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HomeMy WebLinkAbout2025 01 13 Regular 501 - Matters Related to Boards & CommitteesREGULAR AGENDA ITEM 501 CITY COMMISSION AGENDA | JANUARY 13, 2025 REGULAR MEETING TITLE Matters Related to Boards & Committees SUMMARY The City Clerk Department wishes to inform the City Commission of the following vacancies: Per Section 2-41(e) of the City Code , "If any commissioner fails to appoint a member within thirty (30) days after a vacancy occurs or a term expires, that seat shall be filled by a majority vote of the commission." CURRENT VACANCIES: Districting Commission By February 1, 2025, the City Commission must appoint seven (7) city electors determined from the registration of the last election; one (1) to be appointed by each Commissioner from their respective district, and two (2) appointed by the Mayor from the city at-large. Electors chosen shall not be employed by the City in any other capacity. Parks and Recreation Advisory Committee Seat One Appointment: Term Expires February 1, 2025 Seat Five Appointment: Term Expires February 1, 2025 Veteran and Veteran Families Advisory Committee Seat Four Appointment At-Large Appointment UPCOMING VACANCIES City Chaplain: Per the Resolution, terms are for one year and current terms will expire January 31, 2025. Bicycle and Pedestrian Advisory Committee Seat One: Term Expires February 1, 2025 Seat Three: Term Expires February 1, 2025 Seat Five: Term Expires February 1, 2025 Parks and Recreation Advisory Committee Seat Three: Term Expires February 1, 2025 In addition to the above appointment opportunities, staff has completed a review of all active advisory boards and committees for Commission review including background and recommendations. Based on this review, staff is recommending 404 sunsetting the following committees: (1) Bicycle and Pedestrian Advisory Committee, (2) Parks and Recreation Advisory Committee, and (3) Veteran and Veteran Families Advisory Committee. FUNDING SOURCE RECOMMENDATION Staff requests the Commission make appointments to the Districting Commission, review the staff report on all boards and committees, and provide further direction. 405 Page | 0 2025 City of Winter Springs Advisory Boards and Committee Review 406 Page | 1 Honorable Mayor and Commission, Staff has compiled information on all active boards and committees for an annual review by the City Commission. This includes background, a meeting review of the last three years, and recommendations. Regular review of all boards and committees is a good practice to ensure that boards and committees are fulfilling their duties and the functions of these boards and committees are still beneficial to the city. The City of Winter Springs has eight (8) active Advisory Boards and Committees • Bicycle and Pedestrian Advisory Committee • Board of Trustees • Code Enforcement Board • Oak Forest Wall and Beautification District Advisory Committee • Parks and Recreation Advisory Committee • Planning and Zoning Board/Local Planning Agency • Tuscawilla Lighting and Beautification District Advisory Committee • Veteran and Veteran Family Advisory Committee The Districting Commission is appointed and meets every three years per the City Charter to file a report containing a recommended plan for establishment or adjustment of the district boundaries. The Districting Commission is not included in this review and any changes would require a Charter Amendment. In this review, staff is recommending sunsetting three committees: (1) Bicycle and Pedestrian Advisory Committee, (2) Parks and Recreation Advisory Committee, and (3) Veteran and Veteran Families Advisory Committee. Thank you for your review and consideration of the information presented in this report. Christian D. Gowan, MPA City Clerk 407 Page | 2 Bicycle and Pedestrian Advisory Committee No. of Members: 5 Meetings: Quarterly Background This committee was formed in 2010 following the adoption of Ordinance 2010-06 1 and pursuant to Transportation Element Policy 1.5.18 of the Comprehensive Plan. The purpose of the Committee is to promote trail, pedestrian and bicycle circulation systems and encourage increased use of non -motorized transportation in the city. The Committee is tasked to perform the following duties: 1) Serve as an advocate for the adoption of a Trail and Bicycle System Master Plan for the city. 2) Promote pedestrian and bicycle travel as a viable transportation choice to connect neighborhoods with parks, schools, commercial areas, and other destinations in the city and surrounding area. 3) Assist with identifying funding sources and implementation strategies which further the development of an interconnected network of trails, sidewalks and bikeways within the city. 4) Recommend to the city commission establishment, development, planning, funding and maintenance of specific trail, sidewalk and bicycle projects. 5) Consider all matters submitted to it by the city commission or staff and shall offer suggestions or recommendations on its own initiative. It shall receive petitions and suggestions from the citizens of the city, and shall cooperate with civic groups, governmental agencies, and other organizations regarding trail, sidewalk and bicycle system planning and implementation. The membership of the board is limited to residents. There are no additional stated requirements or considerations for member appointments. Meetings are staffed by a representative of the City Clerk’s Office and the Community Development Department. Staff Analysis The Bicycle and Pedestrian Advisory Committee (BPAC) has met infrequently since its creation in 2010 and a total of 13 times since 2015. Most of these meetings occurred in 2021 following a suggestion to merge the committee with the Parks and Recreation Advisory Committee and subsequent action by the Committee to meet monthly. These meetings were almost exclusively informational in nature and required extensive research and communication between City and County Staff related to the Cross- Seminole Trail, and communication with the Florida Department of Transportation (FDOT) related to a crossing at State Road 419. 1 See Appendix A 408 Page | 3 Below is a look at the last three years: Bicycle and Pedestrian Advisory Committee Cancelled or Occurred Reason Duration 2022 3 Cancelled 1 – No Quorum; 2 – Staff 1 Meetings 33 minutes 2023 3 Cancelled 1 – No Quorum; 2 - Staff 1 Meetings 33 minutes 2024 4 Cancelled Staff Cancellation The main responsibility of the Committee is outside of the jurisdiction of the City of Winter Springs and Seminole County’s Parks and Preservation Advisory Committee covers many of the same functions. Recommendation Staff recommends sunsetting the Bicycle and Pedestrian Advisory Committee. If the Commission would like to pursue this course of action, an ordinance with two public hearings would be required. If the Commission does not desire to sunset the Committee, staff would recommend referring matters for consideration to the committee to receive feedback. Another suggestion would be to merge this and other committees to enhance productivity. 409 Page | 4 Board of Trustees No. of Members: 5 Meetings: Quarterly Background The Board of Trustees was formed following the adoption of Ordinance 4112 in 1988 and is directed to administer the city's pension plans pursuant to provisions adopted by the City Commission. The membership of the board is limited to residents. There are no additional stated requirements or considerations for member appointments. Meetings are staffed by a representative of the City Clerk’s Office and the Finance Department. The City Manager has regularly attended in the past as well as the Director of Operations. Staff Analysis The Board of Trustees regularly holds their quarterly meetings with Staff and the city’s advisor from Mariner. During meetings members receive an update on pension fund performance and provide direction for reallocation of funds and other necessary administrative functions. As seen in the chart below, two meetings have been cancelled in the last three years. Board of Trustees Cancelled or Occurred Reason Duration 2022 1 Cancelled 4 Meetings 1 Special Average 1 hour and 10 minutes 2023 4 Meetings Average 1 hour and 20 minutes 2024 1 Cancelled 3 Meetings Average 1 hour and 10 minutes Recommendation Staff recommends maintaining the Board of Trustees in its current form. 2 See Appendix A 410 Page | 5 Code Enforcement Board No. of Members: 7 Meetings: Monthly Background The Code Enforcement Board was established with the adoption of Ordinance 226 in 1980 and has been subsequently amended, most recently in 2015 3, related to the number of members and the authorization of an alternative system of code enforcement with the appointment of a special magistrate. This board holds hearings complete with testimony and discussion on findings of fact based on evidence of record and conclusions of law. They are responsible for issuing orders affording the proper relief consistent with powers granted herein. The City Code notes that members of the Board must be residents of the city, and whenever possible, shall include an architect, a businessperson, an engineer, a general contractor, a subcontractor and a realtor or as otherwise provided by law. The membership of the code enforcement board shall be limited to residents of the city, and whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor and a realtor or as otherwise provided by law. Meetings are staffed by a representative of the City Clerk’s Office and the Winter Springs Police Department (Captain, Lieutenant, and Code Compliance Inspectors). Staff Analysis The Code Enforcement Board meets regularly to hear cases brought forward by the city’s Code Compliance Inspectors. Meetings are regularly not held in November and December. Code Enforcement Cancelled or Occurred Reason Duration 2022 2 Cancelled Staff – No Cases Ready 9 Meetings Average 1 hour and 10 minutes 2023 3 Cancelled Staff - No Cases Ready 8 Meetings Average 1 hour and 20 minutes 2024 3 Cancelled Staff – No Cases Ready 8 Meetings Average 1 hour and 15 minutes 3 See Appendix A 411 Page | 6 Recommendation Staff recommends maintaining the Code Enforcement Board in its current form. If the Commission would like to pursue an alternative method such as a special magistrate the mechanism is currently in place in the City Code, Section 2-58. 412 Page | 7 Oak Forest Wall and Beautification District Advisory Committee No. of Members: 5 Meetings: Bi-Annually (beginning 2025) Background The Oak Forest Wall & Beautification District Advisory Committee following the adoption of Resolution 877 in 1999 in conformance with Ordinance 704.4 The Committee in conjunction with city staff personnel, shall timely provide input and recommendations to City staff or City consulting professionals assigned the task of providing technical assistance in the following activities: (1) development of a budget for the desired Local Improvement or Related Services, (2) imposition of Assessments to fund the Local Improvement or Related Services, (3) issuance of the Obligations when required, and (4) maintenance of the Local Improvement or the provision of Related Services. The advisory committee shall review and discuss issues related to the foregoing and other directly related matters of interest to the owners of property within the respective Assessed Areas and make such recommendations thereon as the advisory committee deems appropriate. Responsible reviews and discusses issues related to the foregoing and other directly related matters of interest to the owners of property within the Oak Forest community. The membership of the committee may be residents or persons with a vocational or investment interest in the Assessed Area. There are no additional stated requirements or considerations for member appointments. Meetings are staffed by a representative of the City Clerk’s Office and the Finance Department. Staff Analysis The Oak Forest Wall & Beautification District Advisory Committee has changed its meeting schedule from annually, to quarterly, to now meet bi-annually. The meetings are generally held without the need for rescheduling and provides staff with necessary direction and input. Oak Forest Wall and Beautification District Advisory Committee Cancelled or Occurred Reason Duration 2022 1 Meeting 36 minutes (in 2023 went to quarterly) 2023 1 Cancelled No Quorum 3 Meetings 1 Special Average 40 minutes 2024 1 Cancelled No Quorm 4 Meetings 1 Rescheduled Average 30 minutes 1 Special 4 See Appendix A 413 Page | 8 Recommendation Staff recommends maintaining the Oak Forest Wall & Beautification District Advisory Committee in its current form. 414 Page | 9 Parks and Recreation Advisory Committee No. of Members: 9 Meetings: Quarterly Background This committee was formed in 2010 following the adoption of Ordinance 2010-07 5 and pursuant to Recreation and Open Space Element Policy 1.1.2 of the Comprehensive Plan. The purpose of the parks and recreation advisory committee is to promote park and recreation programs of the city and to recommend to the parks and recreation director, as well as other city