Resolution 04-1099RESOLUTION NO. 04-1099
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, DESCRIBING THE
REAL PROPERTY TO BE LOCATED WITHIN THE
PROPOSED GOLDEN GROVE MAINTENANCE
ASSESSMENT AREA; DETERMINING THAT SUCH
REAL PROPERTY WILL DERIVE A SPECIAL, BENEFIT
FROM THE MAINTENANCE OF THE GOLDEN GROVE
LOCAL IMPROVEMENTS; DETERMINING THE,
ESTIMATED MAINTENANCE COST OF THE GOLDEN
GROVE 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:
ARTICLE I
DEFINITIONS AND CONSTRUCTION
SECTION 1.01. DEFINITIONS. As used in 0us Resolution, the following
tertas shall have the following meanings, unless the context hereof otherwise mqui—
Any capiWiud terms not defined herein shall have the meaning ascribed to snch terms in
the Ordinance.
"Annual Maintenance Component" means the amount computed for each Tax
Parcel pursuant to Section 3.03(A) hereof.
"Assessment Coordinator" means the parson designated by the City
Commission to be responsible for coordinating Mainteoaace Assessments, or such
persons designee.
"Assessment Area" means the proposed Golden Grove Maintenance Assessment
A— dese bed in Seaaon 3.01 hemo£.
"Assessment Roll" means a non -ad valorem assessment roll relating to the
Mainteaance Cost of the Golden Grove Local Improvements and related expenses.
"City" means the City of Longwood, a municipal corporation duly organized and
validly existing vader the laws of the State of Fl,dd,.
"City Attorney" means fhe City', Attorney, or such person', desigaee.
"City Commission" means the City Commission of the City.
"Final Assessment Resolution" means the resolution dese bed in Sections 2.07
of the Ordinance that imposes the Assessments within the Assessment Area.
"Fiscal Year" means the period commencing on October I of each year and
continuing through the next succeeding September 30, or such other period as may be
p,,, bed by law as the final year for the City.
"Golden Grove Local Impro—i—," means the Irrigation, landscaping, street
lighting, the Golden Grove Subdivision Walls and other related improve,— looated in
and adjacent to the Assessment Area.
"Golden Gr... Subdivision WOW' means the two 16' long winged —11,
.b.tfi.g St,,,, C— previously .... —,d along the none.. I, ... d,,,y of the
Assessment A,,, including related,ignag,
Property" -- —1 property owned by the United St— of
A,,,i,,, the SW, ofFl,,id ty, , special district, , municipal corporation o, any
.fth6,,,,p-iw, ago.. i,, er political subdivisions.
"Maioteoance" means the operation and maintenance ofth, Golden Grove Local
Improvements, including cleaning, repairing, replacing I.d—ph,g and similar "Maintenanee Assessment" meane an 1-111 special imposed against
real p,,p,ay located within the A,—.— Area m fund the M.i.-- C- of the
Golden G.... Local fi,pov.... b,, and related expenses, o,mput,d i, the .....r
d..,ilwd is Section 3.03 hereof.
"Maioteoance Assessment C,11,,ti,, C,,,t" m.... the estimated — W b,
i—,md by the City during any Fiscal Y— i,, connection with the -11eeti- of the
M,mtm— Assessment.
"Maintenance Assessment C,11,,ti,,, Cost Component" meane the amount
,,,p,t,d for each Tax P-1 p,,,,,t t, Section 3.03(3) hereof.
Cost" MI'll all or any portion of the expenses that a, properly
—ib-ble W M.i.b,.— -ft, g—,Ily accepted accounting principals, including,
with— limiting the g,,,,Iity ofth, foregoing, funding , wall repair m—, account f,,
the Golden Grove Subdivision Wells, reimbursement to the City for any funds advaoeed
for Maintenance aad interest on any inlerfund or intrafund loan for such purpose.
"Main -an.. Assessment Statutory Discount Amount" means the amount
computed for each Tax Parcel puauant to Section 3.03(C) hereof.
"Ordinance" means Ordinance No. 01-1574 enacted by the City Commission on
June 18, 2001, as amended and supplemented by Ordinance No. 04-1701, enacted by the
City Commission on July 19,2004.
"Platted Lot" means n single-family residential building lot boated in the
Assessment Area that is described on a map or plat recorded in the Seminole County
Official Records.
"Property Appraiser" means the Sennole County Property Appraiser.
