Ordinance 266GADINAN~L ND. a6 6
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FLOHIUANAPAOVIUINGL£'ORTACQNISI'P ION O
PROVtMENTS A SION O
WOHI(E SYSTEM A OSEU StWEA
SYS'PEMTO ONGw00U, FLOAIOA,
EYISSUANCF OF $36,Ga~
S}:WE'AES E CITY
OF L WOOUM F PHOVIUINGFF R THE
CERTAINYC VENiil:TEEAND AGREEMENTSUINTHAT
CONNECTION.
161.931, Florida Statutes, and other applicable provisions
of Law, the City of Longwood has heretofore enacted an
ordinance under date of October 5, 1995, levying a tax on
each and every purchase o£ electricity, metered or bottled
gas (natural, Liquified petroleum gas or manufactured), Ovate
servrce and telephone sezvrce wrthin the corpora to Limits of
the City, in the amount as provided in said ordinance o£ the
been pledged to the payment of waterworks system improvement
note dated r 10 , 1969, now ovtstand inq in the
amount of 591,263.]6 The said waterworks system
improvement note was authorized by ordinance No. 221 enacted
City Erom the operation of the system have not been her
pledged or hypothecated except that the revenues of the
system have been pledged to the payment of waterworks s
rmp vement note dated vember to 1969, now out
rn the amount of $91,?63.16 The said waterworks
to thrs ordinance will be paid solely from the revenue
resulting £rom the opera Lion of the waterworks system and the
water utilities servrces taxes, and it will never be necessary
or authorized to levy taxes on any real pcoperty in said City
to pay the p nc ipal of and interest on the sewer system
improvement note to he issued pursuant to this ord rnance, and
the sewer sys em improvement note, issued pursuant to this
ordinance, shall not constr tote a lien upon any of the
properties of the C.i.ty of L good, Florida, except said water
utilities services taxes and the revenues derived from the
City's water system, ano said sewer system improvement note
shall not be a genet al obligation of the City p yable from
any source other than set forth in thas ordinance.
E. The revenues to be derived from the
system together w.i.th the water utilities servrc es taxes will
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operation and maintenance of the said system
G. it rs deemed necessary and desirable
to pledge the revenues of the system to the payment of the
principal of and interest on the sewer system improvement note
herein authorized.
N 3: DEFINITIONS. The following terms shall
have the following meanings in this ordinance unless the text
otherwise e p ssly requires:
A. City" snail mean the City of
Lo ngwood, Florida.
B. "Act" shall mean Chapter 9825, Laws
of Florida, Acts of 1923, as amended, Section 16].431, Florida
Statutes, City of N w Smyrna B ach v of Florida, 132 So.
2d 151, and all other applicable laws of the State of Florida.
C. Water System Note" shall mean the
5125,000 Waterworks System Improvement Note issued pursuant to
orarnanee No. 221, ana the interest thereon.
$36,000 Sewer System Improvement Note authorized by this
waterworks system and the sewer system of the City together
with any and all improvements, extensions and additions
thereto hez eafter constructed or ac guired, and shall include
equipment and all property, real or personal, tangible or
intangible now or Mereaf ter owned or u.s ed by said City in
connec to on therewith.
system shall mean all £ees, charges, receipts and rents or
other income received by the City from the operation of the
system or accrued to the City or to any other board or agency
of the City in control of the management and operat.i.on of said
system.
c, cost of operation and maintenance
of the system shall mean the current expenses, paid or accrued,
of operation, maintenance and repair of the system, and shall
include insurance premiums and engineering expense, but shall
exclude any reserves for renewals, replacements and extraordina
repairs and any allowance for depreciation.
and pursuant to the ordinance enacted by the city Council of
said City on October 5, 1995.
I. Words importing singular number shall
include the plural number in each case and vice versa, and
words importing persons shall include firms and corporations.
SECTION 4: AUTtlOAIZAT ION OF ACQUISITION OF PROJECT.
