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15-1374 Extending Temporary Moratorium on Charging of Water Developement Assistance FeesRESOLUTION NO. 15-1374 A RESOLUTION OF THE CITY OF LONGWOOD, FLORIDA, EXTENDING THE TEMPORARY MORATORIUM AS ESTABLISHED BY RESOLUTION NO. 14-1366 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 extend for approximately 180 days the moratorium established by Resolution No. 14-1366 adopted on November 17, 2014 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 finds that the extension of the moratorium set forth in this Resolution will continue from end of the moratorium established by Resolution No. 14-1366 and continue until Monday, November 16, 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. Page 1 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 extends the moratorium (suspension) established by Resolution No. 14-1366 adopted on November 17, 2014 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 continue to run until Monday, November 16, 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 18th day of May, 2015. City Commission City d, Florida o e u ayor ATT 1 &Zz� - � WclfellelffWo, ity Clerk Appro ort and legality for the use and reliance of the City of Longwood, Florida only. br•�� D e W. Lan ey, rn \\Server\u \AU\aJEMS\Lon aty eral L3 -21 Develop Assirtanm Fees M... torium\Development Assistance Fees Resolution Moratorium Extension-D5-132015.do Page 2 of 2