"Public Use Parcel" means any Platted Lot located within tho Assessment Area
that is used for public purposes and does not receive a special benefil from the
Maintenaaoe, including, but not limited to, Government Property, retention aroas, rights-
of -way and utility easements.
"Tax Parcel" means a parcel of real property to which the Property Appraiser has
assigned a distma sd valorem property tax identificatiber.
"Tax Ro11" means the real property ad valorem tax assessment roll maintained by
the Property Appraiser I'or the purpose of the levy and colleation of ad valorem taxes.
"Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635,
Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem
4
Maiatemamce Assessments on the same bill as ad valorem taxes, and any applicable .�
regulations promulgated thereunder.
SECTION 1.02. INTERPRETATION. Unless the contoxt iodinates
otherwise, words importing the singular number include the plural number, and vice
versa; the temrs "hereof;' "hereby," "herein," "hemto," "hereunder' and similar [arms
ref to this Resolution; and the [era "hereafter" means after, and the term "heretofore"
means before, the effective date of this Resolution. Words of any gender iaclnde the
correlative words of1he other g,e,de,, unlessthesease indicates otherwise.
SECTION 1.03. FINDINGS. It is hereby nseermined, determined and
declared thm:
(A) Pursuant to Article VRI, Section 2(b) of the Florida Coostitutw , and
1
Seetions 166,021 sad 166.041, Florida Stautes, the City Commission has all powers of
local self-government to perform munieipal functions and to render municipal services
except when prohibited by taw and such power may be exercised by the enactment of
legislation in the form of City ordinances.
(D) The City Commission may exerase nay governmental,—pmate, or
pmpriemry power for a municipal purpose except whm expressly prohibited by law, sad
the City Commission may legislate on any subject matter oa which the LegislaNre may
.et, except tbose subjects described in (a), (b), (e), end (d) of Section 166.02 ] (3), Florida
Statutes. The subject matter of paragraphs (a), (b), be), and (d) of Seetieo 166.021(3),
Florida Statutes, 1, not 1111— to 11PIlifil- If M-i'll-11 Aasessmcnv related to
Local Jpo--ot, within the City,
(C) T1, City Commission h,, enacted th, Ordinance to provide fi—h .... fio,
of A—,— A— (., defined io the Ordinance) and ..ti,od,, the imposition of
Assessment, to fund (1) tbo --tio, of Local Improvement, to benefit the real
property located th—oi and (2) the cost of .1—mb,t, and maintaining Local
liop'.—t—
(D) The City C,,o,i,i,, &,i— to create the Golden G— Maintenance
A--- Area . an Assessment Area I.ib,, the Ordinance to no,d the Maintenance
Cost of the Gold,, Gm,, Local Improvements. Tho Golden G— Local T.poo--ot,
constitute , Local I,Pmw,,,t as d,f,,,d in tN Oodi—,, and the Maintenance Cost
constitutes he Operating Cost ofR,I,t,d Services, as defined i. the Ordinance.
(E) The Assessment A,,, include, only Platted L,bi zoned farsingle-family
residential ,,, No,, ofth, —1 p,,pmy 1,—d within the A —.—I, A— i, used to,
multi -family residential, --i.1 or other I—
(F) M.i.-..- If the Golden G— Local 1,op,.—I. ,ill provide
special benefit to all Platted L- located itbi, the Assessment Area by improving and
.h..d.g the —no, subdivision lb-,Ihoi, the mo,,ior subdivision —, th,,
subdivision identity ..d the subdivision —th,ii,, and safety, thus enhancing the
use and enjoyment of such real property. D,, to 11,6, .,,, PON, U,, Parcels will
&,i- a special benefit tim the Maintenance.
6
(G) Paoh Platted Lot within the Assessment Area will derive the snme special .`
benefit from Maintenance of the Golden Grove Local Improvement.. Accordingly, it is
fair and reasonable to apportion the Maintenance Cost of the Golden Grove L.enl
Improvements equally among each Platted Lot within Assessment Area.
(H) The City Commission hereby finds and detem.ines that the Maintenance
Assoss,—, to be imposed in .....dance with this Resolntien, provide an equitable
mczhod of fending the Maintenance by fairly and ......bly allocating the cost based on
the spatial benefit derived by the real pmpexty, in the manner hereinafter descnbe3
ARTICLE If
NOTICE AND PUBLIC }TEARING
SECTION 2.01. ESTIMATED MAINTENANCE COST. The estimated
Maintenance Coat of the Golden Grove Local Improvelnen[a is $2,060 per Fi—I Year.
