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Home My WebLink AboutOrdinance 2021-01 Creating New Article V, Division 1 of Chapter 18, Taxation (Lake Howell MSBU) ORDINANCE NO. 2021-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,FLORIDA; CREATING A NEW ARTICLE V, DIVISION 1 OF CHAPTER 18, TAXATION, OF THE CITY CODE; AUTHORIZING THE INCLUSION OF CERTAIN PROPERTY LOCATED WITHIN THE CITY IN THE LITTLE LAKE HOWELL/TUSKAWILLA LAKE MANAGEMENT MUNICIPAL SERVICE BENEFIT UNIT CREATED AND ESTABLISHED BY SEMINOLE COUNTY, FLORIDA, FOR THE PURPOSE OF PROVIDING LAKE MANAGEMENT SERVICES TO THE LAKE WITHIN THE UNIT; PROVIDING IDENTIFICATION OF PROPERTY WITHIN THE CITY OF WINTER SPRINGS AUTHORIZED FOR INCLUSION IN SAID UNIT; 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 City Commission of the City of Winter Springs, Florida, has entered into the Little Lake Howell/Tuskawilla Lake Interlocal Agreement with Seminole County, Florida, whereby the City has agreed to authorize inclusion of certain lands lying in the City of Winter Springs in a Municipal Service Benefit Unit ("MSBU") to be created and established by Seminole County to provide for the control of aquatic vegetation in Little Lake Howell; and WHEREAS, the Board of County Commissioners of Seminole County, Florida, has the authority to establish a Municipal Service Benefit Unit ("MSBU") pursuant to Section 125.01(1)(q),Florida Statutes, and other controlling law; and WHEREAS, pursuant to Section 125.01(1)(q), Florida Statutes, the County is required to obtain the City Commission's consent, by Ordinance, to operate a County MSBU within the incorporated area of a municipality, and this Ordinance, and the above-referenced Interlocal Agreement, are in furtherance of satisfying this statutory requirement; and WHEREAS, there are Little Lake Howell waterfront properties located within the City of Winter Springs and unincorporated Seminole County that will benefit from lake management services and improvements to the lake; and WHEREAS, pursuant to Chapter 163, Florida Statutes, local governments are encouraged to cooperate on the basis of mutual advantage to provide services that will influence the needs of local communities; and WHEREAS, the City Commission of the City of Winter Springs enacts this Ordinance to City of Winter Springs Ordinance No.2021-01 Page 1 of 5 ensure that the high quality of life available to citizens of the City and the County is protected and maintained; and WHEREAS, the City Commission of the City of Winter Springs finds that it is appropriate and furthers the public good to provide authorization for Seminole County to assess and collect through a uniform method the lake management cost share allocation from Little Lake Howell waterfront parcels within the City limits; and 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; and NOW,THEREFORE,BE IT ORDAINED 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 as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment. Chapter 18 Taxation is hereby amended to add a new Article V, Division 1 as follows: (underlined type indicates additions to the City Code and seeet type indicates deletions,while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 18. It is intended that the text in Chapter 18 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 18—TAXATION * * * ARTICLE V. —MUNICIPAL SERVICE BENEFIT UNITS DIVISION 1.—LITTLE LAKE HOWELL MUNICIPAL SERVICE BENEFIT UNIT Sec. 18-220. — A proval of Inclusion of Certain Pro erties in Little Lake Howell MSBU. Pursuant to Ordinance No. 2021-01 "Ordinance" the City Commission of the Cis of Winter Sl)rm s, Florida, hereby_a roves and authorizes the inclusion of Little Lake Howell waterfront parcels within the City limits into Seminole Count °'s Little Lake Howell/Tuskawilla Lake Management Municipal Service BenefitUnit ('"Little Lake Howell MSBU") boundaries, said properties more fully described as set forth in Exhibit "A" of the Ordinance. 'Exhibit "A" not codified The City Commission further authorizes Seminole County to levy the Little Lake Howell MSBU non-ad valorem assessments as deemed gap throu �a the Little Lake Howell MSBU process, and to collect the non-ad valorem assessments according, to the uniform method beinnin�,with Tax Year 2021. Sec. 18-221. - Term. This Division shall remain in full effect until otherwise repealed b ordinance adopted by the City Commission. Notice of the pro used repeal of this Division shall be provided in writing to Seminole County in accordance with the 1,irovisions of the Interlocal City of Winter Springs Ordinance No.2021-01 Page 2 of 5 AgXeement for_Lake Manaement...of Little Lake Howell/Tuskawilla Lake, Any repeal of this Division shall not be effective until satisfaction or comMetion of the assessment commitment period associated with.financed expenses,,,and expenses incurred or under contract,�or to,,,the notice of the intent to terminate or„repeal this Division is delivered to Seminole County. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or 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 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 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 February, 2021. Chaes Lace .ayot ATTEST- q) , Christian Gowan City Clerk APPROVED AS TO LEGAL FORM v �� N'% AND SUFFICIENCY FOR THE CITY •'J`Z' OF WINTER SPRINGS ONLY: `•JFJIO�E 4d City of Winter Springs Ordinance No.2021-01 Page 3 of 5 y Anthony A. Garganese, City Attorney Legal Ad:" lanuan, 29 2021 First Reading: January 25,2021 Second Reading: February 8, 2021 City of Winter Springs Ordinance No.2021-01 Page 4 of 5 EXHIBIT A Property within the City of Winter Springs for Inclusion in the Little Lake Howell MSBU Tax Parcel ID _ Address Current Property Owner 12-21-30-5DV-0000-OOlA 901 Tuskawilla Trail VanArsdale ....._.. .. _ __l ................___....___..... _.�--- 12-21-30-5DV-0000-0010 911 Tuskawilla Trail Cam bell 12-21-30-5DV-0000-0020 921 Tuskawilla Trail Bear 12-21-30-5DV-0000-0030 931 Tuskawilla Trail Hoskins 12-21-30-5DV-000.. ... ...��.. 0-0040 941 Tuskawilla Trail Garcia 12-21-30-5DV-0000-0050 951 Tuskawilla Trail Sheehan �12-21-30-5DV-0000-0060 .... 96.1...Tuskawilla Trail ...Pigman ........................................................_............ ........... _..................�� 12-21-30-507-0000-0010 971 Tuskawilla Trail Bracco City of Winter Springs Ordinance No.2021-01 Page 5 of 5 OAando S 0-0 Published Daily ORANGE County,Florida Sold To: City Of Winter Springs-CU00116922 1126 E State Road 434 Winter Springs,FL 32708-2715 Bill To: City Of Winter Springs-CU00116922 1126 E State Road 434 Winter Springs,FL 32708-2715 State Of Illinois County Of Cook Before the undersigned authority personally appeared Jeremy Gates,who on oath says that he or she is an Advertising Representative of the ORLANDO SENTINEL,a DAILY newspaper published at the ORLANDO SENTINEL in ORANGE County,Florida; that the attached copy of advertisement, being a Legal Notice in the matter of 11150- Public Hearing Notice,Ordinance 2021-01 was published in said newspaper in the issues of Jan 29,2021. Affiant further says that the said ORLANDO SENTINEL is a newspaper Published in said ORANGE County,Florida,and that the said newspaper has heretofore been continuously published in said ORANGE County,Florida, each day and has been entered as periodicals matter at the post office in ORANGE County Jeremy at J y G es Signature of Affiant Name of Affiant Sworn to and subscribed before me on this 30 day of January, 2021, by above Affiant,who is personally known to me(X)or who has produced identification O. l Signature of Notary Public 1319ENDAN XOLASA OFFICIAL SEAL Notary Aublie,Slat 9 OF I IIi x165 MV Cornmits;or7 E-xo49® hIPvc- ee 2ZI.2024 Name of Notary,Typed,Printed,or Stamped 6871095 Odando S # nd CITY OF VANTER SMNGS NOTICE OF CITV COMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION PROPOSES TO CONSIDER: OR DI NAN C:E NO, 2021-01 AN ORDINANCE OF THE CITY COa'MAISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; CREATING A NEW ARTICLE V, DIVISION 1 OF CHAPTER 10,. TAXATION, OF THE CITY CODE; AUTHORIZING THE INCLUSION OF CERTAIN PROPERTY LOCATED WITHIN THE CITY IN THE LITTLE LAKE HOWELLrTUSKAWILLA LAKE e.ANAGEP,'.ENT MUNICIPAL SERVICE BENEFIT UNIT CREATED .AND ESTABLISHED BY SEMINOLE COUNTY, FLORIDA, FOR THE PURPOSE OF PROVIDING LAKE .% AANA,GE+`s'.ENT SERVICES TO THE LAKE 'v'dITHIN THE UNITr PROVIDING ll:ENTIFICATION OF PROPERTY k�.ITHIN THE CITY OF WINTER SPRINGS AUTHORIZED FOR INCLUSION IN SAID UNIT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. PUBLIC:: HEARING FOR SECOND READING W1 ILL BE HELD ON MONDAY. FEBRUARY 8, 2021 AT 6'34 P.M, OR SOON THEREAFTER IN THE COh0A'.ISSION C:HA..% BERS LOCATE DATTHE NINTERSPRINGS CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS, FL-RIDA. THE CITY COfl'J`,'.ISSION RESERVES THE RIGHT TO POSTPONE OR CONTINUE THE PUBLIC HE n.RING ON THIS ORDINANCE AT THIS ^,�EETING WITHOUT FURTHER NOTICE. The proposed ordinance may be Inspected by interested parties between 9 a,m_ and 5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 East State Road 434, Winter Springs, Florida. For more information call (447) 327-1940, Extension 253. Interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327-1940, Extension 236. This is a public hearing. If you decide to appeal any recommendatiory decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes. you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based- Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. OW71045 1129 1021 Odando S # nd 6871095