Loading...
HomeMy WebLinkAboutOrdinance 2003-04 Impact Fees ORDINANCE NO. 2003-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 9, ARTICLE VllI, IMPACT FEES, BY REVISING POLICE AND FIRE IMPACT FEES AND ESTABLISHING IMPACT FEES FOR PARKS AND RECREATION; MAKING SEVERAL CONFORMING AMENDMENTS TO ELIMINATE REDUNDANT CODE SECTIONS; ADOPTING SEVERAL PROCEDURAL AMENDMENTS APPLICABLE TO THE PAYMENT OF IMPACT FEES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, has previously found and determined it to be in the best interest of the safety, health, and welfare of the citizens of the City of Winter Springs to establish police, fire and other impact fees to require new development to pay their equitable share of public improvements that must be constructed to serve new growth; and WHEREAS, the City Commission has commissioned an impact fee study and has retained Land Design Innovations, Inc. ("LDI) to complete the study and prepare a report on the adequacy of the City's current police, fire/rescue and parks and recreation impact fees; and WHEREAS, LDI has issued to the City an impact fee report entitled, "City of Winter Springs Impact Fee Analysis Report for Police, FireIRescue and Parks & Recreation," dated November 2002 ("Report"); and WHEREAS, the City Commission hereby finds that the Report legally justifies the continued imposition of revised police, fire/rescue and parks and recreation impact fees pursuant to applicable law. See, e.g., VolusiaCountyv. Aberdeen at Ormond Beach, 760 So. 2d 126 (Fla. 2000); Contractors and Builders Association of Pinellas County v. City of Dunedin, 329 So. 2d 314 (Fla. 1976); Wald v. Metropolitan Dade County, 338 So. 2d 863 (Fla. 3dDCA 1976); Hollywood, Inc. v. BrowardCounty, 431 So. 2d 606 (Fla. 4th DCA 1983); and WHEREAS, the City Commission finds that Section 163.3202(3), Florida Statutes, encourages the use of innovative land development regulations which includes the adoption of "impact fees," and City of Winter Springs Ordinance No. 2003-04 Page 1 of 17 WHEREAS, the City Commission also finds that the impact fees required by this Ordinance are necessary to mitigate impacts reasonably attributable to new development; and WHEREAS, the City Commission also recognizes that the Florida Legislature has mandated that local government plan comprehensively for future growth and that this regulatory Ordinance is consistent with that mandate. See, e.g., Ch. 163, Fla. Stat.; and WHEREAS, new land development activity generates public facility and service demands within the City and it is reasonable to require new development to pay a fair share of the cost of expanding new public facilities and services attributable to new development; and WHEREAS, this Ordinance is enacted pursuant to the Florida Municipal Home Rule Powers Act, Chapter 163, Florida Statutes, the City of Winter Springs Comprehensive Plan, and other applicable law authorizing a municipality to set rates, fees, and charges for new development; and WHEREAS, it is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs to amend the City's police, fire/rescue, and parks and recreation impact fees and procedures. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment, Chapter 9, Article vm, Division 3. The City of Winter Springs Code, Chapter 9, Article VIII, Division 3, is hereby amended as follows (underlined type indicates additions and type indicates deletions): ARTICLE VIII. IMPACT FEES * * * DMSION 3. POLICE. FIRE. AND PARKS AND RECREATION FACILITIES Sec. 9-391. Generally. The city commission hereby establishes police. fire. and parks and recreation impact fees under the requirements of this division. The City Commission finds that the Florida Growth Management Act mandates that local government plan comprehensivelv for future growth and that this division is consistent with that mandate. In addition. Section 163.3202(3). Florida Statutes. encourages the use of innovative land development regulations which includes the adoption of "impact fees." Further. new land development activity generates public facility and service demands City of Winter Springs Ordinance No. 2003-04 Page 2 of 17 within the City and it is reasonable to require new development to pay a fair share of the cost of expanding new public facilities and services attributable to new development. This division is enacted pursuant to the Florida Municipal Home Rule Powers Act. Chapter 163. Florida Statutes. the City of Winter Springs Comprehensive Plan. and other applicable law authorizing a municipality to set rates. fees. and charges for new development. Sec. 9-391.1. Levy and purpose. For the purpose of helping to defray the cost of new or expanded police. fire. and parks and recreation facilities and equipment attributable to new construction within the city limits, impact fees are hereby levied on new construction within the city limits in accordance with the provisions of section 9-391.5, payment offees, and other provisions of this division. This division is intended to be consistent with the principles for allocating a fair share of the cost of new public facilities to new users as established by the Florida Supreme Court. In support of. and as legal iustification for. the impact fees