HomeMy WebLinkAbout2006 07 24 Regular 302 Resolution 2006-36 Hayes Road
COMMISSION AGENDA
Consent
ITEM 302
Informational
Public Hearing
Regular X
July 24. 2006
Meeting
r
/ Dept.
REQUEST:
The City Attorney's Office requests the City Commission consider and approve Resolution
2006-36 determining the necessity and public purpose for the Hayes Road intersection improvement
project and determining the necessity and public purpose for acquiring, by eminent domain, fee
simple ownership of designated parcels of real property in Winter Springs, Florida. Further this
Resolution authorizes the City Attorney's Office to initiate eminent domain proceedings to acquire
designated parcels, and providing for an immediate effective date.
PURPOSE:
The purpose of this Resolution is to acquire real property necessary to construct a right turn
lane at the intersection of State Road 434 and Hayes Road for east bound traffic.
APPLICABLE LAW AND PUBLIC POLICY:
1. Section 166.401, 166.411 and 337.27, Florida Statutes.
2. Chapters 73 and 74, Florida Statutes.
CONSIDERATIONS:
1. The City Commission previously directed the City Attorney and City Staffto commence the
process of acquiring the Hayes Road right turn lane.
2. Subsequent to the City Commissions directive, the City Attorney and City Staffhave worked
with the City's engineering consultant to engineer the Hayes Road right turn lane.
Page 1 of 2
3. Engineering for the Hayes Road Right turn lane has been completed.
4. To date, the City has not been able to acquire the property necessary for the Hayes Road
right turn lane through a voluntary sale and purchase contract.
5. The City Attorney's Office is ready to commence the acquisition of the Hayes Road right
turn lane through the eminent domain procedures set forth under Florida Law.
STAFF RECOMMENDATION:
The City Manager and City Attorney recommend approval of Resolution 2006-36.
ATTACHMENT:
Resolution 2006-36 with Exhibit "A."
COMMISSION ACTION:
The City Commission previously directed the City Attorney and City Staff to commence the
process of acquiring the Hayes Road right turn lane.
Page 2 of 2
RESOLUTION NO. 2006-36
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, FLORIDA, DETERMINING THE NECESSITY AND PUBLIC
PURPOSE FOR THE HAYES ROAD INTERSECTION IMPROVEMENT
PROJECT, DETERMINING THE NECESSITY AND PUBLIC PURPOSE
FOR ACQUIRING BY EMINENT DOMAIN FEE SIMPLE OWNERSHIP OF
DESIGNATED PARCELS OF REAL PROPERTY IN WINTER SPRINGS,
FLORIDA, AND AUTHORIZING ATTORNEYS TO INITIATE EMINENT
DOMAIN PROCEEDINGS TO ACQUIRE DESIGNATED PARCELS, AND
PROVIDING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Florida Constitution permits the acquisition of private property for a public
purpose upon payment of full compensation; and
WHEREAS, the City of Winter Springs, Florida ("City") has the right and power of eminent
domain to acquire property for purposes of streets, lanes, alleys, and ways, and for existing,
proposed, or anticipated transportation facilities, pursuant to section 166.401, 166.411, and 337.27,
Florida Statutes;
WHEREAS, the City seeks to acquire property for a right turn lane, intersection
improvements, and transportation-related purposes. The project is generally referred to as "Hayes
Road Intersection Improvement Project"; and
WHEREAS, the City has considered availability of alternatives, costs, environmental
factors, long-range planning, safety, and other factors, and seeks to acquire fee simple interests in
the parcels of the following property located in Winter Springs, Seminole County, Florida and more
fully identified and described as:
Parcell:
[Legal description and sketch of description attached hereto as Composite
Exhibit A]
WHEREAS, the City has surveyed and located the line or area of construction of the
proposed project and proposed construction plans have been prepared showing the plans for the
property sought to be acquired and the boundaries of the project and the parcel(s) to be acquired.
The proposed construction plans (PEC Project No. WS-013, 100% submittal 11/15/05) are
incorporated by reference as if fully set forth herein; and
WHEREAS, acquisition of the property referenced herein is necessary to complete the
project and is for a public purpose; and
WHEREAS, the City Commission of the City of Winter Springs finds that this Resolution
City of Winter Springs
Resolution 2006-36
Page 10f3
is in the best interests ofthe 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, FLORIDA:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
fully incorporated by this reference.
Section 2. Declaration of Necessity and Public Purpose. The City Commission hereby
declares the Hayes Road Intersection Improvement Project is necessary and for a valid public
purpose, and the property identified above is necessary to accomplish the project. The acquisition
of the property and property rights described herein is necessary to the extent of the estate or interest
as set forth above for the performance of the duties of the City and for the construction,
reconstruction and maintenance of the transportation facilities described in the construction plans.
