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Home My WebLink About2021 02 08 Public Hearing 400 - Second Reading of Ordinance No. 2021-01 Creation of the Little Lake Howell/Lake Tuskawilla Management Municipal Service Benefit Unit (MSBU) + , PUBLIC HEARINGS AGENDA ITEM 400 CITY COMMISSION AGENDA I FEBRUARY 8, 2021 REGULAR MEETING TITLE Second Reading of Ordinance 2021-01 Creation of the Little Lake Howell/Lake Tuskawilla Management Municipal Service Benefit Unit (MSBU) SUMMARY On October 12, 2020 Staff presented to the Commission for consideration, a Letter of Preliminary Support for the Creation of Little Lake Howell (Tuskawilla Lake) Management Municipal Service Benefit Unit (MSBU), Consent Agenda Item 301. On January 25, 2021 Staff presented and the Commission approved the interlocal agreement with Seminole County. The purpose of this Agreement is to establish the terms and conditions for lake management on Little Lake Howell for the special benefit of properties fronting on Little Lake Howell and those properties with right of use of a property fronting on Little Lake Howell. In addition, the Commission approved the first reading of Ordinance 2021-01, Public Hearings Agenda Item 400. The final step to complete the process of establishing the MSBU is for the City Commission to approve the Ordinance 2021-01 upon second reading. This MSBU is created and established by Seminole County, for the purpose of providing lake management services to the lake within the unit; providing identification of the property within the City of Winter Springs. RECOMMENDATION Staff requests the City Commission conduct a Second & Final Reading of Ordinance 2021-01 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 (MSBU). 1 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 2 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 stfikeOU4 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. — Approval of Inclusion of Certain Properties in Little Lake Howell MSBU. Pursuant to Ordinance No. 2021-01 ("Ordinance"), the City Commission of the City of Winter Springs, Florida, hereby approves and authorizes the inclusion of Little Lake Howell waterfront parcels within the City limits into Seminole County's Little Lake Howell/Tuskawilla Lake Management Municipal Service Benefit Unit ("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 appropriate through the Little Lake Howell MSBU process, and to collect the non-ad valorem assessments according to the uniform method beginning with Tax Year 2021. Sec. 18-221. - Term. This Division shall remain in full effect until otherwise repealed by ordinance adopted by the City Commission. Notice of the proposed repeat of this Division shall be provided in writing to Seminole County in accordance with the provisions of the Interlocal City of Winter Springs Ordinance No.2021-01 Page 2 of 5 3 Agreement for Lake Management of Little Lake Howell/Tuskawilla Lake. Any repeal of this Division shall not be effective until satisfaction or completion of the assessment commitment period associated with financed expenses and expenses incurred or under contract prior to the notice of the intent to terminate or repeal this Division is delivered to Seminole CountL. 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. Charles Lacey, Mayor ATTEST: Christian Gowan, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: City of Winter Springs Ordinance No.2021-01 Page 3 of 5 4 Anthony A. Garganese, City Attorney Legal Ad: First Reading: Second Reading: City of Winter Springs Ordinance No.2021-01 Page 4 of 5 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-OOIA 901 Tuskawilla Trail VanArsdale 12-21-30-5DV-0000-0010 911 Tuskawilla Trail Campbell 12-21-30-5DV-0000-0020 921 Tuskawilla Trail Bear 12-21-30-5DV-0000-0030 931 Tuskawilla Trail Hoskins 12-21-30-5DV-0000-0040 941 Tuskawilla Trail Garcia 12-21-30-5DV-0000-0050 951 Tuskawilla Trail Sheehan 12-21-30-5DV-0000-0060 961 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 6