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HomeMy WebLinkAbout2003 07 28 Public Hearings A Second Reading - Ordinance 2003-02 Dissolves the Tuscawilla Country Club Village Streetlight Maintenance District 072803 Commission Meeting Public Hearing A Ordinance 2003-02 CCV Page I of2 COMMISSION AGENDA ITEM A Consent Informational Public Hearing X Regular July 28,2003 Meeting Mgrk Dept~ Authorization REQUEST: City Manager requesting the City Commission to approve the Second Reading of Ordinance No. 2003-02, which repeals Ordinance No. 545 and dissolves the Tuscawilla Country Club Village Streetlight Maintenance District ("District") pursuant to Section 189.4042, Florida Statutes. The proposed ordinance also dissolves Resolution No. 720, and discontinues the levy, collection and enforcement of non-ad valorem assessments by the District as provided under Section 197.3632, Florida Statutes. PURPOSE: On May 24, 1993, the City Commission adopted Ordinance No. 545 creating a municipal services assessment and benefit district known as the Tuscawilla County Club Village Streetlight Maintenance District ("District") for the improvement, operation, maintenance and repair of the street lighting within the Tuscawilla Country Club subdivision. Resolution No. 720 was concurrently adopted and empowered the District to levy, collect and enforce non-ad valorem assessments within its service area pursuant to Section 197.3632, Florida Statutes, for such purposes. The City now seeks the dissolution of the District pursuant to Section 189.4042, Florida Statutes, in order to allow the Country Club Village of Tuscawilla Homeowners Association, Inc. to assume such responsibilities. 072803 Commission Meeting Public Hearing A Ordinance 2003-02 CCV Page 2 of2 CONSIDERATIONS: The Commission approved the First Reading of Ordinance 2003-02 on April 28, 2003 and authorized a Second Reading at a future date. As directed, Section 8 of the Ordinance was modified to include the effective date of "December 31, 2004 and pursuant to City Charter". The hand off would occur as follows: . The City would bill the residents for the last time via the tax bill November 2003 and make corresponding streetlighting payments in calendar year 2004 (November 2004 bill paid in December 2004 by City). . The HOA would arrange to bill their residents and begin paying the streetlighting bills in January 2005 - they would begin by paying the December 2004 bill in January 2005. . Leftover monies in the CCV Streetlighting fund after payment of the November 2004 bill in December 2004 will be remitted to the HOA by December 31,2004. RECOMMENDATIONS: It is recommended that the Commission consider approval of Second Reading of Ordinance Number 2003-02. ATTACHMENTS: Ordinance Number 2003-02 as amended. COMMISSION ACTION: ORDINANCE NO. 2003-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING ORDINANCE NO. 545 AND RESOLUTION NO. 720; PROVIDING FOR THE DISSOLUTION OF THE COUNTRY CLUB VILLAGE STREETLIGHT MAINTENANCE DISTRICT; PROVIDING FOR THE DISCONTINUATION OF THE LEVY COLLECTION AND ENFORCEMENT OF NON- AD VALOREM ASSESSMENTS BY THE COUNTRY CLUB VILLAGE STREETLIGHT MAINTENANCE DISTRICT; PROVIDING FOR NOTIFICATION TO CERTAIN LOCAL AND STATE GOVERNMENTAL ENTITIES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under 9 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, on May 24, 1993, the City Commission adopted Ordinance No. 545 creating a municipal services assessment and benefit district known as the Tuscawilla County Club Village Streetlight Maintenance District ("District") for the improvement, operation, maintenance and repair of the street lighting within the Tuscawilla Country Club subdivision; and WHEREAS, the City Commission adopted Resolution No. 720, which empowered the District to un"iformly levy, collect and enforce non-ad valorem assessments within its service area pursuant to Section 197.3632, Florida Statutes; and WHEREAS, the City is authorized to cause the dissolution of the District pursuant to Section 189.4042, Florida Statutes, and terminate the levy, collection and enforcement of non-ad valorem assessments assessed by the District within its service area; and City of Winter Springs Ordinance No. 2003-02 Page 1 of3 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. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Repeal of Ordinance No. 545. The City of Winter Springs Ordinance No. 545 is hereby repealed and the Country Club Village Streetlight Maintenance District dissolved pursuant to Section 189.4042, Florida Statutes. A copy of Ordinance No. 545 is attached hereto for reference purposes only. Section 3. Repeal of Resolution No. 720. The City of Winter Springs Resolution No. 720 is hereby repealed and the levy, collection and enforcement of non- ad valorem assessments by the Country Club Village Streetlight Maintenance District shall be discontinued commencing in the year 2005. A copy of Resolution No. 720 is attached hereto for reference purposes only. Section 4. Department of Community Affairs Notification. In furtherance of Section 189.4035, Florida Statutes, the City Clerk shall file a certified copy of this Ordinance with the Florida Department of Community Affairs within thirty (30) days of becoming effective and shall make a copy available for public inspection immediately upon adoption. Section 5. Seminole County Tax Collector and Property Appraiser Notification. In furtherance of Section197.3632, Florida Statutes, the City Clerk shall file a certified copy of this Ordinance with the Seminole County Tax Collector's Office within thirty (30) days of becoming effective and shall make a copy available for public inspection immediately upon adoption. Section 6. 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. City of Winter Springs Ordinance No. 2003-02 Page 2 of3 Section 7. 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 8. Effective Date. This Ordinance shall become effective December 31,2004 and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 28th day of July , 2003. Anthony A. Garganese, City Attorney First Reading: 4/28/2003 Second Reading: July 28, 2003 Effective Date: See Section 8. F:\Docs\City of Winter Springs\Ordinances\CountryClubVillageDistrictRepeal.wpd City of Winter Springs Ordinance No. 2003-02 Page 3 of3 3 . . :-.. . 'I , ORDINANCE NO. 141 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE MAINTENANCE OF CERTAIN LOCAL IMPROVEMENTS IN THE CITY; CREATING A MUNICIPAL SERVICES ASSESSMENT AND BENEFIT DISTRICT TO BE KNOWN AS THE CITY OF WINTER SPRINGS/COUNTRY CLUB VILLAGE STREETLIGHT MAINTENANCE DISTRICT; DEFINING THE TERRITORY INCLUDED WITHIN THE DISTRICT; DEFINING PURPOSE AND POWERS OF THE DISTRICT; PROVIDING FOR A GOVERNING BODY; PROVIDING FOR THE MANAGEMENT OF THE DISTRICT; PROVIDING THE LEVYING AND COLLECTION OF SPECIAL ASSESSMENTS; PROVIDING SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAs, pursuant to Article VIII, Section 2, Florida Constitution (1968), apd Chapter 166, Florida Statutes (1991), as amended, the City of Winter Springs, Florida (the "City"), has all powers of local self-government to perform municipal functions and to render municipal services in a manner not inconsistent with general or special law, and such power may be exercised by the enactment of City ordinances; and WHEREAS, it is necessary for the public health, safety and general welfare of the City and its citizens that provision be made for the improvement, operation, maintenance and repair of the street lighting with the Tuseaw~Lla Country Club Village subd-iv-ision.;. and WHEREAS, the improvements described above would constitute a special benefit to the property subject to the special assessment as outlined in this ordinance; and WHEREAS, the benefits to the subject property would exceed the amount of the assessment; and WHEREAS, the benefits to the subject property would be in proportion to.the assessments; and WHEREAS, the members of the Country Club Village o~ Tuscawilla Homeowners Association, Inc., have requested that the City establish this municipal services assessment and benefit district; and WHEREAS, Section 197.3632, Florida Statutes, provides a uniform method for the levy, collection and enforcement of non-ad valorem assessments; and WHEREAS, the City intends to use the uniform method provided for in Section 197.3632, Florida Statutes for the levy, collection and enforcement of the assessments authorized hereby; :: "-. j J , ,'C_"" I .j NOW, THEREFORE, be it ordered by the City commission of the City of Winter Springs, Florida: Section 1. District Created. There is hereby created, pursuant to the City's home rule powers, a municipal service assessment and benefit district within portions of the incorporated area of the City, as hereinafter defined, for the purpose of providing for the improvement, operation, maintenance and repair of the street lighting facilities in the areas defined herein, using revenues collected by special assessments within such district only. The special assessments within the district shall be apart from and in addition to any other municipal and county assessments and taxes. Nothing contained in this ordinance shall preclude property owners subject to the special assessment and benefit district herein created from obtaining