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Ordinance 02-1604CITY OF L ONGW OOD, FLORIDA ORDINANCE NO.02460A AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA. RELATING 'CO THE CONSTRUCTION AND FUNDING OF THE WASTEWATER COLLECTION FACILITIES; CREATING THE INITIAL WASTEWATER ASSESSMENT AREA AND DESCRIBING THE PROPERTY TO BE LOCATED THEREIN; DESCRIBING THE PROJECT COST OF THE WASTEWATER COLLECTION FACILITIES CONSTRUCTED THEREN; PROVIDING DEFINITION' AND FINDINGS; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITTED BY THE WASTEWATER COLLECTION FACILITIES; ESTABLISHING THE METHOD OF ASSESSING THE COSTS OF THE WASTEWATER COLLECTION FACILITIES; ESTABLISHING THE MAXIMUM AMOUNT OF THE ANNUAL ASSESSMENT IMPOSING ASSESSMENTS AGAINST PROPERTY WITHIN THE INITIAL. WASTEWATER ASSESSMENT AREA; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE ASSESSMENTS; ESTABLISHING OTHER TERMS AND CONDITIONS OF THE ASSESSMENTS; ESTABLISHING PROCEDURES FOR THE CORRECTION OF ERRORS AND OMISSIONS; PROVIDING THAT ASSESSMENTS CONSTCCUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF THE ASSESSMENT ROLLS; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE ITORDAINED BY THE CITY COMMISSION OF THE CITY OR LONC.WOOD, FLORIDA: 'FABLE OF CONTENTS ARTICLE I INTRODUCTION SECTION LOL DEFINITIONS- ............ ............ ............. SECTION 1.02. INTERPRETATION AND CITATION .......... SECTION 1.03. GENERAL FINDINGS._....__._._..................................._...7 ARTICLE 11 ASSESSMENTS SECTION 2.01. PROJECT COST AND DESCRIPTION SECTION 2.02. CREATION OF ASSESSMENT AREA SECTION 2.03, IMPOSITION OF ASSESSMENTS..............12 SECT ION 2.04. PREPAYMENT AMOUNTS ............_......_.._..._......._...........14 SECTION 2.05. COMPUTATION OF ANNUAL ASSESSMENTS.........._..._ I4 SECTION 2.06. INITIAL PREPAYMENT OPTION_......._._......................._.I6 SECTION 2.07. ADDITIONAL PREPAYMENT OPTION... ............................17 SECTION 2.08. MANDATORY PREPAYMENT_ ............... .......... ........_......_ 17 SECTION 109. REALLOCATION UPON FUTURE SUBDIVISION .......... IS SECTION 2. 10. ASSESSMENT ROLL ...._..._........_._..._............ ..................... 21 ARTICLE III COLLECTION AND EFFECT OF ASSESSMENTS SECTION 3.01. METHOD OF COLLECTION AND ANNUAL ASSESSMENT RESOLUTION._............__.............._..___22 SECTION 3.02. EFFECT OF THIS ORDINANCE..._................................._._23 SECTION 3.03. LIFE OF ASSESSMENTS.._..._._23 SECTION 3.04. ASSESSMENT NOTICE_ ......................................._.._........... 23 SECTION 3.05. REVISIONS TO ASSESSMENTS........_............................._.24 SECTION 3.06. PROCEDURAL IRREGULARITIES.......................................24 SECT ION 3.07. CORRECTION OF ERRORS AND OMISSIONS......._.._._...25 ARTICLE IV GENERAL PROVISIONS SECTION4.01. ALTERNATIVE METHOD_..........._..._.............._.._.........._.27 SECTION 4.02. CONFLICTING PROVISIONS...................._......._....._........._27 SECTION 4.03. SEVERAHILITY........ 27 SECTION 4.04. EFFECTIVE DATE.............._..._..._..._..._........_..._..._.._...._28 ARTICLE 1 INTRODUCTION SECTION 1.01. DEFINITIONS. When used to to, Odin,,,, the lbllowing terms shall have the following meanings, unless the co —clearly requhe. otherwise: "Adjusted Prepayment Anmunt" means the amount required to prepay the Assessment for each Tax Parcel located hr the Assessment Area as computed p-- Section 2.04D) h—f and revised annually pursuant W Section 2.05(E) hereof "Annual Debt Service Component" means the amount computed for each Tax Pmnel pursuant to Section 2.05(A) hereof. "A—W Assessment Resolution" means the resoMm described iv Section 3,01 hereof, approving an Assessment Roll for a specific Fiscal Year. "Assessment" means m annual special azsessment imposed agahtst property located within the Assessment Area to fund the P ject Cost of Wastewater Colleotioo Facilities to serve the Assessment Area and elmed expense.., computed It the — described in Section 2.05 hereof "Assessment Area" means the proposed Initial Wastewater Assessment Area descdbed in Section 2.02 hereof. "Assessment Coordinator" means the person desigoated by llte Cary Commission to be rasp—ible for e—dvatiog Assessments, or such person'. designee. "Assessment Roll" means a nonad valorem assessment mll relating ro the Project Cost ofth, Wastewater Collection Facilities and tclared expenses. "City" means the City of Longwood, a municipal w poadon duly organized and validly existing mile, the laws of the Sw, ofF),H& "City Administrator" means the City', Administrator, or such person', designee. "City Attorney" means the City's Anomey, or such person', designee. "City Cl,,V shall mean the offeiW customan of all City records and papers of an official charaGer, e, such persons designee. "City Commission" means the City Commissioe of the City of Longwood. "City Investment Rate" means the City', average invesbnent ate based on monthly statements received for its imes'trnenls for the month or monde for wtueb the investment rate is being calculated. "Collecdon Cost" means the esdrrmted cost to be incurred by the City during any Fiscal Year m e—cdon with the collection oFAs—mee.. "Collecdon Cost Component" means the amount computed for oech Tax Parcel pursuant to Section 2.05(B) hereof. 'Ti nancal Services Director" means the Financial Services Director of the City, e, such person', designee. "Fi—I Y—" means the period commencing on October I of each year and continuing though the next succeeding September 30, or such other period as my be prescribed by law as the fiscal year for dw City. "Initfal Prepayment Amonnt" means the amount computed pursuant Section 2.04(A) hereof for each Tax Parcel located to the Assessment Area to prepay the Assessment "Institutional Property" memts Tax Parcels that have a Depamneat of Revenue Code of"70" through "7T' as of the enactment of this Ordinance, as well m those parcels which shall be reclassified as such pursuant to Section I.03(P) I—E "Ordinance" means dvs Initial Wastewater Assessment Area Ordinance. "Parcel of Record" means as mplatted parcel of record or a subdivided Platted Lot m existence on the eff tive deteof this Ordinance. "Platted Lot" means a building lot described on a map or plat recorded in the Seminole County Official Records on apric to the.eff rive date ofthbi Cali —Project Cost" means (A) the Wastewater Development Assistance Fee (which represents the portion of the cost of eommating the Wastewater Collection Facilities for wldch the City now seeks rdiaburs ,a), (B) the Wa c.