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Home My WebLink About2006 04 24 Public Hearing Item 205 Ordinance 2006-02 COMMISSION AGENDA ITEM 205 Consent Informational Public Hearing X Regular April 24. 2006 Meeting 6/19/06 Mgr./Att. / Dept. REQUEST: The City Attorney requests that the City Commission approve on First Reading Ordinance 2006- 02 which shall prohibit the annexation, either voluntarily or involuntarily, of any real property that is located east of an imaginary straight line which commences on the southern boundary of the shores of Lake Jessup and runs southward along the eastern most boundary of the Deleon Street right-of- way and which terminates on the northern most boundary of the city of Oviedo. PURPOSE: The purpose of this ordinance is to establish, and codify as law, a formal annexation policy of the City that prohibits the annexation of real property generally lying east of Deleon Street APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Powers Act. 2. Chapter 171, Florida Statutes. 3. Chapter 2, Article V, Annexations and Rezonings. CONSIDERATIONS: 1. The annexation ofreal property into the City's boundaries is a legislative decision which is reserved to the discretion of the City Commission pursuant to chapter 171, Florida Statutes. 2. In accordance with this legislative authority, the City Commission has the right to determine Page 1 of 2 that certain annexations are not in the best interests of the City. 3. The City Commission recognizes that the area commonly known as the "Black Hammock", lying generally east of DeLeon Street, has been the source of conflict and disagreement between the City of Winter Springs and Seminole County and the City of Oviedo. 4. The City Commission recognizes that Seminole County has stated its development plan for the area generally east of DeLeon Street and that Seminole County desires to retain planning jurisdiction over that area for the foreseeable future. 5. Several meetings ago, the City Commission, in the spirit of mutual cooperation with Seminole County and the city of Oviedo, directed that an ordinance be prepared that would prohibit future annexations, either voluntarily or involuntarily, of any real property east of Deleon Street. 6. To accomplish the Commission's directive, this ordinance will create a new code section 2- lI8. 7. Since Deleon Street does not currently extend to the shores of Lake Jessup, the annexation boundary had to be extended a short distance to the shores of Lake Jessup in order to complete a line along the entire eastern boundary of the City. As such, the ordinance creates an imaginary straight line which commences on the southern boundary of the shores of Lake Jessup and runs southward along the eastern most boundary of the Deleon Street right-of-way and which terminates on the northern most boundary of the city of Oviedo. 8. Annexations to the east of this imaginary straight line shall be prohibited. STAFF RECOMMENDATION: This is a policy decision for the City Commission to make as the City's legislative body. The City Attorney recommends approval of Ordinance No 2006-02 on First Reading and that Ordinance No. 2006- 02 be publicly advertised for Second and Pinal Reading and Adoption. ATTACHMENT: Ordinance No. 2006-02. COMMISSION ACTION: The City Commission has previously directed that the City Attorney prepare an ordinance establishing the aforementioned annexation policy as law. Page 2 of 2 ORDINANCE NO. 2006-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING SECTION 2-118 OF THE CITY CODE WHICH SHALL PROVIDE THAT IT IS THE FORMAL POLICY OF THE CITY OF WINTER SPRINGS NOT TO ANNEX INTO THE CITY BOUNDARIES ANY REAL PROPERTY THAT IS LOCATED EAST OF AN IMAGINARY STRAIGHT LINE WHICH COMMENCES ON THE SOUTHERN BOUNDARY OF THE SHORES OF LAKE JESSUP AND RUNS SOUTHWARD ALONG THE EASTERN MOST BOUNDARY OF THE DELEON STREET RIGHT-OF-WAY AND WHICH TERMINATES ON THE NORTHERN MOST BOUNDARY OF THE CITY OF OVIEDO; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE 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, the annexation of real property into the City's boundaries is a legislative decision which is reserved to the discretion of the City Commission pursuant to chapter 171, Florida Statutes; and WHEREAS, in accordance with this legislative authority, the City Commission has the right to determine that certain annexations are not in the best interests of the City; and WHEREAS, the City Commission recognizes that the area commonly known as the "Black Hammock", lying generally east of DeLeon Street, has been the source of conflict and disagreement between the City of Winter Springs and Seminole County and the City of Oviedo; and WHEREAS, the City Commission recognizes that Seminole County has stated its development plan for the area generally east of Deleon Street and that Seminole County desires to retain planning jurisdiction over that area for the foreseeable future; and WHEREAS, given the aforementioned circumstances and in the spirit of mutual cooperation with Seminole County and the city of Oviedo, the City Commission hereby finds that it is not in the City's best interests to annex, either voluntarily or involuntarily, any real property that is located east of an imaginary straight line which commences on the southern boundary of the shores of Lake Jessup and runs southward along the eastern most boundary of the Deleon Street right-of-way and which terminates on the northern most boundary of the city of Oviedo; and Page 1 of 3 WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Code Amendment. The City of Winter Springs Code, is hereby amended to create a new section 2-118, as follows: (underlined type indicates additions and ~tJ:ik'otrt type indicates deletions while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 2, Article V Annexations and Rezonings. It is intended that the text in Chapter 2, Article V denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER2 ADMINISTRATION. * * * ARTICLE V. ANNEXATIONS AND REZONINGS * * * 2-118. Annexations East of DeLeon Street Prohibited. It is hereby declared that it is the formal policy of the City of Winter Sorings that the City shall not process any voluntaIy annexation petitions received by oropertv owners. nor shall the City initiate any involuntary annexation procedure. involving any real prooerty that is located east of an imaginary straight line which commences on the southern boundary of the shores of Lake Jessup and runs southward along the eastern most boundary of the Deleon Street right-of-wav and which terminates on the northern most boundary of the city of Oviedo. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like City of Winter Springs Ordinance No. 2006-02 Page 2 of 3 errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2006. 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 First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2006-02 Page 3 of 3