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HomeMy WebLinkAboutResolution 2002-25 Country Club Village RESOLUTION NO. 2002-25 A RESOLUTION OF THE CITY COMMISSION AS THE GOVERNING BODY OF THE CITY OF WINTER SPRINGS/COUNTRY CLUB VILLAGE STREETLIGHT MAINTENANCE DISTRICT, PURSUANT TO THE PROVISIONS OF FS 170.01 ET SEQ., ADOPTING AND APPROVING THE ASSESSMENT PLAT FOR THE ANNUAL ASSESSMENT OF CHARGES FOR THE PROVISION OF STREET LIGHTING PURSUANT TO ORDINANCE NO, 545 DIRECTING PREPARATION OF THE PRELIMINARY ASSESSMENT ROLL, ESTABLISHING THE METHOD FOR COLLECTION OF THE ASSESSMENT, PROVIDING FOR NOTICE OF THE MEETING FOR PUBLIC COMMENT ON THE ADOPTION OF THE ASSESSMENT ROLL, ESTABLISHING THE BASIS FOR COMPUTATION OF THE ASSESSMENT, PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. NOW, THEREFORE, it is hereby resolved by the City Commission of the City of Winter Springs, Florida, acting as the governing board of the City of Winter Springs/Country Club Village Streetlight Maintenance District, as follows: 1. That annual charges for the operation and maintenance of street lights located within the district, which charges represent the difference between the actual cost of operation and maintenance of said street lights, less the amount duly paid and/or contributed by the City of Winter Springs for said operation and maintenance, shall be assessed against each residential lot in the following subdivisions, which subdivisions comprise the territory located within the City of Winter Springs/Country Club Village Streetlight Maintenance District: SUBDIVISIONS (a) Country Club Village Unit One, Plat Book 22, Pages 4, 5 and 6; (b) Country Club Village Unit Two, Plat Book 23, pages 78, 79 and 80; (e) Country Club Village Unit Three, Plat Book 25, pages 33, 34, 35, 36 & 37. 2. That the total cost of the annual assessment is J8.664.52. Said assessment is levied pursuant to the authority of FS 189,041 et seq" including but not necessarily limited to FS 189.4031, FS 189.4041, FS 189.416, FS 189.418 and Ordinance No, 545 of the City of Winter Springs, Florida, an ordinance creating a municipal services assessment and benefit district. 3. The charges so assessed shall be paid by an annual assessment, which assessment shall continue from year to year unless amended by action of the governing body, levied on each residential lot in each of the subdivisions comprising the territory located within the City of Winter Springs/Country Club Village Streetlight Maintenance District in the amounts as duly reflected upon the assessment roll as heretofore identified, which assessments shall be collected by the Tax Collector of Seminole County, Florida, in the manner provided by FS 197.3632 and shall cast a lien upon the real property as assessed, 4. That the City Clerk of the City of Winter Springs, Florida, be and she is hereby directed and ordered to cause a copy of this resolution to be published once a week for a period of two (2) weeks in a newspaper of general circulation and published in Seminole County, Florida, 5, That the Director of Finance of the City of Winter Springs, Florida, be and he is hereby ordered and directed to cause to be made a preliminary assessment roll, which assessment roll shall be completed and which roll shall show the lots and lands assessed and the amount of the benefit to and the assessment against each lot or parcel of land, Further, said assessment roll shall show the assessment is to be paid in one (1) annual payment reflected in the manner provided for by FS 197.3632. Resolution 2002-25 6. That said assessment roll shall be prepared and filed with the City Clerk of the City of Winter Springs, Florida on or before July 23, 2002, That upon receipt of said filing, the Finance Director shall give notice to each person whose names and lands appear on the assessment roll, that they may appear before the City Commission of the City of Winter Springs, Florida, on August 26, 2002, at 6:30 p,m, or as soon thereafter as the matter be reach on the agenda, for the purpose of being heard as to the propriety and advisability of the making of said assessment, as to the manner of the payment therefore, and as to the amount thereof to be assessed against each property so improved. Said notice shall be given in writing on or before July 23,2002, and proof of mailing shall be made by affidavit