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HomeMy WebLinkAboutOrdinance 2003-02 Country Club District ORDINANCE NO. 2003-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING ORDINANCE NO. 545 AND RESOLUTION NO. 720; PROVIDING FOR THE DISSOLUTION OF THE COUNTRY CLUB VILLAGE STREETLIGHT MAINTENANCE DISTRICT; PROVIDING FOR THE DISCONTINUATION OF THE LEVY COLLECTION AND ENFORCEMENT OF NON- AD VALOREM ASSESSMENTS BY THE COUNTRY CLUB VILLAGE STREETLIGHT MAINTENANCE DISTRICT; PROVIDING FOR NOTIFICATION TO CERTAIN LOCAL AND STATE GOVERNMENTAL ENTITIES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under 9 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, on May 24, 1993, the City Commission adopted Ordinance No. 545 creating a municipal services assessment and benefit district known as the Tuscawilla County Club Village Streetlight Maintenance District ("District") for the improvement, operation, maintenance and repair of the street lighting within the Tuscawilla Country Club subdivision; and WHEREAS, the City Commission adopted Resolution No. 720, which empowered the District to uniformly levy, collect and enforce non-ad valorem assessments within its service area pursuant to Section 197.3632, Florida Statutes; and WHEREAS, the City is authorized to cause the dissolution of the District pursuant to Section 189.4042, Florida Statutes, and terminate the levy, collection and enforcement of non-ad valorem assessments assessed by the District within its service area; and City of Winter Springs Ordinance No. 2003-02 Page 1 of3 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 true and correct and are fully incorporated herein by this reference. Section 2. Repeal of Ordinance No. 545. The City of Winter Springs Ordinance No. 545 is hereby repealed and the Country Club Village Streetlight Maintenance District dissolved pursuant to Section 189.4042, Florida Statutes. A copy of Ordinance No. 545 is attached hereto for reference purposes only. Section 3. Repeal of Resolution No. 720. The City of Winter Springs Resolution No. 720 is hereby repealed and the levy, collection and enforcement of non- ad valorem assessments by the Country Club Village Streetlight Maintenance District shall be discontinued commencing in the year 2005. A copy of Resolution No. 720 is attached hereto for reference purposes only. Section 4. Department of Community Affairs Notification. In furtherance of Section 189.4035, Florida Statutes, the City Clerk shall file a certified copy of this Ordinance with the Florida Department of Community Affairs within thirty (30) days of becoming effective and shall make a copy available for public inspection immediately upon adoption. Section 5. Seminole County Tax Collector and Property Appraiser Notification. In furtherance of Section197.3632, Florida Statutes, the City Clerk shall file a certified copy of this Ordinance with the Seminole County Tax Collector's Office within thirty (30) days of becoming effective and shall make a copy available for public inspection immediately upon adoption. Section 6. 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. City of Winter Springs Ordinance No. 2003-02 Page 2 of3 Section 7. 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 8. Effective Date. This Ordinance shall become effective December 31, 2004 and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 28th day of July , 2003. JOHN F. BUSH Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: 4/28/2003 Second Reading: July 28, 2003 Effective Date: See Section 8. F:\Docs\City of Winter Springs\Ordinances\CountryClubVillageDistrictRepeal.wpd City of Winter Springs Ordinance No. 2003-02 Page 3 of3 3 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 prov1s1on 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. Governing 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 authorized by law necessary, convenience or proper, to the accomplishment of its purpose, including but not limited to the following: -2- (a) To levy, collect and enforce non-ad valorem assessments pursuant to section 197.3632, Florida Statutes, and Chapter 120-18, F.A.C. (b) To sue and be sued, implead and be impleaded, complain and