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O-273-C . . CITY OF CLERMONT CODE ORDINANCE NO. 273-C AN ORDINANCE PURSUANT TO CHAPTER 180, FLORIDA STATUTES (1989) CREATING A CITY OF CLERMONT UTILITIES SERVICE DISTRICT; ESTABLISHING THE BOUNDARIES OF THE DISTR~CT; AUTHORIZING THE EXTENSION OF MUNICIPAL UTILITIES WITHIN THE DISTRICT BASED ON THE CITY OF CLERMONT WATERWORKS AND SEWER ORDINANCE; REQUIRING ALL PERSONS OR CORPORATIONS LIVING OR DOING BUSINESS WITHIN THE DISTRICT TO CONNECT TO THE CITY WATER AND WASTEWATER SYSTEM WHEN AVAILABLE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clermont owns and operates a central water distribution system and a central wastewater collection system and treatment facility; and WHEREAS, the city's utility systems are capable of delivering water and wastewater utility service to areas outside the municipal limits of the city; and WHEREAS, Chapter 180, Florida statutes (1989) authorizes municipalities to extend their water and wastewater utilities beyond their municipal limits to provide utility services to unincorporated areas within the general vicinity of the municipality; and WHEREAS, section 180.02(3), Florida Statutes (1989) authorizes municipalities to create a utility zone for up to five (5) miles from the corporate limits of the municipality and further authorizes municipalities to require customers in that area to connect to the municipal wastewater system, when available; and WHEREAS, the extension of water and wastewater systems by the City of Clermont within the subject utility district is environmentally sound and avoids costly duplication of infrastructure, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA: section 1. Creation of District. There is hereby created the City of Clermont Utilities Service District (hereinafter referred to as the "District"). section 2. District Boundaries. The District shall have the following boundaries: Begin at the intersection of the South right-of-way line of the Florida Turnpike and the West line of section 24, Township 22, Range 26 east; Run thence South along the West line of Range 26 East to the mid-section line of section 13, Township 23 South, Range 26 East; Run thence West along said mid-section line to the West line of said section 13; Run thence South along the West line of said section 13 to the Northeast corner of Section 23, Township 23 South, Range 26 East; Run thence West to the Northeast corner of the Northwest 1/4 of the Northwest 1/4 of said section 23; Run thence South to the Southeast corner of the Northwest 1/4 of the Northwest 1/4 of the said section 23; Run thence West to the West 1 . . CITY OF CLERMONT CODE ORDINANCE NO.273-C line of said section 23; Run thence South along the said West line to the Northwest corner of the Southwest 1/4 of the Southwest 1/4 of said section 23; Run thence West to the Northwest corner of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of section 23, Township 23 South, Range 25 East; thence run North to the mid- section line of the said section 23; Run thence West to the West line of said section 23; Run thence North along the said West line to the Southwest corner of the Northwest 1/4 of the Northwest 1/4 of said section 23; Run thence West along the South line of the North 1/4 of section 22, Township 23 South, Range 25 East to the West line of said section 22; Run thence North to the intersection of the South right-of-way line of Highway 565B and the West line of section 16, Township 22 South, Range 25 East; run thence Westerly and Southwesterly along the South right-of-way line of Highway 565B to the South line of section 16, Township 22 South, Range 25 East; Run thence West along the said South line to the waters edge (ordinary high water mark); Run thence Northerly and Northeasterly along the waters edge to the North line of said section 16; Run thence Northerly, Northeasterly, Southeasterly and Southerly along the waters edge to the Southeast corner of said section 16; Run thence Easterly along the waters edge to the intersection of the East right-of-way line of Highway 561-A and the South boundary of the palatlakaha River; run thence West along said South boundary to the waters of Lake Minneola; Run thence Southerly, Easterly and Northeasterly along the waters of Lake Minneola to the South right- of-way line of Division Street, according to the Official Map of the city of Clermont; Run thence East to the East line of section 18, Township 22 south, Range 26 East; Run thence North along the said East line to the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of the said section 18; Run thence East to the Southwest corner of the Northeast 1/4 of Section 17, Township 22 South Range 26 East; Run thence North to the North line of said section 17; Run thence East along the North line of section 17, 16 and 15 of Township 22 South, Range 26 East to the South right-of- way line of the Florida Turnpike; Run thence Southeasterly along said right-of-way line to the Point of Beginning. A map of the District is attached hereto and made a part hereof. section 3. Extension of utilities Authorized. The City is authorized and empowered to extend its water and wastewater utilities, including utility line, lift stations, booster pumps, wells, and storage tanks, to all areas within the District. All such utility extensions shall be governed by and be pursuant to the City of Clermont Water and Wastewater Ordinance (Ord. No. 239-C, et. seq.) section 4. Connection to Wastewater Svstem Required; Exceptions. All persons or corporations developing property (either commercial, industrial, institutional or residential) after the effective date of this Ordinance within the District shall be required to immediately connect to the city wastewater system, where available. Except for: 1) single-family dwelling units in existence on the date of this Ordinance, and 2) wastewater customers service by a private wastewater utility certificated by the Florida Public Service Commission, all persons or corporations living or doing business within the District as of the effective 2 . . CITY OF CLERMONT CODE ORDINANCE NO. 273-C date of this Ordinance shall be required to connect to the City wastewater system within 180 days of when it becomes available. For purposes of this Ordinance, wastewater shall be deemed "available" as provided in section 10D-6.42(7), F.A.C., which section is hereby incorporated by reference. section 5. utilities of Similar Character Prohibited. Except as otherwise provided by law, no private or public utility shall be authorized to construct within the District any system, work, project or utility of a similar character to that being operated in the District by the city unless the city consents to such construction. section 6. Accomplishment and Requlation of utility Zone. Any property annexed into the city of Minneola will be deleted from the City of Clermonts utility service District. section 7. Effective Date. This Ordinance shall take effect immediately upon its final adoption by city Council. First Reading this 14th day of January, 1992. Second Reading this 25th day of February, 1992. " PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 25th DAY OF FEBRUARY, 1992. ~o.~~ ROBERT A. POOL, Mayor ATTEST: , city Clerk 3 , , , . .' - ....---... .-.-....--. ..... -- ---- - .~. ......... -- ,.. ........, -.< ......-.. ....... .. ...- --.. .-.- -.. -.. -- --.- - -.'" ... ... .- - --... - - ...., .. - .___ .. ... ....... ~~. ... _.~ _.... __L ~ .v , -tI) , . ~ f ""r 1~ 1- /~ ~'-. ~ , , ,ð"" N~ I I ~~~, 'r) ~ ¡,. ~~h_h' o . _. . ""r ~'r .Q II ¡ ...: . : ..~á-J-h '-u. ~J. . , ..: . 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