Loading...
HomeMy WebLinkAbout1998 07 27 Public Hearings Item A .......... COMMISSION AGENDA ITEM A Consent Informationa I Public X Hearing Regular July 27. 1998 Meeting MGR k-OEPT Authorization REQUEST: The City Manager requesting the City Commission to hold a public hearing and second reading of Ordinance No. 704, Local Improvement and Related Services Assessment Ordinance as amended. PURPOSE: The purpose of this agenda item is to hold a public hearing and second reading on Ordinance No. 704 as amended by the Commission. CONSIDERATION: This item is needed to enact an ordinance providing the City with the authority, rules and procedures by which to establish assessment districts in the City. . The Commission held first reading on the ordinance on July 13, 1998 and recommended certain changes that have been incorporated into the attached updated draft. FUNDING: No additional funding needed for this item RECOMMENDATION: The City Manager is recommending that the Commission hold a public hearing and approve the second reading of Ordinance No. 704. ATTACHMENT: Second draft of Ordinance No. 704 COMMISSION ACTION: NABORS, GIBLIN & NICKERSON, P.A. ATTORNEYS.AT LAW SUITE BOO 315 SOUTH CALHOUN STREET TALLAHASSEE, FLORIDA 32301 SARAH M, BLEAKLEY WARREN S, BLOOM FREDERICK L, BUSACK HARRY F, CHILES MAUREEN McCARTHY DAUGHTON VIRGINIA SAUNDERS DELEGAL L. THOMAS GIBLIN ERIK p, KIMBALL MARK G. LAWSON HEATHER J, MELOM STEVEN E, MILLER MARK T, MUSTIAN ROBERT L. NABORS GEORGE H, NICKERSON, JR, STEN T, SLIGER JOSEPH B. STANTON July 17, 1998 GREGORY T, STEWART JOHN R. STOKES WILLIAM D, TYLER VIA FEDERAL EXPRESS MICHAEL L. WATKINS , JEAN E. WILSON TELEPHONE IB50) 224-4070 TELECOPY 'B50) 224-4073 THE POINTE, SUITE 1060 2502 ROCKY POINT DRIVE TAMPA, FLORIDA 33607 (813) 281-2222 TELECOPY (813) 281-0129 SIGNATURE PLAZA, SUITE 1060 201 SOUTH ORANGE AVENUE ORLANDO, FLORIDA 32801 14071 426-7595 TELECOPY '4071426-8022 WILLIAM J, ROBERTS OF COUNSEL ~~ W1CJEJI.'VmlIl] \ !J"~' '- .u.:", u< . JUL 2 0 1998 Ronald W, McLemore City Manager City of Winter Springs 1126 East S.R. 434 Winter Springs, Florida 32708 CITY OF WINTER SPRINGS City Manager Re: Draft #2 of Local Improvement and Related Services Assessment Ordinances Dear Ron: Pursuant to our conference call yesterday morning including yourself and the City Attorney's office, attached is draft #2 of the Local Improvement and Related Services Assessment Ordinance. Draft #2 has been blacklined to draft #1 for ease of review, also included in this transmittal to you is a clean copy of draft #2. Section 2.02 addressing the creation of the advisory committee was substantially expanded to include the language provided by your office and faxed to you for your review and comment yesterday and again this morning. Also, I have reviewed Section 3.07 (Annual Local Improvement Assessment Resolution) and Section 4.07 (Annual Related Service Assessment Resolution) for purposes of clarity. These two sections effectively provide an annual process for updating the assessment roll. Annually updating the assessment roll allows for flexibility in developing financing so that debt service on capital projects or the maintenance service budget can be reviewed from year to year. This allows more flexibility to the City Ronald W. McLemore July 17, 1998 Page 2 Commission particularly concerning payment of capital assessments. The prepayment issue is always a crucial issue and we always draft procedural ordinances to allow a landowner to payoff an assessment at any time. Our experience is that this is not only favorable from a political standpoint, but viewed favorably by credit markets. Finally, these sections make it clear that if assessments are imposed in an amount that would exceed an amount previously noticed to the affected landowners, that additional published and mailed notice would be required before the City Commission could raise the assessments. The language in these two sections is fundamental and we do not recommend that it be altered. I trust that these modifications will be satisfactory. Please call me if you have any additional comments or questions. Sincerely, ;P;1hL Mark G. Lawson MGL:dmp Enclosure cc: Frank Kruppenbacher Bob Guthrie DRAFT #2: 07/16/98 97042.004 WINTER SPRINGS, FLORIDA LOCAL IMPROVEMENT AND RELATED SERVICE ASSESSMENT ORDINANCE FIRST READING JULY 13, 1998 SECOND READING AND ADOPTION JULY 27, 1998 ARTICLE I INTRODUCTION SECTION 1.01. SECTION 1.02. SECTION 1.03. DRAFT #2: 07/16/98 97042.004 TABLE OF CONTENTS PAGE DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 INTERPRETATION; TITLE AND CITATION. . . . . . . . . . .. 8 GENERAL FINDINGS. ....."...................... 9 ARTICLE II ASSESSED AREAS AND ADVISORY COMMITTEES SECTION 2.01. SECTION 2.02. SECTION 2.03. SECTION 3.01. SECTION 3.02. SECTION 3.03. SECTION 3.04. SECTION 3.05. SECTION 3.06. SECTION 3.07. SECTION 3.08. SECTION 3.09. DEFINITION OF ASSESSED AREAS. .............. 10 CREATION OF ADVISORY COMMITTEES. .......... 10 LANDOWNER PETITION PROCESS. ......... {4+} [12] ARTICLE III LOCAL IMPROVEMENT ASSESSMENTS AUTHORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . INITIAL LOCAL IMPROVEMENT ASSESSMENT ]RESOLUTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . LOCAL IMPROVEMENT ASSESSMENT ROLL. . NOTICE BY PUBLICATION. ................. NOTICE BY MAIL. . . . . . . . . . . . . . . . . . . . . . . . . . ADOPTION OF FINAL LOCAL IMPROVEMENT [ ]ASSESSMENT RESOLUTION. .............. {4-5J [16] ANNUAL LOCAL IMPROVEMENT ASSESSMENT RESOLUTION. ........................... f46} [17] EFFECT OF LOCAL IMPROVEMENT ASSESSMENT RESOLUTIONS. . . . . . . . . . . . . . . . . . . . . . . . . .. f46} [17] LIEN OF ASSESSMENTS. .................. f1f} [18] {42} [13] [ ff27 [13] f1-3} [14] ff47 [15] ff47 [15] DRAFT #2: 07/16/98 97042.004 SECTION 3.10. REVISIONS TO LOCAL IMPROVEMENT ASSESSMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. {48} [19] SECTION 3.11. PROCEDURAL IRREGULARITIES. ........... f4-9t [20] SECTION 3.12. CORRECTION OF ERRORS AND OMISSIONS. . f4-9t [20] SECTION 4.01. SECTION 4.02. SECTION 4.03. SECTION 4.04. SECTION 4.05. SECTION 4.06. SECTION 4.07. ..26] SECTION 4.08. SECTION 4.09. SECTION 4.10. SECTION 4.11. SECTION 4.12. SECTION 5.01. SECTION 5.02. SECTION 5.03. SECTION 5.04. ARTICLE IV RELATED SERVICE ASSESSMENTS AUTHORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. {241 [22] INITIAL RELATED SERVICE ASSESSMENT [ ]RESOLUTION. . . f247[. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22] RELATED SERVICE ASSESSMENT ROLL. . . . .. ~ [23] NOTICE BY PUBLICATION. ................. f23} [24] NOTICE BY MAIL. . . . . . . . . . . . . . . . . . . . . . . . .. f23} [24] ADOPTION OF FINAL RELATED SERVICE ASSESSMENT RESOLUTION. ........................... tr41 [25] ANNUAL RELATED SERVICE ASSESSMENT[ ]RESOLUTION. {25t[. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . EFFECT OF RELATED SERVICE ASSESSMENT RESOLUTIONS. .......................... {25t [26] LIEN OF ASSESSMENTS. .................. {261 [27] REVISIONS TO RELATED SERVICE ASSESSMEN{mt [28] PROCEDURAL IRREGULARITIES. ........... f281 [29] CORRECTION OF ERRORS AND OMISSIONS. . f28} [29] ARTICLE V COLLECTION OF ASSESSMENTS METHOD OF COLLECTION. ................ taB} [31] ALTERNATIVE METHOD OF COLLECTION. . . .. taB} [31] RESPONSIBILITY FOR ENFORCEMENT. . . . . .. {32} [33] GOVERNMENT PROPERTY. ................ f337 [34] ii SECTION 6.01. SECTION 6.02. SECTION 6.03. SECTION 6.04. SECTION 6.05. SECTION 6.06. SECTION 6.07. SECTION 6.08. SECTION 6.09. SECTION 7.01. SECTION 7.02. SECTION 7.03. DRAFT #2: 07/16/98 97042.004 ARTICLE VI ISSUANCE OF OBLIGATIONS GENERAL AUTHORITY. . . . . . . . . . . . . . . . . . . .. f35t [36] TERMS OF THE OBLIGATIONS. ............. f35t [36] VARIABLE RATE OBLIGATIONS. ............ f36t [37] TEMPORARY OBLIGATIONS. ............... f36t [37] ANTICIPATION NOTES. . . . . . . . . . . . . . . . . . . .. f3-7t [38] TAXING POWER NOT PLEDGED. . . . . . . . . . . .. f3-7t [38] TRUST FUNDS. .......................... {38} [39] REMEDIES OF HOLDERS. . . . . . . . . . . . . . . . . .. {38} [39] REFUNDING OBLIGATIONS. . . . . . . . . . . . . . . .. f39} [40] ARTICLE VII GENERAL PROVISIONS ALTERNATIVE METHOD. . . . . . . . . . . . . . . . . . .. {49} [41] SEVERABILITY. . . . . . . . . . . . . . . . . . . . . . . . . .. {49} [41] EFFECTIVE DATE. ........................ {49} [41] iii DRAFT #2: 07/16/98 97042.004 ORDINANCE NO~-.2!Y AN ORDINANCE OF THE CITY OF tiNTER SPRINGS, FLORIDA RELATING TO CAPITAL IMP'ROVEMENTS AND \ RELATED SERVICES PROVIDINGA SPECIAL BENEFITTO \ LOCAL AREAS WITHIN THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING DEFINITIONS \ AND FINDINGS; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR THE CREATION OF ASSESSMENT AREJ}S; AUTHORIZING THE IMPOSITION AND COLLECTION OF SPECIAL I ASSESSMENTS TO FUND THE COST OF CAPITAL I IMPROVEMENTS AND RELATED SERVIGES PROVIDINGA I SPECIAL BENEFIT TO LOCAL AREAS WITHIN THE CITY OF I WINTER SPRINGS; PROVIDING FOR THE OPTIONAL AND MANDATORY PREPAYMENT OF ASSESSMENTS; ESTABLISHING PROCEDURES FOR NOTICE AND ADOPTION OF ASSESSMENT ROLLS AND FOR , CORRECTION OF ERRORS AND OMISSIONS; PROVIDING I THAT ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED I PROPERTY UPON ADOPTION OF THE ASSESSMENT I ROLLS; ESTABLISHING PROCEDURES AND METHODS I FOR COLLECTION OF ASSESSMENTS, INCLUDING ASSESSMENTS IMPOSED ON GOVERNr.t1ENT PROPERTY; I AUTHORIZING THE ISSUANCE O~ OBLIGATIONS SECURED BY ASSESSMENTS; PROVIDING FOR VARIOUS RIGHTS AND REMEDIES OF THE HO~DERS OF SUCH I OBLIGATIONS; PROVIDING THAT SUCH OBLIGATIONS I WILL NOT CREATE A GENERAL DEBT O~ OBLIGATION OF THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. \ BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: 1 DRAFT #2: 07/16/98 97042.004 ARTICLE I INTRODUCTION SECTION 1.01. DEFINITIONS. When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly requires otherwise: "Annual Local Improvement Assessment Resolution" means the resolution described in Section 3.07 hereof, approving the Local Improvement Assessment Roll for a specific Fiscal Year. "Annual Related Service Assessment Resolution" means the resolution described in Section 4.07 hereof, approving the Related Service Assessment Roll for a specific Fiscal Year. "Assessment" means a special assessment lawfully imposed by the City against property located within an Assessment Area for the payment of the Project Cost of Local Improvements or the Operating Cost of Related Services. "Assessment Area" means any of the areas created by resolution of the City Commission pursuantto Section 2.01 hereof, that specially benefitfrom the acquisition and construction of any Local Improvements or Related Services. "Assessment Unit" means the unit or criteria utilized to determine the Assessment for each parcel of property, as set forth in the Initial Local Improvement Assessment Resolution or the Initial Related Service Assessment Resolution. "Assessment Units" may include, by way of example only and not limitation, one or a combination of the following: 2 DRAFT #2: 07/16/98 97042.004 front footage, platted lots or parcels of record, land area, improvement area, equivalent residential connections, permitted land use, trip generation rates, rights to future trip generation capacity under applicable concurrency management regulations, or any other physical characteristic or reasonably expected use of the property that is logically related to the Local Improvement or Related Service to be funded from proceeds of the Assessment. "Capital Cost" means all or any portion of the expenses that are properly attributable to the acquisition, design, construction, installation, reconstruction, renewal or replacement (including demolition, environmental mitigation and relocation) of Local Improvements and imposition of the related Assessments under generally accepted accounting principles; and including reimbursementto the City for any funds advanced for Capital Cost and interest on any interfund or intrafund loan for such purposes. "City" means the City of Winter {Park} [Springs], Florida. "City Clerk" means the official custodian of all City records and papers of an official character as set forth in Section 4.10 of the City Charter, or her designee. "City Commission" means the City Commission for the City. "City Manager" means the administrative and executive head of the City as set forth in Article V of the City Charter, or his designee. "Final Local Improvement Assessment Resolution" means the resolution described in Section 3.06 hereof, which shall confirm, modify or repeal the Initial Local 3 DRAFT #2: 07/16/98 97042.004 Improvement Assessment Resolution and which shall be the final proceeding for the imposition of a Local Improvement Assessment. "Final Related Service Assessment Resolution" means the resolution described in Section 4.06 hereof, which shall confirm, modify or repeal the Initial Related Service Assessment Resolution and shall be the final proceeding for the imposition of a Related Service Assessment. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the City. "Government Property" means property owned by the United States of America, the State of Florida, a county, a special district, a municipal corporation, or any of their respective agencies or political subdivisions. "Initial Local Improvement Assessment Resolution" means the resolution described in Section 3.02 hereof, which shall be the initial proceeding for the imposition of a Local Improvement Assessment. "Initial Related Service Assessment Resolution" means the resolution described in Section 4.02 hereof, which shall be the initial proceeding for the imposition of a Related Service Assessment. 4 DRAFT #2: 07/16/98 97042.004 "Local Improvement" means a capital improvement program or plan for the construction or installation by the City for the special benefit of a neighborhood or other local area. "Local Improvement Assessment" means a special assessment imposed by the City pursuant to Section 3.01 hereof upon each parcel of property within the Assessment Area. "Local Improvement Assessment Roll" means the special assessment roll relating to Local Improvement Assessments, approved by a Final Local Improvement Assessment Resolution or an Annual LocallmprovementAssessment Resolution pursuant to Section 3.06 or Section 3.07 hereof. "Obligations" means bonds or other evidence of indebtedness including but not limited to, notes, commercial paper, capital leases or any other obligation issued or incurred to finance any portion of the Project Cost of Local Improvements and secured, in whole or in part, by proceeds of the Assessments. "Operating Cost" means all or any portion of the expenses that are properly attributable to Related Services under generally accepted accounting principles, including, without limiting the generality of the foregoing, reimbursement to the City for any funds advanced for Related Services, and interest on any interfund or intrafund loan for such purpose. 