the full range of the general services and benefits provided routinely by the City to all other property owners within the incorporated areas of the City. Section 2. Name. The name of the district to serve and especially benefit the area hereinafter described shall be TUSCAWILLA COUNTRY CLUB VILLAGE STREETLIGHT MAINTENANCE DISTRICT (the "District"). section 3. Boundaries. The District shall initially include those lands within the incorporated area of the City of Winter Springs, Florida, described as Country Club Village at . Tuscawilla SUbdivision, as more particularly described on the map attached hereto as Exhibit "A," and may be expanded to include , other lands and territory in the City of Winter Springs as hereinafter provided. Section 4. Governinq Board. The City Commission of the City of Winter Springs shall serve as the Governing Board of the District, and shall elect from its members a Chairman, a Vice- Chairman, a Secretary and such other officers as it deems appropriate. section 5. Purpose. The purpose of the District is to provide for the funds necessary to pay for the improvement, operation, maintenance and repair of the street lighting and related facilities in the District pursuant to a resolution approved by the Governing Board. The District will provide said services as determined by the Governing Board, subject to the availability of funds from special assessment collections. Section 6. authorized by law accomplishment of following: Powers. The District shall have all powers necessary, convenient or proper, to the its purpose, including but not limited to the -2- (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) / \ ~ ) , / o To levy, collect and enforce non-ad valorem assessments pursuant to section 197.3632, Florida Statutes, and Chapter 12D-18, F.A.C. To sue and be sued, implead and be impleaded, complain and defend in all courts in its own name. To make and execute contractual arrangements or other instruments necessary or convenient to the exercise of its power with any person, firm or corporation, for the improvement, maintenance and repair of the street lighting within the District, or for any other matter proper for the effectuation of the purposes of the District. To enter into interlocal agreements authorized by the provision of ~163.01, Fla. stat., for the purposes therein expressed. To adopt and use a seal and alter the same. To levy special assessments against the property within the District initially and thereafter annually as hereinafter provided. The special assessments shall be levied to provide revenues to cover administrative costs, maintenance, legal expenses, and capital expenditures necessary to the District. To enforce the collection of special assessments by foreclosure or other means authorized by law. To enter into contracts to provide for the billing and collection of assessments, the placing and recording of liens and the employment of attorneys to enforce collection of liens, and to provide such other legal or administrative services as the District may require. To contract or expand the boundaries of the territory to be maintained and to be affected by and subject to the special assessments. To merge with other districts. -3- /_........ , ) ( J (k) To adopt by-laws, rules and resolutions concerning the powers, duties and functions of officers of the District, the conduct of business of the District and the maintenance of District records. (1) To establish a budget initially and thereafter on a yearly basis, as hereinafter provided. (m) To provide for and establish an office for the maintenance of the District. Section 7. Expenditure of Funds. The expenditure of funds for the District shall be controlled by the Governing Board. The city Manager shall keep separate records of all expenses incurred on behalf of the District and shall ensure all such expenses are paid by the District. section 8. Special Benefit Assessments. Each lot, tract or parcel benefited by the maintenance provided by the District shall become subject to a special assessment or assessments proportionate to the benefits it receives, as determined by the Governing Board in its Assessment Regulation. Section 9. Procedure. The procedure for the levy, collection and enforcement of special assessments pursuant to this ordinance is, and shall be, consistent with the requirements of section 197.3632, Florida Statutes, and Chapter 120-18, F.A.C. (a) Method of Proration. Special assessments against property deemed to be benefited by the improvement, operation, maintenance and repair of the street lighting facilities in the District shall be assessed against the property