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Home My WebLink AboutOrdinance 2007-19 Emergency Sunset Provision ... ORDINANCE NO. 2007-19 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA EXTENDING THE SUNSET PROVISION SET FORTH IN ORDINANCE 2006-08, AS AMENDED BY ORDINANCE 2006-22, FOR AN ADDITIONAL THREE (3) MONTHS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission previously adopted Emergency Ordinance 2006-08, as amended by Ordinance 2006-22, which is due to expire before the City Commission can consider more permanent regulations; and WHEREAS, the City Commission desires to extend the sunset provision set forth in Ordinance 2006-08, as amended by Ordinance 2006-22; and WHEREAS, the City Commission of Winter Springs also finds that this Ordinance is 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. Extension of Sunset Provision. The sunset provision set forth in Section 5 of Ordinance 2006-08, as amended by Ordinance 2006-22, is hereby extended an additional three (3) months. Section 2. Not Incorporated Into Code. This Ordinance shall not be incorporated into the Winter Springs City Code. Section 3. 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 4. Effective Date; Termination. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs and as provided by City Charter. [Adoption Page Follows] City of Winter Springs Ordinance 2007-19 Page 10f2 . ADOPTED by the City Commission of the City of Winter Springs, Florida, this 23rd day of April, 2007. ~i&J ATTEST: to legal form and sufficiency for inter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Ordinance 2007-19 Page 2 of2 Orlando Sentinel RE'CE""ISD MAY f 1 2007 Published Daily ~tate of jflortba } 5.5. COUNTY OF ORANGE CITy ()F WIN Finance r:Jef::R I3.PRINGS Clartrnent Before the undersigned authority personally appeared Rnr.hael Washington , who on oath say's that he/she is the Legal AdvertisinQ Representative of Orlando Sentinel, a dally newspaper published at AltamOnte ::;prmgs in ~A11; no 1 AI ()rnngp , T" . . If Co I 'jl!Oty/. ,F!9~iqa; that the attached copy of agve~isement, being a Nl) I J. t. t. L' .. l:,t-\r1 ",\1", in the matter of ~ ()rlk 'Porp!';r ;l>.!';!';p!';!';Tnpnt: ;l>.rf~n in the SA11; no 1 p!Or;:mCJF' was published in said newspaper in the issue; of C: ,') ,. 0 (;./ U Court, Affiant further says that the said Orlando Sentinel is a newspaper published at AStomorrre ~rin~s ,in said em.no el anq County, Florida, and that the :;aidne}'l!spaper has heretofore been continuously published in said Sem.nole/Oranqe County, Florida, each Week Day and has been ,entered as second-class mail matter at the post office in Al tarronte SprmqS in said County, Florida, for a perio 0 one ear 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. day of (SEAL) ( .' V: . ,}~tl: /~ '<':',~~\ ' <"',;Ill..\'\; .;.;.. R--,t~' ~,l~.'-, ;:- ,........a. ...............-...'- .- or' <<::. :; &oo~CC"~O'~ , ~J/? (l)\i -w h'" .I /) I (S '" -... NOTICE OF HEARING TO INCREASE CAPITAL AND MAINTENANCE ASSESSMENTS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA, WILL CONDUCT A PUBLIC HEAR- ING TO CONSIDER INCREASING THE CAPITAL ASSESSMENTS IMPOSED IN THE OAK FOREST ASSESSMENT AREA, AS SHOWN ABOVE, FROM $71.00 PER BENEFIT UNIT TO $72.00 PER BENE- FIT UNIT AND INCREASING THE MAINTENANCE ASSESSMENTS IMPOSED IN THE OAK FOREST ASSESSMENT AREA, AS SHOWN ABOVE, FROM $40,82 PER BENEFIT UNIT TO $63,00 PER BENE- FIT UNIT. THE PUBLIC HEARING WILL BE HELD AT 5:15 PM ON MAY 29, 2007, IN THE CITY HALL - COMMISSION CHAMBERS, WINTER SPRINGS, FLORIDA. IN ACCORDANCE WITH THE A. MERICANS WITH DISABILITIES ACT, PERSONS NEEDING A SPECIAL ACCOMMODATION OR AN INTERPRETER TO PARTICI- PATE IN THIS PROCEEDING SHOULD CONTACT THE CITY CLERK'S OFFICE AT (407) 327-1800 EXTENSION 227 AT LEAST 48 HOURS PRIOR TO THE DATE OF THE HEARING, ALL AFFECT- ED PROPERTY OWNERS HAVE A RIGHT TO APPEAR AT THE HEARING AND TO FILE WRITTEN OBJECTIONS WITH THE CITY COMMISSION WITHIN 20 DAYS OF THIS NOTICE. IF YOU DE- CIDE TO APPEAL ANY DECISION MADE BY THE