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Ordinance 297r ORDINANCE No, 7 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING ORDINANCE NO. 143 OF SAID CITY, SAID ORDINANCE BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF LONGWOOD, FLORID", SAID AMENDMENT CHANGING THE ZONING OF CERTAIN TERRITORY FROM R-1 RESIDENTIAL TO B-1 BUSINESS DISTRICT; PROVIDING CONFLICTS AND EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS: SECTION 1: That Ordinance No. 143 of the City of Longwood, Florida, passed and adopted the 4th day of Becembex, 195B, and as amended, aid Ordinance being tbC Comprehensive ..oning Ordinance of the City of Longwood, Florida, regulating end restricting the use of bnildings, structures and Land fox trade, industry, residence, or other purposes, be and the same is hereby amended as follows: The North 100 feet of the South 400 feet, right angles to the Northerly right of way Line of State Road No. 434, Section 1, Township 21 South, Range 29 East, Lying North of State Road No. 434 in Block "B", Sanlando Springs Tract No. 4, Plat Book 5, Page 55, If the Public Records of Seminole County, Florida; be and the same is hereby cbD,g,d and transferred from zo ing classification R-1 Residential District to B-1 Business District. SECTION 2: This Ordinance shall become effective immediately upon its passage and adoption. SECTION 3: All Ordinances ox parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: If any section ox portion of a section of this Ordinance proves to be invalid, unlawful or unconstitutional, it sha11 not be held to invalidate 11 impair the validity, force or effect of any other section or pare of this Ordinance. SECTION 5: The amendment of zoning change, as herein provided, shall not become effective until said change is entered upon the Official Zoning Map of the City of Longwood„ Florida, in accordance with the provisions of Oldiinance No 143. PASSED AND ADOPTED this �' w^" day of V'llj� , A.D. 1972. FIRST READING: / 02. _ SECOND READING: % %'/ Z�- _ CHAIRMA f the Ci C uncil of the Cit of Long � d, �Sosida e iF APPROVE HY }MYOR ehis oZ� day of A.D. 1972. MAYOR of the City o£ Longwood, Florida I hereby certify that Ordinance N 297 was paseed & ad.pt.d by tho Longwood City Council, signal by the Mayor & Chairman, posted in throe Public placas within said City to -Wit, Poat Office City Hal & Public Library, n _ Onnie R. Shomate-Longwood City S-0 AN ORDIN, BANCE FLORIDA, DING FOA ADDITIONS, MENTAN -CATCH, FOR IN. ISSUANCE FNATER REVENED SITE 11 Y OF I,ONGWOOD FLORIDA; GHFOAITI S ADD AGENTIONTS IN THAI CONNECTION. BE IT ONCAINEE BY THE CITY COUNCIL GF THE CITY N l: AUTHORITY FOA TR IS OADINA111, This ordinance is adopted pursuant to the provisions of Chapter 9825, Laws of Florida, Acts of 1923, as amended, being the Charter of the City of L g ood, Florida, Section 167.431, Florida Statutes, City of m aoh D. of Florida, 132 So. 2d 151, and other applicable provisions of law. FINDINGS. It as hereby found and determined that: A. The City of b 9 ood, Florida, (hereinafter called the "C y") ow , operates, and maintains water distribution system for the benefit Of its inhabitants. E. It vs necessary Lur the continuedp servation of the health, welfare, convene en nd safety of the City and its inhabitants to construct p vements to the water distribution system (hereinafter referred to as project"), in accordance with plans and specifications now on file with the City Clerk of the City of i.ongwood, F10rida. C. The City has been advised by its engineers that the cost of construction of the project shall be deemed to include all expenses necessary, appurtenant or incidental thereto, including the cost of any land or interest therein or any fixtures or guipment or property necessary or convenient therefor, the cost of labor and materials to c mplete such Constructs engineering and legal expenses, Ei—I —P—.— for estimates of —.- and -- expenses - for PlIt., specifications, and --Y, administration expenses, interest during construction, if any, and all other --y mrscellaneous expenses. D. Pursuant to Ordinance N.. 221 duly I.IItId by the City Council if the City of Longwood, Florida, on V6,382.86. The b,,ld— of said --ik. improvement note has ­—d with the —y for the redemption of said note out of the proceeds from the —t— --, — -- $3Q,600. The -- of said —., system improvement —C previously pledged t, the payment of any .— obligation .f the City, ....Pt that -- have heretofore been pledged by the City to the payment of said outstanding waterworks system improvement note —Id —1— 10, 1969, and said .­b­dj.q sewer system i­--tt ..t. dated N.-- 9, 1971, all of which will b, retired through the issuance of ­— --- —e I-- —th—i-,i. G. That p.—I.t t. said Section 167.431, Florida Statutes, and -h— .­li—ble provisions of — City of Longwood, Florida, has heretofore ..—d an —di—.— Jn" I.