specially benefited on a per unit or per facility basis, or per parcel basis as determined in an Assessment Resolution approved by the Governing Board. Each lot, tract, parcel, facility or unit within the District is deemed to be specially benefited by the maintenance to be provided by the District by virtue of the resulting improvements in safety, security, utility, insurability, desirability and value of said properties. No exemption from assessment shall be authorized, including but not limited to homesteads, schools or educational, benevolent, fraternal, scientific institutions, religious, non-profit or charitable organizations, except that all municipal facilities shall be specifically exempted from assessment. -4- (c) (d) (e) /"-, (b) ) Agreements with Property Appraiser and Tax Collection. The Governing Board shall enter agreements with the Property Appraiser and the Tax Collector to provide for the efficient levy, collection and enforcement of the District's non ad valorem assessments in accordance with the requirements of Rule 120-18.004, F.A.C. Said agreements shall provide that the Property Appraiser supply the Governing Board by June 1 of each year, with the property and property owner information necessary for the District to create its Assessment Roll. Assessment Resolution and Assessment Roll. Between June 1 and September 15 of each year, and pursuant to the requirements of section 197.3632, Florida Statutes and Chapter '120-18, F.A.C., the Governing Board shall adopt an Assessment Resolution and an Assessment Roll at a duly advertised public hearing to assess each property and facility within the District for its proportionate share of the District's expenses based on the benefits it receives. The Assessment Resolution shall state the nature and the amount of the expense, the location of the properties and facilities to be maintained, the manner in which such assessments shall be made, the land upon which the special assessment shall be levied, and the unit of measure and the amount of each assessment. certification of Assessment Roll. On or before September 15 of each year, the Chairman of the Governing Board shall certify the Assessment Roll to the Tax Collector on a compatible electronic medium tied to the property identification number. Alterations to the Assessment Roll may be made in accordance with the provisions of Rule 120-18.006, F.A.C. Special Assessments As Liens. Upon the failure of any property owner to pay his special assessments, or any part thereof, or any interest on a deferred payment, the City Commission shall cause to be brought the necessary legal proceedings to enforce payment thereof, together with all accrued interest and penalties, all other costs -5- . . .'. "-;---". :( ) j~). incurred, including a reasonable attorney's fee to be assessed as part of the costs. Special assessments shall remain liens, co- equal with the liens of all state, county, district and municipal taxes, superior in dignity to all other liens, tile and claims until paid, in addition to being personal obligations of the property owners. Section 12. Referendum Not Required. No referendum or election in the City shall be required for the exercise of any of the provisions of this Ordinance, unless such referendum or election is required by the Constitution of the State of Florida. Section 13. Severability. If any clause, section or provision of this Ordinance shall be declared by a Court of competent jurisdiction to be invalid, the same shall be eliminated form this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. Section 14. Effective Date. This Ordinance shall become effective upon its adoption by the city commission. First Reading: April 26, 1993 Second Reading: May 24, 1993 PASSED AND ADOPl'ED this :l.J4iday of 1N.y ,A.D., 1993. CITY S RINGS, FLORIDA By: Attest: ~/.~ City Clerk Approved as to form and legality: <<> City Attorney First Reading of Ordinance April 26, 1993 Posted April 28, 1993 Public Hearing and Second Reading May 24, 1993 -6- f ~' , t ..