Section 3. Authorization to Initiate Action. The City is hereby authorized to acquire
the properties and property rights described herein by gift, purchase, or condemnation/eminent
domain. The City and its employees, managers, staff, attorneys, and other agents of the City are
hereby authorized to do all acts and things required of them by this Resolution, or desirable or
consistent with the requirements of the Resolution, for the full, punctual, and complete performance
of all the terms contained herein and authorized by law, and each employee, manager, staff member,
attorney, and agent of the City is hereby authorized and directed to execute and deliver any and all
papers and instruments, and to be and cause to be done any and all acts and things necessary or
proper for carrying out the transactions contemplated hereunder.
Section 4. Authorization for Attorneys. In addition to the authorization provided in
Section 3, the City Commission also hereby specifically authorizes its attorneys to initiate and pursue
to final judgment eminent domain proceedings to acquire title to the property described herein, and
to take any other necessary and lawful action including, but not limited to retaining and consulting
experts, to initiate eminent domain proceedings, and any other actions associated with or arising out
of such eminent domain or related proceedings. The attorneys are further authorized to accomplish
the acquisition of said property by settlement and compromise if same can be effected in accordance
with the terms, conditions, and limitations established from time to time by the City Commission.
Section 5. Severability and Invalid Provisions. 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 6. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby
repealed to the extent of the conflict.
City of Winter Springs
Resolution 2006-36
Page 2 of 3
Section 7. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs.
DONE AND ADOPTED at a regular meeting this _ 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
City of Winter Springs
Resolution 2006-36
Page 3 of3
DESCRIPTION
, EXHIBIT
I r.C~~~~1f
,
Description :
A portion of Section .34, Townshif) 20 SOlJt", Range 30 EClst, Seminole County, Florida,
being l'I'Iore particularly described as follows :
Commence at the intersection of the South right-of-way line of state Road No. '4-J4 os
shewn on the rlorido Department of Trartsportotion right-of-way map, Section No.
77580-2510 one! the West right-at-way line of Hayes Road as described In Officiol
Records Book J707, Pages 80B through 812, PUblic: Records of Seminole County, rlorido:
thence S 07"54'50" E along said West right-or-....ay line a diatanee of 12.52 feet to t"e
Point of BeginnIng; thence continue S 01'54'.50" E glon9 said West right-or-way line 0
distance of .32.23 feet; thene. S BO"1 B'20~ W 0 distance of 2.0 l' feet; thence N 07'54'50"
W olong a line that is 2.01 feet West of end parallel with said We;t right-or-way line a
distance of 6.00 feet; thence N 62"17'59. W a di3iance of 32.'4-4 feet; thence S 65'30'40"
W along 0 line thot is 11.00 feet South of end porollel with said South fight-ai-way line
o distance of 132.88 feet.; thence S 78'11'29" W 0 dictanc. of 41.00 feet; thence N
24'29'20" W a distance of 2.00 feet to 0 point on said South right-aI-way; thence N
65"30'4d' E along said South right-or-way line a distance of 193.25 feet: thence S
6,'12'05" E Q distance of 14.97. felt! ta the Point of Beginning.
Containing 2499 square feet more or less.
SURVEYORS NOTES
1 S.ali"9' '~o"n hI""" al' baa.d on t~. .outh right of wo'l in. of .Iat. road 434 belllSl N 65'30"0" E (CNIltUl1\cd),
2. I n~rcOy certify I~ot 11\' -Ska\ch of D9.Clriptlc>rl Of tile CIllo". dnerllled p",pcl'\y.;' trYe and oornol to tho 1I.."t 01 "'y knowl'clQ'
end b~i.1 os r..~.ntly draw... 1I,"lel my dlr.c\I"... .and \ho\ It m...t, th. r.linimw" hGhnlGol Stclncl<:>'clo for L<>nd S........,.i"g
CH, 61Cn-~ requlrcmanls.
