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HomeMy WebLinkAboutResolution 2001-30 Central Winds Park Expansion RESOLUTION NO. 2001-30 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CALLING A BOND REFERENDUM ON SEPTEMBER 4TH, 2001, OR SUCH OTHER DATE AS MAY BE AUTHORIZED BY LAW, WITIllN THE CITY OF WINTER SPRINGS ON THE QUESTION OF WHETHER THE CITY OF WINTER SPRINGS SHOULD FINANCE THE COST OF ACQUIRING 27 ACRES OF LAND TO EXPAND CENTRAL WINDS PARK AND TO CONSTRUCT SOCCER, FOOTBALL, BASEBALL AND OTHER RECREATIONAL FACILITIES ON SAID LAND, BY ISSUING LIMITED AD VALOREM BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $3,400,000.00, TO BEAR INTEREST AT A RATE NOT TO EXCEED THE MAXIMUM RATE PERMITTED BY LAW, AND BY LEVYING AN AD VALOREM TAX NOT TO EXCEED ONE-QUARTER OF ONE MILL (0.25) ON ALL TAXABLE PROPERTY WITIDN THE CITY OF WINTER SPRINGS TO BE USED FOR THE PURPOSE OF REPAYING SUCH BONDS AND FOR THE CONSTRUCTION OF SUCH RECREATIONAL FACILITIES; PROVIDING FOR SEVERABILITY; REPEAL OF PRIOR CONFLICTING RESOLUTIONS AND OTHER ACTIONS OF THE CITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs hereby finds this Resolution to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS AS FOLLOWS: Section 1. AUTHORITY. This Resolution is adopted pursuant to the authority of Chapters 166, Florida Statutes and 100, Florida Statutes, and any other applicable provision of law. Section 2. FINDINGS. It is hereby found and determined as follows: A. There is a need for recreational facilities in the City of Winter Springs; B. Acquisition and construction of recreational facilities in the City of Winter Springs, will enable the City of Winter Springs, ("City"), to expand and provide City of Winter Springs Resolution No. 2001-30 Page 1 of 4 recreational activities for the benefit and enjoyment of the citizens of the City and constitutes an essential public purpose; C. Issuance by the City of its limited ad valorem tax bonds, in an amount not to exceed Three Million Four Hundred Thousand Dollars payable from the proceeds of an annual ad valorem tax not to exceed one-quarter of one mill (0.25) levied on all taxable property within the City of Winter Springs is an appropriate method for financing the cost of such facilities; D. Chapter 166, Florida Statutes, and Article VII, Section 12 of the Florida Constitution, (the "ACT"), authorize the City to issue bonds upon approval by a majority of the electors residing within the City of Winter Springs and voting in a bond referendum conducted pursuant to law; E. September 4th, 2001 or such other date thereafter as may be authorized by law, is an appropriate and desirable date for the conduct of the bond referendum election; and F. All things required to be done prior to the calling of a bond referendum with the City of Winter Springs on the issuance of the proposed bonds have been done and it is now desirable to call the necessary bond referendum. Section 3. BONDS. The issuance of limited ad valorem tax bonds of the City, (the "Bonds"), in an aggregate principal amount not exceeding $3,400,000.00 in one or more series as determined by subsequent Resolution, bearing interest payable at such rate or rates not exceeding the maximum rate permitted by law, as shall be determined at the time of the sale thereof, and maturing in a manner set forth by subsequent Resolution, as may be adopted by the City Commission of the City of Winter Springs, is required for the purposes set forth in this Resolution and such Bonds are hereby authorized, subject to elector-approval in the Bond referendum. The Bonds and the interest thereon will be payable from the proceeds of an annual ad valorem tax not to exceed one-quarter of one mill (0.25) levied on all taxable property within the City of Winter Springs. Section 4. BOND REFERENDUM. A bond referendum is hereby called and ordered to be held in the City of Winter Springs on September 4th, 2001, or such other date thereafter authorized by law, to determine whether or not the Bonds shall be authorized. Section 5. NOTICE OF BOND REFERENDUM. This Resolution shall be published twice in full as part of the Notice of the Referendum Election, together with a