~ RESOLUTION NO. 720 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, PURSUANT TO SECTION 197.3632(3) (a) FLORIDA STATUTES STATING THE INTENT OF THE CITY OF WINTER SPRINGS, FLORIDA TO UTILIZE THE UNIFORM METHOD FOR THE LEVY, COLLECTION, AND ENFORCEMENT OF NON-AD VALOREM ASSESSMENTS LEVIED PURSUANT TO THE PROVISIONS OF ORDIN- ANCE 545 OF THE CITY OF WINTER SPRINGS, FLORIDA WHEREAS, the City Commission of the City of Winter Springs, Florida, as created by Ordinance 545 a subunit of the City of Winter Springs, Florida, for the levy, collection and enforcement of ad valorem assessments in certain geographical territories located within the boundaries of the City of Winter Springs, Florida, for the purpose of providing for the funds necessary to pay for the improvement, operation, maintenance and repair of the street lighting within the geographical areas within the City of Winter Springs, Florida subject to the provisions of Ordinance 545; and WHEREAS, the City Commission of the City of Winter Springs, Florida is the governing board of said district; NOW, THEREFORE, the City Commission of the City of Winter Springs, Florida hereby expresses its intent to use the uniform method for the levy collection and enforcement of non-ad valorem assessments as provided by Section 197.3632 Florida Statutes for the levy, collection and enforcement of the said non-ad valorem assessments called for by Ordinance 545; and WHEREAS, the City Commission has entered into an agreement with H. W. "Bill" Suber, as the Seminole County Property Appraiser as required by Section 197.3632(2) of Florida Statutes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION I - That it is the intent of the City Commission of the City of .Winter Springs, Florida as the local governing board pursuant to Ordinance 545 which states its intent to use the uniform method for the levy, collection, and enforcement of non-ad valorem assessments as provided for by Section 197.3632, Florida Statutes for the levy, collection and enforcement of non-ad valorem assessments levied pursuant to Ordinance 545 for 1994 and each year thereafter until discontinued. SECTION II - The legal description of the boundaries of the real property subject to the levy are properties in Country Club Village Unit One, as recorded in Plat Book 22, Pages 4, 5 and 6, Public Records of Seminole County, Florida; and Country Club Village Unit Two as recorded in Plat Book 23, Pages 78, 79 and 80, Public Records of Seminole County, Florida; and Country Club Village Unit Three as recorded in Plat Book 25, Pages 33, 34, 35, 36 and 37, Public Records of Seminole County, Florida. SECTION III - The City Commission of the City of Winter Springs, Florida as the governing body of the City of Winter Springs/Country Club Village Streetlight Maintenance District as established by Ordinance 545 of the City of Winter Springs, Florida hereby declares that the need for the levy is established by the provisions of Ordinance 545 of the City of Winter Springs, Florida, an ordinance establishing the City of Winter Springs/Country Club Village Street- -I , -'"" (. ). light Maintenance District for the purpose of raising revenue within certain territories located within the City of Winter Springs, Florida to pay for the cost of providing for the improvement, operation, maintenance and repair of the street lighting facilities in the areas defined herein. Passed and adopted this :J.o~ day of {} ~ ) CITY OF WINTER SPRINGS, FLORIDA , 1993. ATTEST: MAYOR .~~ 7lr1?;;;) CITY CL CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone: (407) 327-1800 Fax: (407) 327-4753 Websile: www.winlerspringsfl.org July 31,2003 Ms. Collen Castille, Secretary Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, F132399-2l00 Dear Ms. Castille, In accordance with Florida Statutes 197.3632, attached is a certified copy of the following Ordinance from the City of Winter Springs: . Ordinance Number 2003-02 This Ordinance was officially adopted on July 28, 2003. Please feel free to contact me if I can be of further assistance. o-Luaces, CMC Attachment CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone: (407) 327-1800 Fax: (407) 327-4753 Websile: www.winlerspringsfl.org July 31,2003 Mr. H.W. "Bill" Suber, CFA, ASA Property Appraiser County of Seminole 1101 East First Street Sanford, Florida 32771 Dear Mr. Suber, In accordance with Florida Statutes 197.3632, attached is a certified copy of the following Ordinance from the City of Winter Springs: . Ordinance Number 2003-02 This Ordinance was officially adopted on July 28,2003. Please feel free to contact me if I can be of further assistance. Sincerely, CITY OF WINTER SPRINGS cL Andrea City Clerk Attachment CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone: (407) 327-1800 Fax: (407) 327-4753 Websile: www.winterspringsfl.org July 31,2003 Mr. Ray Valdes Tax Collector County of Seminole 1101 East First Street Sanford, Florida 32771 Dear Mr. Valdes, In accordance with Florida Statutes 197.3632, attached is a certified copy of the following Ordinance from the City of Winter Springs: . Ordinance Number 2003-02 This Ordinance was officially adopted on July 28, 200~. Please feel free to contact me if I can be of further assistance. Sincerely, C TY OF WINTER SPRINGS Attachment