staff and the city commission as needed, policies and actions to promote, plan, design, construct and utilize city parks and related special events, fundraising and recreation programs. The committee shall perform the following duties: 1) Advise and assist the parks and recreation director, as well as other city staff and the city commission as needed, in matters involving or affecting city parks and recreation; 2) Keep the parks and recreation director, as well as other city staff and the city commission as needed, informed of the status and progress of recreational and parks services, plans, special events, fundraisers and activities; 3) Advise and make recommendations to the parks and recreation director, as well as other city staff and the city commission as needed, regarding the promotion of citizen participation in recreation and park programs and distribution of information about leisure activities offered by the city; 4) Assist the parks and recreation director, as well as other city staff and the city commission as needed, in the implementation of the goals, objectives and policies of the Recreation and Open Space Element of the city's comprehensive plan. The membership of the committee is limited to residents and shall, whenever possible, include the following: • An active member of the Winter Springs Senior Association; • An active member of a youth sports organization or program; • An individual who is active in planning or assisting with special events of the city; • An individual who is active in an adult sports organization or program; • An individual who uses or accompanies children in the use of city playgrounds; • An active member of a conservation group or agency, or an individual with experience in the use of parks for public purposes; 5 See Appendix A 415 Page | 10 • An individual who participates in or supervises children who participate in the city's summer program(s), civic center program(s), camp(s) or other similar program(s). • An individual who is active in fundraising efforts; • An individual with general interest in parks and recreation. Meetings are staffed by a representative of the City Clerk’s Office and the Parks and Recreation Department. Staff Analysis The Parks and Recreation Advisory Committee (PRAC) is the city’s largest committee with nine members. While the committee does meet regularly, the content is often informational with staff providing updates of projects that have been completed. Below is a look at the last three years: Parks and Recreation Advisory Committee Cancelled or Occurred Reason Duration 2022 2 Cancelled 2 Meetings Average 50 minutes 2023 3 Cancelled 1 – No Quorum 1 Meeting 1 hour and 13 minutes 2024 4 Meetings 1 Rescheduled Average 55 minutes 1 – 20-minute late start Recommendation Staff recommends sunsetting the Parks and Recreation Advisory Committee. If the Commission would like to pursue this course of action, an ordinance with two public hearings would be required. If the Commission does not desire to sunset the Committee, staff would recommend reducing the number of members to no more than seven, evaluating and following the membership criteria, and referring matters for consideration to the committee to receive feedback. Another suggestion would be to merge this and other committees to enhance productivity. 416 Page | 11 Planning and Zoning Board/Local Planning Agency No. of Members: 5 Meetings: Monthly Background The Planning and Zoning Board was originally established in 1968 with the adoption of Ordinance 44.6 The Board is responsible for the following: 1) Recommend to the city commission the boundaries of the various original zoning districts and appropriate regulations to be enforced therein and any proposed amendments thereto and to collect data and keep itself informed as to the best practices generally in effect in the matter of city planning and zoning to the end that it may be qualified to act on measures affecting the present and future movement of traffic, the segregation of residential and business districts and the convenience and safety of persons and property in any way dependent on city planning and zoning. The board shall recommend the boundaries of districts and appropriate regulations. 2) To hear and make recommendations on appeals only where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulations adopted, as provided in this chapter. 3) To review and make recommendations to the city commission on any application for variance. 4) To review and make recommendations to the city commission on any application for conditional use. 5) To review and make recommendations to the city commission on any application for waiver. 6) To hear and make recommendations on such other matters and issues and give such guidance as may be required by law or requested of it by the city commission. The Planning and Zoning Board also serves as the local land planning agency pursuant to the county comprehensive planning act and the local government comprehensive planning act of the state. The membership of the board is limited to residents. There are no additional stated requirements or considerations for member appointments. Meetings are staffed by a representative of the City Clerk’s Office and the Finance Department. Staff Analysis The Planning & Zoning Board meets regularly as needed to discuss current applications, updates to the Comprehensive Plan, and review relevant ordinances. 6 See Appendix A 417 Page | 12 Planning and Zoning Board Cancelled or Occurred Reason Duration 2022 7 Cancelled Staff – No items 5 Meetings Average 45 minutes 2023 5 Cancelled Staff – No items 7 Meeting Average ~ 1 hour 2024 7 Cancelled Staff – No items 5 Meetings Average 33 minutes Recommendation Staff recommends maintaining the Planning and Zoning Board/Local Planning Agency in its current form. A Local Planning Agency is required by Florida Statutes (163.3174). If the Commission does not wish to maintain the current board it could appoint itself to act as the Local Planning Agency which would require separate meetings acting as that body. 418 Page | 13 Tuscawilla Lighting and Beautification District Advisory Committee No. of Members: 5 Meetings: Quarterly Background The Tuscawilla Lighting & Beautification District Advisory Committee was created following the adoption of Resolution 855 in 1998 in conformance with Ordinance 704.7 The Committee in conjunction with city staff personnel, shall timely provide input and recommendations to City staff or City consulting professionals assigned the task of providing technical assistance in the following activities: (1) development of a budget for the desired Local Improvement or Related Services, (2) imposition of Assessments to fund the Local Improvement or Related Services, (3) issuance of the Obligations when required, and (4) maintenance of the Local Improvement or the provision of Related Services. The advisory committee shall review and discuss issues related to the foregoing and other directly related matters of interest to the owners of property within the respective Assessed Areas and make such recommendations thereon as the advisory committee deems appropriate. Responsible reviews and discusses issues related to the foregoing and other directly related matters of interest to the owners of property within the Oak Forest community. The membership of the committee may be residents or persons with a vocational or investment interest in the Assessed Area. There are no additional stated requirements or considerations for member appointments. Meetings are staffed by a representative of the City Clerk’s Office and the Finance Department. Staff Analysis The Tuscawilla Lighting & Beautification District Advisory Committee holds regular meetings and provides beneficial information to staff. Tuscawilla Lighting and Beautification District Advisory Committee Cancelled or Occurred Reason Duration 2022 6 Meetings 1 Special meeting Average of about an hour 1 Workshop 2023 4 Meetings 2 Rescheduled Average 45 minutes 2024 5 Meetings 1 Rescheduled Average 37 minutes 1 Special 7 See Appendix A 419 Page | 14 Recommendation Staff recommends maintaining the Tuscawilla Lighting & Beautification District Advisory Committee in its current form. 420 Page | 15 Veteran and Veteran Families Advisory Committee No. of Members: 7 Meetings: Quarterly Background The Veteran and Veteran Families Committee was established in 2020 following the adoption of Resolution 2020-22.8 The Committee was set up to advise and make appropriate recommendations to the City Commission regarding matters affecting local veterans and their families and, specifically, ways to encourage meaningful veteran participation in city events, such as the Celebration of Freedom, Veteran' s Day Tribute, Winter Wonderland, and Hometown Harvest. The membership of the committee is limited to residents and each member must be either (1) a veteran of the U.S. military who was discharged or released therefrom under conditions other than dishonorable; (2) an immediate family member of a veteran or deceased veteran; or(3) an officer or leader of a veteran organization based in Winter Springs. Meetings are staffed by a representative of the City Clerk’s Office and the Parks and Recreation Department. Staff Analysis The Veteran and Veteran Families Advisory Committee has met irregularly since its inception, oftentimes due to an inability to establish a quorum, and does not have clearly defined areas to operate in. The only stated purpose of the committee is to increase veteran participation in city events; however this could be accomplished, perhaps more effectively, outside of a city advisory board. Many of the initiatives that have been discussed or proposed by the committee are outside of the scope of the establishing resolution. Veterans and Veterans Family’s Advisory Committee – meets quarterly Cancelled or Occurred Reason Duration 2022 2 Cancelled 1 - No Quorum 2 Meetings Average 47 minutes 2023 1 Cancelled No Quorum 3 Meeting Average 50 minutes 2024 2 Cancelled 4 Meetings Average 44 minutes 8 See Appendix A 421 Page | 16 Recommendation Staff recommends sunsetting the Veteran and Veteran Families Advisory Committee. This would require a resolution. 422 APPENDIX A 423 ORDINANCE NO. 2010 -06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CREATING THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE; ESTABLISHING PURPOSE AND DUTIES; 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 bylaw; and WHEREAS, the City Commission adopted the Evaluation and Appraisal Report Amendments to the Comprehensive Plan on September 28, 2009; and WHEREAS, Transportation Element Policy 1.5.18 directs the establishment of a trails advisory committee made up of residents who will work together to pursue the planning and implementation of an interconnected trail and bicycle system and make appropriate recommendations to the City Commission; and WHEREAS, a Bicycle and Pedestrian Advisory Committee is needed to pursue the planning and implementation of non - motorized transportation linkages within and throughout the City to supplement and further enhance the value of the Cross - Seminole Regional Trail within the City; 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. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Chapter 2, is hereby amended to create new sections 2 -43 and 2 -44 as follows (underlined type indicates textual additions to the City Code): Sec. 2 -43. Creation; composition; appointment of members. a) Pursuant to Transportation Element Policy 1.5.18 of the city's comprehensive plan, the city hereby establishes a trails advisory committee which shall be known as the "Bicycle and Pedestrian Advisory Committee ". b) The Committee shall have five (5) members and membership on the Committee shall be in accordance with the terms of Section 2 -42 of this code except as expressly provided in this Section. The Committee may additionally include ex officio members, who may or may not be residents of City of Winter Springs Ordinance No. 2010 -06 Page 1 of 3 424 the city, who can provide technical support or expertise in any aspect of the Committee's work. Such ex officio members will have no voting power and cannot be used for the purpose of establishing a quorum for m etings. Any commissioner or the mayor may appoint an ex officio member but such appointment is not effective until ratified by majority vote of the city commission. c) Appointees to the Committee shall have knowledge and experience or interest in the planning and implementation of a city interconnected trail and bicycle system network, as determined by application. No person shall be appointed with private or personal interests likely to conflict with the general public interest. d) The Committee shall conduct four (4) quarterly regular meetings each year and may conduct additional special meetings as may be necessary to properly perform its duties and functions. e) The Committee shall establish rules and or bylaws to govern the manner in which its meetings and affairs are conducted, provided that such rules and procedures are not inconsistent with federal and state law, the city code or direction of the city commission. 