of the City Clerk, Said notice shall contain notice of the time and place of the hearing and notice shall also be given by two (2) publications, a week apart, in a newspaper of general circulation in the City of Winter Springs as published in Seminole County, Florida, further provided that the second notice shall be published not later than August 6, 2002. That the assessment rolls for said charges, be and the same are hereby ratified, approved, and adopted by the City Commission of the City of Winter Springs, Florida, as the governing body of the Winter Springs/Country Club Village Streetlight Maintenance District, pursuant to the requirements set forth in FS 170.04. 7. Conflicts: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of any conflict. 8. Severabilitv: If any section, sentience, phrase, word or portion of this resolution is determined to be invalid, unlawful, or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, Resolution 2002-25 sentence, phrase, word, or portion of this resolution not otherwise determined to be invalid, unlawful, or unconstitutional. This resolution shall take effect immediately upon passage and adoption. Passed and adopted this 22nd day of Julv,2002, CITY OF WINTER SPRINGS, FtORIDA PAUL P. PARTYKA, MAYOR ATTEST: CITY CLERK Resolution 2002-25 NOTICE OF HEARING NOTICE IS HEREBY GIVEN by the City Commission of the City of Win- ter Springs, Florida that said Com- missIOn will hold a Hearing on l'l Resolution as follows: RESOLUTION NO. 2002-25 A RESOLUTION OF THE CITY COMMISSION AS THE GOV, ERNING BODY OF THE CITY OF WINTER SPRINGS/COUN, TRY CLUB VILLAGE STREET. LIGHT MAINTENANCE DIS, TRICT, PURSUANT TO THE PROVISIONS OF FS 170.D1 ET SED" ADOPTING AND AP, PROVING THE ASSESSMENT PLAT FOR THE ANNUAL AS. SESSMENT OF CHARGES FOR THE PROVISION OF STREET LIGHTING PURSUANT TO DR, D1NANCE NO. 545 DIRECTING PREPARATION OF THE PRE. lIMINARY ASSESSMENT ROLL, ESTABLISHING THE METHOD FOR COLLECTION OF THE ASSESSMENT, PRDVID. ING FOR NOTICE OF THE MEETING FOR PUBLIC COM, MENT ON THE ADOPTION OF THE ASSESSMENT ROLL, ES, TABlISHING THE BASIS FOR COMPUTATION OF THE AS. SESSMENT, PROVIDING FOR CONFLICTS. SEVERABILITY, AND EFFECTIVE DATE, NOW. THEREFORE. it is herebv resolved bv the Citv Commission of the Citv of Winter Springs, Florida, acting as the governing board of fhe Cifv of Winter Springs/Country Club Vil- lage Streetlight Mainte, nance District, as follows: 1. That annual charges for the operation and mainte- nance of street lights locat, ed within the district. which charges represent the dif, ference between the actual cost of operation and main- tenance of said street lights, less the amount duly paid and/or contributed bv the Citv of Winter Springs for said operation and mainte- nance, shall be assessed against each residential lot in the following subdivi, sions, which subdivisions comprise the territory locat- ed within the Citv of Winter Springs/Countrv Club Vii, lage Streetlight Mainte, nance District: SUBDIVISIONS (a) Country Club Village Unit One, Plat Book 22. Pages 4, 5 and 6; (b} Country Club Village Unit Two, Plat Book 23, pages 78, 79 and 80; (c) Country Club Village Unit Tbree. Plat Book 25, pages 33, 34. 35, 36 & 37, 2. That the total cost of the annual assessment is $8,664,52, Said assessment is ievied pursuant to the au, thoritvof FS 189,041 et seq" including but not necessari- Iv limited to FS 189.4031, FS 189,4041, FS 189.416. FS 189.418 and Ordinance No, 545 of the Citv of Winter Springs, Florida, an ordi- nance creating a municipal services assessment and benefit district. State of Florida } S,S, COUNTY OF ORANGE Before the undersigned authority personally appeared Linda Bridgewater , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ALTAMONTE SPRINGS in SEMINOLE County, Florida; that the attached copy of advertisement. being a NOTICE OF HEARING in the matter of Resolution 2002-25 in the Seminole Court, was published in said newspaper in the issue; of 07/28/02,08/04/02 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 coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Linda Bridgewater The foreoing instrument was acknowledged before me this 6th day of Aug, 2002, by Linda Bridgewater, who is personally known to me and who did take an oath. (SEAL) Beverly C. Simmons 3, The charges, so as- sessed shall be paid bv an annual assessment, which assessment shall continue from year to year unless amended by action of the governing body, levied on each residential lot in each of the subdivisions compris- ing the territory located within the City of Winter Springs/Country Club Vil- lage Streetlight Maint., nance District in the amounts as duly reflected upon the assessment roll as heretofore identified, which assessments shall be col- lected bv the Tax Collector of Seminole County, Flori- da, In the manner provided bv FS 197,3632 and shall cast a lien upon the real property as assessed. 