adopted under this division. the city commission hereby adopts by reference the report prepared by Land Design Innovations. Inc. entitled. "City of Winter Springs Impact Fee Analysis Report for Police. Fire/Rescue and Parks & Recreation." dated November 2002. Sec. 9-391.2. Definitions. Unless otherwise specified herein, the definitions, classifications and uses shall be as set forth in the City of Winter Springs Land Development Code. {ill Building permit: Any building or construction permit required under the Winter Springs Building Code, Chapter 6 of this Code. (b) Fire public safety facilities capital improvements: The land. building. facilities. vehicles and equipment necessary for the fire department of the city to provide firefighting and fire protection services and paramedic services to the citizens of Winter Springs. (c) Nonresidential: Includes all land uses not otherwise specified as residential or exempted as set forth in this division. This shall include, but is not limited to,,-day care facilities, residential care facilities, nursing homes, boarding houses, home occupations, educational facilities, libraries, cultural facilities, churches, all commercial uses, all transient lodging and entertainment facilities except those which are temporary in nature, all automotive facilities and/or structures, all miscellaneous business uses and services and all industrial uses. (d) Parks and recreation facilities capital improvements: The land. buildings. facilities. vehicles. and equipment necessary for the parks and recreation department of the city to provide parks and recreation services to the citizens of Winter Springs. City of Winter Springs Ordinance No. 2003-04 Page 3 of 17 (e) Police public safety facilities capital improvements: The land, buildings, facilities, vehicles and equipment necessary for the police department of the city to provide police protection services to the citizens of Winter Springs. (f) Residential: Includes single-family dwellings, multifamily dwelling units, mobile homes, accessory dwelling units, accessory residential structures. Sec. 9-391.3. Applicability and exemptions. (a) This division shall apply to all new construction within the city limits except the following: (1) Expansion ofa residential dwelling unit not creating another dwelling unit; and (2) Remodeling or rebuilding of any structure; and (3) Construction under any building permit originally issued during the year preceding the effective date of this division; and (4) Temporary activities and uses including, but not limited to temporary construction and temporary commercial amusements; and (5) Public service structures; and (6) Publicly owned and operated buildings or structures used for general governmental purposes (to include but not limited to sewer, stormwater, police, fire, ground transportation, solid waste, parks, recreation and cultural purposes); and (7) Construction associated with raising animals; and (8) Construction related to agriculture. (b) In addition. nonresidential development shall be exempt from parks and recreation impact fees. Sec. 9-391.5. Payment of fees. (a) Time of payment. The impact fees required to be paid under this division shall be paid in conjunction with the issuance of a building permit. but in no case shall the building permit be issued until all outstanding impact fees are paid in full to the (b) Method of payment. Impact fees shall be paid in cash unless the city commission. at its sole and absolute discretion specifically accepts an in-kind contribution of land or capital facilities for City of Winter Springs Ordinance No. 2003-04 Page 4 of 17 public use which is reasonably related to the purpose of the credited impact fee. Credit for any in-kind contribution shall be on a fair market value basis as of the date the city commission accepts the offer of such contribution. The fair market value of any land accepted as an in-kind contribution shall be based upon an appraisal of its highest and best use then allowed under ifs the city's current land use and zoning designation. The appraisal shall be performed by a certified appraiser. licensed to do business in Florida acceptable to the city. Such appraisal shall be paid for by the donor. No credit will be granted pursuant to this section unless the contribution of land or capital facilities for public use has been or will be included in the capital asset inventory of the department of the city for which the impact fee is imposed. (c) Amount of fee. The following impact fees are hereby adopted. (1) Fire: (i) Residential: Impact Fee Payment Year Impact Fee Due 2003 $173.28 2004 $174.41 2005 $175.64 2006 $176.94 2007 $178.34 *Fee includes the same non-residential development credit set forth below. (ii) Non-residential: $0.326 per square foot. City of Winter Springs Ordinance No. 2003-04 Page 5 of 17 However. for non-residential development a credit shall be deducted from the calculated base fire impact fee to offset payments which new development will incur (in the form of personal service taxes and franchise fees) to retire outstanding City of Winter Springs bonds which were used to finance past fire capital improvements as follows: Impact Fee Payment Year Total Credit