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Home My WebLink About2003 03 10 Public Hearings B First Reading - Ordinance 2003-02 Dissolves the Tuscawilla Country Club Village Streetlight Maintenance District COMMISSION AGENDA .- March 10. 2003 Meeting Consent Informational Public Hearing X Regular ITEM ,B rv-- ~ 'I"/b) Mgr. / Att. / Dept. REQUEST: The City Manager requests that the City Commission consider for first reading Ordinance No. 2003- 02, which repeals Ordinance No. 545 and dissolves the Tuscawilla Country Club Village Streetlight Maintenance District ("District") pursuant to Section 189.4042, Florida Statutes. The proposed ordinance also dissolves Resolution No. 720, and discontinues the levy, collection and enforcement of non-ad valorem assessments by the District as provided under Section 197.3632, Florida Statutes. PURPOSE: 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. Resolution No. 720 was concurrently adopted and empowered the District to levy, collect and enforce non-ad valorem assessments within its service area pursuant to Section 197.3632, Florida Statutes, for such purposes. The City now seeks the dissolution of the District pursuant to Section 189.4042, Florida Statutes, in order to allow the Country Club Village of Tuscawilla Homeowners Association, rnc, to assume such responsibilities. Page 1 of 3 APPLICABLE LAW AND PUBLIC POLICY: 1. Section 189.4042, Florida Statutes, 2. Section 197.3632, Florida Statutes. 3. Section 2(b), Article VIII, of the State Constitution, 4, Chapter 166, Florida Statutes. CONSIDERA TIONS: 1. Some members of the Country Club Village of Tuscawilla Homeowners Association, Inc. have indicated their desire to undertake the operation, maintenance and repair of the street lighting within the District, including the undertaking of the existing electric utility account with Florida Power Corporation and to collect any and all necessary assessments to further such purposes. 2. Section 189.4042, Florida Statutes, allows a municipality to dissolve a dependent special district by ordinance, 3. Dissolving the District and transferring the existing utility account with Florida Power Corporation to the Country Club Village of Tuscawilla Homeowners Association, Inc. will absolve the City of Winter Springs from the further administrative burden of overseeing the District's functions currently required under Ordinance No. 545. 4. Section 197.3632, Florida Statutes, permits the District to levy, collect, and enforce non-ad valorem assessments for the operation, maintenance and repair of street lighting within the District. In addition, between June 1 and September 15 of each year, the District is required to adopt and certify an Assessment Roll to be provided to the Seminole County Tax Collector's Office pursuant to Chapter 197, Florida Statutes, and Resolution No. 720, 5. Dissolution of the District and Resolution No. 720 will ensure the discontinuation of the levy, collection and enforcement of non-ad valorem assessments and alleviate any further responsibilities of the District to provide such records and rolls to the Seminole County Tax Collector's Office pursuant to Chapter 197, Florida Statutes. 6. Notification of the District's dissolution will be provided to the Florida Department of Community Affairs and the Seminole County Tax Collectors Office pursuant to Chapters 189 and 197, Florida Statutes, respectively, to further such purposes. Page 2 of 3 STAFF RECOMMENDATION: The City Manager recommends the City Commission approve Ordinance No. 2003-02 for first reading and schedule for second reading and public hearing, A copy of this agenda item and proposed Ordinance No. 2003-02 have been provided to the Country Club Village of Tuscawilla Homeowners Association, Inc. via certified mail, return receipt, for its consideration and review and as notice of the City's intent to dissolve the District effective in 2004, ATTACHMENT: Ordinance No. 2003-02. COMMISSION ACTION: F:\Docs\City of Winter SpringslAgendalAgendaA Streetlight_Maintenance, wpd Page 3 of 3 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 DISCONTINUA TION 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 Country Club Village of Tuscawilla Homeowners Association, Inc. has indicated its desire to undertake the operation, maintenance and repair of the street lighting within the District, including the undertaking of the electric utility account with Florida Power Corporation, and the City has indicated its intentions to dissolve the District and absolve itself of such matters; 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. no 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 2004. 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 Section 197.3632, 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. 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. City of Winter Springs Ordinance No, 2003-02 Page 2 of3 Section 8. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida 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 _ day of , 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: Second Reading: Effective Date: F:\Docs\City of Winter Springs\Ordinances\CountryClub VillageDistrictRepeal, wpd City of Winter Springs Ordinance No, 2003-02 Page 3 of3