— Capacity Charge previously paid by the City to Seminole County, (C) the Wastewater Coaaection Fee, and (D) the cost incurred by the City to impgse the Assessments "Property Appraiser" means the SlIamle County Property Appraiser. "Resolnfion of Imeot" means the resoludoa expressing the City Commissimts intent w collect Assessments on the ad valorem tax bill required by the Uniform Assessment Collection Act. "Statutory Discount Amount" means the amomt computed for each Tax Parcel pmsaant to Secfioa 2.05(C) hereof "T'ax Collector" means the Seminole County Tax Collector. "Tax Parcel" means a parcel of property W which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" 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. "Uniform Assessment Collecfinn Act" means Smfions 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem faxes, and any applicable regulations promWgated thereunder. "Wastewater Capacity Charge" means the wastewater treatment capacity capital charge tbat has been paid by the City w Seminole County for each Tax Parcel in fhe Assessment Area. "Wastewater Collection Facilities" means the wasfewafu collection fucilihes required for the City to provide wastewater collection service to fe pmparty located in the AsaessmentAfee. "W--ten Cmwecoen Fee" means the cost related to to Wcstewatu Colleet ov Facilities, incurred by the City for maPerials end labor m connect (A) a lateral Wre to each pmpefty line, and (D) the property owners bo lding to the lateral live, if applicable. "Wastewater Development Assi— Fee" means the f esmblisbed by the City m the Citys Wastewat,, Policy Colic— whey the Wastewater Collection Facilities were coese-oeted as the portion of the cost of coesnuetiog the wastewater wlleciion facilities to be paid by cesmmers ofthe Ciw. "Wastewater Policy Ordinance.. means Chapter 23, Public Utilities of the Cie} s Code, es amended and supplemented by City Ordinance Nos. 01-1563 and 01-1593. SECTION 1.02. INTERPRETATION AND CITATION. (A) Unless the context indicates otherwise, words irnportivg the sivgi io, number include the piuml number end vice versa; the Cemrs "hereof," "hereby;' "herein," "hereto;' "hereunder" and slmlar terms refer m this Ordbauee; and the term "hereafter" means aft,,, and the term "heretofore" means berme, the eff five date of this Ordinances Words of any gender toclede th...1ative words ofthe ,be, gwder, unless the sense indicates otherwise (B) This Ordinance, being necessary for the welfare of the inhabitants of the City, pamce1c,ly the owners of pmpeM located within the Assessment Area, shall be Ibetolly construed to effect the proposes hereof. (C) This Ordinanceshall be 1,b—andcited m the"initial Wastewater Assessment Area Ordinance°• SECTION 1.03. GENERAL. FINDINGS. It is hereby as Rained, der boo i and declared it.,; (A) Pursuant to Article Vill, Section 2(b) of the Florida Com6wfioa and Sections 166.021 and 166.041, Florida Statutes, the City Commission has governmental, corp— and proprietary powers to enable it to conduct municipal government, perfomh monicipal functions and render municipal services. The City Commission is permitted ro exercise any power for municipal purposes except w otherwise provided by law and such powers may be exercised by theenacbnent of legislation in the form of municipal nod -ems. (B) The City Commission may exercise any govo.—bil, corporate, or proprietmy power for a municipal purpose except when expressly prohibited by law, and the City Commission may legisl- on any subject matter on which the Florida Legislature may act except those subjects described m (a), (b), (e), and (d) of section 166.021(3), Florida Stamies. The subject matter of paragraphs (a), (b), (c), and (d) of section 166.021(3), Florida S-ites, are not relevant w the hnposition of the Assessments to fimd the Projwt Cost of the Wastewater Collection Facilities within the City. (C) The —wets imposed pursuant to thus Ordmance will be imposed by the City Commission, not the Property Appraiser e, Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this Ordinance shall be c o—M solely as uunisteriel. (D) Over the past several years, the City has financed and eemo cted the Wastewater Collection Facilities to serve property located in the Assessment Area with the requirement o£mimbursement from doe property owners. (E) The Project Cost m be assessed against each Tax Parcel to the Assessment Area includes the Wastewater Development Assistance Fee payable by such Tax Parcel when the Wastewater Collecdon Facilities were e—ted. (F) Upon eor ti- of the Wastewater Collection Aacillues, the City paid Wastewater Capacity Charges w Seminole County for ell Tax Parcels within the Assessment Area with the expectation of,einebmsement from the property owners. (G) The Poject Coet to be assessed agaiast each Tax Parcel ie the Assessment Area includes the Wastewater Capacity Charge paid by the City in respect of such Tax Parcel when the Wastewater Colleefi- Facilities were..n cted. (df) When the City began to provide wastewater service to T. Parcels within the Assessment Area, payment of the Wastew Connection Charge was deferred with the expectation of reimbwsemen[ from the property owners. (l) The Project Cost m be assessed against each Tax Parcel io Ne Assessment Area includes the Wastewater Connection Charge, ifapphcable to such Tax Parcel, (.f) The Project Cost to be assessed against Tax Parcels withiv Ne Assessment