Resolution 04-1098RESOLUTION NO.04-1098
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, DESCRIBING THE
REAL PROPERTY TO BE LOCATED WITHIN THE
PROPOSED BARRINGTON MAINTENANCE
ASSESSMENT AREA; DETERMINING THAT SUCH
REAL PROPERTY WILL DERIVE A SPECIAL BENEFIT MAIN FROM THE TENANCE OF THE BARRINGTON
LOCAL IMPROVEMENTS; DETERMINING THE
ESTIMATED MAINTENANCE COST OF THE
BARRINGTON LOCAL IMPROVEMENTS; DIRECTING
THE ASSESSMENT COORDINATOR TO PREPARE A
TENTATIVE ASSESSMENT ROLL BASED UPON THE
METHODOLOGY SET FORTH HEREIN;
ESTABLISHING A PUBLIC HEARING TO CONSIDER
IMPOSITION OF THE PROPOSED MAINTENANCE
ASSESSMENTS AND THE METHOD OF THEIR
COLLECTION; DIRECTING THE PROVISION OF
NOTICE IN CONNECTION THEREWITH; PROVIDING
FOR SEVERABILITY AND PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS:
ARTICLEI
DEFINITIONS AND CONSTRUCTION
SECTION 1.01. DEFINITIONS. As used in this ResolhtioM tho following
terms shall have the following meanings, unless the context hereof otherwise requires.
Any capitalized terms not defined herein shall have the meaning ascribed to such terms in
the Ordinance.
"Annual Meiu[ennncc Component" means the amount vomptted for eaeh'Pax
Parcel pursuant to Section 3.03(A) hereof.
"Assessment Coordinator" means the person Io ig,,-d by the City
Commission to be icsponsiblc for coordinating Maintenance Assessments, or such
person', designeo.
"Assessment Are." means the proposed 6.rringmn Maintenance Assessmevrt
Aron described in Section 3.01 hvtcof.
"Assrssmen[ Roil" means a non -ad valorem assessment roll relating to the
Mainte.annv Cost oflhc 13arrington Local Improvements and related expenses.
"Barrington Local Improvements" mrans the irrig,h-, la.ds,api.g, street
lighting, the Barrington Subdivision Wall and othu related improvements located in end
adjacent ro the Assessment Area.
"Barrington Subdivisimt Wall" means the winged wall abutting Grange Place
previously constructed along the western boundary of the Assessment Area, including
related sig,,g,.
"City" means the City of Lmtgwood, a municipal corporation My organized and
validly existing under the laws of the State of Plotid,.
"City Attorney" means the Clty's Attorney, or aoch pemon's designee.
"City Commission" mums the City Commission fthe City.
"[rival Assessment Resolution" mean, the msolution described in Sections 2.07
of the Ordinance that imposes the Assv,sments within the Assessment Area.
2
"Fiscal Year" means the period commencing on October I of each year and 1
continuing through the next aricceeding September 30, or ouch otI period as may be
prescribed by Iaw as the F—I your for the City.
"Government Property" means real property owned by the United States of
America, the State of Pl—&, a county, a speci,t district, a municipal cotpomtion or ¢ny
of their respective agenoies or political subdivisions.
"hlnintennnce" means the operation and maintenance of the Barzingmn Local
Imps.--ts, including cleaning, repairing replacing landscaping and similar services.
"Maintenanec Assessment" means an annual special assessment imposed against
real property located within dre Assessmetn Area to fond the Maintenance Cost of the
Baningtorr Local Impro —ots, and related o,penses, oomputed in the manner desonbod
1
in Section 3.03 het col'.
"Maintenance Assessment Collection Cost" means Ore ostimnted oast to be
mcurzed by the City doring any Fiscal Year in connection with the collection of the
Maintenance Assessment.
"M19aintenauce Assessment Colleeton Cost Component" means the amount
computed for each Tax Parcel pursuant to Section 3.03(B) hereof
"Maintenance Cnst" means all or soy portion of the expenses that are properly
athibutable to M¢intenancc under geo rally a cepted -- mg principals, including
without limiting the generality of the foregoing, funding a wall repair reserve account for
1
�. the Barrington Snbdivisioo Wall, rei,bursentent to the City Rr any fiords advoneed for
Maintenance end interest on any interPond or inho(und I... for seeh purpose.
"Maintenance Assessment Statutory Discount Amomtt" means the amount
....puled for each Tax Parcel pntauant to SeGion 3.03(C) hereof.
"ordinance" moans Ordinanoe No. 01-1574 enacted by the City Commission ee
Jon. 18, 2001, as amended and soppiemented by Ordinance No. 04-1701, enacted by the
City Commission oe July 19, 2004.