There is hereby authorized the acquisition of the site for the.
project pursuant to the plans and specifications of the City
g ee , presently on file or to be tiled with the City
Clerk. The cost of the acquisition of the sv to for the project
is estimated at 555,000 and a portion of which shall be paid
out of th p ce eds of the sewer y tem p vement note herein
autnorized. Such cos n addition to the items set forth
vn the plans and specifications, m y ncl ude but need not be
limited to the a q sv tion of any lands or interest there.i.n
or y The properties deemea necessary or convenient therefor;
enyi nee ring, legal, financing e p ses, expenses for estimates
of costs ano of revenues, expenses for plans, specifications
ano surveys; the fees of Fiscal agents, financial advisors
authorized to be issued hereunder by those who shall hold the
same from tome to time, this ordinance shall be deemed to be
SECTION 6: AGTNORIZATION OP NOTE. Subject and
p scant to the provisions of this ordinance, obligations of
the City to be known as Sewer System I p vement Note" herein
sometvmes referred to as "Sewer System Note vs hereby
authorized to be issued in the aggregate principal amount of
1`kiI RTY SI% Tkt005AN0 DOLLARS (536,000.00), together with
rnterest at the rate of four p cent (48) per annum.
TION ]: DESCRIPTION OF NOTk.. The said note, as
above-described, shall be dated the day oS ,
A.D., 19J1, and shall be in the form of the note attached
hereto as Exhibit "A vncorporated herein and made a part
hereof by reference. .Such note shall be payable as to both
p ncipal and interest at the SOUTH SEMINOLE BANK, Fern Park,
Florida.
SECTION d: EXLCD'PION OF THE NOTE. The sewer system
note shall be executed in the name of the City by the M y
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an
coun
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erk and its corporate seal
a£f fixed [hereto. ahe note may be signed and sealed on behalf
of the City by such p son who at the actual tome of the
executron of such note shall hold the proper office in the
City, although at the da to of such note such person may not
have held such office or may not have been authorized,
p video, however, in the event the office o£ Mayoe shall be
vacated or the Mayor shall be absent or incapacitated, then th
Chairman of the City Council as Act g Mayor is hereby
e
authorized to execute the sewer system note pursuant to the
authority of Chapter 165.10, Florida Statut , and Ordinance
No, 40 of the C y.
SECTION 9 NOTE NOT TO HE INDEBTEDNESS OF THE CITY.
The note herein authorized shall not be or constitute an indeb
edness of the City within the meaning of any cons tv tutvonal,
statutory or charter limitation of indebtedness, but shall be
payable solely from and secured by a prior lien upon llie water
utilities services taxes and the revenue of the system provide
therefor in this ordinance, subject to the prior waterworks
system improvement note, No holder o£ the note shall eve[ hav
the r g to comyel the exercrse of the ad valorem taxing powe
of the City or taxatvon vn any form on real property therein f
payment thereof or be entitled <o payment of said note from an
other funds of the City except from the revenue from the syste
and from the water utilities services taxes.
SECTION 10: NOTE SECURES BY PLEDGE OF REVENUES OF
SYSTEM AND WATER tIT2L2T IES SERVICES TA%EE. The payment of the
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debt of the note rssved hereunder shall be secured by a pledge
of and a lien upon the revenue of the system and the water
utilities sere rces taxes, subject to the prior waterworks
system improvement note. The City does hereby ix revocably
pledge such revenues to [he payment of the principal of and
ante rest on the note rssued pu.r suant to this ordinance, subject
to the prior waterworks system improvement note.
rnter es t. of the sewer system note rs outstanding, rt will not
create or permit to be created any charge or lien on the
r ev enves thereof rank inq equal or prior to the charge or lien
C ON 12: -ISPOSIT ION OF SYSTEM. The City
covenants and agrees that so Song as the sewer system note rs
outstanding, the City covenants and agrees with the holder of
marntarn and collect such schedule of water sates and charges
as may be necessary for the payment of the sewer system note,
the prior waterworks system. improvement note, and the cost of
operation and maintenance of the system.
SECTION 14: l10-IFICATION AN- AMENDMENT, No material
modification or amendment of this ordinance oe of any
ordinance amendatory hereof or supplemental hereto, may be
made without the consent rn writing of the holder of the sewer
CTION 15: sEVEAABTLSTY, If any one or more of
the covenants, agreements or provisions of this ordinance
should be held contrary to any express provision of law or
contrary to the policy of express law, though not exF=essly
prohibited, or g ns public policy, or shall for any reason
whatsoever be held invalid, then such covenants, agreements or
provisions snail be null and Vo rd and shall be deemed s p ate
from the remaining covenan agreements or p=ovi sions, and
in no way affect the validity of all the other provisions o£
this ordinance or of the note issued thereunder.