The M.int.vay.. Cost of the Golden Grove Local Improvements will b. @nded through
the imposition of Mai.t...... Assessments against teal property bested in the
Assessment Area in the manners,[ forth iv Article III hare.£.
SECTION 2.02. ASSESSMENT ROLL. The Assessment Coordinator is
hereby directed to prepare a final estimate of the Maintenance Cost of the Goldev Grove
Local Improvements avd to prepare the prelinu.ary Assossment Roll in the manner
provided to the Ordinance. The Assessment Coordinator shall apportio. the Maintenance
r Cost of the Golden Grove Local Improvements mnong the parcels of real property wi0rin
the Ass ....t Area es reflected .. the Tex Roll io ...forrnity with Article III hereof
The estimate of M,i,W..... Cost avd the Assessment Roll shal I ba maintained on file at
City Hall avd open to public inspection. The foregoing shall not be construed to regvir.
that the Assessment Roll ba iv printed form if the amount of the Mai.tenance Assessment
for each Tax Parcel ... be detertvived by use of a computer terminal available to the
public.
SECTION 2.03. PUBLIC HEARING. A public hearing will be conducted by
the City Commiesion at 7:00 P.M., or as soon thereafter as the matter .a. be heard, oo
Avgast 30, 2004, at City 11.11 Iocated at 175 West Warrov Avwue, Longwood, Florida,
i 8
to consider (A) creation of the Assessment Area, (B) imposition of Ore Maivtonance —
Assessments, and (C) coll¢etiov of the Maiatenanoe Aasossmevts pvrsuavt to the
Uniform Assessment Collection Act.
SECTION 2.04. NOTICE BY PUBLICATION. Upon completion of the
materials required by Saction 2.02 hercoQ the Assessment Coordinator shall publish a
notice efthe pablie hewing authorized by Section 2,03 hereof in the manner and the time
provided in SevNon 2.05 of the Ordinance Such notice shalt be in substantially the form
attached hereto as Appendix A.
SECTION 2.05. NOTICE BY MAIL. Upon completion of the matenals
required by Section 2.02 hereof, the Assessment Coordinator shall, at the time and in the
m e rspeeified in Seetton 2.06 of the Ordinance, provide first olnss mailed entice of the
public bearing authorized by Section 2.03 hereof to each real property owner proposed to
be assessed of the address indicated on the Tax Roll. Such notice shall be in substantially
the fom attached hereto as Appendix B.
ARTICLE ID
MAINTENANCE ASSESSMENTS
SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREA.
The proposed Golden Grove Maintenance Assess-e, A— shall include the real
property Iocatad within the Golden Grove Subdivision, as mots specifically identified in
Appendix C attached hereto. The Assessment Atea is proposed for the purpose of
enhancing the use and enjoyment of real property located therein by funding the
Maintananee Cost of the Golden Grove I.ccal Improvomente.
SECTION3.02. IMPOSITION OF MAINTENANCE ASSESSMENTS.
The Maintenance Assessments shall bo imposed against all teal property loeuted within
the Assessment Area for each Fiscal Year, other than Public Use Parcels, and shall be
computed in accordance with this Article III. When imposed, the Maintenance
Assessment for each Fiscal Yaar shall c,-6wt, a lion npon the Tax Parcels loaated in
the Assessment Area, p--t to the Ordinance.
SECTION 3.03. COMPUTATION OF MAINTENANCE
ASSESSMENTS. The annual Maintenance Assessments shall be, -pored for each Tax
Patcel located in the Aesessmwrt Area, other than Public Use P—N, io the manner eat
forth in this Section 3.03.
(A) ANNUAL MAINTENANCE COMPONENT. The "Annual Maintenance
Component" shall be calculated for each Fiscal Year for eacb Tax Pa by (1) dividing
10
(a) the Mnintenance Cont of the Golden Grove Local hop by (b) the total
number of Platted Lot¢ loc¢ted in the Assessment Area, end (2) multiplying the result by
the number of Platted Lets—ibutnble to auoh'fax Parcel.
(B) MAINTENANCE ASSESSMENT COLLEC'f'ION COST COMPONENT.