DESCRIPTION
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RESOLUTION NO. 2006-36
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, FLORIDA, DETERMINING THE NECESSITY AND PUBLIC
PURPOSE FOR THE HAYES ROAD INTERSECTION IMPROVEMENT
PROJECT, DETERMINING THE NECESSITY AND PUBLIC PURPOSE
FOR ACQUIRING BY EMINENT DOMAIN FEE SIMPLE OWNERSHIP OF
DESIGNATED PARCELS OF REAL PROPERTY IN WINTER SPRINGS,
FLORIDA, AND AUTHORIZING ATTORNEYS TO INITIATE EMINENT
DOMAIN PROCEEDINGS TO ACQUIRE DESIGNATED PARCELS, AND
PROVIDING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Florida Constitution permits the acquisition of private property for a public
purpose upon payment of full compensation; and
WHEREAS, the City of Winter Springs, Florida ("City") has the right and power of eminent
domain to acquire property for purposes of streets, lanes, alleys, and ways, and for existing,
proposed, or anticipated transportation facilities, pursuant to section 166.401, 166.411, and 337.27,
Florida Statutes;
WHEREAS, the City seeks to acquire property for a right turn lane, intersection
improvements, and transportation-related purposes. The project is generally referred to as "Hayes
Road Intersection Improvement Project"; and
WHEREAS, the City has considered availability of alternatives, costs, environmental
factors, long-range planning, safety, and other factors, and seeks to acquire fee simple interests in
the parcels of the following property located in Winter Springs, Seminole County, Florida and more
fully identified and described as:
Parcell :
[Legal description and sketch of description attached hereto as Composite
Exhibit A]
WHEREAS, the City has surveyed and located the line or area of construction of the
proposed project and proposed construction plans have been prepared showing the plans for the
property sought to be acquired and the boundaries of the project and the parcel(s) to be acquired.
The proposed construction plans (PEC Project No. WS-013, 100% submittal 11/15/05) are
incorporated by reference as if fully set forth herein; and
WHEREAS, acquisition of the property referenced herein is necessary to complete the
project and is for a public purpose; and
WHEREAS, the City Commission of the City of Winter Springs finds that this Resolution
City of Winter Springs
Resolution 2006-36
Page 1 of3
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, FLORIDA:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
fully incorporated by this reference.
Section 2. Declaration ofN ecessity and Public Purpose. The City Commission hereby
declares the Hayes Road Intersection Improvement Project is necessary and for a valid public
purpose, and the property identified above is necessary to accomplish the project. The acquisition
of the property and property rights described herein is necessary to the extent of the estate or interest
as set forth above for the performance of the duties of the City and for the construction,
reconstruction and maintenance of the transportation facilities described in the construction plans.
Section 3. Authorization to Initiate Action. The City is hereby authorized to acquire
the properties and property rights described herein by gift, purchase, or condemnation/eminent
domain. The City and its employees, managers, staff, attorneys, and other agents of the City are
hereby authorized to do all acts and things required of them by this Resolution, or desirable or
consistent with the requirements ofthe Resolution, for the full, punctual, and complete performance
of all the terms contained herein and authorized by law, and each employee, manager, staff member,
attorney, and agent of the City is hereby authorized and directed to execute and deliver any and all
papers and instruments, and to be and cause to be done any and all acts and things necessary or
proper for carrying out the transactions contemplated hereunder.
Section 4. Authorization for Attorneys. In addition to the authorization provided in
Section 3, the City Commission also hereby specifically authorizes its attorneys to initiate and pursue
to final judgment eminent domain proceedings to acquire title to the property described herein, and
to take any other necessary and lawful action including, but not limited to retaining and consulting
experts, to initiate eminent domain proceedings, and any other actions associated with or arising out
of such eminent domain or related proceedings. The attorneys are further authorized to accomplish
the acquisition of said property by settlement and compromise if same can be effected in accordance
with the terms, conditions, and limitations established from time to time by the City Commission.
Section 5. Severability and Invalid Provisions. 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 6. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby
repealed to the extent of the conflict.
City of Winter Springs
Resolution 2006-36
Page 2 of3
Section 7. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs.
DONE AND ADOPTED at a regular meeting this 24th day of Jlily~2006.
.u
~/! ~
F. Bush, Maygr
Approve as to legal form and sufficiency for
the . 0 Winter Springs only:
Anthony A. Garganese, City Attorney
City of Winter Springs
Resolution 2006-36
Page 3 of3
DESCRIPTION
"^ EXHIBIT
.; LvMPOSL~
I \.\ A II
Description :
A portion of Section J4, Township 20 SOI;th, Ronge .30 East. Seminole County, Florida.
being more particularly described os follows :
Commence at the intersection of the South right-of-way line of Stale Rood No. 434 OS
shown on the rlorido Department of Transportation right-oF-way map. Section No.
77580-2610 on q the West right-af-woy line of Hayes Rood as described in Officiol
Records Book J707. Pages SOB Ihrou9h 812. PUblic Records of SRminole County. F'lorido;
thence S Or.54'50" E along said West right-ol-way line c distance of 12.52 feet to the
Point of Beginning: lhence continue S 07'54'50" E olong said West right-af-way line: 0
distonce of 32.2.3 feet; thence S Bo-18'20" W a distance of 2.01' feet; thence N 07'54'50"
W along c line that IS 2.01 feet W~st of end porelle! with said Weil right-of-wey line 0
distance of 6.00 feel; thence N 62"17'59" W 0 distance of .32.44 feet; th=nce S 65030'40"
W o/ong a line that is 11.00 feet South of and parallel with $aid South fight-of-way line
c distance of 132.88 feet.; thence S 7S.11'29" W a distance of 41.00 feet: thence N
24029'20" W 0 distance of 2.00 feet to 0 point on said South right-of-way: thence N
55'.30'40" E along said South right-or-way line 0 distance of 193.25 feet: thence S
61'12'05" E 0 distance of 14.97 feel to the Point of Beginning.