5 DRAFT #2: 07/16/98 97042.004 "Ordinance" means this Local Improvement and Related Service Assessment Ordinance. "Pledged Revenue" means, as to any series of Obligations, (A) the proceeds of such Obligations, including investment earnings, (8) proceeds of the Assessments pledged to secure the payment of such Obligations, and (C) any other legally available non-ad valorem revenue pledged, at the City Commission's sole option, to secure the payment of such Obligations, as specified by the ordinance and resolution authorizing such Obligations. "Project Cost" means (A) the Capital Cost of a Local Improvement, (8) the Transaction Cost associated with the Obligations which financed the Local Improvement, (C) interest accruing on such Obligations for such period of time as the City deems appropriate, (0) the debt service reserve fund or account, if any, established for the Obligations which financed the Local Improvement, and (E) any other costs or expenses related thereto. "Property Appraiser" means the Seminole County Property Appraiser. "Related Service" means the operation and maintenance of a Local Improvement. "Related Service Assessment" means an annual special assessment imposed by the City pursuant to Section 4.01 hereof upon each parcel of property within the Assessment Area. 6 DRAFT #2: 07/16/98 97042.004 "Related Service Assessment Roll" means the special assessment roll relating to Related Service Assessments, approved by a Final Related Service Assessment Resolution or an Annual Related Service Assessment Resolution pursuant to Section 4.06 or Section 4.07 hereof. "Related Service Cost" means all expenses that are properly attributable to maintenance of the Local Improvement (excluding amounts paid or reimbursed by FOOT) under generally accepted accounting principles, including, without limiting the generality of the foregoing, reimbursementto the City for any moneys advanced for Related Service, and interest on any interfund loan for such purposes. "Resolution of Intent" means the resolution expressing the City Commission's intent to collect Assessments on the ad valorem tax bill required by the Uniform Assessment Collection Act. "Tax Collector" means the Seminole County Tax Collector. "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. "Transaction Cost" means the costs, fees and expenses incurred by the City in connection with the issuance and sale of any series of Obligations, including but not limited to (A) rating agency and other financing fees; (B) the fees and disbursements of bond counsel; (C) the underwriters' discount; (0) the fees and disbursements of the City's financial advisor; (E) the costs of preparing and printing the Obligations, the preliminary 7 DRAFT #2: 07/16/98 97042.004 official statement, the final official statement, and all other documentation supporting issuance of the Obligations; (F) the fees payable in respect of any municipal bond insurance policy; (G) administrative, development, credit review, and all other fees associated with any pooled commercial paper or similar interim financing program; and (G) any other costs of a similar nature incurred in connection with issuance of such Obligations. "Uniform Assessment Collection Act" means sections 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 taxes, and any applicable regulations promulgated thereunder. SECTION 1.02. INTERPRETATION; TITLE AND CITATION. (A) Unless the context indicates otherwise, words importing the singular number include the plural number and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similarterms refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Ordinance. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. (8) This Ordinance, being necessary for the welfare of the inhabitants of the City, particularly the owners of property located within the Assessed Areas, shall be liberally construed to effect the purposes hereof. 8 DRAFT #2: 07/16/98 97042.004 (C) This Ordinance shall be known and cited as the "Local Improvement and Related Service Assessment Ordinance." SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined and declared that: (A) Pursuantto Article VIII, Section 2(b) of the Florida Constitution and sections 166.021 and 166.041, Florida Statutes, the City Commission has all powers of local self-government to perform municipal functions and to render municipal services except when prohibited by law and such power may be exercised by the enactment of legislation in the form of City ordinances. (8) The City Commission may exercise any governmental, corporate, or proprietary power for a municipal purpose except when expressly prohibited by law, and the City Commission may legislate on any subject matter on which the Florida Legislature may act, except those subjects described in (a), (b), (c), and (d) of section 166.021 (3), Florida Statutes. The subject matter of paragraphs (a), (b), (c), and (d) of section 166.021 (3), Florida Statutes, are not relevant to imposition of assessments related to Local Improvements or Related Services within the City. (C) The Assessments imposed pursuantto this Ordinancewill be imposed by the City Commission, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this Ordinance shall be construed solely as ministerial. 9 DRAFT #2: 07/16/98 97042.004 ARTICLE II ASSESSED AREAS AND ADVISORY COMMITTEES SECTION 2.01. DEFINITION OF ASSESSED AREAS. The City Commission is hereby authorized to define Assessed Areas in accordance with the procedures set forth herein to include property located within the incorporated area of the City. Each Assessed Area shall encompass only that property specially benefitted by the Local Improvements or Related Services proposed for funding from the proceeds of Assessments to be imposed therein. SECTION 2.02. CREATION OF ADVISORY COMMITTEES. (A) The City Commission may establish by resolution an advisory committee for any Assessment Area within which Assessments are imposed. (8) Each advisory committee shall consist of at least five members appointed by the City Commission. Members of the advisory committee may be residents or persons with a vocational or investment interest in the Assessed Area. {City residency is not requir-ed.} All members of any advisory committee shall serve at the pleasure of the City Commission. (C) Each advisory committee, for its respective Assessed Area, and in conjunction with City staff personnel, shall timely provide input and recommendations to City staff or City consulting professionals assigned the task of providing technical 10 DRAFT #2: 07/16/98 97042.004 assistance in the following activities: (1) development of a budget for the desired Local Improvement or Related Services, (2) imposition of Assessments to fund the Local Improvement or Related Services, (3) issuance of the Obligations when required, and (4) maintenance of the Local Improvement or the provision of Related Services. The advisory committee shall review and discuss issues related to the foregoing and other directly related matters of interest to the owners of property within the respective Assessed Areas and make such recommendations thereon as the advisory committee deems appropriate. [(D) Unless otherwise provided by resolution of the City Commission: (1) each initial member of an advisory committee shall be nominated (one each) by the City Commission; however each nominee shall be confirmed by majority vote of the entire City Commission, (2) two members of the advisory committee first appointed shall serve 2-year terms and the remaining three members first appointed shall serve 3-year terms; thereafter members shall serve not more than two consecutive 3-year terms; persons serving partial terms shall be entitled to serve the partial term and two full consecutive 3-year terms, (3) each advisory committee shall have the authority to determine its own rules and procedures, provided that such rules and procedures are not inconsistent with law or direction of the City Commission; (4) each advisory committee may elect from its members a chairman and such officers as it may deem appropriate; however, each advisory committee shall designate from its members one person who shall serve as the official liaison between the advisory 11 DRAFT #2: 07/16/98 97042.004 committee and the City; such liaison shall direct all formal communications to the City Manager regarding the business of the advisory committee; (5) all meetings of the advisory committee shall be noticed in advance and be held at City Hall and in all ways conducted in conformance with all government in-the-sunshine and open public-records laws, (6) on matters requiring a vote of the membership of the advisory committee, all members shall vote unless an actual conflict of interest is stated on the record, (7) each advisory committee shall meet not less than once quarterly failure to attend three meetings in anyone twelve month period or three consecutive advisory committee meetings shall be grounds for removal.] SECTION 2.03. LANDOWNER PETITION PROCESS. At its option, the City Commission may establish or ratify a process pursuant to which the owners of property may petition or provide direction to the Commission relative to the creation of an Assessed Area to fund Local Improvements and Related Services. Notwithstanding any such process established or ratified pursuantto this Ordinance, the City Commission shall retain the authority to create Assessed Areas without a landowner petition non-binding ballot. 