"Platted Lot" .cans a single-fonrily msidential building Iot I ... led in the
Assessment Aree that is desmibed on a cap or plat rocord,d in the Seteiaole County
Official Records.
"Property Appraiser" means the Seminole County Property Apprais.r.
r
"Public Use Parcel" means any Platted Lot located within the Assessment Area
that is used for public puM,— and does not reemve a special benefit from the
Maimm—te, including, but not Iimbed le, Government Property, retention areas, rights-
.[ way and utility easements.
"Tax Parcel" means a parcel of real properly to which the Properly App.tser has
assigned a distmra ad valor m properly ntx identifi- on number.
"Tax 12n11" means the real property ad valorem tax assessment roll maintained by
the Property Appraiser for the pugtese of the levy and wllection of ad valorem taxes.
"Uniform Assrssment Collection Aet" means Sections 197.3632 end 1973635,
Florida Stetmes, or any successor statutes authorizing the collection of non -ad valorem
4
M,i,,t ....... A— ...... t,, mt the sumo bill as ad valorem (,—, and any applicable
regulations p,,,,,1g,t,,d
SECTION 1.02. INTERPRETATION. uifl— the context indicates
.Ih—i, words imposing the singular .,,b,, i-II& the pl,,,,,l number, and vice
,—; the — 1--b" bmby," 'lb,—," b—I.," "h—Iodo," and sm,b,, --
,,fb, t. this R—hbi..; and the — "h,,,ft,," I,—, after, and the — I—tofi,,W,
u befog the effective date of this Resolution. W.,& If .,,y g,,,&, include the
cortelative words of the other gender, unless rho sense indicateantherwise.
SECTION 1.03. FINDINGS. It is hereby ---d, determined and
&,1,,,od that
(A) Pmsunm to Aftid, VIII, Suction 2(b) of tb, Florida Constitution, and
Sections MMI and 166,041, Florida S..I,, the City Commission has all 1-- of
1-1self-to,--,,, to p,,f,,, municipal functions and W render municipal services
except ,h,,, pohibited by 1— and such p—, may bo —,,imd by the m--It of
l,giAmj,, I the form ofCity -dio—,
(B) The City C—Imi— may —,oi. soy governmental, -,—t, or
p,,p,i,W,, p.,,, to, , municipal purpose except when expressly prohibited by law, and
the City Commission may b,&I— on ..y subject matter on which the Ugisl—o ..y
—, except those subjects &— ibed in (,), (b), (,), and (d) If Section 166.021(3), FlItid.
SbAot— The subject matter If paragraphs (1), (b), (1), and (d) If Section 66.021C),
r Florida Statutes, is not relevant to imposition of Maintenance Assessments related ro
Local Improvements within dte City.
(C) "fhe City Commission has enacted the Ordinmtae to provide for the creation
of A, --it Arena (as defned in the Ordinance) and authorize the imposition of
Assessments to fund (I) the conshuotion o£ Local Improvements to benefit the real
property located therm and (2) the cost of operating and mamtai ing Looal
Improvements.
(D) The City Commission desires to creme the Bamngton Maintenance
Assessmem Area as an Assessment Area under the Ordinance ro fund the Maintenance
Cost of the B—ington Local Improvements. The Barrington Local Improvements
constitute a Local Improvement as defined in the Ordinance and the Maintenance Cost
constitutes the Operating Cost of Related Servioos, as defined in the Ordinance.
(E) The Assessment Area includes only Platted Lots zoned for s &-family
residential use. None of the reel property I—b d within the As-- Area is used far
multi -family residential, commercial or other usos.
(F) Maintenance of the Bamngton Local Improvement, twill provide a special
benefit to all Platted 1— located within the Asseasmeot Area by improving and
enhancing the estenor subdivision boundaries, the intcvor subdivision meas, the
subdivision identity and the subdm,i— aesthetics and safety, ibus enhancing the velne,
,,, and enjoyment of suoh real property. Due to their use, Publio Use Parcels will not
dative a special benefit frmn the Maintenance.
01 6
(G) Each Platted Lot within the Assessorant A— will derive the same speeinl 1
benefit from Maintenance of the Harrington Local Improvements. Accordingly, it is fair
end reasonable to ,pportim, tho Maintenance Cost fthe lbrringmn Local Improvements
egnnlly mnong —1, Platted Lot within Assessment Area.