Area does not include irt— Gom the date such amounts were paid or dtf i—i by the City. Interest that may have accrued during suoh period will be absorbed by We City. (K) N order w reduce the finaact it impact the Assessment will have om the property owners in the Assessment Area, the City has decided m provide a 10-y— inamal loan m the property owner for their share of the Project Cost. Interest will be charged each year based on the City tmestmenr Rate The City has decided that the maximum interest rote thm ill be charged is eight percent (8%) per y- (L) hisfimti—I property parcels provide fi6lides to their owners, occupams, members and the general public that otherwise might be requested or required to be provided by the City. Accord'mgly, these properties serve a legitimate public purpose a provide a public benefit. In recognition of the public benefit providW, it is fair and rrasaublew reduce the brndcn of the Assessmern for these parcels by providing a longer repayment period of fifteen (15) heats as well as reducing the interest rote m zero percent (M.) per year. (Ivt) W order to further reduce the financial impact the Asses.— will have on the property owuors in the Assessment Area, We City will fund ail Collection Costs and the Sl—i, Dtseoont Amount related w collecting the Asaessmems on the tax bill. (M The availability and provision of wastewater service by the City provides a special benefit w Tax Parcels located within the Assessment Area (0) After the first reading of Chia Ordinance, the Assessment Coordinator published a notice of public hearing, substantially in the form anached hereto as Appendix A and provided by first class mail a notice of the public hearing, substantially in the form attached b— as Appendix C, to each property owner proposed to be assessed m Ne address indicated on Ne Tax Roll. The proof of publication and mr affidavit of Mailing are attached hereto as Appendices B and D respm ively. The public hearing has been duly held during the second reading of Nis Ordinance and wmmems and objections of all interested persons have been heard and considered. (P) After public input, debate and thoaghtful deliberation at the public hearing, the City decided to further educe the financial impact Ne Assessment will have on certain property owners whose property was sold to them subsequent to the data the City received an initial application for financing pursuant to the Wastewater Policy Ordinance. For purposes of calculating the Assessment to Sae[ioo 2,05 hereof, Nis class of property (currently coosiatiag of approximately 14 parcels) shall be treated as Instimtiooal Property, and will thus have a longer repaymwt period of fifteen (15) years as well m reducing the interest rate to zero percent (0%) per y- (Q) The City Commission hereby finds and detennives Nat Ne Assessnents to be imposed in accordance aif this Ordinance provide an rquirable method of fording the W astewetes Colleed- Facilities by fairly and reasonably allocating Ne Pmjeet Cost to Nose properpes that derive a special benefit. Q>J The City Commission desires to commence collection of the Assessments ID the manna authorized by Ne Uniform Assessment Collection Act. ARTICLE Ih ASSESSMENTS SECTION 2.01. PROJECT COST AND DESCRIPTION. The Project Cost of the Wastewater Collection Facilities has bcen funded by the City with the understanding that the City would be reimbursed for such costs from proceeds derived from the imposiDov of Assessments agaimt the property located in the Assessment Area in IF, manner set frth io this Article IL The Wastewater Colleefie. Facilities consist of a series of wastewater lice extensions aasb,-d from 1992 through 2001 within the City cotpooia lim b, including, but not limited to, the following pr Jec6: Church Avenue, Longwood North, Incgdale Indwaial Park, Forest Avenue, Longwood Industrial Park, Bay A--, Maine Avenue, lake Gem Drive, la- Plaza, CR427/Wildmere Avenue, E. E—go en Avenue, Reywood Indosbial Park and E. Pine Avenue, SECTION 2.02. CREATION OF ASSESSMENT AREA. The Assessment Area is hereby created to include the pmpertes described in the table in Section 2,03 hereof and the Assessment Roll attached as Appendix G hereto. The Assessment lvea is created for the puryo,e of reimbursing the City for the cost of providing wastewater scvvice to Tax Parcels wi0iln the Assessment Area The—flobilay and provision of wastewater service by the City to Tax Parcel, witlrin tte Assessment has improved the hive and aproeat of such property. SECTION 2.03. IMPOSITION OF ASSESSMENTS. The Tax Parcels described in the Assessment Roll are hereby f and to be specially bearefttted by the availability and provisioa of wa—sta service in the amount of the maximum annual Assessment set fonlh below and is Ne Asse ,aa,t Roll anached u Appendix G hereto. The nrethodoloq for computing annual ASsessmen6 descrbed io Section 2.05 hereof is hereby approved. Annual Assessments compared in the manner described in Section 2.05 hereof are hereby levied and imp for e pedod of ten (10) ye , commencing wid, the ad valorem fax bill for 2002 m be mailed in October or November 2002, as follows: SECTION 2.04. PREPAYMENT AMOUNTS. (A) The Initial Prepayment Amount fr each Tax Parcel located within Ne Assessment Area shall be in such amount as listed in the table m Section 2.03 hereof aad in Assessment Roll as —had as Appeadis G hereto. (B) Following the initial prepayment period from April 16, 2002 he May 31, 2002, the Adjusted Prepayment Amount shall be set equal to the Initial Prepayment Amount fr each Tax Parcel, other Nan Nose Tax P-1, as to which the Assessment has been prepaid. The Adjusted Prepayment A,a—at for each Tax Parcel shall be revised annually, as provided in Section 205(I) hereof SECTION 2.05. COMPUTATION OF ANNUAL ASSESSMENTS. The annual Assessment shall be competed for each Tax Parcel in the manner set f t, in this Seetma 2.05. (A) ANNUAL DEBT SERVICE COMPONENT. 