Ordinance 04-1701ORDINANCE NO. 04-1701
AN ORDINANCE AMENDING ORDINANCE NO.Oi-7574
OF THE CTTY OF LONGNOOD, FLORIDA IN CERTAIN
RESPECTS IN ORDER TO ALLOW FOR'IHE LEVY OF
SPECULASSESSMENT6 TO FUND TAE OPERATION
AND MAINTENANCE OF LOCAL IMPROVEMENTS;
PROVIDING FOR SEVERABILI7'Y; AND PROVIDING
AN EFFECTIVE DA'Z'E.
NOW, TAERF.FORE, 6F. IT ORDAINED BY THE CITY COhtMISS[ON OF
THE CITY OF LONGWOOU, FLORIDA:
SECTION 1. GENERAL FINDINGS. Itis hereby ascertained, determined
and declared that:
(A) On June 18, 2001, the City Convniazion (the "Commission') of the City of
Longwood, Florida (the "City") warted Ordinance No. 01-15'14 (the "Assessmwt
Ordinance'), providing for the imposition ofspecial assessments [n Pond the conshvc[ion of
Loyal Impmvemems (ae such term is dcfned in the Assessment Ordinance) to specially
benef t oertaiv rwl property within the City.
(B) TOe Ciry demos to amend the Assessment OrdinancePoordu to allow for the
imposition of epeciel essesstncnts against specially benefited property to fund theopemtion
end maintenance of Local Improvemanls and other services as speeifed by tho I:n[ial
Assessment Resolutionf wch Assessment Area.
SECTION 2. AMENDMENTS TO ASSESSMENT ORDINANCE Tha
Assessment Ordinavoe is hereby amended as follows:
1
(A) The following definitions iv Section I.01 of the Assessment Ordinance are
hereby amended in their entirely to rend as follows:
"Assessment" means a special assessment imposed by the City
pursuant to this Ordinance m fund the Project Cost of Local Improvemmrts of
ih , (~nem ne Cos[ of Related Cen res.
"Assessment Area" means any oflhe areas created byresolution ofthe
City Commission pursuant to Section 2.01 hereof, that specially benefit from v
Local lmpro ement oiB§Iatad Serv
"Assessinenl Roll" means thespecial assessment roll relating to Local
Improvements or Related .~er~ees, approved by a Final Assessment
Resolution pursuant to Section 2.07 hereof or an Annual Assessmem
Resolution pursuant to Section 2.08 hereof.
"Assessment Unit" means the unitor criteria utilized to determine tl~e
Assessment for each parcel of property, ns set forth in the Initial Assessmem
Resolution. "Assessment Units"mayinclude, by wny ofexemple onlyand not
limitation, one era combination ofdre following: front footage, pinned loss or
parcels of record, Invd area, improvemem ar equivalent reaidentiel
connections, permitted land use, [rip generatimt rates, eights to Curare trip
generation capacity under applicable concurtency management regulations,
property value orany other physical characteristic or reasonably expected vae
of the property [hat is related to the Local Impmvemenv or Related Serv
be funded from proceeds of the Assessment.
"Rvm'a[hte Con" meavs all or an of th is hat ere
nerlvattn_~Avtayle to Relvted Cgrv~r,.GS Under ralvIva ceoteda c,zrr~v~n_
ai le.. including. without limitive the o erality of the fnre¢nine_
m mb th C'tv f FL d d 0 a f~R 1 t~~ Ce,~
rest on env interf~nd nr intrafnnd loan for such numnse.
el t d nd
Resolution for each Assessment Area
(B) Section 2.01 of theAssassman[Ordinance is harebyamended in ils entirety to
read as follows:
"SF.CT[ON 2.01. CREATION OFASSESSMENT AREAS. The 1
City Commsston is herebyauthorizedto create assessment areas in accordance
with tlreprocedurea set forth herein. Each Assessment Area shall encompass
only that property specially benefitted by the Local Improvements anNnr
rvices oropased for funding from the proceeds ofAssessments to be
imposed therein. hither (he Initial Assessment Reselution proposing each
Assessment Araa or the Final Aeaeeamem Resolution creating each
Assessment Area shall inolude brief descdptione of the proposod Local
Improvements and/or Reletul Rerv , a description of [ha property to be
inoluded within the Assessment Araa, and spocifc legislative Endings that
maognize Ore special benefif m bo provided by each proposed Local
Improvement and/or Related Service to propartywifltin the Assessment Area."