12 DRAFT #2: 07/16/98 97042.004 ARTICLE III LOCAL IMPROVEMENT ASSESSMENTS SECTION 3.01. AUTHORITY. The City Commission is hereby authorized to impose Local Improvement Assessments against property located within an Assessed Area to fund the Project Cost of Local Improvements. The Assessment shall be computed in a manner that fairly and reasonably apportions the Project Cost among the parcels of property within the Assessed Area, based upon objectively determinable Assessment Units. SECTION 3.02. INITIAL LOCAL IMPROVEMENT ASSESSMENT RESOLUTION. The initial proceeding for defining an Assessed Area and imposition of a Local Improvement Assessment shall be the City Commission's adoption of an Initial Local Improvement Assessment Resolution. The Initial Local Improvement Assessment Resolution shall (A) describe the property to be located within the proposed Assessed Area; (8) describe the Local Improvement proposed for funding from proceeds of the Local Improvement Assessments; (C) estimate the Capital Cost and Project Cost; (D) describe with particularity the proposed method of apportioning the Capital Cost and Project Cost among the parcels of property located within the proposed Assessed Area, such that the owner of any parcel of property can objectively determine the number of Assessment Units and the amount of the Assessment; (E) describe the provisions, if any, for acceleration and 13 DRAFT #2: 07/16/98 97042.004 prepayment of the Assessment; ((6)>[(F)] describe the provisions, if any, for reallocating the Assessment upon future subdivision; and ftH7t((G)] include specific legislative findings that recognize the fairness provided by the apportionment methodology. SECTION 3.03. LOCAL IMPROVEMENT ASSESSMENT ROLL. (A) The City Clerk shall prepare a preliminary Local Improvement Assessment Roll that contains the following information: (1) a summary description of each parcel of property (conforming, to the description contained on the Tax Roll) subject to the Local Improvement Assessment; (2) the name of the owner of record of each parcel, as shown on the Tax Roll; (3) the number of Assessment Units attributable to each parcel; (4) the estimated maximum annual Local Improvement Assessment to become due in any Fiscal Year for each Assessment Unit; and (5) the estimated maximum annual Local Improvement Assessment to become due in any Fiscal Year for each parcel. (8) Copies, of the Initial Local Improvement Assessment Resolution and the preliminary Local Improvement Assessment Roll shall be on file in the office of the City Clerk and open to public inspection. The foregoing shall not be construed to require that 14 DRAFT #2: 07/16/98 97042.004 the Local Improvement Assessment Roll be in printed form if the amount of the Local Improvement Assessment for each parcel of property can be determined by use of a computer terminal available to the public. SECTION 3.04. NOTICE BY PUBLICATION. After filing the Local Improvement Assessment Roll in the office of the City Clerk, as required by Section 3.03(8) hereof, the City Clerk shall publish once in a newspaper of general circulation within the City a notice stating that at a public hearing of the City Commission will be held on a certain day and hour, not earlier than 20 calendar days from such publication, at which hearing the City Commission will receive written comments and hear testimony from all interested persons regarding definition of the Assessed Area and adoption of the Final Local Improvement Assessment Resolution. The published notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. SECTION 3.05. NOTICE BY MAIL. In addition to the published notice required by Section 3.04, the City Clerk shall provide notice of the proposed Local Improvement Assessment by first class mail to the owner of each parcel of property subject to the Assessment. The mailed notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. Notice shall be mailed at least 20 calendar days prior to the hearing to each property owner at such address as is shown on the Tax Roll on the twentieth calendar day prior to the date of mailing. Notice shall be deemed mailed upon delivery thereof to the possession of the U.S. Postal Service. The City Clerk may provide 15 DRAFT #2: 07/16/98 97042.004 proof of such notice by affidavit. Failure of the owner to receive such notice due to mistake or inadvertence shall not affect the validity of the Local Improvement Assessment Roll nor release or discharge any obligation for the payment of a Local Improvement Assessment imposed by the City Commission pursuant to this Ordinance. SECTION 3.06. ADOPTION OF FINAL LOCAL IMPROVEMENT ASSESSMENT RESOLUTION. At the time named in such notice, or such time to which an adjournment or continuance may be taken, the City Commission shall receive written objections and hear testimony of interested persons and may then, or at any subsequent meeting of the City Commission, adopt the Final Local Improvement Assessment Resolution which shall (A) define the Assessed Area; (8) confirm, modify or repeal the Initial Local Improvement Assessment Resolution with such amendments, if any, as may be deemed appropriate by the City Commission; (C) establish the maximum amount of the Local Improvement Assessment for each Assessment Unit; (0) approve the Local Improvement Assessment Roll, with such amendments as it deems just and right; and (E) determine the method of collection. Following adoption of the Final Local Improvement Assessment Resolution but priorto the date on which the Local Improvement Assessment Roll is certified for collection pursuant to Article V hereof, the City Commission may obtain a written legal opinion that the LocallmprovementAssessments have been validly imposed from the Office of the City Attorney, an attorney-at-law or firm of attorneys of recognized standing in matters pertaining to local government law; provided however, that the failure 16 DRAFT #2: 07/16/98 97042.004 to obtain such opinion shall not invalidate the Local Improvement Assessments or affect the factual findings made by the City Commission in connection therewith. SECTION 3.07. ANNUAL LOCAL IMPROVEMENT ASSESSMENT RESOLUTION. During its budget adoption process, the City Commission shall adopt an Annual Local Improvement Assessment Resolution for each Fiscal Year in which Local Improvement Assessmentswill be imposed to approve the LocallmprovementAssessment Roll for such Fiscal Year. The Final Local Improvement Assessment Resolution shall constitute the Annual Local Improvement Assessment Resolution for the initial Fiscal Year. The Local Improvement Assessment Roll shall be prepared in accordance with the Initial Local Improvement Assessment Resolution, as confirmed or amended by the Final Local Improvement Assessment Resolution. If the proposed LocallmprovementAssessmentfor any parcel of property exceeds the maximum amount established in the notice provided pursuant to Section 3.05 hereof or if a Local Improvement Assessment is imposed against property not previously subject thereto, the City Commission shall provide notice to the owner of such property in accordance with Sections 3.04 and 3.05 hereof and conduct a public hearing prior to adoption of the Annual Local Improvement Assessment Resolution. Failure to adopt an Annual Local Improvement Assessment Resolution during the budget adoption process for a Fiscal Year may be cured at any time. SECTION 3.08. EFFECT OF LOCAL IMPROVEMENT ASSESSMENT RESOLUTIONS. The adoption of the Final Local Improvement Assessment Resolution 17 DRAFT #2: 07/16/98 97042.004 shall be the final adjudication of the issues presented (including, but not limited to, the apportionment methodology, the rate of assessment, the adoption of the Local Improvement Assessment Roll and the levy and lien of the Local Improvement Assessments), unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission adoption of the Final Local Improvement Assessment Resolution. The Local Improvement Assessments for each Fiscal Year shall be established upon adoption of the Annual Local Improvement Assessment Resolution. The Local Improvement Assessment Roll, as approved by the Annual Local Improvement Assessment Resolution, shall be certified to the Tax Collector, or such other official as the City Commission by resolution deems appropriate. SECTION 3.09. LIEN OF ASSESSMENTS. (A) Upon adoption of the Annual Local Improvement Assessment Resolution for each Fiscal Year, Local Improvement Assessments to be collected under the Uniform Assessment Collection Act shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as 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 adoption by the City Commission of the Annual Local Improvement Assessment Resolution and shall attach to the property included on the LocallmprovementAssessment Roll as of the prior January 1, the lien date for ad valorem taxes. 