Resolution 04-1100RESOLUTION NO.04-1100
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, DESCRIBING THE
REAL PROPERTY TO BE LOCATED WITHIN THE
PROPOSED TIBERON COVE MAINTENANCE
ASSESSMENT AREA; DETERMINING THAT SUCH
REAL PROPERTY WELL DERIVE A SPECIAL BENEFIT
FROM THE MAINTENANCE OF THE TIBERON COVE
LOCAL IMPROVEMENTS; DETERMINING THE
ESTIMATED MAINTENANCE COST OF THE TIBERON
COVE 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 this Resolution, the following
terzns shall have the following meanings, unless the context hereof otherwise requires.
Any capitalized terms net defined herein shall have be meaning ascribed m such terms in
the Ordinance.
"Annual Nllilltlnluce Component" no— the --in —polod for each T,,
Parcel p,,,,,t 1, S-wo 3.03(A) li—of.
"A---t Coordinator" the person designated by the City
Commission to be responsible to, coordinating Maintenance AssassmenYs, or such
persods &sigoto,
A—" -- the proposed Tiber.. C... Maintenance Aesessnrent
Aran described in Section 3.01 h—f.
"Assessment R,11" means , ,,-,d valorem --mt roll relating to th,
Mifi--, Cost ofthe Tilb— C... Local Improvements .,d related expenses.
"City" —, the City of Longwood, , municipal corporation duly organized and
validly existing under the 1— of the State of Florida.
"City Aft—ty- . ..... the City, Attorney, or such pm,,', designee
"City th, City Commission of tbo City.
"Final A,,u,,,,,,,t R Intio," -- the —lotion described in Sections 2.07
of the Ordinance that imp— th, Assessments within the A--oin Area.
"Fiscal Year" means th, p,,i,d commencing on October I of each y.. and
—ti-ii, through the naxt succeeding September 30. .. such other period a may be
prescribed by low as the fiscal year to, in, City.
"Government Property" means real property —d by the United St— of
America, fee State of Flonda, e county, , special dim -Jet, a municipal comotati- or any
of their agencies or political subdivisions.
"Maintenance" I the operation and maintenance of the Tib— Co,, Local
fi,,p—em-1s, iii.1,idiag cleaning, repairing, imleitig landscaping and similar s—ee..
"MAmt ...... Assessment" .— .. annual special a,,mmt imposed ng,inst
,e.1 property 1,a,td within the Asa —t Area to ffi,,d the Maio -a— Coal If the
Tiber.. Co,a L..l Improvements, and related emsm—, momioed it, the ...e,
d—fibed i. Section 3.03 he—f.
"Maintenance A,,,,,.,bt Colilltill, Cost" means the Itlionaled cost to be
meamd by the City during any Fiscal Year in convection with the wllactiov of the
Mtomeama, Assessment.
"Maintenance Assessment Collection Cost Component" the amount
,,,p,t,d for each To, Meet fatem-t to S,me, 3.03(B) hereof.
"M.i,ita ... ea Cast" means all or any p.,fi.a of the expenses that .re properly
attributable to Waoaaa,ae -de, generally accepted .,-.i.g pneeipsk, including,
without limiting the generality of the f .. gbog, funding , wall repair reserve seemot to,
the Tibem Cove Subdivision Walls, mimb ...... t to the City to, any ffiad, advanced
for Maim -a— and interest on any i.tltffid or im,matel I.am be, such p.M,,,.
"M.I.ta .... e A..a.a.t Statutory Discount Amount" me., the amount
computed to, each T- Parcel p,,,,mt to Soeb- 3.03(C) be—E
3
"Ordinance" means Ordinonee No-01-1574 enacted by the City Commission on
June 18, 2001 . as .mended and supplemented by Ordi..... No. 04-1701, enacted by the
City Commission on Jnly 19, 2004.
"Platted Lot" means asingle-Family residential Miding lot loomed in the
Assessment Area that is described on a map or plat recorded in the Seminole County
Official Roe., .
"Property Appraiser" mean.., the Seminole County Property Appraiser.
"Public Use Parcel" means nny Planed Lot located within the Assessment Area
that is used for public purposes and does not reoarve a special benefit fmm the
M.int....... including, but not limited to, Oovemment Property, retention arcs, righta-
of -way and utility easements.
