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HomeMy WebLinkAboutOrdinance 545 Services Assessment ORDINANCE NO. 545 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE MAINTENANCE OF CERTAIN LOCAL IMPROVEMENTS IN THE CITY; CREATING A MUNICIPAL SERVICES ASSESSMENT AND BENEFIT DISTRICT TO BE KNOWN AS THE CITY OF WINTER SPRINGS/COUNTRY CLUB VILLAGE STREETLIGHT MAINTENANCE DISTRICT; DEFINING THE TERRITORY INCLUDED WITHIN THE DISTRICT; DEFINING PURPOSE AND POWERS OF THE DISTRICT; PROVIDING FOR A GOVERNING BODY; PROVIDING FOR THE MANAGEMENT OF THE DISTRICT; PROVIDING THE LEVYING AND COLLECTION OF SPECIAL ASSESSMENTS; PROVIDING SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Article VIII, Section 2, Florida Constitution (1968), and Chapter 166, Florida Statutes (1991), as amended, the City of winter Springs, Florida (the "City"), has all powers of local self-government to perform municipal functions and to render municipal services in a manner not inconsistent with general or special law, and such power may be exercised by the enactment of City ordinances; and WHEREAS, it is necessary for the public health, safety and general welfare of the City and its citizens that provision be made for the improvement, operation, maintenance and repair of the street lighting with the Tuscawilla Country Club Village subdivision; and WHEREAS, the improvements described above would constitute a special benefit to the property subject to the special assessment as outlined in this ordinance; and WHEREAS, the benefits to the subject property would exceed the amount of the assessment; and WHEREAS, the benefits to the subject property would be in proportion to the assessments; and WHEREAS, the members of the Country Club Village of Tuscawilla Homeowners Association, Inc., have requested that the City establish this municipal services assessment and benefit district; and WHEREAS, Section 197.3632, Florida Statutes, provides a uniform method for the levy, collection and enforcement of non-ad valorem assessments; and WHEREAS, the City intends to use the uniform method provided for in section 197.3632, Florida Statutes for the levy, collection and enforcement of the assessments authorized hereby; NOW, THEREFORE, be it ordered by the City Commission of the City of Winter Springs, Florida: Section 1. District Created. There is hereby created, pursuant to the city's home rule powers, a municipal service assessment and benefit district within portions of the incorporated area of the city, as hereinafter defined, for the purpose of providing for the improvement, operation, maintenance and repair of the street lighting facilities in the areas defined herein, using revenues collected by special assessments within such district only. The special assessments within the district shall be apart from and in addition to any other municipal and county assessments and taxes. Nothing contained in this ordinance shall preclude property owners subject to the special assessment and benefit district herein created from obtaining the full range of the general services and benefits provided routinely by the City to all other property owners within the incorporated areas of the city. Section 2. Name. The name of the district to serve and especially benefit the area hereinafter described shall be TUSCAWILLA COUNTRY CLUB VILLAGE STREETLIGHT MAINTENANCE DISTRICT (the "District"). Section 3. Boundaries. The District shall initially include those lands within the incorporated area of the city of winter springs, Florida, described as Country Club village at Tuscawilla Subdivision, as more particularly described on the map attached hereto as Exhibit "A," and may be expanded to include other lands and territory in the City of Winter Springs as hereinafter provided. Section 4. Governinq Board. The city commission of the city of winter springs shall serve as the Governing Board of the District, and shall elect from its members a Chairman, a vice- Chairman, a Secretary and such other officers as it deems appropriate. Section 5. Purpose. The purpose of the District is to provide for the funds necessary to pay for the improvement, operation, maintenance and repair of the street lighting and related facilities in the District pursuant to a resolution approved by the Governing Board. The District will provide said services as determined by the Governing Board, subject to the availability of funds from special assessment collections. Section 6.Powers. The District shall have all powers authoized by law necessary, convenient or proper, to the accomplishment of its purpose, including but not limited to the following: -2- (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) To levy, collect and enforce non-ad valorem assessments pursuant to section 197.3632, Florida statutes, and Chapter 12D-18, F.A.C. To sue and be sued, implead and be impleaded, complain and defend