0 The Committee shall be subject to the Florida Public Records Act and the Sunshine Law. Sec. 2 - 44. Purpose and Duties. a) The purpose of the Committee is to promote trail, pedestrian and bicycle circulation systems and encourage increased use of non - motorized transportation in the city. The Committee shall perform the following duties: 1) Serve as an advocate for the adoption of a Trail and Bicycle System Master Plan for the city. 2) Promote pedestrian and bicycle travel as a viable transportation choice to connect neighborhoods with parks, schools, commercial areas, and other destinations in the city and surrounding area. 3) Assist with identifying funding sources and implementation strategies which further the development of an interconnected network of trails, sidewalks and bikeways within the city. 4) Recommend to the city commission establishment, development, planning, funding and maintenance of specific trail, sidewalk and bicycle projects. 5) Consider all matters submitted to it by the city commission or staff and shall offer suggestions or recommendations on its own initiative. It shall receive petitions and suggestions from the citizens of the city, and shall cooperate with civic groups, governmentalagencies, and other 9rganizations regarding trail, sidewalk and bicycle system planning and implementation 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. 2010 -06 Page 2 of 3 425 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 W' • er Springs, Florida, in a regular meeting assembled on the 23r day of August, 2010. J t F. BUS ;19l yor ATTES ► : A 'DR / 41 0 RENZO - LUACES, City Clerk Approv • : s o legal form and sufficiency for the C'- 40 r Springs onl : ANTHONY A. GARGANESE, City Attorney First Reading:April 12, 2010 Second Reading:August 23, 2010 Effective Date:August 23, 2010 City of Winter Springs Ordinance No. 2010 -06 Page 3 of 3 426 ORDINANCE NO. 411 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 2-6(d) TO PROVIDE FOR BOARD OF TRUSTEES CONSISTING OF FIVE MEMBERS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined that the Board of Trustees which administers the Pension Plan for the Employees of the City of Winter Springs, Florida, which presently consists of four members is inadequate. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I - That Section 2-6(d) of the Code of Ordinances of the City of Winter Springs, Florida, is hereby deleted in its entirety and the following replaced therefor: d) There is hereby created and established a board of trustees consisting of five (5) members and each shall be appointed for a term of three (3) years. The successors of the original appointees shall likewise be appointed for terms of three (3) years by resolution of the city commission. Vacancies in the board shall be filled by the city commission for the un- expired term of such vacancies. The board of trustees herein appointed is hereby authorized to enter into the plan with the City of Winter Springs, Florida. The board of trustees shall administer the plan pursuant to the provisions contained therein. SECTION II - If any section or portion of a seciton or subsection of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of section or subsection or part of this ordinance. SECTION III - That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION IV - This ordinance shall take effect immediately upon its passage and adoption. PASSED and ADOPTED this 14thday of First Reading Feb. 8. 1988 Posted Feb. 9. 1988 Second Reading and Public Hearing March 14. 1988. 427 ORDINANCE NO. 226 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, CREATING A CODE ENFORCEMENT BOARD PURSUANT TO THE NEWLY CREATED PART V OF CHAPTER 166 OF THE FLORIDA STATUTES; PROVIDING FOR ORGANIZATION OF THE BOARD; PROVIDING ENFORCEMENT PROCEDURES AND HEARINGS ; PRO- VIDING FOR THE POWERS OF THE BOARD WHICH INCLUDES THE ASSESSMENT OF FINES; PROVIDING FOR APPEAL; SEVER- ABILITY; CONFLICTS AND EFFECTIVE DATE. WHEREAS, the legislature of the State of Florida has created Part V of Chapter 166 of the Florida Statutes authorizing every municipality throughout the State of Florida to create a Code Enforce- ment Board to promote, protect and improve the health, safety and welfare of the citizens of the municipalities of this State by pro- viding an equitable, expeditious, effective and inexpensive method of enforcing the various occupational license, fire, building, zoning, sign and related technical codes in force in said municipalities, and; WHEREAS, the City Council of the City of Winter Springs, Florida, has determined it to be in the best interests of the citizens of Winter Springs, Florida, to create a Code Enforcement Board pursuant to the terms of Part V of Chapter 166 of the Florida Statutes. NOW, THEREFORE, the City of Winter Springs hereby ordains: SECTION I - That the City of Winter Springs, Florida does herewith and does hereby create a Code Enforcement Board pursuant to the terms of Part V of Chapter 166 of the Florida Statutes. SECTION II - That said Code Enforcement Board shall consist of six members to be appointed by the City Council. The members of said board shall be residents of the municipality and appointments to the board shall be in accordance with the terms of the City Charter on the basis of experience or interest in the fields of zoning and buildinq control and whenever possible the membership shall consist of an architect, a businessman, an engineer, a general contractor, a sub- contractor and a realtor. SECTION III - That the initial appointments to the enforce- ment board shall be as follows: (a) two members appointed for a term of one year; (b) two members appointed for a term of two years and; c) two members appointed for a term of three years. Thereafter all 428 appointments shall be made for a term of three years and any member may be reappointed from term to term upon approval of the City Council. Appointments to fill any vacancy on the enforcment board shall be for the remainder of the unexpired term of office. Any member who fails to attend two of three successive meetings without cause and without prior approval of the Chairman shall automatically forfeit his appoint- ment, and the City Council shall promptly fill such vacancy. The members shall serve in accordance with the City Charter and may be revoked as provided in the City Code of Ordinances for removal of members of City Boards. SECTION IV - Members of the enforcement board shall elect a chairman and the presence of four or more members shall constitute a quorum of the enforcement board. Members shall serve without com- pensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the City Council. SECTION V - There shall be a code inspector who may be any authorized agent or employee of the City of winter Springs, Florida, and it shall be his duty to insure code compliance and to initiate enforcement proceedings. No member of the Code Enforcement Board shall have the power to initiate such enforcement proceedings. If it is determined that there has been a violation of the codes of the City of Winter Springs, Florida, the code inspector shall notify the vio- lator and give him a reasonable time to correct said violation. Should the violation continue beyond the time! specified for correction, the code inspector shall notify the enforcement board and request a hearlng pursuant to the procedure hereinafter established. Written notice shall be mailed to said violator by certified mail, return receipt requested. Where mail would not be effective, notice shall be by hand delivery by the code inspector. Notwithstanding the above, in the event the code inspector has reason to believe a violation presents a serious threat to the public health, safety and welfare, said code inspector may pro- ceed directly to the hearing procedure hereinafter provided for without any notification to the violator. SECTION VI - Hearings of the Code Enforcement Board may be called by the chairman of said board or by written notice signed by at least three members of the board. Future hearings may be set at 429 any hearing of the enforcement board. The Code Enforcement Board should attempt to convene at least once every two months, but may meet more or less often as the demand necessitates. Minutes shall be kept of all hearings by the enforcement board and all hearings shall be open to the public. The City Council shall provide clerical and ad- ministrative personnel as may be reasonab1y required by the enforcement board for the proper performance of its duties. A member of the administrative staff of the city of Winter Springs to be appointed by the City Council shall present each case before the Code Enforcement Board. The testimony presented to the Code Enforcement Board shall be under oath and shall be recorded. The Board shall take testimony from the code inspector and the alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern said proceedings. At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record, and conclusions of law and shall issue an order affording the proper relief consistant with powers granted herein. The finding shall be by motion approved by a majority of those present and voting, except that at least three members of the enforcement board must vote for the action to be official. The record shall be presented to the Court on appeal and shall be subject to review. SECTION VII - The Code Enforcement Board shall have the following powers: (1) adopt rules for the conduct of its hearings; 2) subpoena alleged violators and witnesses to its hearings. Sub- poenas may be served by the police department of the City of Winter Springs, Florida; (3) subpoena evidence; (4) take testimony under oath; (5) issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance and; (6) assess fines upon notification by the code inspector that a previous order of the enforcement board has not been complied with by the set time. The violator may be orde.red to pay a fine not to exceed $500.00 for each day the violation continues past the date set for compliance. A certified copy of an order imposing the fine may be recorded in the Public Records and thereafter shall constitute a lien against the land on which the violation exists. After one year from the filing of any such lien which remains unpaid, the enforcement board may authorize the City Attorney to foreclose on the lien. 430 SECTION VIII - An aggrieved party may appeal a ruling or order of the enforcement board by certiorari in Circuit Court. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. SECTION IX - If any section or portion of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. SECTION X - That all parts of ordinances in conflict here- with are hereby repealed. SECTION XI - This ordinance shall take effect immediately upon its final passage and adoption or on the 1st day of October, 1980, whichever shall occur last. PASSED AND ADOPTED this 431 RESOLUTION NO. 855 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, CREATING THE TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE IN ACCORDANCE WITH THE PROVISIONS OF ORDINANCE NO. 704. WHEREAS, the City Commission adopted Ordinance No. 704 on July 27, 1998 establishing the rules and procedures for creating Assessment Districts and Assessment District Advisory Committees; and WHEREAS, the City Commission desires to create the Tuscawilla Lighting and Beautification District Advisory Committee in conformance with the provisions of Ordinance No. 704; and WHEREAS, the duties, rules and membership of the Committee shall be in strict conformance with Section 2.02 of Ordinance No. 704. NOW, THEREFORE, BE IT RESOLVED THAT THE TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT IS CREATED THIS DATE BY THE WINTER SPRINGS CITY COMMISSION FOR THE PURPOSE OF PROVIDING THE CITY WITH ADVISORY RECOMMENDATIONS RELATED TO THE PLANNING, DESIGN, OPERATION AND MANAGEMENT OF THE DISTRICT AS PROVIDED IN SECTION 2.02 OF ORDIANCE NO. 704 OF THE CODE OF LAWS OF THE CITY OF WINTER SPRINGS. PASSED AND ADOPTED this ~ay of ~ ' 1998 ATTEST: JL~~ City Clerk . 