O-57-158 IlIA ~ . ORDINANCE NO. 158 AN ORDINANCE WHOLLY AMENDING CHAPTER XX OF THE REVISED GENERAL ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA; BEING THEREIN DESIGNATED AS "WATER WORKS"; PROVIDING FOR OTHER MATTERS RELATING THERETO; PROVIDING FOR PENALTIES FOR VIOLATION OF ANY OF THE PROVISIONS HEREIN; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF: BE IT ORDAINED AND ESTABLISHED BY THE COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA: SECTION å: That ehapter XX of the .Revised General Ordinances of the ~ity of Clermont, Lake County, Florida be, and the same is hereby wholly amended to read as follows: SECTION 1: ADMINISTRATION - SHORT TITLE (a) The Water Supply, Treatment and Distribution System of the City of Clermont, Lake County, Florida, otherwise known and designated as the Municipal Water Works Plant, shall be under the supervision of the Water Committee of the City Council of Clermont. This committee may be combined with any other committee by the Council. (b) The City Council s~all employ a suitable person as superintendent of said plant at a salary determined by the Council. Nothing herein shall prevent the Superintendent's duties being combined with those of another City employee. (c) This Ordinance may be designated and referred to by the Short Title of: WATER~ØR[S. SECTION 2: SERVICE CHARGE (a) A minimum service charge of $ /~ per month shall be charged each meter account or water user. (b) An additional service charge of $ I~per month shall be charged each meter account for each additional living unit having kitchen facilities in any building serviced by the same meter. This also applies to apartments, duplexes or additional houses on the same property or immediately adjoining and abutting property owned by the same person, firm or corpor- / at ion. This shall also apply to and be charged each 8xtra house, extra business, or business and residence all under separate roofs although located on the same property, or on contiguous adjoining or abutting property, irrespective of single or more than one ownership thereof. (c) In the event any residence, living unit or business as provided in Sub-Paragraph (b) hereof shall by sale or otherwise become a separate and distinct unit, the Council may require the establishment of a new meter account for the separated unit, and when once so required and established, the re-uniting of such separatéd unit with the former units will not necessarily entitle the owner to the elimination of said new account. (d) Monthly or fractional monthly vacanc~ of a~y living or business unit above provided for will not d1scont1nue the minimum service charge hereinabove established. (e) The foregoing paragraph shall apply to all accounts outside of the City's boundaries. .. 9.ECTION 3: WATER RÁ,JrEs - BILLS (a) The water rate for each fractional 1000 gallons of water metered shall be: First 10,000 gallons $0.25 per M All Over 10,000 gallons $0.15 per M .. providedl when less than 1000 gallons is metered the minimum water rate of ~0.25 shall be billed and paid. (b) All accounts outside of the boundaries of the City shall pay the same rates as herein established, plus 25% rJ: the total monthly bill in dollars and cents. (c) All unpaid consumer accounts shall be delin- quent at the close of business on the tenth (10th) day of the month following the month the water is supplied and the water service may be discontinued by the City, and shall not again be restored until all sums due the City have been paid in fUll, plus the additional charge or fee of $~.oofor restoring or "turning on" the consumer service. If-rhë delinquent bill has been deducted from the meter deposit, as provided in Section 4 herein, all delinquent sums, plus the required meter deposit, plus said $3.Þocharge or fee for restoring the water shall be paid before service shall be restored. In no case shall monthly bills be allowed to accumulate against the meter deposit. (d) Nothing in this Section shall prevent the City Clerk, with consent of the Council, districting or zoning the City for the purpose of staggering the reading of meters and billing for water consumed; however, no meter shall be read or a consumer billed for metered water for less than a thirty (30) day period irrespective whether said period is within one cal-. endar month or fractional part of two consecutive months unless service has been discontinued by consumer under Paragraph (b) of Section 5 hereof. In case of staggered meter reading and billing the consumer shall pay the amount billed on or before the tenth (lO)h) day following the period for which billed. The provis- ions set forth in Sub-Paragraphs (c) and (e) of this Section shall also apply to this Sub-Paragraph in every respect as if the provisions herein had therein been specifically provided for. (e) All water bills or accounts shall be paid in the office of the Clerk of the City of Clermont during the business hours thereof. The Council shall cause receipts to be issued for all sums paid on water accounts. (f) All owners of real estate situated within the corporate limits of the City of Clermont shall be held respon- sible for payment to the City øf Clermont for all water supplied by said City and used on any real estate situated in the said City, whether such water supplied is used by such property owner or their tenant; and the City of Clermont shall have a lien upon any such property for unpaid water bills remaining unpaid for a period of ninety (90) days. Such lien to be superior in dignity to all other liens except for taxes and assessments, and such liens may be foreclosed in the manner provided by law for the foreclosure of liens for labor and material. -2- .. .. SECTION !I.: METER - DEPOSITS (a) Every consumer of water from the Water Supply, Treatment and Distribution System of the City of Clermont shall and is hereby required to have installed by the City of Clermont a water meter in the consumer line. The meter shall be and always remain the property of the City of Clermont. (b) A meter deposit of $10.00 shall be required to be paid in cash in advance of the consumer connection charge being made to the Water System serving all rental property (c) All meter deposits shall be paid to the City of Clermont, and same must be deposited by said City in an account designated as "Meter Deposits" in any bank trust company or Federal Savings and Loan Association. The City shall be entitled to and shall retain all interest.earned on said deposits. These funds cannot be borrowed from or used in any manner by the City. (d) Failure of any consumer to pay any delinquent water account shall give the City the right to credit the meter Deposit to the delinquent account, discontinue the service and refund the balance, if any, to the person entitled to same, or take such legal action as is necessary to collect any unpaid balance after crediting said meter deposit. (e) A lessor's deposit shall not be liable for lessee's delinquent account unless assigned to the lessee or in writing is made liable for same by the lessor. (f) No water service shall ever be restored to a consumer until all delinquent water accounts have been paid in full together with the required meter deposit, and payment of $3.00 service fee or charge, as provided for in Section 3(c) hërëTnabove. (g) In the event anyone comsumer allows three (3) or more monthly accounts to become delinquent in any part of a calendar year, the City Council shall have the authority to re- quire the consumer to pay a meter deposit or to pay double the amount of present meter deposit. . (h) Water service may be discontinued by any con- sumer for any period not less than one (1) calendar month (from the first of one month to the first of the following month or from the 15th of one month to the 15th of the fol- lowing month) and for such additional months as requested upon due notice to the City Clerk whereupon the Clerk will direct the consumer's meter to be read and the service discontinued and the consumer shall be billed at the next billing date for water metered. Upon consumer's request for the resumption of water service the Clerk will cause the meter to be read, the service "turned-on" and the City Clerk wil~ at the next bill- ing date, charge the consumer a fee of $aoo for restoration of the service. Failure of the consumer~pay this fee shall place his account delinquent and service may be discontinued by the City in the same manner as provided in this Ordinance as if said consumer had become delinquent in payment of water metered and billed. No consumer shall "tunn-on" or "turn-off" his water service, without being in violation of this Ordin- ance and subject to the penalty as provided in Section 6 hereof, except same be "turned-off" and "turned-on" again under the circumstances as outlined in Sub-paragraph (j) hereof. -3- -- . (j) Continued Nothœng herein shall prevent any person, firm or corporation , or the authorized employee, contractor or sub-contractor of the consumer from "turning-off" said water supply for the purpose of repairs, extensions or modification of the con- sumer's plumbing; and thereafter, when completed, to turn same back on. Any person violating the provisions of this sub- paragraph, even if authorized or directed by the consumer, shall be guilty of violating this Ordinance and shall be punished in accordance with the penal provisions in Section 6 hereafter. (k) All rates and charges established in this Ordinance may be increased on Motion or Resolution duly passed or adopted by the City Council of Clermont after posting or publishing notice of proposed increase for at least thirty (30) days in advance. All rates and charges established in this Ordinance may be decreased at any time without the required notice; however, if same are to be increased thereafter said notice shall be required. All rates and charges established by this Ordinance and as subsequently decreased or increased shall at all times be posted in the City Hall. SECTION 6: VIOLATIONS ~ PENALTIES (a) Any person, firm or corporation convicted of the violation of any of the provisions of this Ordinance shall be punished by a fine of not less than Ten Dollars ($10.00) or more than Two Hundred Dollars ($200.00), or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment at the discretion of the Judge of the City or Municipal Court. Each day such violation is committed, or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. SECTION 7: SEP ARABILI'fY. (a) If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by a Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 8: DECLARATION OF EMERGENCY, EFFECTIVE DATE, REPEAL OF CONFLICTING ORDINANCES (a) The City Council have found many conflicts, errors and irregularities in the present ordinance or ordin- ances governing the meter deposits, minimum service charges, connection cha~~es, etc. and have for adoption an ordinance making a separite charge for garbage and trash, which are now included in the water ordinances by increased minimum charges. Therefore, it is necessary to amend, combine and otherwise establish, without any doubt, within one ordinance all laws pertaining to the use of the Water Supply, Treatment and Dis- tribution System by the City's customers. Therefore, this Ordinance is passed as an emergency measure, and the Council does, by the vote by which this Ordinance is passed, hereby declare that an emergency exists, which makes it imperative that this ordinance should become effective forthwith in order that the public health, welfare and safety might most effectively be provided for. -5- -- .. ,. --.:;/ SECTION 5: SERVICE OR CONNECT.ION CHARGES (a) The City Council shall establish service or connection charges to be paid in advance by the consumer. They· shall be pos ted wi th the Ci ty Clerk and may be established or amended at any Council meeting by Resolution, Ordinance or by Motion duly made and carried by a 4/5ths vote of the entire Council membership. When so established, altered or amended they shall remain in full force and effect until amended or recinded. Owners or developers of property outside of the boundaries of the City of Clermont shall pay all costs of installation service, connecting charges; including mains, hydrants and all labor and materials based on the same costs of materials and labor of like installation within the City of Clermont, but to the final dollars and cents cost thereof shall be added an additional twenty-five (25) per cent. (b) Until amended by the City Council as provided in (a) hereinabove the service or connection charge shall be: Meter Size Up to 3/4", incl. Charge $40.00 Over 3/4", the meter charge shall be established by the Council in the manner as provided in Section 5(a) hereinabove. (c) All connection, service charges and fees col- lected and provided for in this Section shall be credited to the City's General Water Revenue Account. (d) All consumer connections to the City's Water System or plant shall always be made only by the City. (e) Service connections shall be from the main to the nearest property line, but said service line distance shall not exceed 100 feet. Beyond.lOO feet the Council may, in its discretion, require additional service connection· charge as established or determined by them under Paragraph (a) herein. (f) In the event it is determined more practical to install a service connection line across the property of any other person, firm or corporation, the consumer desiring the service shall provide the City with an easement of adequate width for the construction and maintenance of said line. (g) All service connection lines shall be and are hereby declared to be a part of the City's Water System and shall always remain the property of the City of Clermont. (h) Nothing herein shall prevent the City from removing any service connection line for the purpose of re- locating same. (i) The installation of the water meter in the service connection line on the property of the consumer or on the property of another, as provided in Paragraph (f) herein- above, shall in no way vest the title of the meter in the owner or owners of the property upon which said meter is in- stalled. (j) No person, firm or corporation shall "tunn- on" the consumer's supply of water after it has been "turned- off" for any reason whatsoeverby the City of Clermont. -4_ -- . " ,. "<~,,~~ ,", -~~: ..- .;,'\.,.0- g... ¿:. ...-:= ~/:>F' .~","'''.-.' (b) This Ordinance shall become effective at 12:01 A. M. on January 1, 1958. (c) All Ordinance or parts of Ordinances in conflict with this Ordinance, or any part thereof, are hereby expressly repealed. ... -.. - - - - - -... - - -... - - - - - - - - - - -- - - - -...- PASSED AND ADOPTED ny the City Council of the City of Clermont, Florida at its Regular Meeting held in the City Hall in the City of Clermont on Tuesday, December 3, 1957. ÅTT"'3T'~ . Citl Clt!¡ - - - - - .l1 __ _ _ _ _ _ _ _ _ _ _ _ . _ ------ - - - RECEIVED AND APPROVED by me this December 3, 1957. Ma yor of the City of Clermont, Florida .. - -... - - - - - - - - -.. - - - ........ - -... ...... - -... - -- ... I, Ä~ M. JOHNSON, Clerk of. the City of Clermont, Florida do hereby certify that copies of the foregoing Ordinance were posted in three public places in accordance with the Charter and Ordinances of the City of Clermont, Florida. DATED /-v/3ü / ~ , 1958. ~,,,, p - - - - "'" - ... .. - - - - - - .. .. .. - ... - .. ... - - - ... - - ... - -- - ..6.. / ¿ . .. .. .- ,