18 DRAFT #2: 07/16/98 97042.004 (8) Upon adoption of the Final LocallmprovementAssessment Resolution, Local Improvement Assessments to be collected under any alternative method of collection provided in Section 5.02 hereof shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as 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 on the date notice thereof is recorded in the Official Records of Seminole County, Florida. SECTION 3.10. REVISIONS TO LOCAL IMPROVEMENT ASSESSMENTS. If any Local Improvement 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 the City Commission is satisfied that any such Local Improvement Assessment is so irregular or defective that the same cannot be enforced or collected, or if the City Commission has failed to include any property on the Local Improvement Assessment Roll which property should have been so included, the City Commission may take all necessary steps to impose a new Local Improvement Assessment against any property benefitted by the Local Improvement, following as nearly as may be practicable, the provisions of this Ordinance and in case such second Local Improvement Assessment is annulled, the City Commission may obtain and impose other Local Improvement Assessments until a valid Local Improvement Assessment is imposed. 19 DRAFT #2: 07/16/98 97042.004 SECTION 3.11. PROCEDURAL IRREGULARITIES. Any irregularity in the proceedings in connection with the levy of any Local Improvement Assessment under the provisions of this Ordinance shall not affect the validity of the same after the approval o thereof, and any Local Improvement Assessment as finally approved shall be competent and sufficient evidence that such LocallmprovementAssessmentwas duly levied, that the Local Improvement Assessment was duly made and adopted, and that all other proceedings adequate to such Local Improvement Assessment were duly had, taken and performed as required by this Ordinance; and no variance 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 Section, any party objecting to a Local Improvement Assessment imposed pursuant to this Ordinance must file an objection with a court of competent jurisdiction within the time periods prescribed herein. SECTION 3.12. CORRECTION OF ERRORS AND OMISSIONS. (A) No act of error or omission on the part of the City Commission, City Manager, Property Appraiser, Tax Collector, City Clerk, or their respective deputies or employees, shall operate to release or discharge any obligation for payment of any Local Improvement Assessment imposed by the City Commission under the provisions of this Ordinance. (8) The number of Assessment Units attributed to a parcel of property may be corrected at any time by the City Manager. Any such correction which reduces a Local Improvement Assessment shall be considered valid from the date on which the Local 20 DRAFT #2: 07/16/98 97042.004 Improvement Assessment was imposed and shall in no way affect the enforcement of the LocallmprovementAssessmentimposed underthe provisions of this Ordinance. Any such correction which increases a Local Improvement Assessment or imposes a Local Improvement Assessment on omitted property shall first require notice to the affected owner in the manner described in Section 3.05 hereof, providing the date, time and place that the City Commission will consider confirming the correction and offering the owner an opportunity to be heard. (C) After the Local Improvement Assessment Roll has been delivered to the Tax Collector in accordance with the Uniform Assessment Collection Act, any changes, modifications or corrections thereto shall be made in accordance with the procedures applicable to errors and insolvencies for ad valorem taxes. 21 DRAFT #2: 07/16/98 97042.004 ARTICLE IV RELATED SERVICE ASSESSMENTS SECTION 4.01. AUTHORITY. The City Commission is hereby authorized to impose Related Service Assessments against property located within an Assessed Area to fund the Operating Cost of Related Services. The Assessment shall be computed in a manner that fairly and reasonably apportions the Operating Cost among the parcels of property within the Assessed Area, based upon objectively determinable Assessment Units. SECTION 4.02. INITIAL RELATED SERVICE ASSESSMENT RESOLUTION. The initial proceeding for defining an Assessed Area and imposition of a Related Service Assessment shall be the City Commission's adoption of an Initial Related Service Assessment Resolution. The Initial Related Service Assessment Resolution shall (A) describe the property to be located within the proposed Assessed Area; (8) describe the Related Service proposed for funding from proceeds of the Related Service Assessments; (C) estimate the Operating Cost; (0) describe with particularity the proposed method of apportioning the Operating Cost among the parcels of property located within the proposed Assessed Area, such that the owner of any parcel of property can objectively determine the number of Assessment Units and the amount of the Assessment; (E) describe the provisions, if any, for acceleration and prepayment of the Assessment; (G) describe the 22 DRAFT #2: 07/16/98 97042.004 provisions, if any, for reallocating the Assessment upon future subdivision; and (H) include specific legislative findings that recognize the fairness provided by the apportionment methodology. SECTION 4.03. RELATED SERVICE ASSESSMENT ROLL. (A) The City Clerk shall prepare a preliminary Related Service Assessment Roll that contains the following information: (1) a summary description of each parcel of property (conforming to the description contained on the Tax Roll) subject to the Related Service Assessment; (2) the name of the owner of record of each parcel, as shown on the Tax Roll; (3) the number of Assessment Units attributable to each parcel; (4) the estimated maximum annual Related Service Assessment to become due in any Fiscal Year for each Assessment Unit; and (5) the estimated maximum annual Related Service Assessment to become due in any Fiscal Year for each parcel. (B) Copies of the Initial Related Service Assessment Resolution and the preliminary Related Service Assessment Roll shall be on file in the office of the City Clerk and open to public inspection. The foregoing shall not be construed to require that the Related Service Assessment Roll be in printed form if the amount of the Related Service 23 DRAFT #2: 07/16/98 97042.004 Assessment for each parcel of property can be determined by use of a computer terminal available to the public. SECTION 4.04. NOTICE BY PUBLICATION. After filing the Related Service Assessment Roll in the office of the City Clerk, as required by Section 4.03(8) hereof, the City Clerk shall publish once in a newspaper of general circulation within the City a notice stating that at a public hearing of the Gity Commission will be held on a certain day and hour, not earlier than 20 calendar days from such publication, at which hearing