432 A TTACHMENT NO. 1 RESOLUTION NO. 877 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, CREATING THE OAK FOREST BEAUTIFICATION ADVISORY COMMITTEE IN ACCORDANCE WITH THE PROVISIONS OF ORDINANCE NO. 704. WHEREAS, the City Commission adopted Ordinance No. 704 on July 27, 1998 establishing the rules and procedures for creating Assessment Districts and Assessment District Advisory Committees; and WHEREAS, the City Commission desires to create the Oak Forest Advisory Committee in conformance with the provisions of Ordinance No. 704; and WHEREAS, the duties, rules and membership of the Committee shall be in strict conformance with Section 2.02 of Ordinance No. 704. NOW, THEREFORE, BE IT RESOLVED THAT THE OAK FOREST BEAUTIFICATION DISTRICT IS CREATED THIS DATE BY THE WINTER SPRINGS CITY COMMISSION FOR THE PURPOSE OF PROVIDING THE CITY WITH ADVISORY RECOMMENDATIONS RELATED TO THE PLANNING, DESIGN, OPERATION AND MANAGEMENT OF THE DISTRICT AS PROVIDED IN SECITON 2.02 OF ORDINANCE NO. 704 OF THE CODE OF LAWS OF THE CITY OF WINTER SPRINGS. PASSED AND ADOPTED this 12th dayof April ,1999 ATTEST: 433 ORDINANCE NO. 98-LM.. AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA RELATING TO CAPITAL IMPROVEMENTS AND RELATED SERVICES PROVIDING A SPECIAL BENEFIT TO LOCAL AREAS WITHIN THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING DEFINITIONS AND FINDINGS; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR THE CREATION OF ASSESSMENT AREAS; AUTHORIZING THE IMPOSITION AND COLLECTION OF SPECIAL ASSESSMENTS TO FUND THE COST OF CAPITAL IMPROVEMENTS AND RELATED SERVICES PROVIDING A SPECIAL BENEFIT TO LOCAL AREAS WITHIN THE CITY OF WINTER SPRINGS; PROVIDING FOR THE OPTIONAL AND MANDATORY PREPAYMENT OF ASSESSMENTS; ESTABLISHING PROCEDURES FOR NOTICE AND ADOPTION OF ASSESSMENT ROLLS AND FOR CORRECTION OF ERRORS AND OMISSIONS; PROVIDING THAT ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF THE ASSESSMENT ROLLS; ESTABLISHING PROCEDURES AND METHODS FOR COLLECTION OF ASSESSMENTS, INCLUDING ASSESSMENTS IMPOSED ON GOVERNMENT PROPERTY; AUTHORIZING THE ISSUANCE OF OBLIGATIONS SECURED BY ASSESSMENTS; PROVIDING FOR VARIOUS RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH OBLIGATIONS; PROVIDING THAT SUCH OBLIGATIONS WILL NOT CREATE A GENERAL DEBT OR OBLIGATION OF THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: 1 434 ARTICLE I INTRODUCTION SECTION 1.01. DEFINITIONS. When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly requires otherwise: Annual Local Improvement Assessment Resolution" means the resolution described in Section 3.07 hereof, approving the Local Improvement Assessment Roll for a specific Fiscal Year. Annual Related Service Assessment Resolution" means the resolution described in Section 4.07 hereof, approving the Related Service Assessment Roll for a specific Fiscal Year. Assessment" means a special assessment lawfully imposed by the City against property located within an Assessment Area for the payment of the Project Cost of Local Improvements or the Operating Cost of Related Services. Assessment Area" means any of the areas created by resolution of the City Commission pursuant to Section 2.01 hereof, that specially benefit from the acquisition and construction of any Local Improvements or Related Services. Assessment Unit" means the unit or criteria utilized to determine the Assessment for each parcel of property, as set forth in the Initial Local Improvement Assessment Resolution or the Initial Related Service Assessment Resolution. "Assessment Units" may include, by way of example only and not limitation, one or a combination of the following: front footage, platted lots or parcels of record, land area, improvement area, equivalent residential connections, permitted land use, trip generation rates, rights to future trip 2 435 generation capacity under applicable concurrency management regulations, or any other physical characteristic or reasonably expected use of the property that is logically related to the Local Improvement or Related Service to be funded from proceeds of the Assessment. Capital Cost" means all or any portion of the expenses that are properly attributable to the acquisition, design, construction, installation, reconstruction, renewal or replacement (including demolition, environmental mitigation and relocation) of Local Improvements and imposition of the related Assessments under generally accepted accounting principles; and including reimbursement to the City for any funds advanced for Capital Cost and interest on any interfund or intrafund loan for such purposes. City" means the City of Winter Springs, Florida. City Clerk" means the official custodian of all City records and papers of an official character as set forth in Section 4.10 of the City Charter, or her designee. City Commission" means the City Commission for the City. City Manager" means the administrative and executive head of the City as set forth in Article V of the City Charter, or his designee. Final Local Improvement Assessment Resolution" means the resolution described in Section 3.06 hereof, which shall confirm, modify or repeal the Initial Local Improvement Assessment Resolution and which shall be the final proceeding for the imposition of a Local Improvement Assessment. Final Related Service Assessment Resolution" means the resolution described in Section 4.06 hereof, which shall confirm, modify or repeal the Initial Related Service 3 436 Assessment Resolution and shall be the final proceeding for the imposition of a Related Service Assessment. Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the City. Government Property" means property owned by the United States of America, the State of Florida, a county, a special district, a municipal corporation, or any of their respective agencies or political subdivisions. Initial Local Improvement Assessment Resolution" means the resolution described in Section 3.02 hereof, which shall be the initial proceeding for the imposition of a Local Improvement Assessment. Initial Related Service Assessment Resolution" means the resolution described in Section 4.02 hereof, which shall be the initial proceeding for the imposition of a Related Service Assessment. Local Improvement" means a capital improvement program or plan for the construction or installation by the City for the special benefit of a neighborhood or other local area. Local Improvement Assessment" means a special assessment imposed by the City pursuant to Section 3.01 hereof upon each parcel of property within the Assessment Area. Local Improvement Assessment Roll" means the special assessment roll relating to Local Improvement Assessments, approved by a Final Local Improvement 4 437 Assessment Resolution or an Annual Local Improvement Assessment Resolution pursuant to Section 3.06 or Section 3.07 hereof. Obligations" means bonds or other evidence of indebtedness including but not limited to, notes, commercial paper, capital leases or any other obligation issued or incurred to finance any portion of the Project Cost of Local Improvements and secured, in whole or in part, by proceeds of the Assessments. Operating Cost" means all or any portion of the expenses that are properly attributable to Related Services under generally accepted accounting principles, including, without limiting the generality of the foregoing, reimbursement to the City for any funds advanced for Related Services, and interest on any interfund or intrafund loan for such purpose. Ordinance" means this Local Improvement and Related Service Assessment Ordinance. Pledged Revenue" means, as to any series of Obligations, (A) the proceeds of such Obligations, including investment earnings, (B) proceeds of the Assessments pledged to secure the payment of such Obligations, and (C) any other legally available non-ad valorem revenue pledged, at the City Commission's sole option, to secure the payment of such Obligations, as specified by the ordinance and resolution authorizing such Obligations. Project Cost" means (A) the Capital Cost of a Local Improvement, (B) the Transaction Cost associated with the Obligations which financed the Local Improvement, C) interest accruing on such Obligations for such period of time as the City deems 5 438 appropriate, (0) the debt service reserve fund or account, if any, established for the Obligations which financed the Local Improvement, and (E) any other costs or expenses related thereto. Property Appraiser" means the Seminole County Property Appraiser. Related Service" means the operation and maintenance of a Local Improvement. Related Service Assessment" means an annual special assessment imposed by the City pursuant to Section 4.01 hereof upon each parcel of property within the Assessment Area. Related Service Assessment Roll" means the special assessment roll relating to Related Service Assessments, approved by a Final Related Service Assessment Resolution or an Annual Related Service Assessment Resolution pursuant to Section 4.06 or Section 4.07 hereof. Related Service Cost" means all expenses that are properly attributable to maintenance of the Local Improvement (excluding amounts paid or reimbursed by FOOT) under generally accepted accounting principles, including, without limiting the generality of the foregoing, reimbursement to the City for any moneys advanced for Related Service, and interest on any interfund loan for such purposes. Resolution of Intent" means the resolution expressing the City Commission's intent to collect Assessments on the ad valorem tax bill required by the Uniform Assessment Collection Act. Tax Collector" means the Seminole County Tax Collector. 6 439 Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Transaction Cost" means the costs, fees and expenses incurred by the City in connection with the issuance and sale of any series of Obligations, including but not limited to (A) rating agency and other financing fees; (8) the fees and disbursements of bond counsel; (C) the underwriters' discount; (0) the fees and disbursements of the City's financial advisor; (E) the costs of preparing and printing the Obligations, the preliminary official statement, the final official statement, and all other documentation supporting issuance of the Obligations; (F) the fees payable in respect of any municipal bond insurance policy; (G) administrative, development, credit review, and all other fees associated with any pooled commercial paper or similar interim financing program; and (H) any other costs of a similar nature incurred in connection with issuance of such Obligations. Uniform Assessment Collection Act" means sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non-ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. SECTION 1.02. INTERPRETATION; TITLE AND CITATION. A) Unless the context indicates otherwise, words importing the singular number include the plural number and vice versa; the terms "hereof," "hereby," "herein," "hereto," hereunder" and similar terms refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Ordinance. Words 7 440 of any gender include the correlative words of the other gender, unless the sense indicates otherwise. 8) This Ordinance, being necessary for the welfare of the inhabitants of the City, particularly the owners of property located within the Assessed Areas, shall be liberally construed to effect the purposes hereof. C) This Ordinance shall be known and cited as the "Local Improvement and Related Service Assessment Ordinance." SECTION 1.03.GENERAL FINDINGS. It is hereby ascertained, determined and declared that: A) Pursuant to Article VIII, Section 2(b) of the Florida Constitution and sections 166.021 and 166.041, Florida Statutes, the City Commission has all powers of local self- govemment to perform municipal functions and to render municipal services except when prohibited by law and such power may be exercised by the enactment of legislation in the form of City ordinances. 8) The City Commission may exercise any govemmental, corporate, or proprietary power for a municipal purpose except when expressly prohibited by law, and the City Commission may legislate on any subject matter on which the Florida Legislature may act, except those subjects described in (a), (b), (c), and (d) of section 166.021 (3), Florida Statutes. The subject matter of paragraphs (a), (b), (c), and (d) of section 166.021 (3), Florida Statutes, are not relevant to imposition of assessments related to Local Improvements or Related Services within the City. 8 441 C) The Assessments imposed pursuant to this Ordinance will be imposed by the City Commission, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this Ordinance shall be construed solely as ministerial. 0) The subject matter of this Ordinance concerns the City's budget and capital programs; accordingly, this Ordinance shall not be subject to reconsideration pursuant to Article IX, Section 9.01 of the City Charter. 9 442 ARTICLE II ASSESSED AREAS AND ADVISORY COMMITTEES SECTION 2.01. DEFINITION OF ASSESSED AREAS. The City Commission is hereby authorized to define Assessed Areas in accordance with the procedures set forth herein to include property located within the incorporated area of the City. Each Assessed Area shall encompass only that property specially benefitted by the Local Improvements or Related Services proposed for funding from the proceeds of Assessments to be imposed therein. SECTION 2.02.CREATION OF ADVISORY COMMITTEES. A) The City Commission may establish by resolution an advisory committee for any Assessment Area within which Assessments are imposed. 