto,idcs ,p,,i,,l benefit to M, N-1, located ,ithm th, Assessment Al, (0) The City Commission hereby finds and d,te..h— th,t the Aseossmenle to be mp—d in —,&— with this Resolmt n provide nn equitable method of funding the Wastewater Colleetion Faeilities by fairly and reasonably allocating the Project Cost to those real properties that derive a special benefit. ARTICLE 11 NOTICE AND PUBLIC HEARING SECTION 2.01. PROJECT COST AND DESCRIPTION. The Project Cost of the Wastewater Collection Facilities, $147,330, has been funded by the City with the understanding that the City ,,to be reimbursed for such costs from proceeds derived he, the imposition of Assessments against the real property located iv the Assessment Area in the manner set forth in Article III hereof- The Wastewater Collection Facilities consist of a series of wostewale, It,, extensions constructed within the City corporata limits including, but not limited to, the following projects: Wilma Sheet, Park Avenue and Nortfi Highway 17-92. SECTION 2.02. ASSESSMENT ROLL. The Assessment Coordinator is hereby directed to prepare a fioal estimate of the Project Cost of the Wastewater Colleetion Facilities and to prepare the preliminary Assessmnnl Roll in the manner provided in the Ordinnnoe. The estimate of Project Cost and the Assessment Roll ,hall be ,wet,,med on File at City Moll and open to poblie inspection. The foregoing shall not It, construed to require that the Assessment Roll be in printed Corm if the amount of the A—,,, ,,t for each Tax Parcel can be deternumd by use of a computer tomiinel available to the pool;, SECTION 2.03. PUBLIC HEARING. A poblie hearing will be conducted by tho City Commission nt 7:00 PM., or as soon thereafter os the matter can be hem'd, on 1 t0 August 30, 2004, at City Hall located at 175 West Warren Avenue, Longwood, Florida, W —lid" (A) -Wm of the Assessment Area, (B) imposition of the Assessments, end (C) colle,timt ofth, Assessments pursuant to the Uniform Assessment Collection Act SECTION 2.04. NOTICE BY PUBLICATION. Up- c-plar- of the materials required by Section 102 hereof, the Asseawnent Coordinator shall publish a Doti,, of the public hearing authorized by Section 203 hereof is the manner and the rime provided in Section 2.05 of the Ordinance. Su,h notion shell be in substantially the Corm attaohed h—W as Appendix A. SECTION 2.05. NOTICE BY MAIL. Upon compl,tion of the materials required by S,otion 2.02 hereof, the Assessment Coordinator shall, at the time and in Ill, manner specified in Section 206 of the Ordinsn,o, provide F-,1— mailed notice of the public hearing authorized by Section 2.03 hereof to each real property mvner proposed to be assessed at the address imdi,ated on the Tax ML Suoh notico shall be m substantially the Corm attwh,d her,to os Appendix B. ARTICLE III ASSESSMENTS SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREA. The City Commission proposes to create the 2004 Wastewater Assessment Area including those parcels deaoribed in Appendix C attaohed hereto. The Assessment Area is proposed for the purpose of improving the use and enjoyment of real propeny by funding the construction of Wattewater Cllecfion Facilities, SECTION 3.02. IMPOSFPION OF ASSESSMENTS. Assesam— shall be imposed against reol property located within the Assessment Area for a period of(A) fiitcea (15) years, with r.p- to 1-imtiouul Property, and (B) ten (10) years, with respect to all other parcels. The first annual Assessment will be included oa the ad ... valorem tax bill fe be mailed in October or Novembrr, 2004. When imposed, the Assessment for each Piscal Year shall constitute a lien npon the Tax Parcels located in the Assessment Arc,, pursuant to the Ordinance. SECTION 3.03. PREPAYMENT AMOUNTS. (A) The Initial Prepayment Amoant for each Tax Parcel located within the Assessment Area shall be shal I be the amount set forth in Appendix C attached herein. (B) Following the initial prepayment period deco bed in Section 1M bcrcaf, the Adjusted Prepayment Amount shal I be set equal to the Initial Propaymeat Amount for each Tax N-1, other than Nose Tax Paroels as to which the Asscssma t has been N prepaid. The Adjusted P,,p.y,,,t A,,,,t for each Lt,, Parcel lb,l] b, j,,d m-11y, as provided i, Section 3.04(E) hereof. SECTION 3.04. COMPUTATION OF ANNUAL ASSESSMENTS. The ennneI Assessment shall b, computed for —1, T,, Parcel in the manner set F-b in this Section M4" (A) ANNUAL DEBT SERVICE COMPONENT. The "A—.1 Debt S—kt, Component" shalt b, c,l,,I,I,d for each Fi,,.] Year in which the Initial Prepayment Am— (,, Adjusted P,,p,,y,,,t A—, if applicable) ofth, Ut, P-6 is ,bt=dig as follows: (1) F,, all T,, Parcels 1, tb,, than h,,fiu,fi,,W Property: (.) Tbo A.