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..
/
¿
.
..
..
.-
,