notice in substantially the form attached hereto as Exhibit "A" in the Orlando Sentinel, a newspaper of general circulation in the City of Winter Springs. The publication shall occur once in the fifth week and once in the third week prior to the week which includes September 4th, 2001. City of Winter Springs Resolution No. 2001-30 Page 2 of 4 Section 6. PLACES OF VOTING, INSPECTORS, CLERKS. The polls will be open at the voting places on the date of such bond referendum during the hours prescribed by law. All qualified electors residing within the City of Winter Springs shall be entitled and permitted to vote at such bond referendum on the proposition provided below. The places of voting and the inspectors and clerk for the bond referendum shall be those designed by the Supervisor of Elections of Seminole County. Section 7. OFFICIAL BALLOT. The ballots to be used in the bond referendum shall contain a statement of the description of the proposed issuances of Bonds, and shall be in substantially the following form: CITY OF WINTER SPRINGS EXPANSION OF CENTRAL WINDS PARK Shall the City purchase approximately 27 acres of land adjacent to Central Winds Park to construct soccer, football, baseball and other recreation facilities and finance the purchase and construction by issuing Bonds not exceeding $3,400,000.00, bearing interest at a rate not exceeding the maximum permitted by law, and by levying an ad valorem tax not exceeding one- quarter of one mill (0.25) on all taxable property within Winter Springs for repayment of such Bonds? For Bonds Against Bonds Section 8. PAYMENT OF REFERENDUM EXPENSES. The City Manager is hereby authorized and directed to approve the payment of lawful expenses associated with conducting the bond referendum election. Section 9. VOTER REGISTRATION BOOKS. The Supervisor of Elections for Seminole County is hereby authorized and requested to furnish to the inspectors and clerks at each place where the votes are to be cast in such bond referendum, applicable portions of the registration books or certified copies thereof showing the names of the qualified electors residing in the City of Winter Springs. Section 10. ELECTION ADMINISTRATION. The bond referendum shall be held and conducted in the manner prescribed by law and shall be as soon as practicable, be returned and canvassed in the manner prescribed by law. The result shall show the number of qualified electors who voted at such bond referendum and the number of votes cast respectively for and City of Winter Springs Resolution No. 2001-30 Page 3 of 4 EXHIBIT "A" Resolution No. 2001-30 NOTICE OF CITY OF WINTER SPRINGS BOND REFERENDUM. Pursuant to the provision of Section 100.342, Florida Statutes, notice is hereby given that a bond referendum election to be held on September 4, 2001, or such other date as may be authorized by law, there shall be submitted to the citizens of Winter Springs the question described in Resolution 2001-30, adopted by the City Commission of the City of Winter Springs, Florida, on the 9th day of July, 2001. The title of Resolution 2001-30 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CALLING A BOND REFERENDUM ON SEPTEMBER 4TH, 2001, OR SUCH OTHER DATE AS MAY BE AUTHORIZED BY LAW, WITHIN THE CITY OF WINTER SPRINGS ON THE QUESTION OF WHETHER THE CITY OF WINTER SPRINGS SHOULD FINANCE THE COST OF ACQUIRING 27 ACRES OF LAND TO EXPAND CENTRAL WINDS PARK AND TO CONSTRUCT SOCCER, FOOTBALL, BASEBALL AND OTHER RECREATIONAL FACILITIES ON SAID LAND, BY ISSUING LIMITED AD VALOREM BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $3,400,000.00, TO BEAR INTEREST AT A RATE NOT TO EXCEED THE MAXIMUM RATE PERMITTED BY LAW, AND BY LEVYING AN AD VALOREM TAX NOT TO EXCEED ONE-QUARTER OF ONE MILL (0.25) ON ALL TAXABLE PROPERTY WITHIN THE CITY OF WINTER SPRINGS TO BE USED FOR THE PURPOSE OF REPAYING SUCH BONDS AND FOR THE CONSTRUCTION OF SUCH RECREATIONAL FACILITIES; PROVIDING FOR SEVERABILITY; REPEAL OF PRIOR CONFLICTING RESOLUTIONS AND OTHER ACTIONS OF THE CITY, AND AN EFFECTIVE DATE. The ballot caption and referendum question is as follows: CITY OF WINTER SPRINGS EXPANSION OF CENTRAL WINDS PARK Shall the City purchase approximately 27 