4, That the Citv Clerk of the Citv of Winter Springs, Florida, be and she is here- bY directed and ordered to cause a copy of this resolu- tion to be published once a week for a period of two (2) weeks in a newspaper of general circulation and pub. Iished in Seminole County, Florida, 5, That the Director of Fi, nance of the City of Winter Springs, Florida, be and he is hereby ordered and di- rected to cause to be made a preliminary assessment roll, which assessment roll sholl be completed and which roll shall show the lots and lands assessed and the amount of the benefit to and the assessment against each lot or parcel of land. Further, said assessment roll shall show the assess- ment Is to be paid in one (1) annual payment reflected in the manner provided for by FS 197,3632, 6. That said assessment roll shall be prepared and filed with the Citv Clerk of the Citv of Winter Springs, Florida on or before JulY 23, 2002, That upon receipt of said filing, the Citv Clerk shall give notice to each person whose names .and lands appear on the assess- ment roll, that they may ap- pear before the City Com- mission of the Citv of Winter Springs. Florida, on August 26, 2002, at 6:30 p,m, or os soon thereafter as the mat- ter be reach on the agenda, for the purpose of being heard as to the propriety and advisability of the mak- ing of said assessment, as to the manner of the payment therefore, and as to the amount thereof to be as- sessed against each proper- ty so improved. Said notice shall be given in writing on or before Julv 23, 2002, and proof of mailing shall be made bv affidavit of the City Clerk. Said notice shall contain notice of the time and place of the hearing and notice shall also be given bv two (2) publications, a week apart, in a newspaper of general circulation in the Citv of Winter Springs as published in Seminole Coun- tv, Florida, further provided that the second notice shall be published not later than August 6, 2002, That the assessment rolls for said charges, be and the same are hereby ratified, approved, and adopted bv the Citv Commission of the City ot Winter Springs, Flor- ida, as the governing body of the Winter Springs/Coun. trv Club Viilage Streetlight Maintenance District. pur- suant to the requirements set forth in FS 170,04, 7. Conti icts; All resolu- tions or parts of resolutions in conflict herewith are herebv repealed to the ex- tent of anv conflict. 8. Severabilitv; If any sec- tion, sentience, phrase, word or portion of this reso- lution is determined to be invalid, unlawful, or uncon- stitutionaL said determina- tion shall not be held to in- validate or impair the validltv, force or effect of any other section, sentence, phrase, word, or portion of this resolution not otherwise determined to be invalid, unlawful, or unconstitution~' 01. This resolution shall take effect immediatelY ,upon passage ,and adoption. Passed and adopted this________dov of ,2002, CITY OF WINTER SPRINGS, FLORI, DA. PAUL P. PARTYKA, MAYOR ATTEST: CITY CLERK The Hearing will be held at 6:30 p.m. on Mondav, Au- gust 26, 2002 or as soon thereafter as possible in the Commission Chambers City Hall, 1126 East State Road 434, Winter Springs, Florida 32708, Copies of the pro, posed Resolution are avail- able in the office at the Citv Clerk. for inspection. 'Inter- ested parties may appear at this hearing and be heard with respect to this pro- posed Resolution. Persons with disabilities needing as- sistance to participate in anv of these proceedings should contact the Emplov, ee Relations Department ADA Coordinator, 48 hours in advance of the meeting at (407) 327-1800_ Persons are advised that if they decide to appeal any decision made. at these meetings/hearings, they will need a record of the pro- ceedings and for such pur- pose, they may need to in-