Containing 2409 square feet more or less.
SURVt:YORS NOTES
, 8.ari"9' sha.." n.'.'''' art baaod 0" tl,. .auth right of way Un. of elate road 434 being N 6~'30'40. E (a:i3umcd).
Z. I ""rcby cortify lhal lh. "Skelch of OC$eripli~"- Of th. abo.... dooerlllcd properly ;s !rue and corroet to I"" bMt or ....y ~"owIOd9'
end bali., as r.c;cnUy draw" under my direction .ond tnat It meoel~ U1e Mi"imum Technical Stondord~ lor Land SUl"'Ioyinq
CH. 61C17-11 roQuircmmnLs.
DESCRIPTION
FOR
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12/06/04
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CH, e1G17-Il, Florida ~m;nlstrotlv"
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drawlna bear th. halation tnat
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SHEET 1 OF 2
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SKETCH OF DESCRIPTION
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PeR 11'.0.0. T. RIGHT
or WAY loW' SECTION
InS!!o"'2610 RICHT
AND THE WEST RIGHT
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W.V[S ROAD PER
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.mail: infoQ!.ou~h\l.uhrnl:Urvlyinl.com
Date: July 24, 2006
The attached documents were distributed during
Regular Agenda Item "303" by Staff at the July
24, 2006 City Commission Regular Meeting.
2007 Tentative Millage Comparison (',MX(tnk-'
\, ~ Voted debt estimated 1tdl\ 'J-t)()(p
Millage Rate service mstu I\M 1\0 V
Lake Mary -3.9998 ? ,t1t1~ ~
Winter Springs L\ nc;oo
Longwood 4.9900 4.9900 '1 .CloIOO
Casselberry 5.0000 5.0000 S .0000
Altamonte 2.6500 2.6334 5.5334 17, ~~3~
Oviedo 5.3350 , 0.2543 5.5893 c;,I,SU'
Sanford & l'j'lS'O
PRELIMINARY MILLAGE as of 7/07/06
NOTE: Winter Springs will be provided end of the month
.
'i
t
7/24/2006
/
.
.\
"
The following chart compares a range of potential millage choices for DR-420:
Commission Planning List -Fiscal Year 2007
Departmental Request - Fiscal Year 2007 (not manager Recommended)
RESOLUTION NO. 2006-37
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, ESTABLISHING THE ROLLED-BACK
RATE; COMPUTING A PROPOSED MILLAGE RATE (CAP); AND
SETTING THE DATE, TIME AND PLACE OF A PUBLIC HEARING TO
CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE
BUDGET FOR FISCAL YEAR 2006-2007; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, Florida Statute 200.065 (2) (a) 1. expressly provides that municipalities
shall compute a proposed millage rate; and
WHEREAS, Florida Statute 200.065 (4) (b) requires that within 35 days of certification
of value, each taxing authority shall advise the property appraiser of its proposed millage rate, of
its rolled-back rate, and of the date, time, and place at which a public hearing will be held to
consider the proposed millage rate and the tentative budget; and
WHEREAS, Florida Statute 200.065 (4) (c) further requires that within 80 days of
certification of value, but not earlier than 65 days after certification, the governing body of each
taxing authority shall hold a public hearing on the tentative budget and proposed millage rate.
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 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:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct
and are hereby fully incorporated by this reference.
Section 2. Proposed MiIIal!e Rate. The proposed operating millage rate for the City of
Winter Springs, Florida for the Fiscal Year 2006-2007 is set at 4.2919 mills and the computed
aggregate rolled-back rate is 3.9195 mills.
In addition, the proposed millage rate for the City of Winter Springs for voted debt service is
0.1100 mills.
Section 3. Public Hearinl!. A public hearing shall be held in the City Commission
Chambers located at City Hall, 1126 East State Road 434, Winter Springs, Florida, on September
11, 2006 at 6:30 P.M. to consider the adoption of the proposed millage rate and the tentative
budget for Fiscal Year 2006-2007.
City of Winter Springs, Florida
Resolution 2006-37
Page I of2
Section S. Reveal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 6. 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 7. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
RESOL VED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 24th day of July, 2006.
. (-, ~ 1-'1
~/1.-/ /(J/~
F. Bush, M?iyor
ATTEST:
Approved as al form and sufficiency for
the City Winte Springs only:
~
Anthony A. Garganese, City Attorney
City of Winter Springs, Florida
Resolution 2006-37
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