"Tax Parcel" means a parcel of real property to which the Property Appraiser has
assigned a disti.ot ad valorem property tax identification number.
"Tax Roli" means the real property ad valorem tax assessment roll maintained by
the Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
"Tiberon Cove Local Improvements" means lbe irrigation, landscaping, street
lighfing, the Tiberon Cove Subdivision Wells and in,, related improvements boated in
and adjacent to the Assessment Area.
"Tiberon Cove Subdivision Walls" means the two 20' long winged walls
abutting West Church Avenue previously constructed along the western boundary of the
Assessment Area, including related signage.
4
"Uniform Assasemeto Collectitt, Act" means Sections 197,3632 and 197.3635,
Florida Statutes, or any meemm, statutes authorizing the -II-b- ofnon-ad valomm
Maintenance As—mects on the same bill as ad valotwn taxae, and any applicable
regulations pr,,,Ig,wd tb,,c,.dc,.
SECTION 1.02. INTERPRETATION. Lbtles, the eontexE itidimIn
otherwise, d, importing the sitimW to -be, i,,Id, the plural number, and vice
.... ; the terms "hereof," Ite,cb," shc,ciii," `hetct.," "It—itec," and siodil., o—os
,f,, to this Resolution; and the term "hereafter" means after, and the — b—tedfiec"
— before, the effective d- of this Resolution. Wco& of any gender i.,I,d, the
—I.twc —d, toffee other gctebcr, unless the sense indicates otherwise.
SEC'ITON 1.03. FINDINGS. It is hereby --ffied, determined and
declared that
(A) P—sm to Article VTJ, S,,ti,, 2(b) of the Florida Cm,tibofi- and
Som-, 166.021 and 166,041, Florida Statutes, the City Coolemissian on all pe—, of
local elf-g—tomem to perform municipal functions end to m,d,, teemcip! —i...
—clet when prohibited by Is, and such p— may be exercised by the e—clocid of
logisloid.n in the f— ofCiIy -dio—ces.
(B) The City may cxcolise any gotmomemil, —p—, or
proprietary p,,,c for . municipal purpose except when expressly prohibited by h-, and
the City C.—mi- may legislate on any sobject come, on which lhre Logisl— sy
set, —cm those subjects described i, (i), (b), (,), sad (d) of Scmm 166.021(3), Florida
5
Siotio.. The subject matter of po,agoph, (.), (b), (,), and (d) of Sofim 166.021(3),
Florida St-tt, is not relevant to imposition If Mli,Wlmll A —It— related to
Local Improvements within the City.
(C) The City C,,,,ii,, has enacted the Coli—to to pm,id, to, the creation
of Assessment A (,, defined i. the Ordinance) and auffi,fioo the ip.,ifi,. of
A.--- to fund (1) the construction of L-1 fiopo,—.. . benefit the —1
property I ... t,d therein and (2) the oast of operating and mai,tai.iIg L—)
J.P.-.-,
(D) The City C.—mi- desires to —to the Tib— C— Moi,to.-oo
Ms—Itoit Area as an A—.- Area wader the Ordinance to fend the M.mt .... I,
Co. If the Tflb— Colo L.o.1 1p .. —o— The Tib—I Co- L-1 eoosdtute , L-1 hIpm—It as defined i, the Ordinance and the M,mt—oo C-
Ioo,ti— the Op —mg C- ofR,I,t,d S--, , defined i, the Ordinance.
(E) The Assessment A— i,,Mea only Platted Lot, .... d to, single-family
residential I- N— of tho —] property 1—d MINI the Assessment A— i, ..d f.,
multi-f,mily residential, commercial or other m-
(F) M.i--- of the Tib—I C-. Local lo,p—.— will provide
,P,,i,l benefit to all Platted L- located ,ithi. the A-111t Area by mp—big and
,,ho.6.g the exterior subdivision b ... d,ri,,, the interior subdivision —, the
subdivision identity sod the subdivision —hews and safety, thus enhancing the -I-,
,,, and enjoyment of ... h —1 property. Due m thei, use, Public U,, Parcels will
d,H,, especial benefit be, the Maintenance.
(G) finch Plaited Lot wiffim the Assessment Area will derive he —e special
benefit from Maintenance of the Tiberon Cove Local Improvement. Accordingly, it is
N, and reasonable t, apportion the Maintenance C- of the Tib... C— Local
Improvemems equally among each Platted Lot within Assessment Area.