Due 2003 $105.47 2004 $111.78 2005 $118.53 2006 $125.76 2007 $133.50 (2) Police: (n Residential: Impact Fee Payment Year Impact Fee Due 2003 $105.47 2004 $111.78 2005 $118.53 2006 $125.76 2007 $133.50 *Fee includes the same non-residential development credit set forth below. (ii) Non-residential: $0.164 per square foot. However. a credit shall be deducted from the calculated base police impact fee to offset payments which new development will incur (in the form of personal service taxes and franchise fees) to retire outstanding City of Winter Springs bonds which were used to finance past police capital improvements as follows: Impact Fee Payment Year Total Credit Due 2003 $176.08 2004 $169.77 2005 $163.02 2006 $155.79 2007 $148.05 City of Winter Springs Ordinance No. 2003-04 Page 6 of 17 (3) Parks and Recreation: (i) Residential: Impact Fee Payment Year Impact Fee Due 2003 $914.53 2004 $928.66 2005 $943.78 2006 $959.96 2007 $977.27 · Fee includes credit which new development will incur to retire outstanding bonds which were used to finance past parks and recreation capital improvements and to retire the Wl11ter SpringS General Obfu!ation Bond. Series 2002. (ii) Non-residential: None. (4) Fire. Police. and Parks and Recreation fees and credits have been determined through 2007. A reassessment of the impact fees and credits shall be provided prior to 2007 and codified in the City Code. Sec. 9-391.6. Credits. In addition to the discretionary credits authorized by the city commission under section 9-391.5(b). An applicant for a building permit shall be entitled to a credit against future impact fees assessed pursuant to this division for contributions, dedications, or improvements required by the city or through agreements with the city as a condition of any development permit by the city, and said credit shall be an amount equal to the fair market value of any contribution of land or capital facilities for public use. The impact fee credit and the applicable contribution.. dedication. or improvements must be reasonably related. The fair market value shall be determined as of the date the city commission accepts the offer of such contribution. The fair market value of any land accepted for credit of future impact fees shall be based upon an appraisal of its highest and best use and then allowed under its the city's current land use and zoning designations. The appraisal shall be performed by a certified appraiser. licensed to do business in Florida. acceptable to the city. Such appraisal shall be paid for by the donor. No credit will be granted pursuant to this section unless the contribution of land or capital facilities for public use was made within the year preceding the effective date of this division, and the contribution of land or capital facilities for public use has been or will be included in the capital asset inventory of the police department of the city for which the impact fee is imposed. Sec. 9-391.7. Establishment of a trust fund. (a) The impact fees collected by the city pursuant to this division shall be kept separate from other revenue of the city and a capital expansion trust fund is hereby created for each impact fee category created under this division as follows: City of Winter Springs Ordinance No. 2003-04 Page 7 of 17 (1) Police Protection Capital Expansion Trust Fund. (2) Fire Protection Capital Expansion Trust Fund. (3) Parks and Recreation Capital Expansion Trust Fund. (b) Use of Funds. The amounts in the impact fee trust funds shall be exclusively used only for the purpose obtained in the title of such fund and for no other purpose. Expenditures from the fund shall be specifically approved by the city commission and shall be limited to the expansion acquisition of capital facilities or equipment made necessary by the new construction from which the fees were collected or for principal payments (including sinking fund payments) on bonds to expand or acquire such facilities or equipment. Before authorizing an expenditure from anyone of these trust funds, the city commission shall determine that: (1) Such expenditure is for capital facilities or equipment to be used for the purpose contained in the title of the trust fund from which the expenditure is to be made; and (2) Such expenditure is made necessary by the new construction from which such funds were collected; and (3) Such expenditure shall result in a benefit to the new construction from which said funds were collected. Sec. 9-391.8. Capital expansion plans. The city's police. fire and parks and recreation departments, which are to receive funds collected pursuant to this impact fee division", shall prepare and maintain a capital expansion plan for their respective individual funds which shall be for a period of no less than one (1) year. Each department's plan shall be reviewed and approved by the city commission at least annually during the budget review process. Sec. 9-391.9. Refunds. Refunds of the impact fees paid hereunder may be allowed upon application thereof, when it is determined that no construction under a building permit has occurred, and City of Winter Springs Ordinance No. 2003-04 Page 8 of 17 the building permit issued for such construction has expired