acres ofland adjacent to Central Winds Park to construct soccer, football, baseball and other recreation facilities and fmance the purchase and construction by issuing Bonds not exceeding $3,400,000.00, bearing interest at a rate not exceeding the maximum permitted by law, and by levying an ad valorem tax not exceeding one-quarter of one mill (0.25) on all taxable property within Winter Springs for repayment of such Bonds? F or Bonds Against Bonds exhibit a to bond referendum.kj against approval of the Bonds. Upon certification in the manner prescribed by law, the results shall be recorded in the minutes of the City Commission of the City of Winter Springs. Section 11. ELECTION RESULTS. If the majority of the votes cast at such a bond referendum shall be "For Bonds," the issuance of the Bonds shall be authorized and the Bonds may thereafter be issued as may be provided by the City Commission of the City of Winter Springs. Section 12. SEVERABILITY. In the event that any word, phrase, clause, sentence or paragraph hereof shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word, clause, sentence or paragraph hereof. Section 13. REPEALING CLAUSE. All Resolutions or other actions of the City which are in conflict herewith are hereby repealed to the extent of such conflict or inconsistency. Section 14. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida this 9th day of July 2001. CITY OF WINTER SPRINGS PAUL PARTYKA, MAYOR ATTEST: ANDREA LORENZO-LUACES CITY CLERK City of Winter Springs Resolution No. 2001-30 Page 4 of 4 urlanao. ,Sentinel in the SEMINOLE was published in said newspaper in the issue; of 07/29/01, 08/12iOTourt, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CALLING A BONO REFEREN- OUM ON SEPTEMBER 4TH, 2001, OR SUCH OTHER OAlE AS MAY BE AUTHORIZED BY LAW, WITHIN THE CITY OF WINTER SPRINGS DN THE OUESTlON OF WHETHER THE CITY DF WINTER SPRINGS SHOULD FINANCE THE COST OF ACQUIRING 27 ACRES OF LAND TO EXPAND CENTRAL WINDS PARK AND TO CON- STRUCT SOCCER, FODTBAll, BASEBALL AND OTHER REC- REATIONAL FACILITIES ON SAID LAND, BY ISSUING LIM- ITED AD VALOREM BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $3,400,000.00, TO BEAR INTEREST P,T A RATE NOT TO EXCEED IHE MAXI. MUM RATE PERMITTED BY LAW, AND BY LEVYING AN AD VALOREM TAX NOT TO EX- CEED ONE-QUARTER OF DNE MILL (0.251 ON ALL TAXABLE PROPERTY WITHIN THE CITY OF WINTER SPRINGS TO BE USED FOR THE PURPDSE OF REPAYING SUCH BONDS AND FOR THE CONSTRUCTION OF SUCH RECREATIDNAL FACILI- TIES; PROVIDING FDR SEVER- ~g~:rr~tl~E~E~~sg[uil~~~ AND OTHER ACTIONS OF THE CITY, AND AN EFFECTIVE DATE. WHEREAS, the Cilv Commis- sion of the Citv of Winter Springs herebv finds this Resolution to be in the best interests of the public he"alth, safety, and welfare of the citizens of Winter Springs. ( Published Daily ~tate of jfloriba } S.S. COUNTY OF ORANGE that he/she is the Legal Adv.erti.s.inQ Reores,&.ntative of newspaper published at AL'l:AJ.VlONTE ::;PRINGS SF.MTNm ,R that the attached copy of advertiseTeo.tl'l being a .PUBLIC In the matter of ~UU -ju BEVERLY C. SIMMONS Before the undersigned authority personally appeared , who on oath says Orlando Sentinel, a dally in County, Florida; HEARING Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE SPRINGS , in said SEMINOLE County, Florida, and that the said newspaper has heretofore been continuously published in said SEMINOLE County, Florida, each Week Day and has been entered as second-class mail matter at the post office in ALTAMONTE SPRINGS 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 purp e of s curinA this a ertisement for publication in the said newspaper. l! BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS AS FOLLOWS: The foregoing instrument was acknowledged efore me this day of AUGUST , 20---.0.1 by BR\TRRT.V (' ~TMM'JNS who is personally known to me andGt'tw did ta~e an pjlth. ;;) ~.