(H) The City Commission hereby finds and detennines that the Maintenance
Asecssmente, to be imposed in aocordnnce with this Resolution, provide on equitable
mothod of funding the Meimmtance by fuidy and reasonably allocating the wet based on
the epwial benefit derived by it,, real pmperty, in the manner hereinaft, described.
ARTICLE 11
NOTICE AND PUBLIC REARING
SECTION 2.01, ESTIMATED MAINTENANCE COST. The estimated
Maintenance Cost of the Barrington Local Improvements is 56,600 per Fiscal Year. The
Maintenance Cost of the Barrington Local Improvema 1s will be handed through the
imposition of Maintenance Assessments apmf teal pwpetty located in the Assessment
At—,, the manner set forth in Article Ill hereof:
SECTION 2.02. ASSESSMENT ROLL. The Assessment Coordinator is
hetoby directed to prepare a final estimate of the Maintenance Cost of the Barrington
Local Improvements and to prepare the pteilminory Assessment Roll in the mamrer
provided in the Ordinance. The Assessment Coordinator shall apportion the Maintenance
Cost of the Barrington Local Improvements among the parcels of reel property within the
Assessment Area as reflected on the Tex Roll in conformity with Article BI hereof. The
estimate of Maintonmrce Cost and the A—...ent Roll shall be maintained on file at City
[3a11 and open to public inspection. The foregoing shall not be constmed to require that
the Assessment Roll be in printed form if the amount of the Mainenanee Assessment for
each T- Parcel —, be determined by ase of ae mpater terminal available to the pabtic.
SECTION 2.03. PUBLIC REARING. A public li—mgwill be —,,hi red by
the City Cmnmis m at 7:00 P.M., or as inns thereafter as the matter can be heard, on
August 30, 2004, at City Rell located at 175 West Wancn Avenee, Longwood, Plonda,
to wnsider (A) creation of the Assessment Arcs, (B) imposition of the Maintenance
I^ 8
Assessments, and tQ collection of the Maintenance Assessments pursuant to the 1,
Uni Comt Assessment Collection Aet.
SECTION 2.04. NOTICE BY PUBLICATION. Up mr oompleti , of the
materials requited by Section 2.02 hereof, the Assessment Coordinstor shrill publish a
notice of the public hearing authorized by Section 2,03 he—i'm the manner and the time
provided in Section 2M of the Ordinance. Such notice shall be in substantially the form
auaohed hereto et Appendix A.
SECTION 2.05. NOTICE BY MAIL. Upon completion of the motenals
required by Section 202 hereof, the A --et Coordinator shell, at the time and in the
manner speoif ied in Section 2.06 of the Ordinance, provide first etas mailed -i,, of the
publie hearing authorized by Section 2,03 hereof Co each real property owner proposed to
be assessed at the address indicated on the Tax Roll. Suoh mode, shall be in s,bttamtinlly
the f— ,ftbehed hereto as Appendix B,
AIzrICLE III
MAINTENANCE ASSESSMENTS
SECTION3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREA.
'The proposed Barrington Maint-- Assessment Area shall include the real preputy
located within the Barrington Subdivis , more specifically identified in Appendix C
attached hereto. The Assessment A— is proposed for the pnrpore of enhancing the use
end enjoyment of real property Iocated therein by funding the Maintenance Coat of the
Barrington Local Improvements.
SECT ION 3.02. IMPOSITION OF MAINTENANCE ASSESSMENTS.
The lVC—tons.. Arse —,,(a shall be imposed against all real p .p-y located withi,,
�. the Assessment Area Cor each Fisenl Year, other then Public Use Parcels, and shall be
compatod in accordance with this Article Ill. When imposed, the Maintenance
Assessment far eacb Fiscal Year shall constitute a lien upon the Tax Panels located in
the Assessment Area, parrs... to the Ordinance.
SECTION3.03. COMPUTATION OF MAINTENANCE
ASSESSMENTS. The animal Maimeaancc Assessments sball be computed for each Taz
Parcel located in the Aasoasmont A—, other than Public Use Parcels, in the mannor sat
forth in this Section 3.03.
(A) ANNUAL MAINTENANCE COMPONENT. The "Anne.. Maintenance
Component" shall be caloalated for each Piacol Year for each Tax Parcel by U) dividing
10
(a) the Maiatenance Cost of the ll-ingtoo Local Imptnvemems by (b) the mtal number
of Platted Lots located in the Assessment A—, and (2) multiplying the ceszi It by the
number of Platted Lore attributable N, suoh Tax Parcel.
(B) MAINTENANCE ASSESSMENT COLLECTION COST COMPONENT.