in all courts in its own name. To make and execute contractual arrangements or other instruments necessary or convenient to the exercise of its power with any person, firm or corporation, for the improvement, maintenance and repair of the street lighting within the District, or for any other matter proper for the effectuation of the purposes of the District. To enter into interlocal agreements authorized by the provision of S163.01, Fla. Stat., for the purposes therein expressed. To adopt and use a seal and alter the same. To levy special assessments against the property within the District initially and thereafter annually as hereinafter provided. The special assessments shall be levied to provide revenues to cover administrative costs, maintenance, legal expenses, and capital expenditures necessary to the District. To enforce the collection of special assessments by foreclosure or other means authorized by law. To enter into contracts to provide for the billing and collection of assessments, the placing and recording of liens and the emploYment of attorneys to enforce collection of liens, and to provide such other legal or administrative services as the District may require. To contract or expand the boundaries of the territory to be maintained and to be affected by and subject to the special assessments. To merge with other districts. -3- (k) To adopt by-laws, rules and resolutions concerning the powers, duties and functions of officers of the District, the conduct of business of the District and the maintenance of District records. (1) To establish a budget initially and thereafter on a yearly basis, as hereinafter provided. (m) To provide for and establish an office for the maintenance of the District. Section 7. EXDenditure of Funds. The expenditure of funds for the District shall be controlled by the Governing Board. The city Manager shall keep separate records of all expenses incurred on behalf of the District and shall ensure all such expenses are paid by the District. Section 8. Special Benefit Assessments. Each lot, tract or parcel benefited by the maintenance provided by the District shall become subject to a special assessment or assessments proportionate to the benefits it receives, as determined by the Governing Board in its Assessment Regulation. Section 9. Procedure. The procedure for the levy, collection and enforcement of special assessments pursuant to this ordinance is, and shall be, consistent with the requirements of section 197.3632, Florida Statutes, and Chapter 12D-18, F.A.C. (a) Method of Proration. Special assessments against property deemed to be benefited by the improvement, operation, maintenance and repair of the street lighting facilities in the District shall be assessed against the property specially benefited on a per unit or per facility basis, or per parcel basis as determined in an Assessment Resolution approved by the Governing Board. Each lot, tract, parcel, facility or unit within the District is deemed to be specially benefited by the maintenance to be provided by the District by virtue of the resulting improvements in safety, security, utility, insurability, desirability and value of said properties. No exemption from assessment shall be authorized, including but not limited to homesteads, schools or educational, benevolent, fraternal, scientific institutions, religious, non-profit or charitable organizations, except that all municipal facilities shall be specifically exempted from assessment. -4- (b) (c) (d) (e) Agreements with Propertv Appraiser and Tax Collection. The Governing Board shall enter agreements with the Property Appraiser and the Tax Collector to provide for the efficient levy, collection and enforcement of the District's non ad valorem assessments in accordance with the requirements of Rule 120-18.004, F.A.C. Said agreements shall provide that the Property Appraiser supply the Governing Board by June 1 of each year, with the property and property owner information necessary for the District to create its Assessment Roll. Assessment Resolution and Assessment Roll. Between June 1 and september 15 of each year, and pursuant to the requirements of section 197.3632, Florida Statutes and Chapter 120-18, F.A.C., the Governing Board shall adopt an Assessment Resolution and an Assessment Roll at a duly advertised public hearing to assess each property and facility within the District for its proportionate share of the District's expenses based on the benefits it receives. The Assessment Resolution shall state the nature and the amount of the expense, the location of the properties and facilities to be maintained, the manner in which such assessments shall be made, the land upon which the special assessment shall be levied, and the unit of measure and the amount of each assessment. Certification of Assessment Roll. On or before September 15 of each year, the