(/)4; ~ r.Ll.Jr kA.J ,)ection 1. AUTHORITY. This Re:::.olution is adopted pursu- ant to the authoritv of Chap- ters 166, Florida Statutes and 100, Florida Statutes, and anv other applicable provision of law. Section 2. FINDINGS. It is here- bv found and determined as follows: (SEAL) WIN( t PWtKER ~ CarlIm I!llp. W2712Q02 No. a: 778400 J~~ flCllllrLD. A. Tllere is a need for recre- ational facilities in the Citv of Winter Springs; B. Acquisition and construc- tion of recreational facilities in the Citv of Winter Springs, vyjll enable the Citv of Winter Springs, 1 "Citv"), to expand and provide rec- reational activities for the benefi.! and enjoyment of the citizens of the City and con- stitutes an essential public purposej C. Issuacce bv the Citv of its limited ad valorem tax bonds, in an amount not to exceed Three Million Four Hundred Thousand Dollars I payable from the proceeds of an C!nnua! ad valorem tax not to exceed one-quarter of one mill 10.25) levied on all taxable propertv witl1in the Citv of Winter Springs is an appropriate method for fi- nancing the cost of such fa- cilities; D. Chapter 166, Florida Statutes, and Article V II, Section 12 of the Florida Constitution, (the" ACT"), authorize the Citv to issue bonds upon approval bv a majority of the electors re- siding within the Citv of Winter Springs and voting in a bond referendum con- ducted pursuant to law i ... . E. September 4th, 2001 or such other date thereafter as may be authorized bY law, is an appropriate and desirable date for the con- duct of the bond referendum election; and F. All things required to be done prior to the calling of a bond referendum with the City of Winter Springs on the issuance of the proposed bonds hove been done and it is now desirable to call the necessary bond referendum. Section 3. BONDS. The issu- ance of limited ad valorem I tax bonds of tI1e Citv, (the "Bonds"), in an aggregate principal amount not ex- ceeding $3,400,000.00 in one or more series as deter- mined by subsequent Reso- lution, bearing interest pay~ able at such rate or rates not exceeding the maximum rate permitted by law, as shall be detet-mined at the time of the sale thereof, and maturing in a manner set forth by subsequent Resolu- tion, as may be adopted bY the Citv Commission of the City of Winter Springs, is re- quired for the purposes set forth in this Resolution and such Bonds are herebv au~ thorized, subject to elector- approval in the Bond refer- endum. The Bonds and the interest thereon will be pay- able from the proceeds of an annual.ad valorem tax not to exceed one-quarter of one mill (0.25) levied on all tax- able property within the City of Winter Springs. Section 4. BOND REFERENDUM. A bond referendum is herebv called qnd ordered to be held in the City of Winfer Springs on September 4th 2001, or such other date ther'~after authorized by law, to determine whether or not the Bonds sholl be au~ thor:zed. ~~~~~~g~~g~~~~~~~ ~~~~=~a~~~~~ o=~~ o~ oo~E'~~~o~~~crc~ ~~.~~g~~g~~~~~gro~~ Q..o'~~ ~ ~'R ~~ g:E ~ ~g -1~ ~'~g-1~~::!.~-<3=ag,g~g ~~~@~n;go~o~~~~: ~3=:'~'g.~~ g.~:~ m~o.~; ~ro~~=o~Wmg~ro~~~~ ~~ ~~~;~~~3 Q ~~.@.~~ ~ ~a.3=g ~'~'~g~~.? g,~'g ~ .. Seclion 6. PLACES OF VOTING, IN- SPECTORS, CLERKS. The polls will be open at the voting places on the date of such bond referendum during the hours prescribed by law. All qualified electors residing within the City of Winter Springs shall be entitled and permitted to vote at such bond referendum on the proposition provided below. The places of voting and the Inspectors and clerk for the bond referendum shall be those designed by the Super- visor of Elections of Semi- nole County. Section 7. OFFICIAL BALLOT. The ballots to be used in the bond referendum shall con- tain a statement of the de- scription of the proposed Is- sua~ce's of Bonds, and shall be In sUbstantially the fol- lowmgform: CITY OF WINTER SPRINGS EXPANSION OF CENTRAL WINOS PARK Shall Ihe City purchase ap- proximately 2'1 acres of land adjacent to Central Winds . Pari< to construct soccer, foot- ball. baseball and other recre- ation facilities and finance the pure.hase and construction by ISSUing Bonds not exceeding $3.400.000,00. bearing interesl at 8 rate not exceeding the maximum permitted by law and by levyin en ad ,.'ore"; =xo~~t mill ~~'i~:~ abl. . prope Winter Springs for rep.yment of such Bonds? _For Bonds _Against Bonds Section 8. PAYMENT OF REFEREN- DUM EXPENSES. The Citv Man- ager is hereby authorized and directed to approve the payment of lawful