SECTIOiv 16: %PLAL OF CONFLICTING ORDINANCE. All
ordinances or parts of ordinances in conflict hez ewi th are
hereby repealed.
F 1]: EFFECTIVE DATE. This ordinance ahall
take effect immediat y upon its final p g an a on.
PASSED AND ADOPTED this ~~,eh dayaof ~G {bdGP2_
A. 19"!1.
FIRST ALADIN rx ~ hez /gam /97/
sDCaND AEADTNC: !x~ 6eae. ~-i /97/
VICE- aI~e ~e City C cil
f h Y City of ongwood, Florid
this ~~
dayAO£E NVUCm beat ~, .D~, 1955-
O~~f~.
o£ the City of
Long`wood,yFlorida
~l~l~J
$36,000.00
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KNOW ALL MEN BY TRF.SE PRESCNTS, that the CITY OF
LONGWOOD, a municipal cox pora tion in Seminole Covn ty, Floc ida,
(hereinafter called "City"), for value received, hec eby
promises to pay to the SOUTH SEMINOLE BANK, Fexn Pazk, Florida,
the principal sum of THIRTY SI% THODEAND DOLLARS ($36,000.00),
together with interest thereon from the date hereof at the
rate of four percent (481 per annum, solely Erom the special
funds hereinaftez mentioned, in the following manner. The
CITY shall pay equal monthly installments of principal in
the amount of SIX EDNDRED DOLLARS ($600.00), plus interest at
the rate o£ four percent (487 per annum on the then outstanding
principal balance, the first said principal installment, plus
interest, commencing thicty (30) days after the date of this
Note, and cont.inuinq thereafter until this obligation is paid
in full.
Bath principal of and interest on this Note are
payable in lawful money of the United States of America at the
SOUTH EEMINOLE BANK, Fern Park, Florida.
This Note is issued pursuant to the Constitution and
Laws of the State of Florida, particularly pection 169.01,
Florida Statutes, the Charter of the City of Long ood, and
the following proper action of the City Council: Ordinance
No duly adopted on the _ _ day of
L9J1, and Resolution adopted on the day of
19J1. This Note is payable as to pzinc ipal and interest
solely from and secured by a prior lien upon and a pledge of
(1) all revenues resisting from the operation of the waterworks
system, both present and future, of the CITY, and (2) all
water utility tax collected on said water revenues. Subject
to prior lien o£ chat certarn waterworks improvement system
note rssued pursuant to Ordinance No. 221, of the City adopted `
September 11, 191. Reference is made to the Bard ordinance
and resolution for the provisions relating to the security of
this note and the duties and obligations of the CITY.
This note r payable solely from and secured by lien
upon and a pledge o£ the water utilities servvices taxes and
t}~e revenue derrved from the operation of the waterworks
that such holder shall never have the right to zequize to compel
the exercrse o£ the ad valorem taxing power of the CI r
taro tvon vn any form of any real property therein, to pay such
principal or interest thereon, or be entitled to payment of
such p n pal and interest from any other fund of the CSTY
except from the revenue derrved from the operation of the
system and the water utrlrtr es servvices taxes. This note shall
not cons tr tute a lien upon the waterworks system or any part
thereof or upon any other property of or rn the CSTY, but shall
cons tv tute a lien only on the revenue derrved from the operation
of the system and the water utilities servvices taxes.
This note is reaeemable at the opt on of the CI ,
at any tome, for the then u p p n pal balance and acs sued
rnt eres t; provided, however, that wrrtten notrce of such
redemption shall have been given to the BnNK at least ten (LO)
days prior to the date of redemption.
St is hereby certified and rec rted that all ac ,
conditions and things required to exvst, to happen and to be
performed precedent to and in the issuance of tfi is note, eras t,
nave appened and have bee performed in regal ar and due form
and trme as q red by the Constitution and Laws of the State
~f Florida applicable thereto, and that the issuance of this
Tote does not violate any cons titutronal oc statutory
limitation.
xw wxTwcss wac~.o ene cxxx or Ioncwooo, rcoxxDa,
has issued this note and has caused the same to be signed by
its kcting Mayor, and the cos pocate seal of the CITY to be
impressed hereon, and attested by its City Clerk, all as of
t day of .D., 19]1.
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