'fhe "Aaeaal Debt Service Component" shall be calculated for each Fiscal Year in whidt the Initial Prepayment Amount (or Adjusted Prepay —el Amount, if applicable) of the Tax Parcel is outstanding as follows: (1) The Assessment Coordinator shall first calculate m annual iwmst rate computed as the Lesser of (a) the City Investment Rate, or (b) an interest rate equal to eight percent (8%) per year. (2) The Assessment Coordinator shall next calculate e e amount of prtocipal due for the Tax Parcel by dividing (a) the Tax Panel's lailial Prepay —I Amount (or Adjusted Prepayment Amount, if applicable), by (b) the number of remaining years the Assessment is payable, whid, ehall initially be for a period of ten (10) years. (3) The Assessment Coordinator shall then deternune the Interest payable by mahiplying (a) the annual interest rate computed in (1) above, by (2) the Initial Prepayment Amount (or Adjusted Prepayment Amount, if applicable). (4) The Annual Debt Service Component is then ealcalated as the sum of the amount deterndved in (2) and (3) above. (B) COLLECTION COST COMPONENT. In aocordance with the City C—bi,imi s finding in Section 1.03(L) hereof, the City is paying for the Collecnon Cost related to the Assessments. Accordingly, the "Collection Cost Compoacat" shall be S0 each Fiscal Year bit each Tax Parcel. (C) STATUTORY DISCOUNT AMOUNT- The "Sunnen, Discount Amount" is the —i allowed by law as the maximum di for early paymen%ef ad vale — taxes and non -ad valorem assessments placed oa the tax bill. In acoordanee with the City Cmmnissiebs finding in Section 1.03(L) hereof, the City is paying for the Seammty Discount Amount elated to the Assessrneots. Accordingly, the "Stanihny Di in Amount" shall be $0 each Piaeid Year for each Tax Parcel. (D) ASSESSMENT. The annual Assessment for each Tax Parcel shall be computed as the sum of (I) the Annual Debt Service Component, (2) the Collection Cost Component and (3) the Statutory Discount Amoam. (E) REVISION OP ADIS)STEIjRREPAYMENT AMOUNT. Upon certification of the Assessment Roll for each Fiscal Year, the Adjusted Prepayment Amoam for each Tax Parcel shall be recomputed by deducting (1) the principal component of the Annual Debt Service Component det—mad in Section 2.05(A)(2) above and included on the Assessment Roll for the Tax Parcel, @om (2) the Adjusted Prepayment Amount utilized to compute the mmual Assessment included on the Assessment Roll for such Tax P.M. SECTION 2,06, INITIAL, PREPAYMENT OPTION. Following adoption of this Ordinance, the Assessment Coordinator 'vs hereby directed to provide first close mailed notice to the owner of each Tax Parcel subject to the Assessment of the owner's option to prepay all futtve annual Assessments. The notice, in eob,tootially the form attached w Appendix E, shall be mailed to each property owner at the address utilized for the notice provided pursuant to Section 1.03(N) hereof. On or pnor to the date specif,d in such notice, the owner of eaoh Tax Parcel subject to the Assessment shall be entitled to prepay all future annual Assessments, upon payment of the Initial Prepayment Amount. The amount of all prepayments made pursumrl to tltls Section 2.06 shall be final. SECTION2.07. ADDITIONAL PREPAYMENT OPTION. (A) Fottowing the date specified in the notice provided pursuaut to Section 2.06 hereof, or such later date as the City Commission may allow in its sole dieasetioo, the owner of each Tax Parcel subject to the Assessments shall be entitled he prepay all future unpaid arm ad Assessmeots upon payment of an amount equal to the sum of (1) the Adjusted Prepayment Amount for such Tax Pazeel, and (2) interest on the Adjusted Prepayment Amount, d— the date of the most recent ad valorem tax bill, computed at the City Investment Rate. I he amoont of all peepa}nnents paid, pursuant to this Section 2.07 shall be final. (B) During any period c,,,e,ci,g oa the date the armual Assessment Roll is certified for colleeth 1, pursuant to the Uniform Assessment Collection Act and ending on the next date on which unpaid ad valorem (sees become deliugaent, the City may reduce the amount required to prepay the Potma unpaid anneal Assesemert5 for the Tax Parcel by the amount of the Assessment that has been certified for collection with respect to such Tax Parcel. SECTION 2.08. MANDATORY PREPAYMENT. (A) If at any time a tax certificate has been issued and remains outstanding in respect of any Tax Parcel s,bj,,t to the Assessment, the owner shall prepay all future unpaid annual Assessments for such Tax Parcel if the City, at its sole option, elect to accelerate the Assessment. The amount required to prepay the future unpaid annual Assessments will be equal to the sum of (1) the Adjusted Prepayment Amount for such Tax Parcel, and (2) merest op the Adjusted Prepayment Amount, from the data of the most r m, ad valorem thx bill, computed at tha City b—s—i Race. The amount of all prepayments made pursuant w this Section 2.08 shall be final. (B) During any period commencing on the date the annual Assessment Roll is certified for wllection pursuant to the Unifoan Assessment Collection Act end ending on the next date on which unpaid ad valorem taxes become delinquent, the City may reduce the amount required to prepay the fuwre unpaid annual Assessments for the Tax Parcel by the amount of the Assessment that has been certified for collection with respect to such Tax Parcel. SECTION 2.09. REALLOCATION UPON FUTURE SUBDIVISION. (A) Upon subdivision of any Tax Parcel located within the Assessment Area that is subject to the Assessment, and compliance with the conditions set forth below, the Adjusted Prepayment Amount for such Tax Parcel shall be reallocated among the subdivided parcels. (B) In older to have the Adjusted Prepayment Amount for such Tax Parcel reallocated in connection with any such sebdivisioo, the owner shall be required to apply to the City and comply with each of the follawing conditions: (1) A recorded plat, eppmved site plan or comparable doeumeot mast be provided to the City si Ricient in