expenses associated with conducting :~~. bond referendum elec- Seclion 9. VOTER REGISTRATION BOOKS. The Supervisor of Elections for Seminole County is herebY authorized and requested to furnish to the inspectors and clerks at each place where the votes are to be cast in such bond r~ferendum, apPlicable per. tlons of the registration books or certified copies thereof showing the names of the ~ualified electors re- siding In the City of Winter Springs. Section 10. ELECTION ADMINIS. TRATlON. The bond referen- dum shall be held and con. ducted in the manner prescribed by law and shall be as Soon as practicable, ~e return~d and canvassed In the manner prescribed by law. The result shall show the number of qualified electors who voted at such bond referendum and the number of votes cast reo spectively for and against approval of the Bonds. Upon certification in the manner prescribed by law. the re- sults shall be recorded in the ",inutes of the Citv Com- miSSion of the City of Winter Springs. Section 11. ELECTION RESULTS. If the majority of the votes cast at such a bond referen. dum shall be "For Bonds " the issuance of the Bon'ds shall be authorized and the Bonds may thereafter be is- sued as may be provided bV the City Commission of the Cltv of Winter Springs. Section 12. SEVERABILITY. In the event that any word, phrase, clause, sentence or paragraph hereof shall be held invalid bv any court of competent jurisdiction, such hOlding shall not affect any other word, clause, sentence or paragraph hereof. Section 13. REPEALING CLAUSE. All Resolutions or other ac- tions of the City which are in conflict herewith are hereby repealed to the ex- tent of such conflict or in- consistency. Section 14. EFFECTIVE DATE. This Resolution shall take effect 1f6'~edlatelv upon its adop. DONE AND ADOPTED In regular sessIOn of the City Commis- sion of the Citv of Winter ~r~~I~S2~\Orida this 9th dav Citv of Winter Springs Paul P. PartYka Mayor Attest: Andrea Lorenzo-LuDces City Clerk EXHIBIT "A" .Resolutlon No. 2001.30 NOTICE DF CITY OF WINTER SPRINGS BDND REFERENDUM. Pursuant to the provision of Section 100.342, Florida Stat- utes, notice is hereby given that a bond referendum election to be held on Sep- , tember 4, 2001, or s~ch other date os may be authorized by: low, there shall be sub- mitted to the citizens of Winter Springs the question described in Resolution 2001'30,adopted by the Citv I C~mmissio.n of the City of I . Winter Sprrngs. Florida, on i the 9th dav of July. 2001- The title of Resolution 2001- 30 is as follows: J.- RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIOA, CALLING A BOND REFEREN. DUM ON .SEPTEMBER 4TH. 2001. OR SUCH OTHER DATE AS MAY BE AUTHORIZED BY LAW, WITHIN THE CITY OF WINTER SPRINGS ON THE QUESTION OF WHETHER THE CITY OF WINTER SPRINGS SHOULD FINANCE THE COST OF ACQUIRiNG 27 ACRES OF LAND TO EXPAND CENTRAL WINDS PARK AND TO CON- STRUCTSOCCER, FOOTBALL. BASEBALL AND OTHER REC. REATIONAL FACILITIES ON SAID LAND, BY ISSUING LIM- ITED AD VALOREM BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $3.400.000.00, TO BEAR INTEREST AT A RATE NOT TO EXCEED THE MAXI. MUM RATE PERMITTED BY LAW. AND BY LEVYING AN AD VALOREM TAX NOT TO EX- CEED ONE.QUARTER OF ONE MILL 10.251 ON ALL TAXABLE PROPERTY WITHIN THE CITY OF WINTER SPRINGS TO BE USED FOR THE PURPOSE OF REPAYING SUCH BONDS ANO FOR THE CONSTRUCTION OF SUCH RECREATIONAL FACILI- TIES: PROVIDING FOR SEVER- ABILITY: REPEAL OF PRIOR CONFLICTING RESOLUTIONS AND OTHER ACTIONS OF THE CITV, AND AN EFFECTIVE DATE. The ballot caption and ref. erendum question is as fol- lows: CITY OF WINTER SPRINGS EXPANSION OF CENTRAL WINDS PARK Shall the Citv purchase ap- proximately '1'7 acres of land adjacent to Central Winds Park to construct soccer, football, baseball and other recreation facilities and fi- nance the purchase and con- struction by issuing Bonds not exceeding $3,400,000.00, bearing interest at a rate not exceeding the maximum permitted by law, and bv levYing an ad valorem tax not exceeding one.quarter of one mill (0.25) on all taxable property within Winter Springs for repoyment of I such Bonds? I_For Bonds !L.1 -=---Against Bonds CSE4022922 JUL 29 AUG.12,2oo1 . , .