(!a) Tb, City C,..ii,, heteby finds and determines that the Wimeteme,
Assessment, m be imposed in ac... dmee with this R—Imitm, provide an equitable
method of funding the Maintenance by fairly and reasonably al locating the cost based on
the T,,i,l benefit d,fi,,d by the —I property, in the manner hereinafter described.
ARTICLE 11
NOTICE AND PUBLIC HEARING
SECTION 2.01. ESTIMATED MAINTENANCE COST. The estimated
Maintenance Cost of the Tiberon Cove Local Improvements is $5,570 per Fiscal Yee,
The Maintenmroe Cost of the Tiberon Cove Lovol ImpIovements will be Pooded through
the imposition of Mainenence Assessments ng,inst real property located in dre
Assessment Area in the manner set forth in Adicle ITT hereof.
SECTION 2.02. ASSESSMENT ROIL. The Assessment Cootdm- is
hereby directed to prepate a f—I estimate of the Maintenenee Cost of the Tiberon Cove
Local Improvements end to prepare the prellminaty Assessmem Roll in the manner
provided in the Ordinance. The Assessment Coordinator shall apportion the Maintenance
Cost of the Tiberon Cove Local Improv¢ments among the parve1, of real proporry within
the Assessment Area as reflected on the Tex RoII in eonfomrity with Aniele ITT hereof.
The estimate of Maintenance Cost and the Assessment Roll shall be maintained on file at
City Hall and open to public inspection. The foregoing shall not be construed to require
that the Assessm¢nt Roll be in printed form iftho emount of the Maintenance Assessment
for each Tax Parcel can be determined by use of a computer terminal available w the
public.
SECTION 2.03. PUBLIC HEARING. A public headng will be conducted by
the City Commission eI 7:00 F.M., er as soon th—eafter as the mallet can be heard, on
August 30, 2004, at City Ha]] Weird et 175 West W—n Avenue, Longwe¢d, Florida,
8
to oonsider (A) ote,two of the Assessment Ate,, (B) imposition of the Maivtevauce
Assessments, and (C) Mlectioo of the Maintenance Assessments pureoavt to the
Uniform Assessment Collection Act.
SECTION 2.04. NOTICE BY PUBLICATION. Upon completion of the
m,[atials ragv'ved by S-wo 2.02 hereof, the Assessment Coordinator shall publish a
nohee fthe public headmg ,,th,,i,,d by Seetioo 2.03 hereof in the manner end the time
pmvided in Section 2.05 of the Oolinance. Svch notice shall be in a,b—tmlly the forth
attached hereto as Appendix A.
SECTION 2.05. NOTICE BY MAIL. Upon o,,pl,ti,, of th, materials
required by Section 2.02 hereof the Assessment C000lmlot shall, at the limo and in the
manner specified iv Section 2.06 of the O,dinance, provide first olm, mailed v,ti,, of the
public bearing authorized by Section 2.03 hereof to each real property otwer proposed to
be assessed at the riddles, indicated oo the Tax Roll. Such notice shell be in substantially
the form —ohM hereto es Appendix B.
ARTICLE III
MAINTENANCE ASSESSMENTS
SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREA.
The proposed Th, Cove Maintenance Assessment Area shell mehele the real
pmperty located within the Tiberon Cove Subdivision, as more epeoifieally identified he
Appendix C attached hereto. The Assessment Area is proposed for the purpose of
enhnuoing the use and enjoyment of real property loanted therein by funding the
Maimenance Cost of the Tiberou Cove l..ocaI Improvements.
SECTION3.02. IMPOSITION OF MAINTENANCE ASSESSMENTS.
The Maintenance Assessments shall be imposed against all reel property located within
_ the Assessment Area for each Fiscal Year, other than Public Use Parcels, and shall be
computed m accordance with this Artiele Ill. When imposed, the Maintenance
Assessment for e,eh Fiscal Yem shall constitute alien upon the Tex Parcels located m
the Assessment Area, pursuant to the Ordinance.
SECTION 3.03. COMPUTATION OF MAINTENANCE
ASSESSMENTS. The annual Msimteoanoe Assessments shall be computed for each Tax
Parcel loomed m the Assessment Area, other than Publie Use Parcels, m the manner set
forth in this Section 3.03.