CITY COMMIS- SION WITH RESPECT TO ANY MATTER CONSIDERED AT THE HEARING, YOU WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD IS MADE, INCLUDING THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE ASSESSMENTS ARE IMPOSED TO FUND CAPITAL AND MAINTENANCE COSTS FOR THE PRIVACY WALL SERVING THE OAK FOREST ASSESSMENT AREA. THE PROJECT IS RE- FERRED TO AS THE OAK FOREST SUBDIVISION WALL. THE AS- SESSMENT FOR EACH PARCEL OF PROPERTY WITHIN THE OAK FOREST ASSESSMENT AREA IS BASED UPON THE PAR- CEL'S PROXIMITY TO THE PRIVACY WALL MEASURED IN "BENEFIT UNITS." THE ASSIGNMENT OF BENEFIT UNITS IS BASED ON THE LEVEL OF BENEFIT EACH LOT RECEIVES FROM AESTHETIC AND SUBDIVISION IDENTITY (ALL LOTS), NOISE ABATEMENT (LOTS WITH THE MAJORITY OF THEIR AR- EA WITHIN'600 FEET OF THE OAK FOREST SUBDIVISION WALL) AND GLARE ABATEMENT (LOTS THAT ABUT THE OAK FOREST SUBDIVISION WALL), A MORE SPECIFIC DESCRIPTION IS SET FORTH IN THE INITIAL ASSESSMENT RESOLUTION, Fl. NAL ASSESSMENT RESOLUTION AND AMENDING RESOLUTION ADOPTED BY THE CITY COMMISSION ON APRIL 10, 2000, MAY 10, 2000 AND SEPTEMBER 20, 2004, RESPECTIVELY. COPIES OF THE INITIAL ASSESSMENT RESOLUTION, FINAL ASSESSMENT RES- OLUTION, AMENDING RESOLUTION, THE PLANS AND SPECIFI- CATIONS FOR THE PROJECT, AND THE ASSESSMENT ROLLS ARE AVAILABLE FOR INSPECTION AT THE OFFICES OF THE CITY MANAGER, LOCATED AT 1126 EAST STATE ROAD 434, WIN. TER SPRINGS, FLORIDA. ANNUAL CAPITAL ASSESSMENTS, FOR UP TO 30 YEARS, AND MAINTENANCE ASSESSMENTS, FOR THE LIFE OF THE PROJ- ECT, TO FUND THE OAK FOREST SUBDIVISION WALL ARE BE- ING COLLECTED ON THE AD VALOREM TAX BILL AS AUTHOR- IZED BY FLORIDA STATUTES 197.3632, COMMENCING WITH THE TAX BILL MAILED IN NOVEMBER 2000. IF YOU HAVE PREPAID THE CAPITAL ASSESSMENT, YOU WILL NOT BE SUBJECT TO THE CAPITAL ASSESSMENT IMPOSITION, FAILURE TO PAY THE ASSESSMENTS WILL CAUSE A TAX CERTIFICATE TO BE ISSUED AGAINST THE PROPERTY WHICH MAY RESULT IN A ~ LOSS OF TITLE. FUTURE ANNUAL CAPITAL ASSESSMENTS MAY BE PREPAID AT THE OPTION OF THE PROPERTY OWN- ER. HOWEVER, FUTURE ANNUAL MAINTENANCE ASSESS- MENTS MAY NOT BE PREPAID, IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE CITY 9,I"_YV!~_~~_~ ~P,~~,G_S_UR!l_!l.N BEAUTIFICATION MANAGER AT Orlando Sentinel RECEIVED MAY 1 f 2007 Published Daily ~tate of jf10rtba } 5.5. COUNTY OF ORANGE CITy Of" WINTE.R Sf> Finance Departme'::t'GS Before the undersigned authority personally appeared Rt=lr.lvlP-l Wt=lSthh; ngt:.on , who on oa say's that he/she is t~e Legal A~~n~r~t5:P~~es of Or1ando ~entinel, a dal1~ newsP?per published at . County.fJqrigl:1-;, SAn 1 no 1 P- /Ort=lngp-. . i I. (c: "'\\ ~'J I! I t\ l'; :;:, '::lX,:. ~;;:ci h that the attached copy of ~2~'1!~eBl~!l!' b~ng a ' '11~ t' ~!=:!=:;~!=mlF>nt- ~ rPR in the matter of ~ :.L!l!=:t:t=lWl _ _ _ _ in the SAn; nolp-/Or;mgp- '. G :~, / 0,:'. il i was published in said newspaper In the Issue; of Court, Affiant further says that the said Orlando Sentinel is a newspaper publis,hed ~dt ~. S , In sal As~Bt~1 aAij~ CountY.,Florid~, d that the said newsDaQ~r has heretofore been continuously publlshe~ m an. seminole/urange County, Flonda, said h Week Dav and has been entered as second-class mail matter at th~ po?t ea.c. Ai tamonte SprJ.ngs In said office In , County, Florida, SP.ITIlnnlp/Ort=lngp . . f th tt h d for a period of one year next preceding the first publication 0 e. ~ ac ~d copy of advertisement; and affiant further says ~hat he/she.has nelt ert~1 nor promised any person, firm or corporatl~n any dlscou.nt, re taf e, commission or refund for the purpose curmg this advertlsemen or publication in the said newspaper. day of \..o-yl;~ (SEAL) .. \~ ~; ~ .w _. ~TI lTSCA WILLA ASSESSMENT AREA A WIN'n:R SPRINGS, FLORIDA ~~i~~S~I~~ ~~~~E~\N~~NVeW:~~E ~~~~~~r.l1~lC~~lsH~~I~~ CAPITAL AND MAINTENANCE ASSESSMENTS FOR PHASES I AND II Notice is hereby giyen that the City Commission of Winter Springs, Florida, will conduct 0 public hearing to consider increasing the Capitol Assessments imposed in the Tuscawilla Assessment Area _ Phase I, from $42.18 