or otherwise been cancelled. Sec. 9-391.10. Vested rights. (a) A developer or successor in interest ofland which has received a building permit may petition the city commission for a vested rights determination which would exempt the petitioner from the provisions of this division. Such petition shall be evaluated by the city attorney and a recommendation thereon submitted to the city commission based upon the following criteria: (1) There exists a valid, unexpired government act authorizing a specific development for which a determination is sought; (2) Expenditures or obligations made or incurred in reliance upon the authorizing act that are reasonably equivalent to the fees required by this division; (3) That it would be inequitable to deny the petitioner the opportunity to complete the previously approved development under the conditions of approval by requiring the developer to comply with the requirements of this division. (4)Common law principles of equitable estoppel and vested rights set forth in case law. (b) For the purpose of this section, the following factors shall be considered in determining whether it would be inequitable to deny the petitioner the opportunity to complete the previously approved development: (1) Whether the injury suffered by the petitioner outweighs the public cost of allowing the development to go forward without payment of the fee required by this division; (2) Whether the expense or obligations were made or incurred subsequent to November 1, 2002, after which day the adoption of the impact fees required by this division was pending; and (3) Whether the operation of this division would create an inordinate burden which would prevent petitioner from making a reasonable return on his investment. City of Winter Springs Ordinance No. 2003-04 Page 9 of 17 ( c) The city shall not permit the extension of a building permit beyond the initial time for activation without the applicant complying with this division. (d) If a previously approved development order or other binding agreement contained conditions regarding impact fees required by this division and their designated uses, or contributions to the capital asset inventory of the respective department~, the developer or his successor may request a modification of such prior approvals in order to bring the approval conditions into consistency with the requirements of this division. Sec. 9-391.11. Penalty for violation. Violation of this division shall constitute a misdemeanor of the second degree and shall be subject to penalty pursuant to applicable code enforcement procedures. Notwithstanding the criminal penalty provided for herein, the city may obtain an injunction or other legal or equitable reliefin the circuit court against any person violating this division. Sec. 9-391.12. Appeal. Any person aggrieved by any administrative decision by the city may appeal directly to the city commission. To me an appeal, an individual must file an application with the city manager and submit such information and documentation with said application as may be required by the city manager. The city manager shall make a determination as to the sufficiency ofthe application. An application for appeal must be filed with the city manager within thirty (30) days of any action taken by the city for which a person is aggrieved. Any decision of the city commission on the application shall be final and subject to judicial review. Section 3. Repeal Chapter 9, Article VIII, Division 4, Fire Public Safety Facilities. The City of Winter Springs Code, Chapter 9, Article VIll, Division 4, Fire Public Safety Facilities, is hereby repealed in its entirety ( type indicates deletions): City of Winter Springs Ordinance No. 2003-04 Page 10 of 17 ( page deleted) City of Winter Springs Ordinance No. 2003-04 Page 11 of 17 (Page deleted) City of Winter Springs Ordinance No. 2003-04 Page 12 of 17 (Page deleted) City of Winter Springs Ordinance No. 2003-04 Page 13 of 17 (Page deleted) City of Winter Springs Ordinance No. 2003-04 Page 14 of 17 (Page deleted) City of Winter Springs Ordinance No. 2003-04 Page 15 of 17 Section 4. 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. Section 5. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. City of Winter Springs Ordinance No. 2003-04 Page 16 of 17 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 28th day of April ,2003. CITY OF WINTER SPRINGS, FLORIDA JOHN F. BUSH, MAYOR ATTEST: ANDREA LORENZO-LUACES CITY CLERK Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE City Attorney First Reading April 14, 2003 Posted April 15, 2003 Second Reading and Public Hearing April 28, 2003 F:\DocsICity of Winter SpringslOrdinancesUmpact FeeUmpact_Fee_Final.wpd City of Winter Springs Ordinance No. 2003-04 Page 17 of 17 CITY OF WINTER SPRINGS NOTICE OF PROPOSED OROINANCE The City of Winter Springs proposes to adopt the follow- ing ordinance, as stated be- low: ORDINANCE NO. 2003-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORI- DA, AMENDING THE CODE OF ORDINANCES CHAPTER 9. ARTICLE VIII, IMPACT FEES, BY REVISING POLICE AND FIRE IMPACT FEES AND ES. TABLISHING IMPACT FEES FOR PARKS AND RECRE- ATION; MAKING SEVERAL CONFORMING AMENDMENTS TO ELIMINATE REDUNDANT