— the date of October 5, 1945, levying a tax and every purchase of electricity, metered or bot (natural, liquified petroleum gas or manufactured have been pledged to the payment of waterworks i p vement note dated November 10, 1969, now outstanding in the amount of $77,870.95, and sewer y em improvement note dated November 9, 1971, now outstanding in the amount of $31,200. H. That the principal of and it on the water revenue note to be issued pursuant to this ordinance water revenue note shall not be a general obligation of the Illy PIT—, from any source other than set forth i this ordinance. f. The revenues to be derived from the system toyether with the water utilities services taxes will b sufficient to pay the prrn pal of and interest on the revenue note and the cost of operation and maintenance Of the said system. J. It is deemed necessary and desirable to pledge the revenues Of the system to the payment of the principal Of and interest on the water revenue note herein authorized. N 3: DEFINITIONS. The following terms snail have the following meanings in this ordinance unless the text otherwise expressly requires: A. City" shall mean the City of Longwood, Florida. B. Act sha11 mean Chapter 9525, Laws Of Florida, Acts of 1923, as amended, Section 167.431, Florida Statutes, Cityof N ach v of F rich, 132 So. 2a 151, and all other applicable laws of the State of Florida. C. Water Revenue Note shall mean the $245,000 water revenue note authorized to be issued pursuant to this ordinance ana the i--t there.- C . "System" shall mean the completed waterworks system of the City together with any and all improvements, extensions, ana additions thereto Hereof ter construe tea or acquired, and shall include (without being limited to) all lands or in Lerest therein, plants, buildings, machinery, franchises, pipes, fixtures, equipment, and all property, 1 either real or p sonal, t gible or intangible, now or hereaftar owned or used by said City in Connection thtrewith. E. "Gross Revenues or Revenues of the system shall mean all fees, charges, ' p s and rents or other income received by the City from the op anon Of *..ie system or accrued to the City or to any other board or agency of the City in control of tno ma g ent and operation of said e. Cost of p anon and maintenance o£ the system shall mean the current expenses, paid or aceru f operation, maintenance, and —1— of the system, and shall include 0- insurance C—i— and NDgi.IN,i.g —P—­ but shall —1— any I-- for ---, replacements, and extraordinary ­i— and any All —I, for depreciation. G. —t— Utilities E.-- Taxes shall mean the coxes levied and lbIl—t.d on R— utilities services in said City pursuant t. Section 167.431, Florida Statutes and p,-- to the bidi-- --d by the City Council .f said City on O,—A, 5, 1945. 11. Ob— importing —g.— 0.— —11 include the plural —b— I. each case and vice —i., and RN— importiny ­— —11 i-- -- and —--- SECTION 4; AUTIONIIATIOI OF CONSTRUCTION AND ACQUISITION OF PROJECT. There Is hereby —h—i-I the 5135,000 and —11 be paid out CC the proceeds If the N.— --- N.tO R—I authorized. Such —t, in addition to the It— — forth JDI the p— and specifications, .,y i-- but —d not b, limited to the acquisition If any lands or i-- therein or any Nth— b,ip—ties deemed .N.--ly or --- therefor; engineering, 1­1, financing ­,-17 —p—.1 For —i.— If casts and If revenues, —P-- f., PIA- sp ciEications, and surveys; the fIll If fiscal-— , financial ldlilIll 11 ­N— 1.11tibg solely to the construction and acquisition If the projectprojectand such other ­— as may nec essary ... ry or incidental to the fi—Oil.q authorized by this —Rib,— and the construction and acquisition If IN P—j— 1—b—Ad by this ordinance and the placing of same SECTION 5: ORDINANCE TO CONSTITUTE CONTRACT. In consideration If the acceptance of the note authorized to be issued hereunder by those who shall hold the same from time to time, this ordinance shall be deemed to be and shall constitute a contract between the city and such holder or holders. SECTION 6: AUTHORIZATION OF NOTE. Subject and p suant to the provisions of this ordinance, obligations of the City to be known as Water Revenue Note herein sometimes referred to as Note as hereby authorized to be issued in the aggregate principal amount of TWO HUNDRED FORTY FIVE THOUSAND DOLLARS ($295,000.00), together with ineterest at the rate If five percent (58) per annum. SECTION ]: DESCRIPTION OF NOTE. The said no , as above described, sha11 be dated the 31 st• day of AUK A.D. 1972, and shall be in the form of the note attached hereto as Exhibit 'A incorporated herein and made a p— h .... I by reference. SECTION 8: EXECUTION OF THE NOTE. The note shall be executed in the name of the City by the mayor and countersigned by the City Clerk and its corp ate seal affixed thereto. 'The note may be signed and sealed on behalf of the City by such person who at the actual time of the execution If such note shall hold the proper office in the City, although at the date of such note such person may not have held such office or may not have been so authorized. SECTION 9: NOTE NOT TO BE INDEBTEDNESS OF THE CITY. 