8) Each advisory committee shall consist of at least five members appointed by the City Commission. Members of the advisory committee may be residents or persons with a vocational or investment interest in the Assessed Area. All members of any advisory committee shall serve at the pleasure of the City Commission. C) Each advisory committee, for its respective Assessed Area, and in conjunction with City staff personnel, shall timely provide input and recommendations to City staff or City consulting professionals assigned the task of providing technical assistance in the following activities: (1) development of a budget for the desired Local Improvement or Related Services, (2) imposition of Assessments to fund the Local Improvement or Related Services, (3) issuance of the Obligations when required, and (4) maintenance of the Local Improvement or the provision of Related Services. The advisory 10 443 committee shall review and discuss issues related to the foregoing and other directly related matters of interest to the owners of property within the respective Assessed Areas and make such recommendations thereon as the advisory committee deems appropriate. D) Unless otherwise provided by resolution of the City Commission: (1) each initial member of an advisory committee shall be nominated (one each) by the City Commission; however each nominee shall be confirmed by majority vote of the entire City Commission, (2) two members of the advisory committee first appointed, by the Commissioners from seats 2 and 4, shall serve 2-year terms and the remaining three members first appointed shall serve 3-year terms; thereafter members shall serve not more than two consecutive 3-year terms; persons serving partial terms shall be entitled to serve the partial term and two full consecutive 3-year terms, (3) each advisory committee shall have the authority to determine its own rules and procedures, provided that such rules and procedures are not inconsistent with law or direction of the City Commission; (4) each advisory committee may elect from its members a chairman and such officers as it may deem appropriate; however, each advisory committee shall designate from its members one person who shall serve as the official liaison between the advisory committee and the City; such liaison shall direct all formal communications to the City Manager regarding the business of the advisory committee; (5) all meetings of the advisory committee shall be noticed in advance and be held at City Hall and in all ways conducted in conformance with all government in-the-sunshine and open public-records laws, (6) on matters requiring a vote of the membership of the advisory committee, all members shall vote unless an actual conflict of interest is stated on the record, (7) each advisory committee shall meet not less 11 444 than once quarterly failure to attend three meetings in anyone twelve month period or three consecutive advisory committee meetings shall be grounds for removal. SECTION 2.03.LANDOWNER PETITION PROCESS. At its option, the City Commission may establish or ratify a process pursuant to which the owners of property may petition or provide direction to the Commission relative to the creation of an Assessed Area to fund Local Improvements and Related Services. Notwithstanding any such process established or ratified pursuant to this Ordinance, the City Commission shall retain the authority to create Assessed Areas without a landowner petition non-binding ballot. 12 445 ARTICLE III LOCAL IMPROVEMENT ASSESSMENTS SECTION 3.01. AUTHORITY. The City Commission is hereby authorized to impose Local Improvement Assessments against property located within an Assessed Area to fund the Project Cost of Local Improvements. The Assessment shall be computed in a manner that fairly and reasonably apportions the Project Cost among the parcels of property within the Assessed Area, based upon objectively determinable Assessment Units. SECTION 3.02.INITIAL LOCAL IMPROVEMENT ASSESSMENT RESOLUTION. The initial proceeding for defining an Assessed Area and imposition of a Local Improvement Assessment shall be the City Commission's adoption of an Initial Local Improvement Assessment Resolution. The Initial Local Improvement Assessment Resolution shall (A) describe the property to be located within the proposed Assessed Area; (8) describe the Local Improvement proposed for funding from proceeds of the Local Improvement Assessments; (C) estimate the Capital Cost and Project Cost; (0) describe with particularity the proposed method of apportioning the Capital Cost and Project Cost among the parcels of property located within the proposed Assessed Area, such that the owner of any parcel of property can objectively determine the number of Assessment Units and the amount of the Assessment; (E) describe the provisions, if any, for acceleration and prepayment of the Assessment; (F) describe the provisions, if any, for reallocating the Assessment upon future subdivision; and (G) include specific legislative findings that recognize the fairness provided by the apportionment methodology. 13 446 SECTION 3.03. LOCAL IMPROVEMENT ASSESSMENT ROLL. A) The City Clerk shall prepare a preliminary Local Improvement Assessment Roll that contains the following information: 1) a summary description of each parcel of property (conforming to the description contained on the Tax Roll) subject to the Local Improvement Assessment; 2) the name of the owner of record of each parcel, as shown on the Tax Roll; 3) the number of Assessment Units attributable to each parcel; 4) the estimated maximum annual Local Improvement Assessment to become due in any Fiscal Year for each Assessment Unit; and 5) the estimated maximum annual Local Improvement Assessment to become due in any Fiscal Year for each parcel. B) Copies of the Initial Local Improvement Assessment Resolution and the preliminary Local Improvement Assessment Roll shall be on file in the office of the City Clerk and open to public inspection. The foregoing shall not be construed to require that the Local Improvement Assessment Roll be in printed form if the amount of the Local Improvement Assessment for each parcel of property can be determined by use of a computer terminal available to the public. SECTION 3.04. NOTICE BY PUBLICATION. After filing the Local Improvement Assessment Roll in the office of the City Clerk, as required by Section 3.03(8) hereof, the 14 447 City Clerk shall publish once in a newspaper of general circulation within the City a notice stating that at a public hearing of the City Commission will be held on a certain day and hour, not earlier than 20 calendar days from such publication, at which hearing the City Commission will receive written comments and hear testimony from all interested persons regarding definition of the Assessed Area and adoption of the Final Local Improvement Assessment Resolution. The published notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. SECTION 3.05. NOTICE BY MAIL. In addition to the published notice required by Section 3.04, the City Clerk shall provide notice of the proposed Local Improvement Assessment by first class mail to the owner of each parcel of property subject to the Assessment. The mailed notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. Notice shall be mailed at least 20 calendar days prior to the hearing to each property owner at such address as is shown on the Tax Roll on the twentieth calendar day prior to the date of mailing. Notice shall be deemed mailed upon delivery thereof to the possession of the U.S. Postal Service. The City Clerk may provide proof of such notice by affidavit. Failure of the owner to receive such notice due to mistake or inadvertence shall not affect the validity of the Local Improvement Assessment Roll nor release or discharge any obligation for the payment of a Local Improvement Assessment imposed by the City Commission pursuant to this Ordinance. SECTION 3.06.ADOPTION OF FINAL LOCAL IMPROVEMENT ASSESSMENT RESOLUTION. At the time named in such notice, or such time to which an adjournment or continuance may be taken, the City Commission shall receive written 15 448 objections and hear testimony of interested persons and may then, or at any subsequent meeting of the City Commission, adopt the Final Local Improvement Assessment Resolution which shall (A) define the Assessed Area; (8) confirm, modify or repeal the Initial Local Improvement Assessment Resolution with such amendments, if any, as may be deemed appropriate by the City Commission; (C) establish the maximum amount of the Local Improvement Assessment for each Assessment Unit; (D) approve the Local Improvement Assessment Roll, with such amendments as it deems just and right; and (E) determine the method of collection. Following adoption of the Final Local Improvement Assessment Resolution but prior to the date on which the Local Improvement Assessment Roll is certified for collection pursuant to Article V hereof, the City Commission may obtain a written legal opinion that the Local Improvement Assessments have been validly imposed from the Office of the City Attorney, an attorney-at-law or firm of attorneys of recognized standing in matters pertaining to local government law; provided however, that the failure to obtain such opinion shall not invalidate the Local Improvement Assessments or affect the factual findings made by the City Commission in connection therewith. SECTION 3.07.ANNUAL LOCAL IMPROVEMENT ASSESSMENT RESOLUTION. During its budget adoption process, the City Commission shall adopt an Annual Local Improvement Assessment Resolution for each Fiscal Year in which Local Improvement Assessments will be imposed to approve the Local Improvement Assessment Roll for such Fiscal Year. The Final Local Improvement Assessment Resolution shall constitute the Annual Local Improvement Assessment Resolution for the initial Fiscal Year. The Local Improvement Assessment Roll shall be prepared in accordance with the Initial 16 449 Local Improvement Assessment Resolution, as confirmed or amended by the Final Local Improvement Assessment Resolution. If the proposed Local Improvement Assessment for any parcel of property exceeds the maximum amount established in the notice provided pursuant to Section 3.05 hereof or if a Local Improvement Assessment is imposed against property not previously subject thereto, the City Commission shall provide notice to the owner of such property in accordance with Sections 3.04 and 3.05 hereof and conduct a public hearing prior to adoption of the Annual Local Improvement Assessment Resolution. Failure to adopt an Annual Local Improvement Assessment Resolution during the budget adoption process for a Fiscal Year may be cured at any time. SECTION 3.08.EFFECT OF LOCAL IMPROVEMENT ASSESSMENT RESOLUTIONS. The adoption of the Final Local Improvement Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to, the apportionment methodology, the rate of assessment, the adoption of the Local Improvement Assessment Roll and the levy and lien of the Local Improvement Assessments), unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission adoption of the Final Local Improvement Assessment Resolution. The Local Improvement Assessments for each Fiscal Year shall be established upon adoption of the Annual Local Improvement Assessment Resolution. The Local Improvement Assessment Roll, as approved by the Annual Local Improvement Assessment Resolution, shall be certified to the Tax Collector, or such other official as the City Commission by resolution deems appropriate. SECTION 3.09.LIEN OF ASSESSMENTS. 17 450 A) Upon adoption of the Annual Local Improvement Assessment Resolution for each Fiscal Year, Local Improvement Assessments to be collected under the Uniform Assessment Collection Act shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The lien shall be deemed perfected upon adoption by the City Commission of the Annual Local Improvement Assessment Resolution and shall attach to the property included on the Local Improvement Assessment Roll as of the prior January 1, the lien date for ad valorem taxes. 8) Upon adoption of the Final Local Improvement Assessment Resolution, Local Improvement Assessments to be collected under any alternative method of collection provided in Section 5.02 hereof shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non- ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The lien shall be deemed perfected on the date notice thereof is recorded in the Official Records of Seminole County, Florida. SECTION 3.10.REVISIONS TO LOCAL IMPROVEMENT ASSESSMENTS. If any Local Improvement Assessment made under the provisions of this Ordinance is either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the City Commission is satisfied that any such Local Improvement Assessment is so irregular or defective that the same cannot be enforced or collected, or if the City Commission has failed to include any property on the Local Improvement Assessment Roll 18 451 which property should have been so included, the City Commission may take all necessary steps to impose a new Local Improvement Assessment against any property benefitted by the Local Improvement, fol/owing as nearly as may be practicable, the provisions of this Ordinance and in case such second Local Improvement Assessment is annulled, the City Commission may obtain and impose other Local Improvement Assessments until a valid Local Improvement Assessment is imposed. SECTION 3.11.PROCEDURAL IRREGULARITIES. Any irregularity in the proceedings in connection with the levy of any Local Improvement Assessment under the provisions of this Ordinance shall not affect the validity of the same after the approval thereof, and any Local Improvement Assessment as finally approved shall be competent and sufficient evidence that such Local Improvement Assessment was duly levied, that the Local Improvement Assessment was duly made and adopted, and that aI/ other proceedings adequate to such Local Improvement Assessment were duly had, taken and performed as required by this Ordinance; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. Notwithstanding the provisions of this Section, any party objecting to a Local Improvement Assessment imposed pursuant to this Ordinance must file an objection with a court of competent jurisdiction within the time periods prescribed herein. SECTION 3.12. CORRECTION OF ERRORS AND OMISSIONS. A) No act of error or omission on the part of the City Commission, City Manager, Property Appraiser, Tax Col/ector, City Clerk, or their respective deputies or employees, 19 452 shall operate to release or discharge any obligation for payment of any Local Improvement Assessment imposed by the City Commission under the provisions of this Ordinance. 