The "Maintennnce Assessment Colleotion Cost Component" shall be oomputed each
Fiso¢I Year for each Tax Pnroel by (1) dividing (a) the Maiuten¢nee Assessment
Collection Cosl by (b) the total number of Platted Lots Iocnted in the Asse o—1 At..,
and (2) multiplying the result by the number Platted Lots attributable to such Tnx Pnrcel.
(C) MAINTENANCE ASSESSMENT STATUTORY DISCOUNT AMOUNT.
The "Maintenance Asses .- StnEutory Discount Amount" shall be computed for o¢ch
Tax Parcel as the amount allowed by law as the maximum discount for early paymont of
ad vnlorent lazes and non -ad valorem assessments, such ¢mount to be e¢Icalated by
dad-iog (1) the sum of (a) the Armual Maintenance Component nod (b) the
Maintenance Assessment Collection Com Component, i— (2) the amount oomputed by
dividing (a) the sum of (i) the Annual M,nomnnee Component nod (ii) the Maintenance
Assessment Collection Cost Component, by (b) the factor of 0.96.
(D) MAINTENANCE ASSESSMENT. The annual Maintenance Assessment
for each Tnx Parcel sbell be oomputed as the s,, of (1) the Annual Maintenance
Component, (2) the Maintenance Assessment Collection Cost Component and (3) the
Maintenance Assessment Standoty Diswuat Amount.
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. METHOD OF COLLECTION. l ,e Maintenance
Assessments shall be collected pursuant to the Uniform Assessment Collection A,
SECTION 4.02. SEVERARILITY. If auy clause, section or provision ofthis
Resolution shall be deo7ared mtoonstiNtionol or invalid for any reason or cause, the
remaining portion of said Resolution shall be in full force and effect end be valid as if
such invalid portion thereof had not been ineorp—d herein.
(Remainder of page intentionally left blank]
SECTION 4.03. EFFECTIVE DATE, This Resolution shnll take effect
DULY ADOPTED this 2ad day of August, 2004,
CITY OF LONGW OOD, FLORIDA
-tm
H.G.'B-h"Bundy, Sr.
ATTEST:
6 f C
6 0
Sarah M. Mij nres, Ciry Jerk
Approved as to form and correctness:
/ /� /
Ric ard$. Taylor, ., City A cy
APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
xrore na�,� io, zone
[INSERT SMALL MAP OF ASSESSMENT AREA]
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF SPECIAL ASSESSMENTS
IN THE GOLDEN GROVE MAINTENANCE ASSESSMENT AREA
Notice is hereby given that the City Commission of the City of Longwood will
conduct a public hearing to consider m of the Golden Grove Maintenance
Assessment Area, as shown above, and imp-iition of special assessments to fund the
aimlen — costs of the Golden Grove Subdivision Wulls, landscaping, irrigation,
lighting and other related imp,,—o is within it,, Goldoa Grove Maintenance
Assessment Area. The hearing will be held at 7:00 P.M., or as soon thereafter as the
matter ran be heard, on A,V,t 30, 2004, at City Hall, 175 West Warren Avenue,
Longwood, Florida, for the purpose of receiving public comment ou the proposed Golden
Grove Maintenance Assessment Area and collection of the as meats ,o the ad
valorem tax bill. All affected real property owners have a right 0 ppear a[ the hearing
and to file written objections with the City Clerk anytime ptior to the public hearing. If.
person decides to appeal any decision made by the City Commission with 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 record is made, iuolnding tho t,stimony and evidmhc,
upon which the appeal is to be made In accordance with the Americana with Disabilities
Act, persons needing a special ac modiobo or an interpret,, to participate in this
proceeding should contact the City`, ADA Coordinator at 407/260-3481 a] ... 148 hours
prior to the date of the hearing.
The assessment "I each parcel of real property will be based on the number of
platted lots atmbutable to each parcel of real property within the pmpased Golden Grove
Maintenance Assessment Area. A morn specific description of the improvements and the
method of computing the assosemcn[ for each parcel of real property are set forth in the
Initial Assessment Resolution adopted by the City Commission on August 2, 2004.
Copies of the Initial Assessment Resolution and the preliminary Assessment Roll are
vailable for inspection at City Hull, lecated at 175 West Warren Avenue, Longwood,
Florida.
The assessments will be collected on tie ad valorem tax bill commencing with the
tax bill to be mailed in October or November 2004, as a,th,,ized by Section 197:3632,
Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued
against the real property which may result in a loss of title.