Chairman of the Governing Board shall certify the Assessment Roll to the Tax Collector on a compatible electronic medium tied to the property identification number. Alterations to the Assessment Roll may be made in accordance with the provisions of Rule 120-18.006, F.A.C. Special Assessments As Liens. Upon the failure of any property owner to pay his special assessments, or any part thereof, or any interest on a deferred paYment, the City Commission shall cause to be brought the necessary legal proceedings to enforce payment thereof, together with all accrued interest and penalties, all other costs -5- incurred, including a reasonable attorney's fee to be assessed as part of the costs. special assessments shall remain liens, co- equal with the liens of all state, county, district and municipal taxes, superior in dignity to all other liens, tile and claims until paid, in addition to being personal obligations of the property owners. Section 12. Referendum Not Reauired. No referendum or election in the City shall be required for the exercise of any of the provisions of this Ordinance, unless such referendum or election is required by the Constitution of the State of Florida. Section 13. Severability. If any clause, section or provision of this Ordinance shall be declared by a Court of competent jurisdiction to be invalid, the same shall be eliminated form this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. Section 14. Effective Date. This Ordinance shall become effective upon its adoption by the City commission. First Reading: April 26, 1993 Second Reading: May 24, 1993 PASSED AND ADOPTED this 24th day of May, A>D>, 1993. CITY OF WINTER SPRINGS, FLORIDA By: Mayor Attest: Mary t. Norton City Clerk Approved as to form and legality: City Attorney First Reading of Ordinance April 26, 1993 Posted April 28, 1993 Public Hearing and Second Reading May 24, 1993 -6- The Orlando Sentinel Published Daily ~58.80 ~tatt of jflortba } 5.5. COUNTY OF ORANGE .. "J1\,NITA ROSADO Before the undersigned authonty personally appeared" ' , who on oath says that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally newspaper published at CASSELBERRY in .s..E:.lI I N OL E County, Florida; thartlie attached copy of advertisement, being a NOTICE Of PIlBl I C H in the matter of ORDINANCE NO- S45 in the SEMINOLE was published in said newspaper in the issue; of 0 C; 1 0 9/9"3 Court, Affiant further says that the said Orlando Sentinel is a newspaper published at CASSELBERRY , in said SEMINOLE County, Florida, and that the said newspaper has heretofore been continuously published in said~INOLE County, Florida, each Wee Day and has been entered as second-class mail matter at the post office in CASSELBERRY in said SEMINOLE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securlng thi dvertiseme!~ for publication in the said newspa r. ~ The foregoing instrument was ack MAY ,19~, by who is personally known to me and day of (SEAL) 8 rt:Rl Y C. SIMMONS My CCrr1m Exp. 3/10/97 Bonded By Service Ins No. CC2638J9 IJ.Pctsoo,Uy Kr,owr, II Ohr t. D. NOTICE OF PUBUC HEARING CITY OF WINTER SPRINGS FLORIDA NOTICE OF HEREBY GIVEN by the City Commission of City of Winter SJ?rIngs, Florida, that said Commission wiH hOld a Public Haaring on an ordinance anti- dad as follows: ORDINANCE NO.545 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RE- LATING TO THE MAINTENANCE OF CERTAIN LOCAL IMPROVE- MENTS IN THE CITY; CREATING A MUNICIPAL SERVICES ASSESS- MENT AND BENEFIT DISTRICT TO BE KNOWN AS THE CITY OF WINTER SPRINGS/COUNTRY CLUB VillAGE STREETLIGHT MAINTENANCE DISTRICT; DEFIN- ING THE TERRITORY INCWDEO WITHIN THE DISTRICT; DEFINING PURPOSE AND POWERS OF THE DISTRICT; PROVIDING FOR A GOVERNING BODY; PROVIDING FOR THE MANAGEMENT OF THE DISTRICT; PAORDING THE LEVY- ING AND COLLECTION OF SPE- CIAL ASSESSMENTS; PROVIDING SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. This Public Hearing will be held at 7:30 p.m. on Monday, MIIY 24, 1l1l13 or as soon thereafter as possible in the Com- mission Chambers, City Hall. 1126 East S.A. 434. Winter Springs, FIoride 32708. Copies of the propoaad ordinance are available in the office of the City Clerk for inspection. Interestad parties may appear at this hearing and be haarll with respect to this propoaad ordinance. PERSONS WITH DISABILITIES NEED- ING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS DEPARTMENT ADA CO- ORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT (407) 327-1800. PERSONS ARE ADVISED THAT IF THEY DECIDE TO APPEAl ANY DECI- SION MADE AT THESE MEETING- S/HEARINGS. THEY WILL NEED A RE- CORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, THEY MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE. WHICH INCLUDES THE TESTI- MONY AND EVIDENCE UPON WHICH THE APPEAl IS BASED, PEA SECTION 286.D105. FLORIDA STATUTES. /sJ Mary T. Norton Mary T. Norton CIIy Clerk SlS4U65024 May.9,1993.