8) The number of Assessment Units attributed to a parcel of property may be corrected at any time by the City Manager. Any such correction which reduces a Local Improvement Assessment shall be considered valid from the date on which the Local Improvement Assessment was imposed and shall in no way affect the enforcement of the Local Improvement Assessment imposed under the provisions of this Ordinance. Any such correction which increases a Local Improvement Assessment or imposes a Local Improvement Assessment on omitted property shall first require notice to the affected owner in the manner described in Section 3.05 hereof, providing the date, time and place that the City Commission will consider confirming the correction and offering the owner an opportunity to be heard. C) After the Local Improvement Assessment Roll has been delivered to the Tax Collector in accordance with the Uniform Assessment Collection Act, any changes, modifications or corrections thereto shall be made in accordance with the procedures applicable to errors and insolvencies for ad valorem taxes. 20 453 SECTION 4.01. ARTICLE IV RELATED SERVICE ASSESSMENTS AUTHORITY. The City Commission is hereby authorized to impose Related Service Assessments against property located within an Assessed Area to fund the Operating Cost of Related Services. The Assessment shall be computed in a manner that fairly and reasonably apportions the Operating Cost among the parcels of property within the Assessed Area, based upon objectively determinable Assessment Units. SECTION 4.02.INITIAL RELATED SERVICE ASSESSMENT RESOLUTION. The initial proceeding for defining an Assessed Area and imposition of a Related Service Assessment shall be the City Commission's adoption of an Initial Related Service Assessment Resolution. The Initial Related Service Assessment Resolution shall (A) describe the property to be located within the proposed Assessed Area; (B) describe the Related Service proposed for funding from proceeds of the Related Service Assessments; C) estimate the Operating Cost; (0) describe with particularity the proposed method of apportioning the Operating Cost among the parcels of property located within the proposed Assessed Area, such that the owner of any parcel of property can objectively determine the number of Assessment Units and the amount of the Assessment; (E) describe the provisions, if any, for acceleration and prepayment of the Assessment; (G) describe the provisions, if any, for reallocating the Assessment upon future subdivision; and (H) include specific legislative findings that recognize the fairness provided by the apportionment methodology. 21 454 SECTION 4.03.RELATED SERVICE ASSESSMENT ROLL. A) The City Clerk shall prepare a preliminary Related Service Assessment Roll that contains the following information: 1) a summary description of each parcel of property (conforming to the description contained on the Tax Roll) subject to the Related Service Assessment; 2) the name of the owner of record of each parcel, as shown on the Tax Roll; 3) the number of Assessment Units attributable to each parcel; 4) the estimated maximum annual Related Service Assessment to become due in any Fiscal Year for each Assessment Unit; and 5) the estimated maximum annual Related Service Assessment to become due in any Fiscal Year for each parcel. 8) Copies of the Initial Related Service Assessment Resolution and the preliminary Related Service Assessment Roll shall be on file in the office of the City Clerk and open to public inspection. The foregoing shall not be construed to require that the Related Service Assessment Roll be in printed form if the amount of the Related Service Assessment for each parcel of property can be determined by use of a computer terminal available to the public. SECTION 4.04. NOTICE BY PUBLICATION. After filing the Related Service Assessment Roll in the office of the City Clerk, as required by Section 4.03(8) hereof, the City Clerk shall publish once in a newspaper of general circulation within the City a notice 22 455 stating that at a public hearing of the City Commission will be held on a certain day and hour, not earlier than 20 calendar days from such publication, at which hearing the City Commission will receive written comments and hear testimony from all interested persons regarding definition of the Assessed Area and adoption of the Final Related Service Assessment Resolution. The published notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. SECTION 4.05. NOTICE BY MAIL. In addition to the published notice required by Section 4.04, the City Clerk shall provide notice of the proposed Related Service Assessment by first class mail to the owner of each parcel of property subject to the Assessment. The mailed notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. Notice shall be mailed at least 20 calendar days prior to the hearing to each property owner at such address as is shown on the Tax Roll on the twentieth calendar day prior to the date of mailing. Notice shall be deemed mailed upon delivery thereof to the possession of the U.S. Postal Service. The City Clerk may provide proof of such notice by affidavit. Failure of the owner to receive such notice due to mistake or inadvertence shall not affect the validity of the Related Service Assessment Roll nor release or discharge any obligation for the payment of a Related Service Assessment imposed by the City Commission pursuant to this Ordinance. SECTION 4.06.ADOPTION OF FINAL RELATED SERVICE ASSESSMENT RESOLUTION. At the time named in such notice, or such time to which an adjournment or continuance may be taken, the City Commission shall receive written objections and hear testimony of interested persons and may then, or at any subsequent meeting of the 23 456 City Commission, adopt the Final Related Service Assessment Resolution which shall (A) define the Assessed Area; (B) confirm, modify or repeal the Initial Related Service Assessment Resolution with such amendments, if any, as may be deemed appropriate by the City Commission; (C) establish the maximum amount of the Related Service Assessment for each Assessment Unit; (0) approve the Related Service Assessment Roll, with such amendments as it deems just and right; and (E) determine the method of collection. Following adoption of the Final Related Service Assessment Resolution but prior to the date on which the Related Service Assessment Roll is certified for collection pursuant to Article V hereof, the City Commission may obtain a written legal opinion that the Related Service Assessments have been validly imposed from the Office of the City Attorney, an attorney-at-law or firm of attorneys of recognized standing in matters pertaining to local government law; provided however, that the failure to obtain such opinion shall not invalidate the Related Service Assessments or affect the factual findings made by the City Commission in connection therewith. SECTION 4.07.ANNUAL RELATED SERVICE ASSESSMENT RESOLUTION. During its budget adoption process, the City Commission shall adopt an Annual Related Service Assessment Resolution for each Fiscal Year in which Related Service Assessments will be imposed to approve the Related Service Assessment Roll for such Fiscal Year. The Final Related Service Assessment Resolution shall constitute the Annual Related Service Assessment Resolution for the initial Fiscal Year. The Related Service Assessment Roll shall be prepared in accordance with the Initial Related Service Assessment Resolution, as confirmed or amended by the Final Related Service 24 457 Assessment Resolution. If the proposed Related Service Assessment for any parcel of property exceeds the maximum amount established in the notice provided pursuant to Section 4.05 hereof or if a Related Service Assessment is imposed against property not previously subject thereto, the City Commission shall provide notice to the owner of such property in accordance with Sections 4.04 and 4.05 hereof and conduct a public hearing prior to adoption of the Annual Related Service Assessment Resolution. Failure to adopt an Annual Related Service Assessment Resolution during the budget adoption process for a Fiscal Year may be cured at any time. SECTION 4.08.EFFECT OF RELATED SERVICE ASSESSMENT RESOLUTIONS. The adoption of the Final Related Service Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to, the apportionment methodology, the rate of assessment, the adoption of the Related Service Assessment Roll and the levy and lien of the Related Service Assessments), unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission adoption of the Final Related Service Assessment Resolution. The Related Service Assessments for each Fiscal Year shall be established upon adoption of the Annual Related Service Assessment Resolution. The Related Service Assessment Roll, as approved by the Annual Related Service Assessment Resolution, shall be certified to the Tax Collector, or such other official as the City Commission by resolution deems appropriate. SECTION 4.09.LIEN OF ASSESSMENTS. 25 458 A) Upon adoption of the Annual Related Service Assessment Resolution for each Fiscal Year, Related Service Assessments to be collected under the Uniform Assessment Collection Act shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The lien shall be deemed perfected upon adoption by the City Commission of the Annual Related Service Assessment Resolution and shall attach to the property included on the Related Service Assessment Roll as of the prior January 1, the lien date for ad valorem taxes. 8) Upon adoption of the Final Related Service Assessment Resolution, Related Service Assessments to be collected under any alternative method of collection provided in Section 5.02 hereof shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The lien shall be deemed perfected on the date notice thereof is recorded in the Official Records of Seminole County, Florida. SECTION 4.10. REVISIONS TO RELATED SERVICE ASSESSMENTS. If any Related Service Assessment made under the provisions of this Ordinance is either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the City Commission is satisfied that any such Related Service Assessment is so irregular or defective that the same cannot be enforced or collected, or if the City Commission has failed to include any property on the Related Service Assessment Roll which property 26 459 should have been so included, the City Commission may take all necessary steps to impose a new Related Service Assessment against any property benefitted by the Related Service, following as nearly as may be practicable, the provisions of this Ordinance and in case such second Related Service Assessment is annulled, the City Commission may obtain and impose other Related Service Assessments until a valid Related Service Assessment is imposed. SECTION 4.11.PROCEDURAL IRREGULARITIES. Any irregularity in the proceedings in connection with the levy of any Related Service Assessment under the provisions of this Ordinance shall not affect the validity of the same after the approval thereof, and any Related Service Assessment as finally approved shall be competent and sufficient evidence that such Related Service Assessment was duly levied, that the Related Service Assessment was duly made and adopted, and that all other proceedings adequate to such Related Service Assessment were duly had, taken and performed as required by this Ordinance; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. Notwithstanding the provisions of this Section, any party objecting to a Related Service Assessment imposed pursuant to this Ordinance must file an objection with a court of competent jurisdiction within the time periods prescribed herein. SECTION 4.12. CORRECTION OF ERRORS AND OMISSIONS. A) No act of error or omission on the part of the City Commission, City Manager, Property Appraiser, Tax Collector, City Clerk, or their respective deputies or employees, 27 460 shall operate to release or discharge any obligation for payment of any Related Service Assessment imposed by the City Commission under the provisions of this Ordinance. 