-- Coordinator shall first oaleulate an .—W im—t w computed as the lesser of (i) the City li—t—f R-, or (i) an Interest rate equal to eight p-t,l (8%) per year. (b) The A.—,—, C..,di..t., tb.11 .- calculate the amount of pti,,ip,l d- f,, the T,, Parcel by dividing (i) the T,, Pmd, l,ifi,) P,,pam,,,t Amount (., Adjusted Prepayment Amount, if ppli,.1,E), by (ii) the y—,, the A—,- i, payable, which th,11 initially be for a period oft,, (10) y—, (,) 'lhe Assessment Coordinator A.11 then d--m, the interest payable by multiplying () the vnnuol imerest -e computed i. (1)(,,) above, 13 by Di) the Initial Prepayment Amount (o, Adjusted Prepayment Amo„t, if applicable). (d) The Ay ... I Debt S..vice Component is then c,de ileted es the sum of the amount dotermined in (i)(b) and ()(c) above. (2) Foe fnstihrtion.l Pmp,dy, the Annual Debt S... ie, Component shall be , le,d,ted f., the Tax Pamel by dividing (a) the Tax P.,cel's Initial Prepayment Amotmt (o, Adjusted Prepayment Amount, if applicable), by (b) the —be, of remaining years the Assessment is payable, which shall initially be for a pe,ied of fifteen (15) yeses. (B) COLLECTION COST COMPONENT. In .....dance with the City Commission's fording m Section 1.03(M) hereof, the City is paying for the Collection Coat related to the Assessments. A .... dingly, the "Collection Cost Component" shall be $0 eneh Fiscal Yea, fo, each Tax Parcel. (C) STATUTORY DISCOUNT AMOUNT. The "Statutory Discount Amounf is the amount o11—d by law as the m.xim,m disco,,[ f., early payments of ad valorem t.xes and non -ad v,]... . ...... .ents planed on the tax bill. In accordance with the City Cmnmission's finding m Section 1,03(M) hereof, the City is paying fo, the Statutory Dis.eunt Amount related to the Assessments. Accordingly, the "Statutory Discouvt Amount" shall be $0 emh Fiscal Year fo, each Tax Parcel. (D) ASSESSMENT. The annual Assessment fo, each Tax P... I shall be omnp,ted as the s,nt of (1) the Annual Debt Service Component, (2) the Collection C— Component, end (3) the Stammry Di—,un, Amount. 2 (E) REVISION OF ADJUSTED PREPAYMENT AMOUNT. Upon certification of the Assessment Roll for each Fiscal Year, the Adjusted Prepayment Amount fox each Tax Parcel shall be recomputed by deduotiag (1) the principal component of the Annual Debt Sexvice Component detemtimd in Section 3.04(A) above and included on the Assessmeat Roll for the Tax Parcel, from (2) the Adjusted Prepayment Amoum utilized to wmpute the annual Aazess ,- included oa the Assessment Roll for such Tax Parcel. SECTION 3.05. INITIAL PREPAYMENT OPTION. Following adoption of the Final Assessment Resolatio the Assessment Coordinator shell provide fist class mailed notice to the owner of each Tax Parcel subject to the A.vsessmeat of the —,'s option to prepay all furore annual Assessments. Ou or prior to September 30, 2004, the i owner of each Tax Parcel subject to the Aases .- shal l be —iticd to prepay all future annual Assessments, upon payment of the Initial Pxepayment Ammm[. The amount of all prepayments made puxsumtt to dtis Section 3.05 shall ba foal. SECTION3.06. ADDITIONAL PREPAYMENT OPTION. (A) Following the date specified m the notice provided pmsumn to Section 3.05 h—d, or such later dale as the City Commission may allow m its sole discrelioo, the owner of each Tax Parcel subject to the Assessments hall be entitled w prepay all furore unpaid annual Assessments upon payment of as amount equal to the sum of (I) the Adjusted Prepayment Amount for such Tax Parcel, and (2) iatr— oo the Adjusted Prepayment Amount, from the date of the most mcent ad valorem tax bill, computed at 15 the City Irrvestment Rat,. The amount of all prepayments made pursuant to this Section .� 3.06(A) shall be final. (B) During any period commencing on the kite the annual Assessmem Roll is certified for wllection putvuant to the Uniform Assessment Collection Act and ending ou the next dire on which unpaid ,d valorem razes become delinquent, the City may reduce the umoum required to prepay the future unpaid annual Assessments for the 'fez Pamel by the amount of the Assessment that has bean certified for o.H-i- with respect to such T. Parcel. SECTION3.07. hIANDATORY PREPAYMENT. (A) The owner of a Tax Parcel subject to the Assessment shall immediately prepay all frrmre unpaid animal Assessments Cor such Tax Parcel if (1) the Tax Parcel is _ o,quired by a public entity through wndemnution, negotiated sal, or otherwise, or (2) a taz certificate has been issued and .