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HomeMy WebLinkAbout2007 02 12 Consent 405 Resolution 2007-08 Winter Springs Golf Course Public Conservation Easement COMMISSION AGENDA ITEM 405 Consent Februaty 12.2007 Meeting Mgr. /Dept. REQUEST: Approve Resolution 2007-08 restating the City Commission's support for the public conservation easement over and under the land commonly known as the Winter Springs Golf Course. PURPOSE: The purpose of this Resolution is to restate the City Commission's support for the public conservation easement which has been imposed on and under the land commonly known as the Winter Springs Golf Course. APPLICABLE LAW AND PUBLIC POLICY: 1. Municipal Home Rule Powers Act CONSIDERATIONS: 1. On December 12, 2005, the City Commission adopted Resolution 2005-48 declaring that the perpetual public conservation easement on and under the Winter Springs Golf Course is of significant public importance. 2. Since the adoption of said Resolution, the membership on the City Commission has changed. Page 1 of 2 3. Given the change in membership, the City Commission directed that this resolution be prepared so that the current City Commission can restate that the perpetual public conservation easement is of significant importance. STAFF RECOMMENDATION: Approve Resolution 2007-08. ATTACHMENT: Resolution 2007-08 COMMISSION ACTION: The City Commission adopted a similar resolution on December 12,2005. Page 2 of 2 RESOLUTION NO. 2007-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RECOGNIZING THE CONSERV ATIONEASEMENT GRANTED TO THE CITY OF WINTER SPRINGS OVER AND UNDER THE LAND COMMONLY KNOWN AS THE WINTER SPRINGS GOLF COURSE; RESTATING THE CITY COMMISSION'S PREVIOUS DECLARATION THAT THE CONSERVATION EASEMENT IS OF SIGNIFICANT PUBLIC IMPORTANCE TO THE CITY OF WINTER SPRINGS AND ITS CITIZENS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2(b), Article VITI, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, on December 26, 1984, the City of Winter Springs was granted a perpetual conservation easement over and under the land commonly known as the Winter Springs Golf Course, recorded in Seminole County Official Record Book 1604, Page 131; and WHEREAS, an amendment to such easement was made on November 15, 1998, as reflected in Seminole County Official Record Book 3539, Page 0364; and WHEREAS, pursuant to Resolution 2005-48, the previous City Commission went on record on December 12,2005 to declare the perpetual conservation easement over and under the Winter Springs Golf Course to be of significant public importance to the City of Winter Springs and its citizens, and that such easement shall be enforced as stated in the aforementioned conservation easement; and WHEREAS, the current City Commission desires to restate the aforesaid declaration; and WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare ofthe citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference City of Winter Springs Resolution No. 2007-08Page 1 of 2 and are deemed a material part of this Resolution. Section 2. Declaration of Significant Public Importance. The City Commission hereby restates its declaration that the perpetual conservation easement granted to the City of Winter Springs over and under the land commonly known as the Winter Springs Golf Course is of significant public importance to the City of Winter Springs and its citizens, and that such easement shall be enforced as stated in the aforementioned conservation easement. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this 12th day of February 2007. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2007-08 Page 2 of 2 RESOLUTION NO. 2007-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RECOGNIZING THE CONSERVATION EASEMENT GRANTED TO THE CITY OF WINTER SPRINGS OVER AND UNDER THE LAND COMMONLY KNOWN AS THE WINTER SPRINGS GOLF COURSE; RESTATING THE CITY COMMISSION'S PREVIOUS DECLARATION THAT THE CONSERVATION EASEMENT IS OF SIGNIFICANT PUBLIC IMPORTANCE TO THE CITY OF WINTER SPRINGS AND ITS CITIZENS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2(b), Article VIII, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, on December 26, 1984, the City of Winter Springs was granted a perpetual conservation easement over and under the land commonly known as the Winter Springs Golf Course, recorded in Seminole County Official Record Book 1604, Page 131; and WHEREAS, an amendment to such easement was made on November 15, 1998, as reflected in Seminole County Official Record Book 3539, Page 0364; and WHEREAS, pursuant to Resolution 2005-48, the previous City Commission went on record on December 12, 2005 to declare the perpetual conservation easement over and under the Winter Springs Golf Course to be of significant public importance to the City of Winter Springs and its citizens, and that such easement shall be enforced as stated in the aforementioned conservation easement; and WHEREAS, the current City Commission desires to restate the aforesaid declaration; and WHEREAS, the City Commission ofthe City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: City of Winter Springs Resolution No. 2007-08 Page I of 2 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Declaration of Significant Public Importance. The City Commission hereby restates its declaration that the perpetual conservation easement granted to the City of Winter Springs over and under the land commonly known as the Winter Springs Golf Course is of significant public importance to the City of Winter Springs and its citizens, and that such easement shall be enforced as stated in the aforementioned conservation easement. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. DONE AND ADOPTED in regular session of the City Commission ofthe City of Winter Springs, Florida, this 12th day of February 2007. ~~ F. BUSH, Ma~r A LORENZO-LUACES, City Clerk City of Winter Springs Resolution No. 2007-08 Page 2 of 2