CODE SECTIONS; ADOPTING SEVERAL PROCEDURAL AMENDMENTS APPLICABLE TO THE PAYMENT OF IMPACT FEES; PROVIDING FOR THE REPEAL OF PRIOR INCONSIS. TENT ORDINANCES AND RES. OLUTlONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEV. ERABILlTY; AND PROVIDING FOR AN EFFECTIVE DATE. A public hearing for the sec- ond hearing of proposed Or- dinance 2003-04 will be held on April 14, 2003, at 6:30 p.m. or soon thereafter, at the Commission Chambers, City of Winter Springs City Hall. 1126 East State Road 434, Winter Springs, Flori- da. Interested parties may appear at the meeting and be heard regarding this meeting. The proposed ordinance may be inspected by inter- ested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office at 1126 East State Road 434, Winter Springs, Florida. For more informa- tion call (407) 327-1800 #227. Persons with disabilities needing assistance to partic- ipate in any of these pro- ceedings should contact the Employee Relations Depart- ment Coordinator, 48 hours in advance of the meeting at (407) 327-1800 #236. This is a public hearing. If you de- cide to appeal any decision made by the City Commis- sion with respect to any matter considered at this meeting, you will need a re- cord of the proceedings, and for such purposes, you may need to ensure that a verba. tim record of the proceed- ings is made upon which the appeal is based. CSE4971274 APR.3,2003 Orlando Sentinel Published Daily State of Florida } S.S. COUNTY OF ORANGE Before the undersigned authority personally appeared DEBORAH M. TONEY , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ALTAMONTE SPRIN GS in SEMINOLE County, Florida; that the attached copy of advertisement being a CITY OF WINTER SP in the matter of ORDS: 2003-04 in the SEMINOLE Court was published in said newspaper in the issue; of 04/03/03 Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE SPRINGS in said SEMINOLE County, Florida, and that the said newspaper has heretofore been continuously published in said SEMINOLE County, Florida, each week Day and has been entered as second-class mail matter at the post office in ALTAMONTE SPRINGS in said SEMINOLE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The foregoing instrument was acknowledged before me this 3 day of APR , 2003, by DEBORAH M. TONEY who is personally known to me and did take an oath. (SEAL) LINDA L. BRIDGEWATER My Comm. Exp 5/29/05 CITY Of WINTER SPRINGS AMENDMENT TO THE CITY CODE The Citv of Winter Springs proposes to adopt the follow- ing Ordinance, as stated be- low: ORDINANCE NO. 2003-04 AN ORDINANCE Of THE CITY COM- MISSION FOR THE CITY Df WINTER SPRINGS. FLORIDA, AMENDING THE CODE Of ORDINANCES CHAP- TER 9, ARTICLE VII, IMPACT FEES, BY REVISING POLICE AND ARE IM- PACT FEES AND ESTABLISHING IMPACT FEES FOR PARKS AND RECREATION; MAKING SEVERAL CONFORMING AMENDMENTS TO ELIMINATE REDUNDANT CODE SECTIONS; ADOPTING SEVERAL PROCEDURAL AMENDMENTS AP- PLICABLE TO THE PAYMENT Of IMPACT FEES; PROVIDING FOR THE REPEAL Of PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING fOR INCORPORATION INTO THE CODE; PROVIDING fOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A Public Hearing for the Fi- nal Hearing of proposed Or- dinance No. 2003-04 will be held on April 28. 2003 at 6:30 p.m. or soon thereafter, at the Commission Chambers, Citv of Winter Springs Citv Hall, 1126 East State Road 434, WInter Springs, Flori. do. Interested parties mav appear at the Meeting and be heard regarding this matter. Interested parties between 8 a.m. and 5 p.m. mav inspect the proposed Ordinance, Mondav through Fridav. at the Office of the Citv Clerk at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327-1800 #227. Persons with disabilities needing as- sistance to participate in anv of these proceedings should contact the Emplov- ee Relations Department Coordinator, 48 hours in ad vance of the meeting at (407) 327.1800 #236. This is a Public Hearing. If vou de- cide to appeal anv decision made bv the Citv Commis- sion with respect to any matter considered at this meeting, vou will need a re- cord of the proceedings, and for such purposes, you may need to ensure that a verba. tim record of the proceed- ings is made upon which the appeal is based. Andrea Lorenzo-Luaces Citv Clerk CSE4995677 4118/Q3 Orlando Sentinel Published Daily State of Florida } S.S. COUNTY OF ORANGE Before the undersigned authority personally appeared Linda Bridgewater , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ALTAMONTE SPRINGS in SEMINOLE County, Florida; that the attached copy of advertisement being a CITY OF WINTER SP in the matter of ORDS: 2003-04 in the SEMINOLE Court was published in said newspaper in the issue; of 04/18/03 Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE SPRINGS in said SEMINOLE County, Florida, and that the said newspaper has heretofore been continuously published in said SEMINOLE County, Florida, each week Day and has been entered as second-class mail matter at the post office in ALTAMONTE SPRINGS in said SEMINOLE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The foregoing instrument was acknowledged before me this 18 day of Apr , 2003, by Linda Bridgewater who is personally known to me and did take an oath. (SEAL) Beverly C. Simmons