(A) ANNUAL MAINTENANCE COMPONENT. The "Annual Maintenance
Component" shall be calculated for each Fiscal Year for each Tax Parcel by (1) dividing
10
(a) the Maintenance Cost of the Tiber.. Cove Local Improvements by (b) the total
number of Platted Lots located iv the Assessment Area, and (2) nmlliplymg the result by
the number of Platted Lots attibutable to such Tax Parcel.
(B) MAINTENANCE ASSESSMENT COLLECTION COST COMPONENT.
The "Maintenance Assessment Collection Cast Component" shall be computed each
Eiseal Year for each Tax Parcel by (1) dividing (a) the Mairdemivce Assessment
Collection Cost by (b) the total number of Platted Lec located in the Assessment Area,
and (2) multiplying the result by the number Plotted Lots attributable to such Tax Parcel.
(C) MAINTENANCE ASSESSMENT STATjJTQ9Y DISCOUNT AMOUNT.
The "Maintenance Assessment Stamtory Discount Amount" shall be competed for each
T'ax Parcet as the amount allowed by law as the maximum discount for early payment of
ad valorem taxes and non -ad valorem assessments, such amount to be calculated by
doductivg (I) the sum of (a) the Annaal Maintenance Compoaent avd (b) the
Maintenance Assessment ColleUion Cost Component, from (2) the amount compared by
dividing (a) the sum of (i) the Annual Maintee.. Component and (ii) the Maintenance
Aesea-- Collection Cost Component, by (b) the factor of 0.96.
(D) MAINTENANCE ASSESSMENT. The annual Maintenance Assessment
for each Tm Pareel shall be computed as the som of (1) the Annual Maiv[enenee
Component, (2) the Maintenance Assessment Collection Cost Component, avd (3) the
Maintenance Assessment Statutory Discount Amount.
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. METHOD OF COLLECTION. The Maiml--
Assessments shall becolleeted pursuant to the Uniform Assessment Collection Act
SECTION 4.02. SEVERABILITY. If any clause, section or provision of this
Resolution shall be declared mncornvtiNtional or invalid for nmy reason or pause, the
remntning portion of said Resolution shall be in tbll foroe end effect and be valid as if
—1, invalid portion thoreof hnd pot been incorporated herein.
[Remainder ofpago intentionally left blank]
SECTION 4.03. EFFECTIVE DATE. This Resolotion shall take offect —
DULY ADOPTED this 2�d day of Mg.st, 2004.
CITY OF LONGWOOD, FLORIDA
H.O.'B-h" Bundy, Jr., Mayo
ATTEST::/
Sarah I.1. Mijare Ci[ ter
Approved as to form and colrecmess:
Richard S. Taylor, Jr., City ey
APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
before Augus�t0, 20na
)INSERT SMALL MAP OF ASSESSMENT AREA)
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF SPECIAL ASSESSMENTS
IN THE TIBERON COVE MAINTENANCE ASSESSMENT AREA
Notice is hereby given that the City Commissioi of the City of Longwood will
e,nd,ot a public hearing to consider m of the Tiben Cove Maintenance
Assessment Area, aorty s shabove, and impoeitrim
on of special ....meo. to fund the
ainlenanw eest, of the Tibemn Cove Subdivision Walls, landscaping, irrigation,
lighting and other related improveme,ts within the Tibemn Cove Maintuhance
Assessment Are,. The hearing will be held at 7:00 P.M., or as soon thereafter as the
matter can be heard, on August 30, 2004, of City Ball, 175 West Warren Avenue,
Longwood, Florida, for the purpose of receiving public co ment on [he proposed
Tibemn Cave Maintenance Assessment Area and collection of the assessments on the ad
valorem W, bill. All affected real property owners have a right to appear a[ the h... mg
and to file written objections with the City Clerk anytime prior to the public hearing. If.
person decides to appeal toy decision made by the City Co—i.m., with respect m any
matter considered at the hearing, such person will need a record of the proceedings and
may need to ensure that a verbatim ree el is made, hw edieg the testimony and evidence
,po, which the appeal is to be made. hr —el.... with the Ameri.ans with Disabilities
Act, persons needing a special accommodation or an iatarpretor to participate to this
proceeding should ...tact tho City, ADA Coordinator at 407/260-3481 at least 48 h—
prior to the date of the hearing.
