HomeMy WebLinkAbout2003 07 28 Public Hearings A Second Reading - Ordinance 2003-02 Dissolves the Tuscawilla Country Club Village Streetlight Maintenance District
072803 Commission Meeting
Public Hearing A
Ordinance 2003-02 CCV
Page I of2
COMMISSION AGENDA
ITEM A
Consent
Informational
Public Hearing X
Regular
July 28,2003
Meeting
Mgrk Dept~
Authorization
REQUEST: City Manager requesting the City Commission to approve the Second
Reading of 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, Inc. to assume such
responsibilities.
072803 Commission Meeting
Public Hearing A
Ordinance 2003-02 CCV
Page 2 of2
CONSIDERATIONS:
The Commission approved the First Reading of Ordinance 2003-02 on April 28, 2003
and authorized a Second Reading at a future date.
As directed, Section 8 of the Ordinance was modified to include the effective date of
"December 31, 2004 and pursuant to City Charter".
The hand off would occur as follows:
. The City would bill the residents for the last time via the tax bill November 2003
and make corresponding streetlighting payments in calendar year 2004 (November
2004 bill paid in December 2004 by City).
. The HOA would arrange to bill their residents and begin paying the streetlighting
bills in January 2005 - they would begin by paying the December 2004 bill in
January 2005.
. Leftover monies in the CCV Streetlighting fund after payment of the November
2004 bill in December 2004 will be remitted to the HOA by December 31,2004.
RECOMMENDATIONS:
It is recommended that the Commission consider approval of Second Reading of
Ordinance Number 2003-02.
ATTACHMENTS:
Ordinance Number 2003-02 as amended.
COMMISSION ACTION:
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 un"iformly 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.
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
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ORDINANCE NO. 141
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), apd 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 provision
be made for the improvement, operation, maintenance and repair of
the street lighting with the Tuseaw~Lla Country Club Village
subd-iv-ision.;. 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 o~
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;
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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. Governinq 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.
authorized by law
accomplishment of
following:
Powers. The District shall have all powers
necessary, convenient or proper, to the
its purpose, including but not limited to the
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(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
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To levy, collect and enforce non-ad valorem
assessments pursuant to section 197.3632,
Florida Statutes, and Chapter 12D-18, F.A.C.
To sue and be sued, implead and be impleaded,
complain and defend in all courts in its own
name.
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.
To enter into interlocal agreements
authorized by the provision of ~163.01, Fla.
stat., for the purposes therein expressed.
To adopt and use a seal and alter the same.
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.
To enforce the collection of special
assessments by foreclosure or other means
authorized by law.
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.
To contract or expand the boundaries of the
territory to be maintained and to be affected
by and subject to the special assessments.
To merge with other districts.
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(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.
(1) 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.
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(c)
(d)
(e)
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(b)
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Agreements with Property 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.
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.
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.
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
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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 ADOPl'ED this :l.J4iday of 1N.y ,A.D., 1993.
CITY S RINGS, FLORIDA
By:
Attest:
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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
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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-
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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 :J.o~ day of {} ~ )
CITY OF WINTER SPRINGS, FLORIDA
, 1993.
ATTEST:
MAYOR
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CITY CL
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone: (407) 327-1800
Fax: (407) 327-4753
Websile: www.winlerspringsfl.org
July 31,2003
Ms. Collen Castille, Secretary
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, F132399-2l00
Dear Ms. Castille,
In accordance with Florida Statutes 197.3632, attached is a certified copy of the following
Ordinance from the City of Winter Springs:
. Ordinance Number 2003-02
This Ordinance was officially adopted on July 28, 2003. Please feel free to contact me if
I can be of further assistance.
o-Luaces, CMC
Attachment
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone: (407) 327-1800
Fax: (407) 327-4753
Websile: www.winlerspringsfl.org
July 31,2003
Mr. H.W. "Bill" Suber, CFA, ASA
Property Appraiser
County of Seminole
1101 East First Street
Sanford, Florida 32771
Dear Mr. Suber,
In accordance with Florida Statutes 197.3632, attached is a certified copy of the following
Ordinance from the City of Winter Springs:
. Ordinance Number 2003-02
This Ordinance was officially adopted on July 28,2003. Please feel free to contact me if
I can be of further assistance.
Sincerely,
CITY OF WINTER SPRINGS
cL
Andrea
City Clerk
Attachment
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone: (407) 327-1800
Fax: (407) 327-4753
Websile: www.winterspringsfl.org
July 31,2003
Mr. Ray Valdes
Tax Collector
County of Seminole
1101 East First Street
Sanford, Florida 32771
Dear Mr. Valdes,
In accordance with Florida Statutes 197.3632, attached is a certified copy of the following
Ordinance from the City of Winter Springs:
. Ordinance Number 2003-02
This Ordinance was officially adopted on July 28, 200~. Please feel free to contact me if
I can be of further assistance.
Sincerely,
C TY OF WINTER SPRINGS
Attachment