'T'he note herein authorized shall not be or constitute an indebtedness of the City within the meaning of any h—titu- tional, stltut y r charter limitation of indebtedness, but shall be payable solely from and secured by a prior lien upon the water utilities services taxes and the revenue of the system p vided therefor in this ordinance. No holder of the note shall ever have the right 10 compel the exercise of the ad valorem taxing power of the City or taxation in any form on real property therein for payment thereof or be entitled to payment If said note from any other funds of the City xcept from the revenue from the system and from the water utilities services taxes. N 10: NOTE SE -FEE EY PLEDGE OF REVENUES OF SYSTEM AND WATER UTILITIES SERVICES TAXES. The payment of the debt of the note issued hereunder shall be secured by a pledge of and a lien upon the revenue of the system and the water utilities sery aces taxes. The City does hereby irrevocably pledge such revenues to the payment of the principal Of and interest on the note issued pursuant to this .--- SECTION 11: ISSDANCE OF OTHER OBLIGATIONS. The City covenants and agrees that so long as any of the pr.inci.pal and interest of the note is outstanding, it will not create or permit to be created any charge or lien on the revenues thereof rank g q l to oI p or to the charge or lien on the note. SECTION — DISPOSIi ION OF SYSTEM. The City covenants and agrees that so long as the note is outstanding, it wi 11 not sell or Otherwise dispose of a y of the sy em facilities or any part thereof, and, except as provided for abo t 1111 not create o p mrt to be created any charge ox lien on the revenues thereof ranking equal or prior to the charge or lien on the note. SECTION — WATER RATES ANO CHARGES. So long as any principal of or interest on the note shall be outstanding, theCity covenants and agrees with the holder of the note issued p suant to this ordinance, to maintain and collect such schedule Of water rates and charges as y be necess y for t e payment of the note and the cost If operation and —: MODIFICATION AND —C—AN. No material modification or amendment Of this R--- or If any —i—T. ---y IK—f ., —pRI.,,tt,I hereto, may be ..d. without the consent in writing of the P.1d.t. SECTION PDVERIBILITY. If a one or more of the -t' agreements or provisions f this ordinance should be hPIO contrary t. ..y express provision f law or Conti I. the P.—y of ..pi— I— though not expressly prohibited, or against public policy, or —11 for any re as.n whatsoever be held invalid, tLK. such — .... -, agreements, or provisions ,h,iII be —11 and void and —11 be deemed ..D.YRte from the remaining ---, agreements, or provisions, and i. R. —y -- the validity f all the .the pl—sit— of this t1di—t— or of the ..te issued thereunder. SECTION — REPEAL OF CONFLICTING ORDINANCES. All —di—D., ., pi— of ordinances in conflict herewith axe hereby repealed. — ; EFFECTIVE DATE. This —i—I, shall -Ee effect immediately Ipt. it. It— passage. PASSED and ADOPTED this _31_5td­ of A,, — A... I—. FIRST READI— POKItt 24, 1— SECOND READING: CITY CLEDIX the City .1 L--. CITY CLERK water revenues. reference is made to the said ordinance and resolution for th p visions r—ring to the s ... tity of this note and the duties and obligations of the City. This note is payable solely from and secured by lien uy and a pledge of the water utilities sesvrces taxes and the revenue derived from the operation of the waterworks system of the City and shall not consti tote a general obliga- tion of the City. It is p Illy agreed by the holder of this note that the full faith and credit of the City are not pledged to the payment of the principal of and interest on this note and that such.sha11 never have the right to require to compel the exezcxse o£ the ad valorem taxing power of the City, or taxation in any form of any real p p rty therein, t p y —h p n p or interest thereon, or be entitled to payment of such principal and interest from any other fund of the City except from the revenue dezived from the operation of the Ybt.. and the water utilities services taxes. This note shall not constitute a lien hit. the waterworks y em or y p t thereof or ;upon any other property of the City, but shall constitute a lien only on the revenue d—ived from the operation of the system and the water utilities services taxes. This note is redeemable at the option of the City, at any tim , but' the then unpaid principal balance and acczued interest; provided, however, that written notice of such redemption shall have been g en to the Bank at least ten (10) days p or to the date of redemption. It is hereby certified and recited that all acts, conditions and things required to exi , o h,pptt, nd to be performed precedent to and in the issuance of this no , xr , have happened and have been performed in regular and due form and time as q red by the Constitution end Laws of the State of Florida applicable thereto, and that the lssaanN of this note does not violate any constitutronal or statutory limitation. IN WITNESS WHEREOF, the CITY OF LONGWOOD, FLORIOR, has issued this note and has caused the same to be signed by its Mayor, and the Corp ate seal of the City to be r p ssed hereon, and attested by its City Clerk, all as of t hb daY of — 1972. WIEST: