Resolution 98-01

Resolution 98-01

Resolution of the Board of Supervisors
of the Lake St. Charles Community Development District
Adopting User Fees For District Facilities.

WHEREAS, the Lake St. Charles Community Development District is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within Hillsborough County, Florida (hereinafter the "District"); and

WHEREAS, the District has issued special assessment revenue bonds (the "Bonds") to fund the cost of acquiring and constructing certain community facilities defined in District Resolution No. 96-15 as the "Project"; and 

WHEREAS, Section 190.035 (1), Florida Statutes, authorizes the District to establish and collect fees or other charges for the facilities and services furnished by the District and to provide for reasonable penalties against any user for any such fees or charges that are delinquent; and

WHEREAS, Section 190.035(3) requires that all such fees and charges shall be just and equitable and uniform for users of the same class; and

WHEREAS, Section 190.035(4) requires that such fees and charges shall be such as will produce revenues, together with other revenues available for such purpose, at least sufficient to provide for operation, maintenance and debt service on the District's facilities; and

WHEREAS, the property owners within the District are obligated to pay assessments to the District for debt service on the Bonds and for operation and maintenance expenses;  and

WHEREAS, the District has determined that it is proper and appropriate to assess user fees to that class of persons who wish to use the District's facilities but who do not own property within the District and who are not, therefore, otherwise subject to assessments for debt service on the Bonds and for operation and maintenance expenses; and

WHEREAS, Section 190.035(2) requires that such fees or charges may be established only after a public hearing at which all interested persons shall have an opportunity to be heard concerning the proposed fees or charges; and

WHEREAS, the District has published notice of a public hearing to be held on May 4, 1998 in accordance with the requirements of Section 190.035(2); and

WHEREAS, the District held a public hearing on May 4, 1998 in accordance with the requirements of Section 190.035.

NOW, THEREFORE, BE IT RESOLVED
BY THE BOARD OF SUPERVISORS OF THE
LAKE ST. CHARLES COMMUNITY DEVELOPMENT DISTRICT:

1.  User Fees for Owners of Property Within the District

The District shall assess no user fees to owners of property within the District because such owners are required to pay special assessments for debt service on the Bonds and for operation and maintenance expense as an incident to ownership of property within the District.

2.  User Fees for Non-Owners of Property

The District shall assess user fees to those individuals who do not own property within the District but wish to use the District's facilities ("Non-owner Users").  The fees shall be established each year in conjunction with the adoption by the District of its annual budget and shall apply to the following calendar year.  The amount of the fee (the "Non-owner User Fee) shall be calculated as follows:

(a) A one-time charge equivalent to the total principal amount of the debt service allocable to a single unit pursuant to District Resolution No. 96-23 ($4,342.00) plus a four percent (4%) fee for costs of collection and administration ($173.68); and 

(b) An "Annual Fee" equivalent to the sum of (i) the annual assessment for debt service allocable to a single unit pursuant to Resolution No. 96-23 ($472.00); (ii)  the annual assessment for operation and maintenance expenses for the then current year (for 1998, $319.00).

The total Non-owner User Fee for Calendar Year 1998, therefore, is:

The "Annual Fee" portion of the Non-owner User Fees shall be pro rated on a monthly basis for Non-owner Users who enter the fee agreement with the District for less than a full year.  The Non-owner User Fee shall be the same for an individual or for a family.  A family shall be defined as parents and children under 18 living at home with the parents.  The Non-owner User Fee shall be non-refundable.

3. Fee Agreement

Such Non-Owner Users shall be required to enter an agreement with the District to pay the fees as described herein.  The Fee Agreement for Non-owner Users shall require that all fees be paid upon execution of the agreement and shall require that the Non-owner User comply with all of the rules and regulations of the District and the Lake St. Charles Homeowners Association as such rules may be adopted and amended from time to time.

This Resolution shall become effective immediately upon passage.

PASSED AND ADOPTED THIS 4th DAY OF MAY, 1998.

LAKE ST. CHARLES COMMUNITY
DEVELOPMENT DISTRICT

Signed by the Chairman, Attested to by the Secretary.