8) The number of Assessment Units attributed to a parcel of property may be corrected at any time by the City Manager. Any such correction which reduces a Related Service Assessment shall be considered valid from the date on which the Related Service Assessment was imposed and shall in no way affect the enforcement of the Related Service Assessment imposed under the provisions of this Ordinance. Any such correction which increases a Related Service Assessment or imposes a Related Service Assessment on omitted property shall first require notice to the affected owner in the manner described in Section 4.05 hereof, providing the date, time and place that the City Commission will consider confirming the correction and offering the owner an opportunity to be heard. C) After the Related Service Assessment Roll has been delivered to the Tax Collector in accordance with the Uniform Assessment Collection Act, any changes, modifications or corrections thereto shall be made in accordance with the procedures applicable to errors and insolvencies for ad valorem taxes. 28 461 SECTION 5.01. ARTICLE V COLLECTION OF ASSESSMENTS METHOD OF COLLECTION. Unless directed otherwise by the City Commission, Assessments (other than Assessments imposed against Government Property) shall be collected pursuant to the Uniform Assessment Collection Act, and the City shall comply with all applicable provisions thereof. The Resolution of Intent required by the Uniform Assessment Collection Act may be adopted either prior to or following the Initial Local Improvement Assessment Resolution or Initial Related Service Assessment Resolution; provided however, that the Resolution of Intent must be adopted prior to January 1 (or March 1 with consent of the Property Appraiser and Tax Collector) of the year in which the Assessments are first collected on the ad valorem tax bill. Any hearing or notice required by this Ordinance may be combined with any other hearing or notice required by the Uniform Assessment Collection Act. SECTION 5.02.ALTERNATIVE METHOD OF COLLECTION. In lieu of using the Uniform Assessment Collection Act, the City may elect to collect the Assessment by any other method which is authorized by law or provided by this Section as follows: A) The City shall provide Assessment bills by first class mail to the owner of each affected parcel of property, other than Government Property. The bill or accompanying explanatory material shall include (1 ) a brief explanation of the Assessment, 2) a description of the Assessment Units used to determine the amount of the Assessment, (3) the number of Assessment Units attributable to the parcel, (4) the total amount of the parcel's Assessment for the appropriate period, (5) the location at which 29 M 462 payment will be accepted, (6) the date on which the Assessment is due, and (7) a statement that the Assessment constitutes a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. 8) A general notice of the lien resulting from imposition of the Assessments shall be recorded in the Official Records of Seminole County, Florida. Nothing herein shall be construed to require that individual liens or releases be filed in the Official Records. C) The City shall have the right to appoint or retain an agent to foreclose and collect all delinquent Assessments in the manner provided by law. An Assessment shall become delinquent if it is not paid within 30 days from the due date. The City or its agent shall notify any property owner who is delinquent in payment of an Assessment within 60 days from the date such Assessment was due. Such notice shall state in effect that the City or its agent will initiate a foreclosure action and cause the foreclosure of such property subject to a delinquent Assessment in a method now or hereafter provided by law for foreclosure of mortgages on real estate, or otherwise as provided by law. 0) All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to any foreclosure action as described herein shall be included in any judgment or decree rendered therein. At the sale pursuant to decree in any such action, the City may be the purchaser to the same extent as an individual person or corporation. The City may join in one foreclosure action the collection of Assessments against any or all property assessed in accordance with the provisions hereof. All delinquent property owners whose property is foreclosed shall be liable for an apportioned 30 463 amount of reasonable costs and expenses incurred by the City and its agents, including reasonable attorney fees, in collection of such delinquent Assessments and any other costs incurred by the City as a result of such delinquent Assessments including, but not limited to, costs paid for draws on a credit facility and the same shall be collectible as a part of or in addition to, the costs of the action. E) In lieu of foreclosure, any delinquent Assessment and the costs, fees and expenses attributable thereto, may be collected pursuant to the Uniform Assessment Collection Act; provided however, that (1) notice is provided to the owner in the manner required by law and this Ordinance, and (2) any existing lien of record on the affected parcel for the delinquent Assessment is supplanted by the lien resulting from certification of the Local Improvement Assessment Roll or the Related Service Assessment Roll to the Tax Collector. SECTION 5.03.RESPONSIBILITY FOR ENFORCEMENT. The City and its agent, if any, shall maintain the duty to enforce the prompt collection of Assessments by the means provided herein. The duties related to collection of Assessments may be enforced at the suit of any holder of Obligations in a court of competent jurisdiction by mandamus or other appropriate proceedings or actions. SECTION 5.04. GOVERNMENT PROPERTY. A) If Assessments are imposed against Government Property, the City shall provide Assessment bills by first class mail to the owner of each affected parcel of Government Property. The bill or accompanying explanatory material shall include (1 ) a brief explanation of the Assessment, (2) a description of the Assessment Units used to 31 464 determine the amount of the Assessment, (3) the number of Assessment Units attributable to the parcel, (4) the total amount of the parcel's Assessment for the appropriate period, 5) the location at which payment will be accepted, and (6) the date on which the Assessment is due. 8) Assessments imposed against Governmental Property shall be due on the same date as Assessments against other property within the Assessed Area and, if applicable, shall be subject to the same discounts for early payment. C) An Assessment shall become delinquent if it is not paid within 30 days from the due date. The City shall notify the owner of any Government Property that is delinquent in payment of its Assessment within 60 days from the date such Assessment was due. Such notice shall state in effect that the City will initiate a mandamus or other appropriate judicial action to compel payment. 0) All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to any mandamus or other action as described herein shall be included in any judgment or decree rendered therein. All delinquent owners of Government Property against which a mandamus or other appropriate action is filed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the City, including reasonable attorney fees, in collection of such delinquent Assessments and any other costs incurred by the City as a result of such delinquent Assessments including, but not limited to, costs paid for draws on a credit facility and the same shall be collectible as a part of or in addition to, the costs of the action. 32 465 E) As an alternative to the foregoing, an Assessment imposed against Government Property may be collected on the bill for any utility service provided to such Governmental Property. The City Commission may contract for such billing services with any utility provider. 33 466 ARTICLE VI ISSUANCE OF OBLIGATIONS SECTION 6.01. GENERAL AUTHORITY. A) Upon adoption of the Final Loca/lmprovement Assessment Resolution or Final Related Service Assessment Resolution imposing Assessments to fund, respectively, a Local Improvement or a Related Service, or at any time thereafter, the City Commission shall have the power and is hereby authorized to provide by resolution, at one time or from time to time in series, for the issuance of Obligations to fund the Project Cost or Operating Cost thereof. 8) The principal of and interest on each series of Obligations shall be payable from Pledged Revenue. At the option of the City Commission, the City may agree, by resolution, to budget and appropriate funds to make up any deficiency in the reserve account established for the Obligations or in the payment of the Obligations, from other non-ad valorem revenue sources. The City Commission may also provide, by resolution, for a pledge of or lien upon proceeds of such non-ad valorem revenue sources for the benefit of the holders of the Obligations. Any such resolution shall determine the nature and extent of any pledge of or lien upon proceeds of such non-ad valorem revenue sources. SECTION 6.02.TERMS OF THE OBLIGATIONS. The Obligations shall be dated, shall bear interest at such rate or rates, shall mature at such times as may be determined by resolution of the City Commission, and may be made redeemable before maturity, at the option of the City, at such price or prices and under such terms and 34 467 conditions, all as may be fixed by the City Commission. Said Obligations shall mature not later than 40 years after their issuance. The City Commission shall determine by resolution the form of the Obligations, the manner of executing such Obligations, and shall fix the denominations of such Obligations, the place or places of payment of the principal and interest, which may be at any bank or trust company within or outside of the State of Florida, and such other terms and provisions of the Obligations as it deems appropriate. The Obligations may be sold at public or private sale for such price or prices as the City Commission shall determine by resolution. The Obligations may be delivered to any contractor to pay for construction of the Local Improvements or may be sold in such manner and for such price as the City Commission may determine by resolution to be for the best interests of the City. SECTION 6.03. VARIABLE RATE OBLIGATIONS. At the option of the City Commission, Obligations may bear interest at a variable rate. SECTION 6.04. TEMPORARY OBLIGATIONS. Prior to the preparation of definitive Obligations of any series, the City Commission may, under like restrictions, issue interim receipts, interim certificates, or temporary Obligations, exchangeable for definitive Obligations when such Obligations have been executed and are available for delivery. The City Commission may also provide for the replacement of any Obligations which shall become mutilated, destroyed or lost. Obligations may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required by this Ordinance. 35 468 SECTION 6.05. ANTICIPA TION NOTES. In anticipation of the sale of Obligations, the City Commission may, by resolution, issue notes and may renew the same from time to time. Such notes may be paid from the proceeds of the Obligations, the proceeds of the Assessments, the proceeds of the notes and such other legally available moneys as the City Commission deems appropriate by resolution. Said notes shall mature within five years of their issuance and shall bear interest at a rate not exceeding the maximum rate provided by law. The City Commission may issue Obligations or renewal notes to repay the notes. The notes shall be issued in the same manner as the Obligations. SECTION 6.06. TAXING POWER NOT PLEDGED. Obligations issued under the provisions of this Ordinance shall not be deemed to constitute a general obligation or pledge of the full faith and credit of the City within the meaning of the Constitution of the State of Florida, but such Obligations shall be payable only from Pledged Revenue in the manner provided herein and by the resolution authorizing the Obligations. The issuance of Obligations under the provisions of this Ordinance shall not directly or indirectly obligate the City to levy or to pledge any form of ad valorem taxation whatever therefor. No holder of any such Obligations shall ever have the right to compel any exercise of the ad valorem taxing power on the part of the City to pay any such Obligations or the interest thereon or to enforce payment of such Obligations or the interest thereon against any property of the City, nor shall such Obligations constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the Pledged Revenue. 