The assessment for each parcel of real property will be based on the number of
platted lots attributable to etch p,mel of real property within the pmposed Tibet- Cove
Maintenance Assessment Area. A more specific description ofllhe impewemeets and the
method of computing the assessmeot for each pmeel of real property to, set forth io 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
v h ble for inspeetio, at City Hall, located at 175 West Warren Avenue, Longwood,
Florida.
Tha aeseaements will be collected oo the ad valorem tax bill oommen.iog with the
tax bill to be mailed in October or November 2004, as authorized by Section 197.3632,
Florida Statutes. Failure to Pay the assessments will case a tax certificate to be issued
against the real property which may result in a loss of title,
If You nave avy questions, please contact tho Cit" Assossment Cootdinntor at
4071260-3475,
CITY OF LONGWOOD, FLORIDA
APPENDIXB
FORM OF NOTICE TO BE MAILED
CITY OF LONGWOOD
175 West Warren Avenue
Longwood, Florida 32750
407260-3440
I 1 �
(Property Otwer Name]
[Street Address]
[City, State and zip]
Re: Paroel Number[Inserl Numberj
Tibe— Cove Maimtenovee Asse —, A—
D... Property Owner:
Tha City of I—gwood is cm,idori,g creation of the Tiberon Cato Maid,.....
Assessment A— to impose special aseessmed. to thud the maintenance costs of the
Tiberon Cove Subdivision Wal]s, landscaping, irrigation, lighting and other related
within the Tiber.. Cova Maintenance Asse-- Area. The assessment for
each pmcel of real property will be based ov Ote .umber of platted lots attributable to
each paroeI of mat property within the pmposed Tibaroa Cove Maintenance Assessment
Area. A.— speoific description of tho impmvemeds and the method of computing the
matt fur each parcel of real propetty are set forth in the Initial Assessment
Rosolutiot adopted by the City Commission on August 2, 2004. Copies of the Ititi.l
Assessment Resolution and the preliminary Assessment Roll are available for inspection
at City Hall, located at 175 West Warren Avenue, Longwood, Florid.. information
mgardivg the aseaeement for ytor specific reel property is attached to this letter.
The City intends to include animal ueeasments on your ad valorem tat bill with
the fml payment on the bill w be mailed it Ocmber or November 2004. Failure to pay
your assessments will ..... a tau certificate to be issued ag,i.,t the real property which
may result it a loss of tit]e. The City Commission will hold a public hearing at 7:00
P.M., or as soon thereafter as the mafte, can be heard, on August 30, 2004, at City Hall
located at 175 West Warren Avenue, Longwood, Florida, for the purpose of receiving
menu on the p.p—d Tibemt Cove Maid....c Assossmevt Area, including
collection ov Arc ad valorem - bill. You am invited to attend and participate in the
public hearitg or to file written objections with the City Clark atyf— prior to the public
hen ing.
If you decide to appeal any decision made by the City Commission with respeot to
any matter considered at the hearing, you will need a record of the proceedings and may
need to erasure that a —bntim record is made, including the testimony and evidence open
which the appeal is to be made. In ecord— with the Ameri.nns with Disabilities Act,
if you need a special accommodation or en intorpreter to participate in this proceeding,
please ...tact the Ciys ADA Coordinator s 407/260-3481 at Ieast 48 hour. prior to the
date of the hearing.
Questions regarding your ae ment and the process for collection may be
dheeled to the City`s Assessment Coordinator at 407/260-3475.
CITY OF LONGWOOD, FLORIDA
* * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE
Tiber,,, Cove Maintenance Assessment A —
[Property Owner Name]
Parcel Number (Insert Number]
Nnmber of Platted Lots [Inserc Amount]
Annual Assessment Amount [Insert Amount]
* * * * SEND NO h1ONEY NOW. THIS IS NOT AN INVOICE
APPENDIX C
DESCRIPTION OF PARCELS IN THE TIBERON COVE. MAINTENANCE
ASSESSMENT AREA
APPENDIX C
DESCRIPTION OF PARCELS IN THE TIBERON COVE MAIN'PENANCE
ASSESSMENT AREA
APPENDIX C
DESCRIPTION OF PARCELS IN THE TIRERON COVE MAINTENANCE
ASSESSMENTAREA