defend in all courts in its own name. (c) 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. (d) To enter into interlocal agreements authorized by the provision of 163.01, Fla. stat., for the purposes therein expressed. (e) To adopt and use a seal and alter the same. (f) 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. (g) To enforce the collection of special assessments by foreclosure or other means authorized by law. (h) 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. (i) To contract or expand the boundaries of the territory to be maintained and to be affected by and subject to the special assessments. (j) 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. (l) 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. Expenditure 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 120-18, 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) 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. (c) 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. (d) 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. (e) 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 Required. 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- RESOLUTION NO. 720 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, PURSUANT TO SECTION 197.3632(3) (a) FLORIDA STATUTES STATING THE INTENT OF THE CITY OF WINTER SPRINGS, FLORIDA TO UTILIZE THE UNIFORM METHOD FOR THE LEVY, COLLECTION, AND ENFORCEMENT OF NON-AD VALOREM ASSESSMENTS LEVIED PURSUANT TO THE PROVISIONS OF ORDIN- ANCE 545 OF THE CITY OF WINTER SPRINGS, FLORIDA WHEREAS, the City Commission of the City of Winter Springs, Florida, as created by Ordinance 545 a subunit of the City of Winter Springs, Florida, for the levy, collection and enforcement of ad valorem assessments in certain geographical territories located within the boundaries of the City of Winter Springs, Florida, for the purpose of providing for the funds necessary to pay for the improvement, operation, maintenance and repair of the street lighting within the geographical areas within the City of Winter Springs, Florida subject to the provisions of Ordinance 545; and WHEREAS, the City Commission of the City of Winter Springs, Florida is the governing board of said district; NOW, THEREFORE, the City Commission of the City of Winter Springs, Florida hereby expresses its intent to use the uniform method for the levy collection and enforcement of non-ad valorem assessments as provided by Section 197.3632 Florida Statutes for the levy, collection and enforcement of the said non-ad valorem assessments called for by Ordinance 545; and WHEREAS, the City Commission has entered into an agreement with H. W. "Bill" Suber, as the Seminole County Property Appraiser as required by Section 197.3632(2) of Florida Statutes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION I - That it is the intent of the City Commission of the City of Winter Springs, Florida as the local governing board pursuant to Ordinance 545 which states its intent to use the uniform method for the levy, collection, and enforcement of non-ad valorem assessments as provided for by Section 197.3632, Florida Statutes for the levy, collection and enforcement of non-ad valorem assessments levied pursuant to Ordinance 545 for 1994 and each year thereafter until discontinued. SECTION II - The legal description of the boundaries of the real property subject to the levy are properties in Country Club Village Unit One, as recorded in Plat Book 22, Pages 4, 5 and 6, Public Records of Seminole County, Florida; and Country Club Village Unit Two as recorded in Plat Book 23, Pages 78, 79 and 80, Public Records of Seminole County, Florida; and Country Club Village Unit Three as recorded in Plat Book 25, Pages 33, 34, 35, 36 and 37, Public Records of Seminole County, Florida. SECTION III - The City Commission of the City of Winter Springs, Florida as the governing body of the City of Winter Springs/Country Club Village Streetlight Maintenance District as established by Ordinance 545 of the City of Winter Springs, Florida hereby declares that the need for the levy is established by the provisions of Ordinance 545 of the City of Winter Springs, Florida, an ordinance