per Equivalent Residential Unit to $43.00 per Equivalent Residential Unit, combining the Maintenance Assessments imposed in the Tuscawilla Assessment Area - Phases I and Ii, of $67.82 per Equivalent Residential Unit for Phase I and $48.00 per Equivalent Residential Unit for Phase Ii, for a combined total of $115.82 per Eaulvalent Residential Unit, and in- creasing the newly combined Maintenance Assessments imposed in the Tuscawllla Assessment Area - Phases I and I I, from ~1l5.82 per Equiv- alent Residential Unit to $128.00 per Equivalent Residential Unit. The Cap- ital Assessments Imposed in the Tuscawilla Assessment Area _ Phase Ii, will remain unchanged at $17.00 per Equivalent Residential Unit. The pub- lic hearing will be held at 5:15 PM on May 29, 2007, in the City Hall _ Com- mission Chambers, Winter Springs, Florida. In accordance with the A- mericans with Disabilities Act persons needin~ a special accommodation or on interpreter to participate in this proceeding should contact the City Clerk's office at (407) 327-1800 extension 227 at least 48 hours prior to the gftfh~f ht~~r~~ar~~a' t~lIfl~~fe:;;T~trr:1~~\ig~n~i~hh~~~ ~ir~g'l!o~~rfs'ig~ within 20 days of this notice. If vou decide to appeal any decision made by the City Commission with respect to any matter considered at the hear- ing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, inClUding the testimony and evidence up- on which the appeal is to be based, The Tuscowilla Improvement and Service Area - Phase I was created to fund capitol and maintenance costs for wing walls, median Assessments, street lights and street monuments within that area. The Tuscawilla Im- provement and Service Area - Phase Ii was created to fund capital and maintenance costs for the removal of existing street signage and street- lights and installation of new decorative street lampposts and signage along the collector roods within the Tuscawilla (Phase Ii) Improvement ~t~~erIT~~i~ea~rT~stJ~~e':~:~Jr~7iJ:~~~:t T~~~i~gst;t~~~t sf~~~~~eiS a~~ ferr~~ ~~s~~st~~Jtu~~~~~~h (~~~~~llb\ ~'Pg~~~f~~1\J~01~~\uscawilla (Phase I and Ii) Assessment Area is based upon the number of residen- tial dweillng units per parcel of property measured in Equivalent Resi- dential Units "ERUs." The assignment of ERUs is based on the level of benefit each lot receives from aesthetic beauty and enhanced safety as a result of the Tuscawilla (Phases i and Ii) Improvement Projects. A more specific description is set forth in the Tuscawilla Assessment Area (Phase I) Final Lor.allmp;ovement Assessment Resoiution Number 99-887 (dated August 9,1999), the Tuscawilla Service Area (Phase I) Final Local Serv- ice Assessment Resoiution Number 99-888 (dated August 9, 1999) and the Final improvement Assessment Resolution and Maintenance Assessment Resolution for the Tuscowilla (Phase Ii) Assessment Area Number 2005- 43 adopted bv the City Commission on August 9, 1999, August 9, 1999 and November 14, 2005, respectively. Copies of the Final Assessment Resolu- tions, the plans and specifications for the project, and the preliminary as- sessment rolls are available for Inspection at the office of the City Clerk, located at 1126 East State Road 434, Winter Springs, Florida 32708. Annual capitol assessments, for UP to 30 vears, and maintenance assess- ments, for the i1fe of the project, to fund the Tuscawilla (Phase I) Im- provement Project and the Tuscawilla (Phase Ii) Improvement Project are being coliected on the ad valorem tax bill as authorized by Florida Statutes 197.3632, commencing with the tax bills to be mailed in November 2000 and November 2006, respectively. If you have prepaid the capital as- - sessment portion for a Particular phase, yOU will not be subject to future capital assessments for such phase. Failure to pay the assessments will cause a tax certificate to be issued against the property which may resuit in a loss of tille. Future annual capital assessments may be prepaid at the . ~f!l~^~L t~_.~r':l!'~~tv owne~.. However, future annual mnintj:lnnnrA ....,,_ TUS TO