(C) Section 2.02 ofthe Assessment Ordinance is hereby amended iv its entirety to
read as follows:
°SECTION 2.02. ASSESSMENTS. TheCity Commission is hereby
authorized to impose Assessments against property located within an
Asssssmen[ Area to fund the Project Cos[ of Local hnpmvements and the
OngraNne Cost. of Related Senssa. The Assessment shall be computed in a
mvrvor that fairly end reasonably apporEions the Project Cost among the
parcels of property within the Assessment Arse, based upon objectively
determinable Assessment Units."
(D) Section 2.03 of the Assessment Ordinance is herebyamended in its wtirety to
read as follows:
"SECTION 2.03. INITIAL ASSESSMENT RESOLUTION. The
initial pmceedivg for creation of an Asaessmrart Area and imposition of en
Assessment shall be[ha City Commission's adoption of'an Initial Assessment
Resoluttov. The]nitial Asseaemem Resolution shell (A) describethepraperty
to be Iooated within the proposed Assessment Area; (B) desecibe Oro Loeel
Improvement g9~gr.J3ela[>d e rv proposed for (ending from proceeds of
the Assessments; (C) esnmate the Capital Cost, er Project Cost~Qggla~jpg
Lssi; (D) describe with particularity theproposed method of apportioning the
Capital Cost, oaPmject Cost (h+ a n C ct among theparcele ofproperty
located within the proposed Assesemev[ Area, suoh that the owner of any
parcel afproperty can objee[ivoly dotcrmine the number of Assessment Onib
and the amount of the AssessmenC (E) dascribo the provisions, if any, for
acceleration and prepayment ofthe AesessmenT, (P) describe the provisions, if
any, forreallocating [ha Assessmevt upon future subdivision; and (0) include
specific legislarive findings that recognize the fnimess provided by the
apportionment methodology."
(E) SacHon 2.11 ofthe Assessment Ordinance ishereby amevded in ita evtirelym
read ae follows:
"SECTION 2.11. REVISIONS TO ASSESSMENTS. If any
Assessment made under [he provisions of tbis Ordinance is either in whole or
in part ¢nnulled, vacated or set aside by [ha judgmovt of any oourt, or if the
City Commission is satisfied that nny such Assessment is so irzegular or
defective Hra[ dre same cannot be enforced or eollectad, or if the City
Commission boa failed [o ivcludeany property on the Assessment Roll which
properly should have been so included, the City Commission may take all
necessary stopv to imposea new Aseessnrentageinst any proprxtybevafitteA by
the Local Improvement or Re4~gt d 4ervice. following ae nearly as may be
practicable, the provisions of this Ordinance and in case such second
Assessment is annulled, the City Commission may obtain and impose other
Aesessmevts until a valid Assessment is imposed."
SECTION 3. SEVERABILITY. If any portion of tiffs Ordinance is for any
re¢aon held or declared to be uneonetiNtional, ivoperativa or void, such holding shall not
¢ffect the remaining portions of this Ordinance. If this Ordinance of any provision thereof
shall be held to be inapplicableto any person, property or circnmsmnces, such holding shall
not affect its applicability to any othu person, property or cirevrostanees.
SECTION 4. A85F.SSMENT ORllINANCE TOCONTINUE SN FORCE.
Esoept as herein expmssly provided, the Assessment Ordinance and all [he Terms and
pcovrsione [hueof ore and shell remain iv Cull Lorca.
SECT[ON S. ERFECTIVE DATE. This Ordinance shill bewmeeCFective
immediately upon its fnvl adoption.
Read by title only in public session the2l st day of June, 2004.
PASSED AND ADOPTED on the second and final reading in public session thin
19th day of July, 2004.
CI'CY OF IANGNOOD, FLO2IDA
~.
H.G."Bu~
roh" Bundy, Ma or
ATTEST:
Sarzh h'.. Mijeres, Ciry Clerk
Approved as to form and correctness:
Rich rd aRich rd a-~ey