establishing the City of Winter Springs/Country Club Village Street- light Maintenance District for the purpose of raising revenue within certain territories located within the City of Winter Springs, Florida to pay for the cost of providing for the improvement, operation, maintenance and repair of the street lighting facilities in the areas defined herein. Passed and adopted this 25th day of October, 1993. CITY OF WINTER SPRINGS, FLORIDA PHILIP A. KULBES, MAYOR ATTEST: MARY T. NORTON CITY CLERK Orlando Sentinel communications P.O. BOX 804865 CHICAGO. ILLINOIS 60680-4110 LEGAL ADVERTISING CITY OF WINTER SPRINGS PLEASE DO NOT FOLD OR STAPLE THIS PORTION [ 558808001 ORLANDO SENTINEL PUBLISHED DAILY RECEIVED 7/21/2003 CITY OF WINTER SPRINGS CITY HALL Before the undersigned authority personally appeared DEBORAH M.. TONEY , who on oath say, that he/she is the Legal Advertising Representative of Orlando Sentinel, a daily newspaper published at ORLANDO in Orange County, Flonda; that the attached copy of advertisement, being a CITY Of WINTER SP in the matter of ORD 2003-02 in the ORANGE Court was published in said newspaper in the issue; of 07/13/03 Affiant further says that the said Orlando Sentinel is a newspaper published at ORLANDO in said ORANGE County, Flonda, and t at e said newspaper has heretofore been continuously published in Said ORANGE County, Florida, each ee ay and has been entered as second-class mail matter at the post office in ORLANDO in said ORANGE County, Flonda, 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 securing this advertisement for publication in the said newspaper. DEBORAH TONEY The foregoing instrument was acknowledged before me this 17 day of JULY, 2003, by DEBORAH M. TONEY who is personally known to me and who did take an oath. (SEAL) Linda Bridgewater My comm. Exp 5/29/05 Orlando Sentinel communications P.O. BOX 804865 CHICAGO. ILLINOIS 60680-4110 LEGAL ADVERTISING CITY OF WINTER SPRINGS PLEASE DO NOT FOLD OR STAPLE THIS PORTION [ 558808001 ORLANDO SENTINEL PUBLISHED DAILY RECEIVED 7/21/2003 CITY OF WINTER SPRINGS CITY HALL Before the undersigned authority personally appeared DEBORAH M.. TONEY , who on oath say, that he/she is the Legal Advertising Representative of Orlando Sentinel, a daily newspaper published at ORLANDO in Orange County, Flonda; that the attached copy of advertisement, being a CITY Of WINTER SP in the matter of ORD 2003-02 in the ORANGE Court was published in said newspaper in the issue; of 07/17/03 Affiant further says that the said Orlando Sentinel is a newspaper published at ORLANDO in said ORANGE County, Flonda, and t at e said newspaper has heretofore been continuously published in Said ORANGE County, Florida, each ee ay and has been entered as second-class mail matter at the post office in ORLANDO in said ORANGE County, Flonda, 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 securing this advertisement for publication in the said newspaper. DEBORAH TONEY The foregoing instrument was acknowledged before me this 17 day of JULY, 2003, by DEBORAH M. TONEY who is personally known to me and who did take an oath. (SEAL) Linda Bridgewater My comm. Exp 5/29/05 NOTICE .OF ORDINANCE CHANGE CITY OF WINTER SPRINGS Notice of Amendment of Chapter 10, Pertaining to Adult Entertainment Establishments ORDINANCE NO. 2003-41 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING CHAPTER 10, ARTICLE III, OF THE WINTER SPRINGS CITY CODE PERTAINING TO SEXUALLY ORIENTED BUSINESSES AND ADULT ENTERTAlNMENT ESTABLISHMENTS, AND RELATED MATTERS; PROVIDING FOR A SHORT TITLE; PROVIDING FOR LEGISLA- TIVE PURPOSES, FINDINGS AND INTENT; PROVIDING FOR CONSTRUCTION OF THE ORDINANCE; RECOGNIZING OBSCENITY AS UNLAWFUL; PROVIDING FOR DEFINI- TIONS; PROVIDING FOR NOTICE; PROVIDING FOR PENALTIES, REMEDIES AND RELIEF; PROVIDING FOR AND REQUIRING LICENSES; PROVIDING FOR LICENSEE APPLICATIONS AND FEES; PROVIDING FOR CLASSIFICATION OF LICENSES; PRO- VIDING FOR APPROVAL AND DENIAL OF LICENSE APPLICATIONS; PROVIDING FOR CONTINUING DUTIES UPON LICENSED APPLICANTS; PROVIDING FOR INVESTIGA- TIONS; PROVIDING FOR REAPPLICATION; PROVIDING FOR TIME PERIODS FOR NOTICES, SUBMITTALS, FILINGS, AND DECISIONS; PROVIDING FOR