The "Main nonce Assessment Collection Cost Component" shall be computed each
Fiscal Year for each Tax P,—I by (I) dividing (a) the Maintenance Assessment
Collection Cost by (b) the total number of Platted Lots located in the Assaavment Area,
and (2) multiplying the result by the number Platted Lots attributable to such Tax P,—L
(C) MAINTENANCE ASSESSMENT STATUTORY DISCOUNT AMOUNT.
The "Maintenance Assessment Stahttory Discount Amount" shall be computed for each
Tax Parcel as the amount allowed by Iaw as the maximum discount for early payment of
1
ad valorem taxes and non -ad valorem assessments, suoh amount to be calculated by
dad—iag (1) the sum of (a) the Anaaal Maintenance Conrpoaeat and (b) the
Maintenanac Assessmenl Collection Cost Component, It— (2) the amount computed by
dividing (a) the sum of (i) Ik Annual Maintenance Component and (ii) the Maintenance
Assessment Collection Cost Component, by IS) the faro, of 0 96,
(D) MAINTENANCE ASSESSMENT. The annual Maimenance Assessment
for weh Tax Parcel shall be wmputed as the sum of (1) the Armual Maintenance
Component, (2) the Maintenance Assessment Collection Cost Component, and (3) the
Maintenance Assessment Statntoty Discount Amount
ARTICLE IV
GENERAL PROVISIONS
SECTTON4.01. METHOD OF COLLECTION. The Maintenance
Assessments shall be collated pureuanl to Iho Uni Corm Assessment Collection Aa
SECTION 4.02. SEVERADILITY. If any clause, seehon of provision of this
Resolution shall be declaicd unconsululiaiul m invalid Cor any reason or cause, the
renaming portion of said Resolution shall be in full force and effect and be valid as if
such invalid portion Iheceofhad not been incorporated herein.
[Remainder of page intentionally Icfl blank]
SECTION4.03. EFFECTIVE DATE. This Resolution shall take effect
DULY ADOPTED this 2nd day of Aogust, 2004.
CITYOF LONGWOOD, FLORIDA
o, X- .4ii
14.0 . 'Butch" Bundy, ]r., Nb
ATTEST:
Sarah M. M�a�cq City Clerks
Approved as to Eornr and aaaecmess:
Richard S. T y�ttorney _�
APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
before a,,rt 10, 2nnl
INSERT SMALL MAP OF ASSESSMENT AREA]
NOTICE OF HEARING '1O IMPOSE AND
PROVIDE FOR COLLECTION OF SPECIAL ASSESSMENTS
IN THE BARRINGTON MAINTENANCE ASSESSMENT AREA
Notice is hereby given that the City Commission of the City of Longwood will
e endua public Ireari ng to consider e of the Barrington Maintenance Assessment
Area, as shown above, and imp—tioneof special assessme- to fund the maimennnce
coats of the Barrington Subdivision Wall, landscaping nrigmion, lighting end other
related inTo,ements within the B—ingo. MAssessmentea. Maintenance ArThe hearing
will be held at 7:00 P.M., or as soon thereafter es the matter can be heard, on August 30,
2004, at City Ball, L75 West Warren Avenue, Longwood, Florida, for dre purpose of
obroi,ing publie coo nrent on the proposed Bnrrington Maintenance Assessment Area and
oolleotion of the assessments on the ad valorem tax bill. All affected real property
ers have e right to appear at the hearing and re be written objections with the City
Clerk anytime prior to the publie hearing. if a person decides to appeal any decision
made by the City Cmmmission with rasped to any matter considered at the hearing, such
person will need a record of the proceedings and in,y need to eneure that a verbatim
cord is made, including the testimony and evidence upon which the appeal is to be
made. In accordance with the Americans with Disabilities Ast, peraovs needing a special
modation e, an ieneiproter to participate in this proeeeding should contact the
Ciry's ADA Coordinator at 407/260-3481 at least 48 boors prior to the date of the
heating.
The assessment for oath parcel of real property will be based ou the number of
platted lots attributable to each parcel of real property will» e the proposed Barrington
Mail ce A—nt Area. A truou specific description of the impm and the
method ofcomputing the a eat for each parcel ref-1 property ar set forth in the
Initial Assessment R... hh o d,pt,d by the City Commission on August 2, 2004.
Capies of the Initial Ater—resut Resolution and the preliminary Assessmem Roll are
vailable for irep-i- at City Ball, located at 175 West Warren Aveinte, Longwood,
Florida.