36 469 SECTION 6.07. TRUST FUNDS. The Pledged Revenue received pursuant to the authority of this Ordinance shall be deemed to be trust funds, to be held and applied solely as provided in this Ordinance and in the resolution authorizing issuance of the Obligations. Such Pledged Revenue may be invested by the City, or its designee, in the manner provided by the resolution authorizing issuance of the Obligations. The Pledged Revenue upon receipt thereof by the City shall be subject to the lien and pledge of the holders of any Obligations or any entity other than the City providing credit enhancement on the Obligations. SECTION 6.08.REMEDIES OF HOLDERS. Any holder of Obligations, except to the extent the rights herein given may be restricted by the resolution authorizing issuance of the Obligations, may, whether at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Florida or granted hereunder or under such resolution, and may enforce and compel the performance of all duties required by this part, or by such resolution, to be performed by the City. SECTION 6.09. REFUNDING OBLIGATIONS. The City may, by resolution of the City Commission, issue Obligations to refund any Obligations issued pursuant to this Ordinance, or any other obligations of the City theretofore issued to finance the Project Cost of a Local Improvement, or the Operating Cost of a Related Service, and provide for the rights of the holders hereof. Such refunding Obligations may be issued in an amount sufficient to provide for the payment of the principal of, redemption premium, if any, and interest on the outstanding Obligations to be refunded. If the issuance of such refunding 37 470 Obligations results in an annual Assessment that exceeds the estimated maximum annual Assessments set forth in the notice provided pursuant to Section 3.05 or Section 4.05 hereof, the City Commission shall provide notice to the affected property owners and conduct a public hearing in the manner required by Article III or IV of this Ordinance. 38 471 SECTION 7.01. ARTICLE VII GENERAL PROVISIONS ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the imposition and collection of Assessments and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. SECTION 7.02. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 7.03. EFFECTIVE DATE. A certified copy of this Ordinance shall be filed in the Department of State by the City Clerk within ten (10) days after enactment by the City Commission and shall take effect when official acknowledgment has been received from that office that the same has been filed. 39 472 PASSED ON FIRST READING BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA THIS 13TH DAY OF JULY, 1998. PASSED AND ADOPTED ON SECOND READING BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA THIS 27TH DAY OF JUL Y, 1998. SEAL) ATTEST: Paul P. Partyka Mayor 4~ Margo opkins City Clerk APPROVED AS TO FORM: FrankC. ruppenbacher City Attorney 40 473 ORDINANCE NO. 2010 -07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CREATING THE PARKS AND RECREATION ADVISORY COMMITTEE; ESTABLISHING PURPOSE AND DUTIES; 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 adopted the Evaluation and Appraisal Report Amendments to the Comprehensive Plan on September 28, 2009; and WHEREAS, Recreation and Open Space Element Policy 1.1.2 directs the establishment of a Parks and Recreation Advisory Committee; and WHEREAS, a Parks and Recreation Advisory Committee is needed to advise in the planning and implementation of city parks and recreation programs; 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. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Chapter 2, is hereby amended to create new sections 2 -45 and 2 -46 as follows (underlined type indicates textual additions to the City Code): Sec. 2 -45. Creation; composition; appointment of members. a) Pursuant to Recreation and Open Space Element Policy 1.1.2 of the city's comprehensive plan, the City hereby creates a Parks and Recreation Advisory Committee. b) The Committee shall have nine (9) members and membership on the Committee shall be in accordance with the terms of Section 2 -42 of this code except as expressly provided in this Section. The membership of the Committee shall, whenever possible, include the following:. a an active member of the Winter Springs Senior Association; WI an active member of a youth sports organization or program; City of Winter Springs Ordinance No. 2010 -07 Page 1 of 3 474 iii) an individual who is active in planning or assisting with special events of the City; iv) an individual who is active in an adult sports organization or program; v) an individual who uses or accompanies children in the use of City playgrounds; vi) an active member of a conservation group or agency, or an individual with experience in the use of parks for public purposes; viii an individual who participates in or supervises children who participate in the City's summer program(s), civic center program(s), camp(s) or other similar program(s). viii) an individual who is active in fundraising efforts; ix) an individual with general interest in Parks and Recreation. c) Appointees to the Committee shall have knowledge and experience or interest in the planning and implementation of city parks and recreational facilities, as determined by application. No person shall be appointed with private or personal interests likely to conflict with the general public interest. d) The Committee shall conduct four (4) quarterly regular meetings each year and may conduct additional special meetings as may be necessary to properly perform its duties and functions. e) The Committee shall establish rules and or bylaws to govern the manner in which its meetings and affairs are conducted, provided that such rules and procedures are not inconsistent with federal and state law, the city code or direction of the city commission. f) The Parks and Recreation Advisory Committee shall be subject to the Florida Public Records Act and the Sunshine Law. Sec. 2 -46. Purpose and duties. a) The purpose of the Parks and Recreation Advisory Committee is to promote park and recreation programs of the city and to recommend to the Parks and Recreation Director, as well as other city staff and the city commission as needed, policies and actions to promote, plan, design, construct and utilize city parks and related special events, fundraising and recreation programs. The Committee shall perform the following duties: 1) Advise and assist the Parks and Recreation Director, as well as other city staff and the city commission as needed, in matters involving or affecting city parks and recreation; 2) Keep the Parks and Recreation Director, as well as other city staff and the city commission as needed, informed of the status and progress of recreational and parks services, plans, special events, fundraisers and activities; 3) Advise and make recommendations to the Parks and Recreation Director, as well as other city staff and the city commission as needed, regarding the promotion of citizen participation in recreation and park programs and distribution of information about leisure activities offered by the city; and City of Winter Springs Ordinance No. 2010 -07 Page 2 of 3 475 4) Assist the Parks and Recreation Director, as well as other city staff and the city commission as needed, in the implementation of the goals, objectives and policies of the Recreation and Open Space Element of the city's comprehensive plan. 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 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 23` day of August, 2010. J01 F. : USH, ayor A TES( ANDR rA ORENZO - LUACES, City Clerk Appr A as to legal form and sufficiency for odi the ffilrf f inter Spri • ly: de ANTHONY A. GARGANESE, City Attorney First Reading:April 12, 2010 Second Reading:August 23, 2010 Effective Date:August 23, 2010 City of Winter Springs Ordinance No. 2010 -07 Page 3 of 3 476 RESOLUTION NO. 2020-22 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING THE CITY OF WINTER SPRINGS VETERAN AND VETERAN FAMILY ADVISORY COMMITTEE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; 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 desires to encourage and facilitate the involvement of veterans and their families in the Winter Springs community and city events and,therefore,desires to create an ad-hoc City of Winter Springs Veteran and Veteran Family Advisory Committee to obtain input in matters of special interest to veterans and to encourage meaningful veteran participation in city events;and WHEREAS,the City Commission of the City of Winter Springs fords 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. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by this reference. Section 2. Creation of the Winter Springs Veteran and Veteran Family Advisory Committee. The City Commission hereby creates an ad-hoc Winter Springs Veteran and Veteran Family Advisory Committee to advise and make appropriate recommendations to the City Commission regarding matters affecting local veterans and their families and, specifically,ways to encourage meaningful veteran participation in city events, such as the Celebration of Freedom, Veteran's Day Tribute,Winter Wonderland,and Hometown Harvest. The Winter Springs Veteran and Veteran Family Advisory Committee shall be an advisory committee only and shall not have any final decision making authority. Section 3. Composition of the Winter Springs Veteran and Veteran Family Advisory Committee. The Winter Springs Veteran and Veteran Family Advisory Committee shall consist of no more than seven(7)and no fewer than five(5)members,who shall be residents of the City as defined in Section 2-41 of the City Code. In addition,each member must be either(1)a veteran of the U.S. military who was discharged or released therefrom under conditions other than City of Winter Springs Resolution No.2020-22 Page 1 of 3 477 dishonorable; (2)an immediate family member of a veteran or deceased veteran; or(3)an officer or leader of a veteran organization based in Winter Springs. Section 4. Appointment and Term of Members. Appointment of members, term length, vacancies,and removal of members of the Winter Springs Veteran and Veteran Family Advisory Committee shall be governed by Section 24lof the City Code. No alternates shall be appointed. Prior to appointment, each applicant shall be required to complete an application as prescribed by the City Commission or City Manager. Upon appointment, each member of the Winter Springs Veteran and Veteran Family Advisory Committee shall serve at the pleasure of the City Commission and may be summarily removed at any time with and without cause. Each member of the Winter Springs Veteran and Veteran Family Advisory Committee shall serve without compensation. Section 5. Winter Springs Veteran and Veteran Family Advisory Committee Meetings. Meetings of the Winter Springs Veteran and Veteran Family Advisory Committee shall be duly- noticed, public meetings which shall be open to the public. The Winter Springs Veteran and Veteran Family Advisory Committee shall meet at least quarterly. Meetings shall be coordinated and scheduled through the City Manager or his or her designee so as not to conflict with other City meetings or overburden limited City resources. A portion of each meeting will be reserved for taking public input relevant to issues being considered during the meeting or matters of special interest to Winter Springs veterans. The agendas, minutes and a record of the proceedings and recommendations of the Winter Springs Veteran and Veteran Family Advisory Committee shall be kept and filed with the City Clerk in the same manner as those kept and filed for the City Commission. The first order of business for the Winter Springs Veteran and Veteran Family Advisory Committee shall be to elect a chairperson and deputy chairperson. The chairperson shall be responsible for running the meetings,which may be conducted informally. In the absence of the chairperson,the deputy chairperson shall run the meetings. A majority of the members of the Winter Springs Veteran and Veteran Family Advisory Committee shall constitute a quorum. The Winter Springs Veteran and Veteran Family Advisory Committee shall act by consensus to the extent possible, but if consensus cannot be reasonably reached, then the Committee may act by majority vote. However, the Winter Springs Veteran and Veteran Family Advisory Committee may reference and explain minority opinions/positions which obtained the vote of at least two(2) members of the Committee in any recommendation made to the City Commission. Section 6. Staff Resources. The Marketing and Events Manager,through the City Manager, shall serve as staff liaisons to the Winter Springs Veteran and Veteran Family Advisory Committee. The City Clerk's office shall provide administrative assistance to the Winter Springs Veteran and Veteran Family Advisory Committee and shall be responsible for noticing meetings, preparing minutes, and archiving public records. Section 7. 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 No.2020-22 Page 2 of 3 478 Section 8. 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 9. Effective date. This Resolution shall take effect upon adoption. DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs,Florida,this &4M day of August,2020. t SIIII ss yy.. vi WEV s..•.. { ' t' iATTEST: Y t CHRISTIAN GOWAN,Interim City Clerk U. Approved as to legal form and sufficiency for O ' the City inter Springs only: 4, kt1N4t ANTHONY M GARGANESE,City Attorney City of Winter Springs Resolution No.2020-22 Page 3 of 3 479