RESPONSmILI- TIES OF CITY AND GOVERNMENT OFFICIALS AND DEPARTMENTS; PROVIDING FOR EXPIRATION, LAPSE, CONTINUATION, TERMS, SUSPENSION, REVOCATION AND ENFORCEMENT OF LICENSES; PROHIBITING THE TRANSFER OF LICENSES; PROVID- ING FOR ESTABLISHMENT NAME CHANGES; PROVIDING FOR LICENSE SUSPENSION AND REVOCATION PROCEDURES AND PROCEEDINGS; PROViDING FOR APPEALS; PROVIDING FOR WORKER RECORDS, CUSTOMER CONTRACTS AND DAILY REGIS- TERS AND INSPECTIONS THEREOF; PROVIDING FOR DUTIES AND OBLIGATIONS; PROVIDING FOR PROHmITED ACTMTIES AND UNLAWFUL ACTS BY ESTABLISH- MENTS AND BUSINESSES, WORKERS, OPERATORS, AND CUSTOMERS; PROVIDING FOR GENERAL REQUIREMENTS, DUTIES, OBLIGATIONS, REQUIRED ACTS AND PRO- HIBITIONS; PROVIDING FOR LICENSEE CONSENT; PROVIDING FOR SPECIFIC PROVI- SIONS RELATING TO VARIOUS CATEGORIES OF LICENSEES; PROVIDING REGULA- TIONS FOR SEXUALLY ORIENTED BUSINESSES; PROVIDING REGULATIONS FOR ADULT BOOK STORES/ADULT VIDEO STORES; PROVIDING REGULATIONS FOR ADULT THEATERS; PROVIDING REGULATIONS FOR ADULT PERFORMANCE ESTAB- LISHMENTS; PROVIDING REGULATIONS FOR COMMERCIAL BODILY CONTACT ESTABLISHMENTS; PROVIDING REGULATIONS FOR ESCORTS AND ESCORT SERVICE PROVIDERS; PROVIDING REGULATIONS FOR ADULT MODELING OR DISPLAY ESTABLISHMENTS; PROVIDING REGULATIONS FOR ADULT MODELS; PROVIDING REGULATIONS FOR PROHIBITED ACTS BY CUSTOMERS; PROVIDING FOR PROHIBIT- ED ACTS BY WORKERS AND OPERATORS; PROVIDING FOR RECORDS AND REPORTS; PROVIDING OPERATIONAL REQUIREMENTS AND PROHIBITIONS; PROVIDING FOR USE OF RESTROOMS AND DRESSING ROOMS; PROVIDING FOR THE PROTECTION OF MINORS; PROVIDING FOR HOURS OF OPERATION; PROHIBITING SEXUAL ENCOUNTER BUSINESSES; PROVIDING IMMUNITY FROM PROSECUTION FOR CER- TAIN GOVERNMENT OFFICIALS AND ACTS; RESTATING THAT ADULT ENTERTAIN- MENT ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES SHALL BE LOCATED IN INDUSTRIAL AREAS SUBJECT TO DISTANCE REQUIREMENTS FROM RESIDENTIAL AREAS, SCHOOLS, CHURCHES, AND PARKS AND RECREATIONAL AREAS; PROVIDING FOR REPEAL, SEVERABILITY, CODIFICATION, AND AN EFFEC- TIVE DATE. Notice Establishing a New Zoning District ORDINANCE NO. 2004-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING A NEW ZONING DISTRICT CATEGORY ENTITLED "COMMERCE CENTER," PROVIDING GENERAL INTENT PREAM- BLE, LIST OF PERMITTED AND CONDITIONAL USES, AND BULK REGULA- TIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDI- NANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVER- ABILITY, AND AN EFFECTIVE DATE. The Adoption of these ordinances will affect all of Winter Springs PUBLIC HEARINGS FOR THE FINAL READING OF THE PROPOSED ORDINANCES WILL BE HELD ON MONDAY, FEBRUARY 9,2004 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinances may be obtained by interested. parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327-1800 #227. Persons with disabilities needing assis- tance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327-1800, #236. These are public hearings. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinances. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. Orlando Sentinel communications P.O. BOX 804865 CHICAGO. ILLINOIS 60680-4110 LEGAL ADVERTISING CITY OF WINTER SPRINGS PLEASE DO NOT FOLD OR STAPLE THIS PORTION [ 558808001 ORLANDO SENTINEL PUBLISHED DAILY RECEIVED 7/21/2003 CITY OF WINTER SPRINGS CITY HALL Before the undersigned authority personally appeared DEBORAH M.. TONEY , who on oath say, that he/she is the Legal Advertising Representative of Orlando Sentinel, a daily newspaper published at ORLANDO in Orange County, Flonda; that the attached copy of advertisement, being a CITY Of WINTER SP in the matter of ORD 2003-02 in the ORANGE Court was published in said newspaper in the issue; of 07/17/03 Affiant further says that the said Orlando Sentinel is a newspaper published at ORLANDO in said ORANGE County, Flonda, and t at e said newspaper has heretofore been continuously published in Said ORANGE County, Florida, each ee ay and has been entered as second-class mail matter at the post office in ORLANDO in said ORANGE County, Flonda, 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 securing this advertisement for publication in the said newspaper. DEBORAH TONEY The foregoing instrument