—ias outstanding in respoct of the Tax Parnal and the City, at its sole option, elects m aewleraw the Assessment. (B) The amount required t, prepay the future unpaid annual Assessments will be equal to the Adjusted Pmpayment Amount for such Tax Parcel The amount of ell prepayment, made pursuant to this Section 3.07 shall be final. (C) During any period commencing on the dote the murml Assessment Roll is — ifiM for collection pursuant to rho Uniform Assessment Collection Act and ending on th, next dote on which unpaid ad valorem taxes become delinquent, dr, City may reduce the amount required to prepay the future unpaid annual Assessments for the Tax Parcel Im by the amount of the Assessment that has bean certified for oollectiom with respect to Bach Tax Parcel. SECTION 3A8. REALLOCATION UPON FUTURE SUBDIVISION. (A) Upon subdivision of any Tax Parcel Iooated within the Assessment Area that is subject to the Assessment, and compliance with the conditions net forth below, the Adjusted Prepayment Amount for such Tax Parcel shell be reallocated among the subdivided parcels. (B) la order to have the Adjusted Prepayment Amount for such Tax Paroel reallocated in connection with any snob sabdivisioq the owner shall be evired to apply to the City and comply with each of the following oenditions; (1) a recorded plat, approved site plan or comparable document must be pmvidcd to the City aaftbbient in detail to desorthe adNaatcly the location of the Tax ParnaI end the individual parcels is the proposed subdivision; (2) the Pmpeny Appraiser must have assigned distinct ad valorom property mx identification numbee to ouch individual e,bdi,id,d parcel or committed is writing to sign such numbers prior to the —t ensuing Aagust i or any Inter date approved by the City that will not prevent timely certification of the Assessnteat Roll in eaoorclanoe with the Uniform Assessment Collection Act; (7) at the exlx'^rse of the teal property owner, o, app,.isel must be provided by a "coifed gencml appraiser,' as defined in Section 475.61 l(g), Florida Statutes, approved by the City, which indicates the fir market value of the 17 Tax Pamel prior to the s,bdi,isim end the fair market value of eaoh individual 1 subdivided parcel; in determining the fair market value of the individual subdivided parcels, the appraiser may take into oonsideratio, auy infrastmeture improvements that are the, under ,,,,Mcfion if £ands sufficient for their completion are secured to the satisfaction of the City Attorney, (4) a proposed reallocation of the Adjusted Prepayment Amount to each individual parcel must be provided to the City; pmvided however, that no portion Of the Adjusted Prepayment Amount may be reallooated to real property proposed for dedication to the public or to common ,so of the subdivided p,mels; (5) the fair market value of each separate parcel after the subdivision must be at Ieast five timee the Adjusted Prepayment Amount reallocated thou,.; and (6) the real property owner shall pay a, assessment reallucatio, fee to the City for each individml parcel resulting from the Obdivision, in an amount to be established by resolution of the City Commission. (C) If the owner of any Tax Parcel subject to the Assessment subdivides such Tax Parcel and fails to comply with the foregoing conditions, the City shall reallocate the Adjusted Prepayment.Arnou,t among the subdivided parcels, based upon the land value, without improvoment,, assessed to each subdivided panel by the Property Appo sei, At its sole option, the City may obtain an opp—A of the subdivided parcels et a,y time and reallocate the Adjusted Prepayment Amount based upon the land value, without 10 improvements, reflected in the appraisal, If an appraisal is obtained, the cost of the eppmisal will be allocated among the subdivided parcels on the bsis of the value reflected therein and added to the Adjusted Prepayment Amount of the Assessment for each a,,bdi,id,d parcel in the Piseal Year following receipt of the appraisal. It is hereby found and determined that the foregoing method of reallocating the Adjusted Prepayment Amount among subdivided pamels is N, and reasonable, inking into consideration the opportunity for reallocation available to the owner and the requirement w provide A,-, security fur the Obligations. (D) Notwidrsmnding the foregoing, if a Tax Parcel Includes more than one Platted Lot and no Parcels of Record, the Assessment imposed against such Tax Parcel may be reallocated among tho Plotted Lots upon (1) application of tho owner, end (2) r" aesignmont of a distinct ad valorem propetty tax identification camber to each Platted Lot or any combination of Platted Lots by the Property Appraiser. ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION. The Assess — shall be collected pure...[ to tho Uvif— Assessment Collection Act. SECTION 4.02. SF,VERARILITY. If.ny clause, section or provision of this Resolution shall be deolared unconstimti... I or invalid for nny reason or ...se, the rememing ponion of snid Resolution shall be in full force and effect and be valid es if snofi invalid ponion thereof h.d not been incorporated herein. [Remainder ofp.ge iNeotionnlly left blank] SECTION 4.03. EFFECTIVE DATE. This Resolution shell take off - DULY ADOPTED this 2nd day of August, 2004. CITY OF LONGWOOD, FLORIDA H.OH.O. "Butch ATTEST: Serah M. Mijaree, City Clerk Approved as to Corm and correctness: 'chard S. Taylor, h., C ttorney APPENDIX A FORM OF NOTICE TO BE PUBLISHED e.m,e m.— [INSERT SMALL MAP OF ASSESSMENT AREAL NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SPECIAL ASSESSMENTS IN THE 2004 WASTEWATER ASSESSMENT AREA Notie, is hereby given that the City Commission of the City of Longwood will eadoct a public hearing to eonsidor creation of the 2004 Wastewater Assessment Area, s shown above, and iapesltion of special assessments to reimburse the City for costs related to the coastrvetiov of wastewater collection facilities, c... ecfion thereto and related wastewater capacity charges. The Inuring will be held a[ 7:00 P.M., or as soon thereafter as the matter can be heard, on August 30, 2004, at City Hall, 175 West Warren Avenue, Longwood, Florida, for the pulp,,, of receiving public co ment on the proposed 2004 Wastewater Assessaeo[ A,-,,I¢ssassaents. All affected rwdproperty era have a right to appear at the hearing and to file written objections with the City Clerk anytime prioro the public heurivg. If. la, n decides to appeal any decision made by the City Commission will, respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim cord is made, including the mstlmony Hari evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persona needing a special modatioa or an interpreter to participate in this proceeding should wntsct the City's ADA Coordinator at 407/260-3481 in least 48 hours prior to the date of the hearing. The assessment for each parcel of real property will be based upon the Citys rates, fees and costs when the wastewater aellcotion farilities were constmeted as the portion of the cost ofeoastructing the wastewater collec tun finalities to be paid by customers of the City. Amore specific description of [he improvements and the loathed of computing the rem for each parcel of real property are set fool, in the Initial Assessment Resolution adopted by the City Commust ission on Aug2, 2004, Copies of the Initial Assessment Resolution and the preliminary Assessment Roll are available for inspection at City Hall, locstad at 175 Weat Warren Avamto, Longwood, Florida The assessments will be collected on the ad valorem tax bill, ns authorized by Section 197.3632, Floridas Fa ida Statutilure to pay the assessments will cease a tax rtifrca o bet ned against the real property which any result in a loss of title. The City Commission Intends to collect the assessments in 0I— (15) annual ins[all11 . for institutional property, and ten (10) installments for all other real property, in each case the first of which will be includad - the ed valorem tax bill to be mailed m 0-ber November 2004. If you have avy questions, please comas the CiW, Assessment Coordinator at 40W260-3475. 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 E [Property Owner Name] [Street Address] [City, State and zip] Re: Parcel Nnmber(I-,,Number] 2004 Wastewater Assessment Area Dear Property Owner As you were prnvi ..ly notified in our letter of 2004, the City of Longwood is rsidering cr of the 2004 Wastewater Assessment Area to impos special os menu to eimbu — the City for wsls related to the coustraotion of wastewater collection facilities, cooaection thoreto and flnavcing of related - --capacity charges. The assessment for each parcel of real property will be based upon the City's rntes, fees and wets when the wastewater wllection facilities were constrnct,d m the portion of the —t of coostmcting the wastewater collection fnoilities to be paid by s of lk City. A moro specific description of dre improvannants and the method ofs—puting the ass--t for each parcel of real property ere set forth in the ifiaml Assessment Resolution adopted by the City Commission on Angust 2, 2004. Copies of the hritial Assessment 1 —1,,tion and tho preliminary Assessment Roll are available for inspection m City Boll, Iocoted at 175 West Warren Avemte, Longwood, Florida. Inf.