the City Commission will receive written comments and hear testimony from all interested persons regarding definition of the Assessed Area and adoption of the Final Related Service Assessment Resolution. The published notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. SECTION 4.05. NOTICE BY MAIL. In addition to the published notice required by Section 4.04, the City Clerk shall provide notice of the proposed Related Service Assessment by first class mail to the owner of each parcel of property subject to the Assessment. The mailed notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. Notice shall be mailed at least 20 calendar days prior to the hearing to each property owner at such address as is shown on the Tax Roll on the twentieth calendar day prior to the date of mailing. Notice shall be deemed mailed upon delivery thereof to the possession of the U.S. Postal Service. The City Clerk may provide proof of such notice by affidavit. Failure of the owner to receive such notice due to mistake 24 DRAFT #2: 07/16/98 97042.004 or inadvertence shall not affect the validity of the Related Service Assessment Roll nor release or discharge any obligation for the payment of a Related Service Assessment imposed by the City Commission pursuant to this Ordinance. SECTION 4.06. ADOPTION OF FINAL RELATED SERVICE ASSESSMENT RESOLUTION. At the time named in such notice, or such time to which an adjournment or continuance may be taken, the City Commission shall receive written objections and hear testimony of interested persons and may then, or at any subsequent meeting of the City Commission, adopt the Final Related Service Assessment Resolution which shall (A) define the Assessed Area; (8) confirm, modify or repeal the Initial Related Service Assessment Resolution with such amendments, if any, as may be deemed appropriate by the City Commission; (C) establish the maximum amount of the Related Service Assessment for each Assessment Unit; (D) approve the Related Service Assessment Roll, with such amendments as it deems just and right; and (E) determine the method of collection. Following adoption of the Final Related Service Assessment Resolution but prior to the date on which the Related Service Assessment Roll is certified for collection pursuant to Article V hereof, the City Commission may obtain a written legal opinion that the Related Service Assessments have been validly imposed from the Office of the City Attorney, an attorney-at-law or firm of attorneys of recognized standing in matters pertaining to local government law; provided however, that the failure to obtain such 25 DRAFT #2: 07/16/98 97042.004 opinion shall not invalidate the Related Service Assessments or affect the factual findings made by the City Commission in connection therewith. SECTION 4.07. ANNUAL RELATED SERVICE ASSESSMENT RESOLUTION. During its budget adoption process, the City Commission shall adopt an Annual Related Service Assessment Resolution for each Fiscal Year in which Related Service Assessments will be imposed to approve the Related Service Assessment Roll for such Fiscal Year. The Final Related Service Assessment Resolution shall constitute the Annual Related Service Assessment Resolution for the initial Fiscal Year. The Related Service Assessment Roll shall be prepared in accordance with the Initial Related Service Assessment Resolution, as confirmed or amended by the Final Related Service Assessment Resolution. If the proposed Related Service Assessment for any parcel of property exceeds the maximum amount established in the notice provided pursuant to Section 4.05 hereof or if a Related Service Assessment is imposed against property not previously subject thereto, the City Commission shall provide notice to the owner of such property in accordance with Sections 4.04 and 4.05 hereof and conduct a public hearing prior to adoption of the Annual Related Service Assessment Resolution. Failure to adopt. an Annual Related Service Assessment Resolution during the budget adoption process for. a Fiscal Year may be cured at any time. SECTION 4.08. EFFECT OF RELATED SERVICE ASSESSMENT RESOLUTIONS. The adoption of the Final Related Service Assessment Resolution shall 26 DRAFT #2: 07/16/98 97042.004 be the final adjudication of the issues presented (including, but not limited to, the apportionment methodology, the rate of assessment, the adoption of the Related Service Assessment Roll and the levy and lien of the Related Service Assessments), unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission adoption of the Final Related Service Assessment Resolution. The Related Service Assessments for each Fiscal Year shall be established upon adoption of the Annual Related Service Assessment Resolution. The Related Service Assessment Roll, as approved by the Annual Related Service Assessment Resolution, shall be certified to the Tax Collector, or such other official as the City Commission by resolution deems appropriate. SECTION 4.09. LIEN OF ASSESSMENTS. (A) Upon adoption of the Annual Related Service Assessment Resolution for each Fiscal Year, Related Service Assessments to be collected under the Uniform Assessment Collection Act shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as 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 adoption by the City Commission of the Annual Related Service Assessment Resolution and shall attach to the property included on the Related Service Assessment Roll as of the prior January 1, the lien date for ad valorem taxes. 27 DRAFT #2: 07/16/98 97042.004 (B) Upon adoption of the Final Related Service Assessment Resolution, Related Service Assessments to be collected under any alternative method of collection provided in Section 5.02 hereof shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as 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 on the date notice thereof is recorded in the Official Records of Seminole County, Florida. SECTION 4.10. REVISIONS TO RELATED SERVICE ASSESSMENTS. If any Related Service 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 the City Commission is satisfied that any such Related Service Assessment is so irregular or defective that the same cannot be enforced or collected, or if t~e City Commission has failed to include any property on the Related Service Assessment Roll which property should have been so included, the City Commission may take all necessary steps to impose a new Related Service Assessment against any property benefitted by the Related Service, following as nearly as may be practicable, the provisions of this Ordinance and in case such second Related Service Assessment is annulled, the City Commission may obtain and impose other Related Service Assessments until a valid Related Service Assessment is imposed. 28 DRAFT #2: 07/16/98 97042.004 SECTION 4.11. PROCEDURAL IRREGULARITIES. Any irregularity in the proceedings in connection. with the levy of any Related Service Assessment under the provisions of this Ordinance shall not affect the validity of the same after the approval thereof, and any Related Service Assessment as finally approved shall be competent and sufficient evidence that such Related Service Assessmentwas duly levied, that the Related Service Assessmentwas duly made and adopted, and that all other proceedings adequate to such Related Service Assessment were duly had, taken and performed as required by this Ordinance; and no variance 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 Section, any party objecting to a Related Service Assessment imposed pursuant to this Ordinance must file an objection with a court of competent jurisdiction within the time periods prescribed herein. SECTION 4.12. CORRECTION OF ERRORS AND OMISSIONS. (A) No act of error or omission on the part of the City Commission, City Manager, Property Appraiser, Tax Collector, City Clerk, or their respective deputies or employees, shall operate to release or discharge any obligation for payment of any Related Service Assessment imposed by the City Commission under the provisions of this Ordinance. (8) The number of Assessment Units attributed to a parcel of property may be corrected at any time by the City Manager. Any such correction which reduces a Related Service Assessment shall be considered valid from the date on which the Related Service 29 DRAFT #2: 07/16/98 97042.004 Assessment was imposed and shall in no way affect the enforcement of the Related Service Assessment imposed under the provisions of this Ordinance. Any such correction which increases a Related Service Assessment or imposes a Related Service Assessment on omitted property shall first require notice to the affected owner in the manner described in Section 4.05 hereof, providing the date, time and place that the City Commission will consider confirming the correction and offering the owner an opportunity to be heard. (C) After the Related Service Assessment Roll has been delivered to the Tax Collector in accordance with the Uniform Assessment Collection Act, any changes, modifications or corrections thereto shall be made in accordance with the procedures applicable to errors and insolvencies for ad valorem taxes. 