If you have aoy questions, please --t the City', A --Coordinator at
407/260-3475.
CITY OF LONGWOOD, FLORIDA
APPENDIX
FORM OF NOTICE TO BE MAILED
CITY OF LONGWOOD
175 West Warren Avenue
Longwood, Florida 32750
407f260-3440
Em
[Property Owocr Name]
[Street Address]
[City, State and tip]
Re: Parcal Number [Insert Number]
Golden Grove Maintenance Assessment Area
Dear Property Owner
The City of Longwood is-etideriag creation of the Golden Grove Maimtenance
Assessment Arse to impose apeeial as mama to fund the maintenance costs of the
Golden Grove Subdivision Walla, landacapiag, irrige[ioq lighting and other related
within the Golden Grove Maintenance Assessment A,— Tho assessment for
each parcel of real property will be based on the number of platted lots eft ib-ble to
eacb parcel of real property within the pmposad Gelder Grove Mainteeenee Assessment
Area. A m,,, pecifi, d—iptiom fthe improvements and the method efoomputing the
ment for each panel of mal property ar sel forth in the lmitial Asses—
Resolutiom adopted by the City Commission on August 2, 2004. Copies of rite lnitial
Assessment Resolution and the preliminary Assessment Roll are available £or inspection
at City Hall, located a[ 175 Watt Warren Avcnnc, Longwood, Florida. Imf—lion
regarding the assessment for yonr specific real property is attached te this letter.
The City intends to include annual assessments om yonr ad valorem tax bill with
the first payment on the bill to be mailed in Oeteber or November 2004. Failure to pay
your assessments will cause a tax certificate m be iswed against the real property which
may result in a loss of title. The City Commission will hold a public hearing at 7:00
P.M., ore soon thereafter as the matter aan be heard, on August 30, 2004, at City Hall
located et 175 West Warren Avenue, Longwood, Florida, for the puryose of receiving
newts om the proposed Golden Grove Maintenance Assessment Area, including
collection on the ad valorem tax bill. You are invited to attend and penieipate in 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 to t
any matter—idered al the hearing, you will need a record of the proceedings and may
need to ensure that a verbatim record is made, including the testimony and evidence op -
which the appeal is to — mode. In accordance with the Americana with Disabilities Act,
if you need a special accommodation or an interpreter to participate in this proceeding,
please contaot the City" ADA Coordinator at 407/260-3481 at least 48 hours prior to the
datee the hearing.
Qneations regarding your assessment and the process for collection may be
died to the City', Assoesmcnt Coordinator at 407/260.3475.
CITY OF LONGWOOD, FLORIDA
* * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * *
Colden Grove Maintenance Assessment Are.
[P,,p M 0.—, Nerve]
Panel Number [Insert Number]
Number of Platted Lots [Insert Amonnt]
Annual Assessment Amount [Insert Amount]
* ' " * * SEND NO MONEY NOW. 'THIS IS NOT AN INVOICE
APPENDIX C
DESCRIPTION OF PARCELS IN THE GOLDEN GROVE MAINTENANCE
ASSESSMENT AREA
APPENDIX C
DESCRIPTION OF PARCELS IN THE GOLDEN GROVE MAINTENANCE
ASSESSMENTAREA
CITY OF LONGWOOD, FLORIDA
INITIAL ASSESSMENT RESOLUTION
FORTHE
TIBERON COVE MAINTENANCE ASSESSMENT AREA
ADOPTED AUGUST 2, 2004
TABLEOFCONTENTS
PAGE
ARTICLEI
DEFINITIONS AND CONSTRUCTION
SECTION 1.01. DEFINITIONS_..........................................._................................I
SECTION 1.02. INTERPRETATION ........................ ....................
5
SECTION 1.03. FINDINGS .....................................................................................
5
ARTICLE II
NOTICE AND PUBLIC HEARING
SECTtON2.01. ESTIMATED MAINTENANCE COST ............. .....................8
SECTION2.02. ASSESSMENT ROLL ............. .._....._........... ........... .................8
SECTION2.03. PUBLIC HEARING.....................................................................8
SECTION 2.04. NOTICE BY PUBLICATION.._..................................................9
SECTION 2.05. NOTICEBYMAIL.............._............__.......................................9
ARTICLE II
MAINTFNANCEASSESSMENTS
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 TIBERON
COVE
MAINTENANCE ASSESSMENT AREA