—ti n regarding th, assrsment for you -specific real prop,ny is ntt,,h,d to this lenu. The City intends to internally fimnce this nod other assessment projects. This will permit the cost aitribmable to your real property to be amortized over a period often [fifteen] (10[15]) years. Phase do no send pny—,t no . If the assessments ore imposed, you will am, ,s,p,,,t, notice of the date and place for payment. In coder to reduce the financial impaot the assessment will hove on [ins 1u[ional property, the City will not chargep interest on tha amount outstanding] ht reel pmperty owners in d,e 2004 Wanlwamr Assoasnwnt A—, the City has decided m ehage t,greet, ...p—d,d la -ally at the lessee of the (1) the City', average i—t—tt rate bit the previous 12 months, or (2) 8% per a —la. ba -du to fibap,,, reduce the financial impact of the assessment, the City will bill all administrative and -11-j- —, related to placing the assessments on the tee bill from other City revenue.... - T, �, City intends t, i,,I,d, =t, ,, your ad -I—aa tax bill with plt,,l on th, bill to b, mailed i,, orN—b,, 2004. Failure t, ply ytl,_—first m - will ....e a tax,Aif,,,t, to be issued- reel against the l paplay which.ay '_It i. , I" oftitl,. The City Commission will hold , pablb, hearing lt 7:00 P.M,, ihl—fte, as the matte' can e h,a,d, AAugustty located30, 2004, at Ci"ll 1d a 175 West. t W ... A —al, Longwood,.b- d, Florida, for the p,,pm, of receiving comments on the proposed 2004 WastWastewater,tAssessment Area and the nw--, including collection ol the ad ,,l—, tax bill. Y., are invited to attend pad participate in the public hearing or to file written objections Mlh the City Clerk anytime prior . the public hearing. If you decide to appeal any d,,i,i,, made by the City C—i,i,,b with —p- to any .— .,,id,,d at the ],,,H,g, yap will —d a ,,,,d of th, p ..... diag, and may ... d to ...... that , ,,b,ti . record is —di, ineluding the-ti—ny and evidence upon ,abi'l, the appeal i, t, b, made. In —pda— with the A,,,j,m, with Disabilities At, if you —d , spacial ....... d,ti- or a, iuterprct,r to participate in this proceeding, please .. ant the City', ADA Coordinator vt 407/260-3481 at I ... t 48 hours prior 0 the dateaftz hearing. Questions ,g,,di,g your .s........ t lad it, process for collection may b, directed to the Tity'l Al—allat Coordinator at 407/260-3475, CITY OF LONGWOOD, FLORIDA B-2 * * ' * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * 2004 WASTEWATER ASSESSMENT AREA [Property Owner Name] Parcel Number [Insert Number] Initial Prepayment amount (ifp,,M- made prior to September 30, 2004)" [Insert Amount] Number of annual payments: 10[15) Mawhnam annual payment.*. [htaert Amount] After September 30, 2004, interest will be charged on the outstanding balanoe at dhe Iesaer of the City', average invesnnent rate, or 8%per at — ** This represents interest calctdated ut the maximum hate of 8 %per oonum The sans] interact rate oh,,,d will be the lesser of this rule or the City', average inveamnent rate. * * `* * SEND NO MONEY NOW. THIS IS NOT AN INVOICE° APPENDIX C DESCRIPTION OF PARCELS IN THE 2004 WASTEWATER ASSESSMENT AREA AND APPLICABLE INITIAL PREPAYMENT AMOUNTS TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS ........... ..... ....... .................. ................. I SECTION 1.02.INTERPRETATION................._........................._.......................5 SECTION 1.03. FINDINGS .......................... _............... ................... ......__............. 5 ARTICLE II NOTICE AND PUBLIC HEARING SECTION2.01. ESTIMATED MAINTENANCE COST........................_..............8 SECTION2.02. 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 ASSESSMENT AREA......... 10 SECTION 3.02. IMPOSITION OF MAINTENANCE ASSESSMENTS ............. 10 SECTION 3.03. COMPUTATION OF MAINTENANCE ASSESSMENTS....... 10 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION ........... ........................ 12 SECTION 4.02. SEVERABILITY............... .....__-...................... ,.... .................. 12 SECTION 4.03. EFFECTIVE DATE... ............ ....................... .............. 13 APPENDIX A- FORM OF NOTICE TO BE PUBLISHED APPENDIX B - FORM OF NOTICE TO BE MAILED APPENDIX C- DESCRIPTION OF PARCELS IN THE BARRINGTON MAINTENANCE ASSESSMENT AREA