was acknowledged before me this 17 day of JULY, 2003, by DEBORAH M. TONEY who is personally known to me and who did take an oath. (SEAL) Linda Bridgewater My comm. Exp 5/29/05 CITY OF WINTER SPRINGS REPEAL OF PRIOR OROINANCE The City at Winter Springs proposes to adopt the following Ordinance, as stated below: ORDINANCE NO. 2003-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING ORDINANCE NO. 545 AND RESOLUTION NO. 720; PROVIDING FOR THE DISSOLU. TION OF THE COUNTRY CLUB VILLAGE STREETLIGHT MAIN- TENANCE DISTRICT; PROVID- ING FOR THE DISCONTINU. ATION OF THE LEVY COLLECTION AND ENFORCE- MENT OF NON- AD VALOREM ASSESSMENTS BY THE COUN- TRY CLKUB VILLAGE STREET- LIGHT MAINTENANCE DIS- TRICT; PROVIDING FOR NOTIFICATION TO CERTAIN LO. CAL AND STATE GOVERNMEN. TAL ENTITIES; PROVIDING FOR THE REPEAL OF PRIOR IN- CONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PRO- VIDING FOR AN EFFECTIVE DATE. A Public Hearing for the Second Hearing of proposed Ordinance No. 2003-02 will be held on JulY 28. 2003 at 6:30 p.m. or soon thereafter, at the Commission Chambers, City of Winter Springs City Hall, 1126 East State Road 434, Winter Springs, Florida. Interested parties may ap- pear at the Meeting and be heard regarding this matter. PUBLIC HEARING FOR THE 2ND READING ON PROPOSED ORDINANCE 2003. 18 WILL BE HELD ON MONDAY, JUNE 9. 2003 AT 6:30 P.M. IN THE COM. MISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLOR. iDA Interested parties between 8 a.m. and 5 p.m. may inspect the pro- posed Ordinance, Monday through Friday, at the Office of the City Clerk at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327-1800 #227. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Depart. ment Coordinator, 48 hours in ad. vance of the meeting at (407) 327- 1800, Extension 236. This is a Public Hearing. If you decide to appeal any recommendation/decision made by the City Commission with re spect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure thaf a verbatim record of the pro- ceedings is made upon which the appeal is based. COR L5135649 7/13/03 OLSL5135663 7/17/03 CITY OF WINTER SPRINGS REPEAL OF PRIOR ORDINANCE The city of Winter Springs proposes to adopt the follow- ing Ordinance, as stated be low: ORDINANCE NO. 2003-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RE- PEALING ORDINANCE NO. 545 AND RESOLUTION NO. 720, PROVIDING FOR THE DISSOLUTION OF THE COUNTRY CLUB VIL- LAGE STREETLIGHT MAINTENANCE DIS- TRICT, PROVIDING FOR THE DISCONTINUATION OF THE LEVY COLLEC- TION AND ENFORCE- MENT OF NON- AD VALO- REM ASSESSMENTS BY THE COUNTRY CLKUB VILLAGE STREETLIGHT MAINTENANCE DIS- TRICT, PROVIDING FOR NOTIFICATION TO CER- TAIN LOCAL AND STATE GOVERNMENTAL ENTI- TIES, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDI- NANCES AND RESOLU- TIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EF- FECTIVE DATE. A Public Hearing for the Second Hearing of proposed Ordinance No. 2003-002 will be held on July 28, 2003 at 6:30 pm or soon thereafter, at the commission cham- bers, City of Winter Springs City Hall, 1126 East State Road 434, Winter Springs, Florida, Interested parties may be heard regarding this matter. PUBLlC HEARING FOR THE 2ND READING ON PROPOSED ORDINANCE 2003-18 WILL BE HELD ON MONDAY. JUNE 9, 2003 AT 6:30 P.M. IN THE COM- MISSION CHAMBERS LOCATEDAT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WIN- TER SPRINGS. FLORIDA Interested parties between 8 a.m. and 5 p,m. may inspect the proposed Ordinance, Monday through Friday, at The Office of the City Clerk at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327-1800 #227. Persons with disabilities needing as- sistance to participate in any of these proceedings should contact the Employ- ee Relations Department Coordinator, 48 hours in ad- vance of the meeting at (407) 327-1800, Extension 236. This is a Public Hear- ing. If you decide to appeal any recommendation/deci- sion made by the City Com- mission with respect to any matter considered at this meeting, You will need a re- cord of the proceedings, and for such purposes, you may need to ensure that a verba- tim record of the proceed- ings is made upon which the appeal is based, (ORL5135649 July 13, 20030 LS L