The assessments will be collected on the ad valorem dor bill commencing with the
tax bill to be mailed in October, or November 2004, as authorized by Section 1973632,
Ir—da Statutes. Failure to pay the assessments will cause a tax cerlifieate to be issued
against the real propotty wind,m nay result in a Ions of'title.
if you have any questions, please c»nt,G the City', Assessment C—dm-, at
40M60-3475.
Cl FY OF LONGW OOD, FLORIDA
APPENDIXB
FORM OF NOTICE PO BE MAILED
CITY OF LONGWOOD
175 Nest lYarreu Avenue
Longwood, Florida 32750
407260-3440
[Propotty 0"" Name1
[Street Address]
[City, State and zip]
Re: parcel Number [last, Number]
Bai,mgton MaintenanceAssessan,ntA—
Dear Property 0—t:
The City of Longwood is considting creation of the Barrington Maintenance
Assessment Area to impose special asacssmems to fond the maintcaiance vests of the
Barrington Subdivision Wall, landscaping, irrigation, lighting and other related servi,cn
within the Barrington Maintenance Assessment Area. The assessment for each parcel of
real property will be bos,d on the number of platted IoEs attriburabl, to each paroel of real
property within tha proposed Barrington Maintenance A---, Area. Amore epecific
description of the improvements and the method of computing the assessment for each
paroel of real property are set forth in the Initial Assessment Resolution adopted by the
City Cammissi- on August 2, 2004. Copies of the Initial Assessment Resolution and
the prlimina ery Assessment Roll,,available
afor inspection aoca t City 11,11, lted at 175
West W,m, Avemte, Longwood, Florida. Infomtation rcgnrding the assessment for
your specific real properly is attached to this letter.
The City intends to inchtde annual assasemtrts on your ld valorem tax bill with
the feel paym,nt on tho bill to be mailed in October or November 2004. Failure to pay
Y.- will o a tax certificate toe issued ,piut the real property which
may result it, e at loss of till,. The City Commission will bold a public hearing at 7:00
P.M., or es soon thereafter as the maser can be heard, on August 30, 2004, at City Hall
located at I75 West Warren Avenu,, Longwood, Florida, for the purpose of receiving
n the proposed Barrington Maintenance Assessment Area, innluddng
collection on the ad valorem tax bill- You ar, united to nttend and participate in the
public li—mg or to f le written objections with the CityClerk anytime prior to the public
hearing.
If y— decide to appeal mry decision made by the City Connnissi,w with respect to 1
any matter o.,aidered at the heaving, you will nced a record of the prooeedings and may
—d to ensure that a —lw rin record is maia le, .Iudiag the tosdnwny and evidence upon
which the appeal is to be made. In ....[dance with the Arnetiwas with Disabilities Act.
if you nced a epe.i,l accommodation or au nrterpreter to participate in this p..... ding,
ploase coumot the City',ADA Coordinator of 407/260-3481 at l-,it 48 hours prior 101h.
date .f the hearing.
Questions yg.,ding your as and the process for collection may be
directed t. the City', AsscsemenI Cooed a,-, at 407/260-3475.
Cl OF LONGWOOD. FLORIDA
* " * . * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * "
13arringlnn Maintenance t.,,.,smear A —
[Property Owner Name]
Pernel Number [Insert Nnmbcr]
Number dPlmted Las [Insert Amount]
Annual Assessment Amount [Insert .Amount]
* • SEND NO NIONEY NOW, THIS IS NOT AN INVOICE
APPENDIX C
DESCRIPTION OF PARCELS IN THE BARRINGTON MAINTENANCE
ASSESSMENT AREA
CITY OF LONGWOOD, FLORIDA
INITIAL ASSESSMENT RESOLUTION
FOR THE
GOLDEN GROVE MAINTENANCE ASSESSMENT AREA
ADOPTED AUGUST 2, 2004
TABLE OF CONTENTS
PAGE
ARTICLE I
DEFINITIONS AND CONSTRUCTION
SECTION 1.01. DEFINITIONS ............. .......................................................... ...................
1
SECTION 1.02. INTERPRETATION....._ ................ ...._.............. ...................
.......5
SECTION 1.03. FINDINGS ............. .......... ......_...................................
........5
ARTICLE H
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
SECTION2.05. NOTICEBYMAIL................................._...........................__......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. SEVERABIITY....................-- 12
SECTION 4.03, EFFECTIVE DATE.................. --- ..._.......__............................ 13
APPENDIXA - FORM OF NOTICE TO BE PUBLISHED
APPENDIX B - FORM OF NOTICE TO BE MAILED
APPENDIXC- DESCRIPTION OF PARCELS IN THE GOLDEN GROVE
MAINTENANCE ASSESSMENT AREA