30 DRAFT #2: 07/16/98 97042.004 ARTICLE V COLLECTION OF ASSESSMENTS SECTION 5.01. METHOD OF COLLECTION. Unless directed otherwise by the City Commission, Assessments (other than Assessments imposed against Government Property) shall be collected pursuant to the Uniform Assessment Collection Act, and the City shall comply with all applicable provisions thereof. The Resolution of Intent required by the Uniform Assessment Collection Act may be adopted either prior to or follovving the Initial Local Improvement Assessment Resolution or Initial Related Service Assessment Resolution; provided however, that the Resolution of Intent must be adopted prior to January 1 (or March 1 with consent of the Property Appraiser and Tax Collector) of the year in which the Assessments are first collected on the ad valorem tax bill. Any hearing or notice required by this Ordinance may be combined with any other hearing or notice required by the Uniform Assessment Collection Act. SECTION 5.02. ALTERNATIVE METHOD OF COLLECTION. In lieu of using the Uniform Assessment Collection Act, the City may elect to collect the Assessment by any other method which is authorized by law or provided by this Section as follows: (A) The City shall provide Assessment bills by first class mail to the owner of each affected parcel of property, other than Government Property. The bill or accompanying explanatory material shall include (1) a brief explanation of the Assessment, 31 DRAFT #2: 07/16/98 97042.004 (2) a description of the Assessment Units used to determine the amount of the Assessment, (3) the number of Assessment Units attributable to the parcel, (4) the total amount of the parcel's Assessment for the appropriate period, (5) the location at which payment will be accepted, (6) the date on which the Assessment is due, and (7) a statement that the Assessment constitutes a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. (B) A general notice of the lien resulting from imposition of the Assessments shall be recorded in the Official Records of Seminole County, Florida. Nothing herein shall be construed to require that individual liens or releases be filed in the Official Records. (C) The City shall have the right to appoint or retain an agent to foreclose and collect all delinquent Assessments in the manner provided by law. An Assessment shall become delinquent if it is not paid within 30 days from the due date. The City or its agent shall notify any property owner who is delinquent in payment of an Assessment within 60 days from the date such Assessment was due. Such notice shall state in effect that the City or its agent will initiate a foreclosure action and cause the foreclosure of such property subject to a delinquent Assessment in a method now or hereafter provided by law for foreclosure of mortgages on real estate, or otherwise as provided by law. (0) All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to any foreclosure action as described herein shall be included 32 DRAFT #2: 07/16/98 97042.004 in any judgment or decree rendered therein. At the sale pursuant to decree in any such action, the City may be the purchaser to the same extent as an individual person or corporation. The City may join in one foreclosure action the collection of Assessments against any or all property assessed in accordance with the provisions hereof. All delinquent property owners whose property is foreclosed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the City and its agents, including reasonable attorney fees, in collection of such delinquent Assessments and any other costs incurred by the City as a result of such delinquent Assessments including, but not limited to, costs paid for draws on a credit facility and the same shall be collectible as a part of or in addition to, the costs of the action. (E) In lieu of foreclosure, any delinquent Assessment and the costs, fees and expenses attributable thereto, may be collected pursuant to the Uniform Assessment Collection Act; provided however, that (1) notice is provided to the owner in the manner required by law and this Ordinance, and (2) any existing lien of record on the affected parcel for the delinquent Assessment is supplanted by the lien resulting from certification of the Local Improvement Assessment Roll or the Related Service Assessment Roll to the Tax Collector. SECTION 5.03. RESPONSIBILITY FOR ENFORCEMENT. The City and its agent, if any, shall maintain the duty to enforce the prompt collection of Assessments by the means provided herein. The duties related to collection of Assessments may be 33 DRAFT #2: 07/16/98 97042.004 enforced at the suit of any holder of Obligations in a court of competent jurisdiction by mandamus or other appropriate proceedings or actions. SECTION 5.04. GOVERNMENT PROPERTY. (A) If Assessments are imposed against Government Property, the City shall provide Assessment bills by first class mail to the owner of each affected parcel of Government Property. The bill or accompanying explanatory material shall include (1 ) a brief explanation of the Assessment, (2) a description of the Assessment Units used to determine the amount of the Assessment, (3) the number of Assessment Units attributable to the parcel, (4) the total amount of the parcel's Assessment for the appropriate period, (5) the location at which payment will be accepted, and (6) the date on which the Assessment is due. (8) Assessments imposed against Governmental Property shall be due on the same date as Assessments against other property within the Assessed Area and, if applicable, shall be subject to the same discounts for early payment. (C) An Assessment shall become delinquent if it is not paid within 30 days from the due date. The City shall notify the owner of any Government Property that is delinquent in payment of its Assessment within 60 days from the date such Assessment was due. Such notice shall state in effect that the City will initiate a mandamus or other appropriate judicial action to compel payment. 34 DRAFT #2: 07/16/98 97042.004 (D) All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to any mandamus or other action as described herein shall be included in any judgment or decree rendered therein. All delinquent owners of Government Property against which a mandamus or other appropriate action is filed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the City, including reasonable attorney fees, in collection of such delinquent Assessments and any other costs incurred by the City as a result of such delinquentAssessments including, but not limited to, costs paid for draws on a credit facility and the same shall be collectible as a part of or in addition to, the costs of the action. (E) As an alternative to the foregoing, an Assessment imposed against Government Property may be collected on the bill for any utility service provided to such Governmental Property. The City Commission may contract for such billing services with any utility provider. 