14-1366 Temporary Moratorium on Charging Water Development Assistance FeesRESOLUTION NO. 14-1366
A RESOLUTION OF THE CITY OF LONGWOOD,
FLORIDA, ESTABLISHING A TEMPORARY
MORATORIUM ON THE CHARGING OF WATER
DEVELOPMENT ASSISTANCE FEES AND
WASTEWATER DEVELOPMENT ASSISTANCE FEES
FOR NON-RESIDENTIAL USES UNDER CHAPTER 90,
ARTICLE IV, LONGWOOD CITY CODE AS SET FORTH
IN APPENDIX B; PROVIDING FOR A LIMITED
DURATION OF THE MORATORIUM DURING THE
COMPLETION OF A UTILITY FEE AND RATE STUDY;
PROVIDING FOR CONFLICTS, SEVERABILITY, NON -
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, as provided in section 2(b), Article VIII of the Constitution of the State of
Florida and chapter 166, Florida Statutes, the City of Longwood (the "City") enjoys all
governmental, corporate, and proprietary powers necessary to conduct municipal government,
perform municipal functions, and render municipal services, and the City may exercise any
power for municipal purposes, except as expressly prohibited by law; and
WHEREAS, the City provides municipal services to its citizens through the regulation
and services provided by the City's public utilities system and infrastructure, including services
relating to water distribution; wastewater disposal and treatment; and connection to the City's
water distribution mains and wastewater transmission mains or collection lines; and
WHEREAS, pursuant to Chapter 90, Article IV, Longwood City Code, the City
Commission has authority to establish and fix rates, fees, and charges for the City's public
utilities system through City rate resolutions and ordinances; and
WHEREAS, the City Commission finds that adopting this Resolution, in part, is an
effort to promote economic development and the City exercises its Home Rule authority and its
authority under Chapter 163 and 166, Florida Statutes hereunder; and
WHEREAS, the City finds that it is in the best interest of and for the health, safety, and
welfare of the citizens of the City that the City temporarily place an approximately 180 day
moratorium on the charging of water development assistance fees and wastewater development
assistance fees for non-residential uses during the City conducting a study of utility fees and
rates; and
WHEREAS, the City find that implementation of the moratorium set forth in this
Resolution will continue from adoption of this Resolution until Monday, May 18, 2015 unless it
is revoked earlier by the City Commission and such moratorium will be in the public interest of
assessing and determining an appropriate fee structure in accordance with the above -referenced
fee and rate study.
Pagel of 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA AS FOLLOWS:
Section 1. Intent. The above recitals are hereby adopted as the legislative purpose of this
Resolution and as the City Commission's legislative findings.
Section 2. Moratorium. The City of Longwood hereby places a moratorium (suspension) on
the charging of that portion of the water development assistance fees and wastewater
development assistance fees retained by the City (but excluding that portion of said fees passed -
through or paid to Seminole County) charged under Chapter 90, Article IV, Longwood City
Code and as set forth in Appendix B for non-residential uses. Said moratorium (suspension)
shall run from the adoption of this Resolution until Monday, May 18, 2015, unless such
moratorium is revoked earlier. Except as set forth in the foregoing sentence, this Resolution
does not affect other rates and fees charged under Chapter 90, Longwood City Code and
Appendix B.
Section 3. Conflicts. If any Resolutions or Ordinances or parts thereof are in conflict herewith,
this Resolution shall control to the extent of the conflict.
Section 4. Non -Codification. Given the temporary nature and effect of this Resolution, it is the
intent of the City Commission that this Resolution will not be codified.
Section 5. Severability. If any portion of this Resolution is determined to void, unconstitutional,
or invalid by a court of competent jurisdiction, the remainder of this Resolution shall remain in
full force and effect.
Section 6. Effective Date. This Resolution shall take effect upon adoption.
ADOPTED this 17`h day of November, 2014.
City Commission
City of Longwood, Fl rida
John aingot, ayor
AT
Michelle toKo, City Clerk
ove to form and legality for the use and reliance of the City of Longwood, Florida only.
aniel W. La ey, C,
iS:\AK4\CLIENTS\Longwood, Ci enam
orum\Development Assistance Fees Resolution Moratorium-11-1&2014.doc33tnA
Page 2 of 2