detail to describe adequately the Iocation of the Tax Parcel and the individual parcels in the proposed subdivision; (2) The Property Appraiser must have assigned distinct ad valorean pmpetty tax identification numbers to each individual subdivided parcel or committed in writing to assign such numbers prior to dre next ensuing August 1 or any later data approved by the City that will not prevent timely certification of the Assessment Roll in accordance with the Uniform Assessment Collection Act'. (3) At the expense of the properry owner, ao appraisal most be provided by a certified general appraiser," as debated I. Section 475.611(g), Timid. Statham, approver[ by the City, which imhemee the fair market value of the Tax Parcel prior to the subdivision and the fair market value of each individual subdivided parcel; I, determining the fair market value of the individual subdivided parcels, the appraiser may take into consideration any iof-mmemre improvements that are rhea under me tmeuon if fimds sufficient for their completion are —mad to the satisfaction of the City Attomey; (4) A proposed reallocation of the Adjusted Prepayment Amount to each individual parcel must be provided to the City; provided however, that no portion of the Adjusted Prepayment Amount may be reallocated to pmperty proposed for dedication 10 the public ar to common use of the subdivided portals, (5) The fir market value of each separate parcel after the subdivision must be at least five times the Adjusted Prepayment Amount reallocated thereto; and (6) The property owner shall pay ao uyessment reallocation fee to the City for each individual parcel resulting from the subdivision, in an amount to be established by resolution of the City Commission. (C) If the owner of any Tax Parcel subject w the Assessment subdivides such Tax Parcel and fails m comply with the foregoing conditions, the City shall reallocate the Adjusted Prepayment Amount among the subdivided parcels, based apon the land value, without improvements, assessed to each subdivided parcel by the Property Appraiser. At its sole oph,c, the City may almim mt appraisal of the subdivided parcels at any time and reallocate the Adjusted Prepayment Amount based upon me land veluc, without ibap---, reflected in the appraisal. If an appraisal is obtained, the coat of bee appi-sital will be allocated among the ,bdi,id,d p—al, on the basis of the value oal-ed therein end added b, the Adjusted PropsynnnA A,,,,t of the Assessment for each subdivided P.—I i. In, Fiscal Year finli—mg receipt of the appraisal. 11 is hereby found and determined that the foregoing —,had of no.b—nung the Adjusted Po,payanon, Amount m,,g subdivided psned, is fsn, and reasonable, Waits, into consideration It, opportunity In, reallocation available to the .— and the requirbnont to provide ,d,q,,t, security for the City', i,tm,l I— (D) Notwithstanding the foregoing, if , Tsn, Parcel includes ..... than, one Platted Let and no Parcels of R—ol, fhe Assessment imposed against such Tax Rated ., be reallocated —.bg the Platted Lots ninin (1) application of the —.e, and (2) assignment of , distinct ad valorem p,,T-y on, identif—two number w each Platted Lot or any combination ofillated L-bythe Property Appraiser. SECTION 2.10. ASSESSMENT ROLL. The A.-- Roll —hini as Appendix G hosto is hereby approved. The 1—stoont Coordinator prepared he 1—stbon, Roll by assigning each T. Parcel in the A—aamen, Area, an —nin in accordance with Soon- 2.03 beneoE The Mso—m Roll contains the f,[[,,i,g (1) , so—, description of each parcel of property ( .. ti—bag to the description contained on t3b, Tae, Roll) subject to the Assessment; (2) the .., of the owner of record of each parcel, as shown on the Tso, Roll; (3) the Initial Prepayment Antnnal attributable ne each pan.]; and (4) the maximum —o.1 Assessment to beam, d,, in any Fiscal Year for each T,, P-1, ARTICLE III COLLECTION AND EFFECT OF ASSESSMENTS SECTION3Al. METHOD OF COLLECTION AND ANNUAL ASSESSMENT RESOLUTION. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act. Upon adoption of the Annual Assessment Resolution for each Fiscal Year, the Assessment Coordinator shall cause the ftificatiov and delivery of the Assessment Roll to the Tax Collector by September 15, in the manner prescribed by the Uhifonn Assessment Collection Act The Assessment Roll, as bell vemd to the Tax Collector, shall be accompanied by a Certifcate to Noo-Ad Valorem Assessment Roll in substantially the to= atsched beree, es Appendix H. The _ Resolution of Intent required by the Uniform Assessment Collection Act was adopted December 5, 2001. If the proposed Assessment to, say parcel of pmpt ty exceeds the maximum amount established in the notice previously provided to property owners and described in Section I.03(N) h—C or if an Assessment is imposed against property, not previously sobj- thereto, die City Comatission shall provide entice to the owner of such property in eeeool-v with the Uniform Assessment Collection Act and conduct a public hearing prior to adoption of the Annual Assessment Resolution. Failure to adopt an Annual Assessmenl Resolution for a Fiscal Year may be cured a[ any lime SECTION 3.02. EFFECT OF THIS ORDINANCE. The enucunenr of this Ordioance shall be the final adjudication of the issues presented (iecluding, but hot Iiadted to, the method by which the Assessments will be computed, Ne Assessment Roll, the maximum —1 Assessment, the lery and lien of the Assessments end the terms for prepayment of the Assessments), unless proper steps are initiated in o court of competent jurisdiction to secure relief within 20 days hem the date of City Commission eommeent of this Ordnance. SECTION 3.03. LIEN OF ASSESSMENTS. Upon enactmet of this Ordinance and, for fumre Fiscal Years, upon adoption of in, Annual Assessment Resolution for such Fiscal Year, the A sessmoou shall ....lien, a lien against assessed property equal in rank and dignity with the liens of all state, county, district m municipal taxes and other non -ad valorem assessments. Except V, otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The lien shall be deemed perfected upon enactment of this Ordinance and, for Poore Fiscal Years, upon adoption by the City Commission of the Annual Assessment Resolution and shall attach to the property included on the Assessment Roll as of the prior January 1, the he, date for ad val—, taxes. SECTION 3.04. ASSESSMENT NOTICE. The Assessment Coordinator is hereby directed to record a general notice of the Assessme- in the Official Records Book in de office of the Seminole County Clerk of Con- Such notice shall be in substantially the to. attached as Appendix F. The preliminary Assessmeat Roll and each annual Assessment Roll shall be retained by the Assessment Coordinator and shall be available for public inspeetio,. SECTION 3.05. REVISIONS TO ASSESSMENTS. if any Assessment made under the provisions of this Ordinance is either in whole or in part annulled, vacated or set aside by the judgment of any court. or if he City Commission is satisfied that any such Assessment is so irregular or defective that the same cannot be enforced or collcowd, or if the City Commission has failed to iodide xny property on the Assessment Roll which properly should have been so included, the City Conunissio- may take all necessary steps to impose a new Assessment ega-, any property specially benefined by the Wastewater Collec600 Facilities, following as 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 Assessments -mil a valid Assessment is imposed. SECTION 3.06. PROCEDURAL IRREGULARITIES. Any informality or ntegulmity, in the proceedings in cotocate, with the Iery of any Assessment -der the provisions of this Ordinance shall of affect the validity of the same after the approval thereof, and any Assessment as 6nalty approved shall be competent and sufficient evidence lb. s-rh Assessment was duly levied, that the Assessment was duly made and adopted, and that all otks proceedings adequate to such Assessment were duly had, taken and performed as required by this Ordinance; and no vanmee from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. Notwithstanding the provisions of this Sectim, any party objecting he m Assessment imposed port m this Ordinance must file an objection with a court of competen[jurisdimion wi0tin the time periods prase bed herein. SECTION3.07. CORRECTION OF ERRORS AND OMISSIONS. (A) No act of error or oromr - - the part of the City Cmnmissioq Financial Services Director, City Ami-minor, Property Appraiser, Tax Collector, City Clerk, City Anomey or their respective deputies or employees, shall operate to elease or discharge my obligati- for payment of any Assessment imposed by the City Commission under the provisions of this Ordioaece. (B) The amount of the Assessment may be corrected at any time by the City. Any such e—coon which redoces m Assessment shall be considered valid from the date on which the Assessment was imposed and shall in no way affect the enforcement of the Assessment imposed under the proe ns o£this Ordinance. Any sneh corteotiov which mereases sa Assessment or imposes m assessment on omitted property shall fist require mice to the affected owner at the address shown oo the To, Roll notifying the owner of the date, time and place that the City Commission will consider confirming the cortection and offering the ownu an opportunity m be heard (C) After the Assessment Roll has been delivered to the Tax Collector in accordance with the Uniform Asaess,nent Collection Act, any changes, modifications or corrections thereto shall be made in accordance with the procedures applicable to ertors and hechaeoeies for ad valorem tares. ARTICLE IV GENERAL PROVISIONS SECTION 4.01. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additioral and alternative method for the imposition and collection of Assessmems and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. SECTION 4.02. CONFLICTING PROVISIONS. City Ordinances aad City Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such coaffi t. SECTION 4.03. SEVERABILITY. If any portion of this Ordinaace is for any r—a. held or declared to be unconstitutional, inoperative or void, such holding shall art affect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, poT y or circumstances. SECTION 4,04, EFFECT IVE DAPS. Thus Ord-- shall become etE,— immcdiaretyupon its adoption. Read by fide only in pnbl .. sesaio.. the 18th day W March, 2002. PASSED AND ADOPTED oo the s,,-d and final rudiug in p,blicsusiiur dus 150, day of Apci1, 2002, CITY OF LONGWOOD, FLORIDA Paul I.oves¢rv�d, Mayor' ACILSI'. ____ _.._ C erall Dlambn vCleti: ,V",0"d arm f«m aad corseozne. : S2ichud 5-Tnvlor, h'„fEily Attorney APPENDIX A FORM OF NOTICE TO BE PUBLISHED NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SPECIAL ASSESSMENTS IN THE INITIAL WASTEWATER ASSESSMENT AREA Notioe is hereby given that the City Conuoiasion of the City of Longwood will conduct a public hearing to consider creation ofthe Irdti,il Wastewater Assessment Area, as shown above, and vnptb n ofspecial as imburse thew City for related to then of wlleo 0o faoilitia s n there and relatw ed w cVl ity charges oThe hearing will be held at 2:W PMNon April 15,t 2002, at City Ha11,175 West Warzen Avenue, Longwood, Florida, for the purpose of receiving public co n the proposed 2002 Waste - Assessment Area rind assessments. All aRemed property owners have aright to appear at the hearing and to file written objecti— with the City Clerk prior to or at the public hearing. If a nsidere,I persont the, hehappeal any dwision made by the Gty Commission with respect to any matter cod at tharing. such person will need a record of the proceedings and may need N a that verbat'un cord is made, h th,, rig the t m ilh end a ibb a upon which the appeelsls to beamade. Inr accordance with the Americans with Olsabilines Act Persons needing a special sew modati interpreter w participate m IN, prooeedmg should tac co t the City, ADA Coordinator at 4071 60-3481 at least 48 hours prior to the date fthe bearing. The assessment for each p—I of property will bo based uppn the CiWy ra a, fes and when the w cob.— facilitie rclad as the port of the c of ling thew wllec n facihtiesto be paid by cus Of tha City. A m specr[fiacdescription of the improvements and the method of computing the assessment f>r eaoh parcel of property are set forth in the loitisl Wastewater Ass 1-1 Area Ordnance No. 02- 1604, the first reading of which was held on March 18, 2002 and the final reading and nsidemtion of which will be held on April 15, 2002. Copies of the Initial Wastewater Assessment Area Ordinance and the preliminary Assessment Roll are available far inspection ,1 City HIII, located at 175 West Warren Avenue, Longwood, Florida. The assessments will be collected on the ad valorem lax bill, as authorized by Section 111,1632, Florida Statutes Failure to pay tte assessments will Douse a tax wrtificate to be issued against the property which may result In a loss of title. The City Commission intends to celled rho assessments in ten IIll antual installments, the first of which will be included on the ad valorem tax bll for 2002 to be mailed in October or November 2ti- If you have any questions, please contact the City,, Assessment Coordinator at 407I260- 3475. CITY OF LONGWOOD, FLORIDA APPENDIX B PROOF OF PUBLICATION �erninoCe �eraiD a�o th<unlM����iaa�M1o�typemoaaiiy,ppeated u¢las wbo on oat Y atN eoblishex of the SEMIIJOIE NERALDSa Newxpai Publisbed at Senfoed.ln Seminole Cou iy,F'briJe. tM1ai Ne aiteclu.0 copy of the adenisenu be'n6a qal N mtlu iwt�e, wsspubliehPoin saidncw..paperin iM1e issues of ch 24 2002 D^', Iw P nose olus y aaamuaemcni lope pt'asw9![m o!'Mer�eM1,b Sw�on mscn enrc m. ini�=1 i4a��J„a�mapmd�— APPENDIX C FORM OF NOTICE TO BE MAILED CITY OF LONGWOOD 175 Weat Warren Avwnre Longwood, Florida 32750 4071260-3440 [to come], 2002 [Property Owner Name] [Street Address] [City, State and zip] Re: Parcel Number[It-tt Number] Initial Wastewater Assessment Area Dear Property Owner. [INSERT PERSONAL INTRODUCTION] The City of Longwood is considering creation of the Initial Wastewater Assessment Area to impose special as,w,mon¢ to reimburse the City for costs related to the consmrcaon of wastewater collectlon facilities, connection thereto vrd financing of related wastewater capacity charges. The assessment fr eaoh p—I of property will be based upon the CiVs es, fees and costs when the wastewater collccion facilities were constmcted m the portion of the cost of cort ,b g the wastewater collection facilities to be paid by customers of the City. A more specific description of the improvements and the method of computing the ant to, each parcel of property are sec (bah in dre Initial Wastewater Assessment Area Ordinance No. 02-1604, the first reading of which was held on March 18, 2002 and the final reading and consideration of which will be held on April 15, 2W2. Copies of the Waal Wastewater Assssment Area Ordinance and the Rr imtinary Assessmem Roll are available for mpmtoa at City Hall, located at 175 West Warren Avenue, Longwood, Florida. Inf—fi- regarding the assessment for your specific property is attached to this lever. The City intends to internally finance this and other assessment projects. This will pensdt dre cost aW bPobl, W your property a be —imd ovrr a period of ten (10) y— Please do not sand payment now. If the assessments are unposed, you will recxive a.opnmte nonce of the date and place for payment 1, o,du to reduce the f meW impact the assessment will nave on the property m Ille Inital Wastewater Assessment Area, the City has decided to charge mle—i, oinpounded annualty at the lessor of the (1) the City, average invernnent arc for the previous 12 months, or (2) 8%per annum. N oNer w further reduce the f cial impact of the as mans Ore City will fimd 0 ilmeeabmi,eand e0leefion costs ,bibbl to placing the assessments ov the tax bill from other City mvenueSome- The City Intends to include annual assessments on your ad valorem - bill with the firs[ payment on the bill for 2002 to be mailed in October or November 2002. Failure to pay yom assessments will cause a tax certificate to be issued against the property, which may result in a loss eftitle. The City Commission will hold a public hearing w 7:00 P.M. on April 15, 2002, at City Hall located et 175 West Warren Avenue, Longwood, Florida, for the purpose of vilg eo meets on the proposed Initial Wastewater Assessment Area and the meets, including collecfion on Ore ad valorem tax bill. You are invited le attend and participate in the public hearing or to file written objections with the City Clerk prior w or at the public hearing. If you decide te appeal any decision made by the City Commssion wif respect w any natter considered at the hearing, you will need a record of the proceedings and may need to ure that a verbatim record is madin e, cluding the t ony and evidence upon which the appeal is to be made. In accordance with Ne Amencaas with Disabilifies Act, if you need a special ac mmodatio interpreter to p—spate in this proceeding, Please Con2ct the Ci'.' ALA Coordinator at 407260-3481 at least 48 hours prior to the date of the hearing. Quesdoru regarding your assessment and the process for eolleclion may brecte e did ro Ore City, Assessment Coordinator at 407/260-3475. CITY OF LONGWOOD, FLORIDA * * * ° SEND NO MONEY NOW. THIS IS NOT AN INVOICE INITIAL WASTEWATER ASSESSMENT AREA [Properly Oxmer Name] Parcel Number [Ms . Nwnbu] Initial Prepayment .noun, (ifpayinent ntadepriorto May31,2002) * [Insert Amount] Nwnber of annual payments: 10 Maximmn annual payment**: [Insert Amount] * After May 31, 2002, inreresr will be charged on the outstanding balance at the lesser of the Chys average investment rate, or 8 % pu annum. xs This represents interest calculated at the r hmm rate of 8 % per annum. The actual interest late charged will be the lesser of this mte or the Citys uverege ffi— nest eta. * * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE• APPENDIX D AFFIDAVIT OF MAILING l)�t J, OlI I LO ll)A — 0,If lff11 1—l"'d be d,­,,I,d , ll -,,-d b, l ton 1 03(l) 1e Initial tA-,( I1-1111,, ", "I", fist -ld 1, d"I ,h- Qr, or kft- lla�cll 21, 211112, 1 111111d ), d, d hfl,- �.�u, i�� Simi 1, C y P A,p'.'ser far it l4 )f lh1 c,f d I t R I Ili R Af FIAN I — E J H Nol S fATE OF FLORMA COUNTY OF SEMINOLE The foregoing rues eekua.vladged before me by Monica Mitchell, whis personally kno.ry eo me or who has produced ab id—ificatioo and Ldd (did not) take an oath. (y� WITNESS. my baud and official seal thin/A.y2.1 Gervldinc D. Zambri. Ci 1Icrk APPENDIX E FORM OF PREPAYMENT NOTICE CITY OF LONGWOOD 175 West Warren Avenue Longwood, Florida 32750 407/260-3440 [htsert Date [Insert property/payment information] Dear Property Owner: The City Cormnissioa recently established and approved a special assessment for wastewater collection facilities, related connection charges and wastewater capacity 6.ges within the hutial Wastewater Assessment Area. This type of fmanciog where the property cts participate m the cost of the program is used throughout Florida and is consistent with the policy in the Qty of Longwood. The assessmeat5 will be collected on the ad valorem tax bill, as authonmd by Section 197.3632, Florida Statutes. The assessmen¢ will W payablo in ten (10) annual instalhnent, the fast of which shall be included oo the ad valorem tax bill for 2002 to be mailed m October or November 2002. Feilare to pay the assessmwta will cause o tax ter 5-1 to be issued ogointt the property which may result to a loss offitt,. Any assessment may be prepaid in full if peymertt is received on or poor m May 31, 2002. The amount required w prepay the assessment on or poor w May 31, 2002 includes the tax p=,P, share of tte cost of the pr ject, wnaection charges and odwod wastewater capacity charges after the City has contributed funds to pay Ibr a portion of Nose costs. After May 31, 2002, bo mst will be charged on the outstanding balance at the lesser of the City`, average investment rate, or 8%per Please mak e checks for prepayment amounts payable to {insert sped& payee di—toml, Prepayment may be made by mail to {insert mailing directions), nr m per,,on at City Hall, 175 West Warren Avenue, Longwood, Florida. Please be sure to either wore the wmen[ parcel number (shoum at the top of this letter) on your check O return this leter ith Your Payment. Asses records and copies of the applicable htital Wastewater Assessment Arse Ordinance No. 02-1604 imposing to,assessments are oo file at City Hall located w 175 West W—o Avenue, Longwood, Florida. CITY OF LONGWOOD, FLOMIYk APPENDIX F FORM OF ASSESSMENT NOTICE NOTICF OF ASS}SSMF,N I S On Apnl 15, 2002, the City Commission of Ne City %Longwood Florida, a ,ced Ordin xe tie) mI I I 1 ai propu[y t d rvirhht the Initial V.,s,, v t Atst smolt A,- "huh "dudes the preP.c1y d" ibu n SeUho r 7_03 cf Ordinance No. 02-1604, [p rc"I"i e the City for cos.'laud ro the conaovcdoa of cwe[cr tes tecuon Facilities, vid related ro -uon and westewa[e,' capscay charges. ?.Gad 1 as [ bbit A t 0 , a 1 f i e at'@sled 4ix pc I number: I prop-Y es(as she enr,,S 1, County 1 1 troll wt, thectacn- oF Ordin, - tie. 0's 1604) and ch, ,Pt fie vscssment of efion f w h — pa 1 Annual assessments will be c,,11,s ed on uie ed valoran tax bill, as autl,,i,d by S-eee 1973632, Florida Statutes, for a period cf lcn (10) Yea.rs, —.11s ell, with fhc Avalom,n bill fur 2002 to be rnaited in Octets,' ,, Novcmb,,, 2002. The method of cxrmpu[ing tree nal wt fora p tt of proP< "I"' Ne. I I ' y Appraim,' 1 .Sgnzd a fishn i I.rear peel ylas x,Iffl A to ffs self l%n Ordinance No. 02-160t Thee atroll iso file at the Cry olL oci, 1^loiii C1c, Hall and" apci to I bit, nspcelion. T", m pe-d 1 he annual pxirl . of preperty ed within fill lcil,0 w.stea A r 1 A Nu ither Ordinaz,, No. 02-1604 nor dvs notice will create a licn upon the property d'l-bed above The Cit, Commisu will adopt m, annual assessment teaolmlon for Bach tlsral year. [:pen adopuo, of each annual asxss c �. ^d 1 I ry equal rank and di;. b the cf 'ji [ y.iriu o- m -p 1 dx -,d otl n ad air 'c s- I 1 c. sl all be d e—d 1,,Fc Ind upon adoption of each wmual assesmen[ resolution and shell anaeb ro the prnpeny included to d e roll s cf fhe poor J.,,— 1 the lien fie, r ad vata'c �. v Thiv and ele ill not be w , 1 I el that h d ch,l lice, err . be filed ni the Official R'e-ls. CITY OF LONCAN OOU, FLORIDA s EXHIBIT A INITIAL WASTEWATER ASSESSMENT AREA (The following table includes lac p—1 nwrb,, included with the lnibal Was- water Assessment Ar the property owner of each parcel (ash— on the Seminole County ad valorem tax assessment roll as of the enactrnent of Ordinance No. 02-1604) and the maim assessment attributable ro each parcel.) a �mn w amauaeaNa�: wwa*� taaci�� APPENDIX G ASSESSMENT ROLL G I APPENDIX H FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL CJ1AFfIFICAIF TO NON.Al) VALOREM ASSESSMEN I ROLL I HEREBY CERTIFY thm, I am the Mayor of the City d l—,-1, Florida (the"City"); as such I have lItIlikIl llyddfth,t all1 p-y i.,I,ddd or ln,lddabl, ,n th, non -ad v,dr aesamem mll for the Idilml W,--t, Assessment A— (th, "N,,, Ad V¢d.—. A— fi,, ffie Cay , p,p,Hy �t, dA, farce I f lb—, dbf, t. as«r-d,hat 2111 -,—d —, ) I,,, b,— &—ib,d roll t,, sl,., ffi� ad au ib-lble d, the property fi-d therein have been mode to 12t+- I FURTHER CEWrIFN that, in accordance with Ih, U',fi"", Coll A, tl,,, vmifi— and th, 1-- d ... rib,d N—Ad V,l,,,— A,,—,—,, R,ffl 11 b, kh .... d t,) th,S uinole ( Tax Collee,mr by Sf—b, IS 20, , IN WIFNESS WHEREOF, 1 1,,,, 0 c-ffl,ate atd d—aN the amm�,, M--f ,, 0,Snn,A, y Tax Corte 1 tndc ita f a" above de —bed Not Ad Val 1aess ne R.Ildli, ,' 20'— CITY OF LONGWOOD, FLORIDA P,,,J NAy., ft, be delivered I. I a, C.11-1.,prior to Sept —by, Bd CITY OF LONGWOOD, FLORIDA INITIAL. WASTEWATER ASSESSMENT AREA ORDINANCE FIRST READING MARCH 18, 2002 SECOND READING APRIL. 15, 2002