35 DRAFT #2: 07/16/98 97042.004 ARTICLE VI ISSUANCE OF OBLIGATIONS SECTION 6.01. GENERAL AUTHORITY. (A) Upon adoption of the Final Local Improvement Assessment Resolution or Final Related Service Assessment Resolution imposing Assessments to fund, respectively, a Local Improvement or a Related Service, or at any time thereafter, the City Commission shall have the power and is hereby authorized to provide by resolution, at one time or from time to time in series, for the issuance of Obligations to fund the Project Cost or Operating Cost thereof. (8) The principal of and interest on each series of Obligations shall be payable from Pledged Revenue. At the option of the City Commission, the City may agree, by resolution, to budget and appropriate funds to make up any deficiency in the reserve account established for the Obligations or in the payment of the Obligations, from other non-ad valorem revenue sources. The City Commission may also provide, by resolution, for a pledge of or lien upon proceeds of such non-ad valorem revenue sources for the benefit of the holders of the Obligations. Any such resolution shall determine the nature and extent of any pledge of or lien upon proceeds of such non-ad valorem revenue sources. 36 DRAFT #2: 07/16/98 97042.004 SECTION 6.02. TERMS OF THE OBLIGATIONS. The Obligations shall be dated, shall bear interest at such rate or rates, shall mature at such times as may be determined by resolution of the City Commission, and may be made redeemable before maturity, at the option of the City, at such price or prices and under such terms and conditions, all as may be fixed by the City Commission. Said Obligations shall mature not later than 40 years after their issuance. The City Commission shall determine by resolution the form of the Obligations, the manner of executing such Obligations, and shall fix the denominations of such Obligations, the place or places of payment of the principal and interest, which may be at any bank or trust company within or outside of the State of Florida, and such other terms and provisions of the Obligations as it deems appropriate. The Obligations may be sold at public or private sale for such price or prices as the City Commission shall determine by resolution. The Obligations may be delivered to any contractor to pay for construction of the Local Improvements or may be sold in such manner and for such price as the City Commission may determine by resolution to be for the best interests of the City. SECTION 6.03. VARIABLE RATE OBLIGATIONS. At the option of the City Commission, Obligations may bear interest at a variable rate. SECTION 6.04. TEMPORARY OBLIGATIONS. Prior to the preparation of definitive Obligations of any series, the City Commission may, under like restrictions, issue interim receipts, interim certificates, or temporary Obligations, exchangeable for definitive 37 DRAFT #2: 07/16/98 97042.004 Obligations when such Obligations have been executed and are available for delivery. The City Commission may also provide for the replacement of any Obligations which shall become mutilated, destroyed or lost. Obligations may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required by this Ordinance. SECTION 6.05. ANTICIPA TION NOTES. In anticipation of the sale of Obligations, the City Commission may, by resolution, issue notes and may renew the same from time to time. Such notes may be paid from the proceeds of the Obligations, the proceeds of the Assessments, the proceeds of the notes and such other legally available moneys as the City Commission deems appropriate by resolution. Said notes shall mature within five years of their issuance and shall bear interest at a rate not exceeding the maximum rate provided by law. The City Commission may issue Obligations or renewal notes to repay the notes. The notes shall be issued in the same manner as the Obligations. SECTION 6.06. TAXING POWER NOT PLEDGED. Obligations issued under the provisions of this Ordinance shall not be deemed to constitute a general obligation or pledge of the full faith and credit of the City within the meaning of the Constitution of the State of Florida, but such Obligations shall be payable only from Pledged Revenue in the manner provided herein and by the resolution authorizing the Obligations. The issuance of Obligations under the provisions of this Ordinance shall not directly or indirectly obligate 38 DRAFT #2: 07/16/98 97042.004 the City to levy or to pledge any form of ad valorem taxation whatever therefor. No holder of any such Obligations shall ever have the right to compel any exercise of the ad valorem taxing power on the part of the City to pay any such Obligations or the interest thereon or to enforce payment of such Obligations or the interest thereon against any property of the City, nor shall such Obligations constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the Pledged Revenue. SECTION 6.07. TRUST FUNDS. The Pledged Revenue received pursuant to the authority of this Ordinance shall be deemed to be trust funds, to be held and applied solely as provided in this Ordinance and in the resolution authorizing issuance of the Obligations. Such Pledged Revenue may be invested by the City, or its designee, in the manner provided by the resolution authorizing issuance of the Obligations. The Pledged Revenue upon receipt thereof by the City shall be subject to the lien and pledge of the holders of any Obligations or any entity other than the City providing credit enhancement on the Obligations. SECTION 6.08. REMEDIES OF HOLDERS. Any holder of Obligations, except to the extent the rights herein given may be restricted by the resolution authorizing issuance of the Obligations, may, whether at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Florida or granted hereunder or under such resolution, and may enforce and compel the 39 DRAFT #2: 07/16/98 97042.004 performance of all duties required by this part, or by such resolution, to be performed by the City. SECTION 6.09. REFUNDING OBLIGATIONS. The City may, by resolution of the City Commission, issue Obligations to refund any Obligations issued pursuant to this Ordinance, or any other obligations of the City theretofore issued to finance the Project Cost of a Local Improvement, or the Operating Cost of a Related Service, and provide for the rights of the holders hereof. Such refunding Obligations may be issued in an amount sufficient to provide for the payment of the principal of, redemption premium, if any, and interest on the outstanding Obligations to be refunded. If the issuance of such refunding Obligations results in an annual Assessment that exceeds the estimated maximum annual Assessments set forth in the notice provided pursuant to Section 3.05 or Section 4.05 hereof, the City Commission shall provide notice to the affected property owners and conduct a public hearing in the manner required by Article III or IV of this Ordinance. 40 DRAFT #2: 07/16/98 97042.004 ARTICLE VII GENERAL PROVISIONS SECTION 7.01. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the imposition and collection of Assessments 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 7.02. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not 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, property or circumstances. SECTION 7.03. EFFECTIVE DATE. A certified copy of this Ordinance shall be filed in the Department of State by the City Clerk within ten (10) days after enactment by the City Commission and shall take effect when official acknowledgment has been received from that office that the same has been filed. 41 ~, DRAFT #2: 07/16/98 97042.004 PASSED ON FIRST READING BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA THIS 13TH DAY OF JULY, 1998. PASSED AND ADOPTED ON SECOND READING BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA THIS 27TH DAY OF JULY, 1998. CITY OF WINTER SPRINGS, FLORIDA (SEAL) Paul P. Partyka Mayor ATTEST: Margo Hopkins City Clerk APPROVED AS TO FORM: Frank C. Kruppenbacher City Attorney 42