O-33-M
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MISC. ORDINANCES
ORDINANCE NO. 33-M
N~
133
AN ORDINANCE AMENDING ORDINANCE NO. 29-M, ENTITLED "ORDINANCE PROVIDING
FOR THE ACQUISiTION AND CONSTRUCTION OF A NEW SEWER SYSTEM FOR THE CITY
OF CLERMONT, FLORIDA; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING
$1,700,000 WATER AND SEWER REVENUE BONDS OF SUCH CITY TO PAY THE COST
OF SUCH PROJECT; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS;
PROVIDING FOR THE PAYMENT THEREOF; AND MAKING CERTAIN OTHER COVENANTS
AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS, " TO
CORRECT THE DESCRIPTION OF THE FRANCHISE TAXES PLEDGED TO THE PAYMENT
OF SAID BONDS.
THE CITY OF CLERMONT HEREBY ORDAINS:
SECTION 1. AUTHORITY OF THIS ORDINANCE. This ordinance is enacted
pursuant to Chapter 67-1217, Laws of Florida, Acts of 1967, as amended
and supplemented, and other applicable provisions of law.
SECTION 2. FINDINGS. It is hereby ascertained, determined and declared
that:
A. On January 12, 1971, the City of Clermont, Florida, herein-
after referred to as the "City( enacted Ordinance No. 29-M, entitled
as follows:
"ORDINANCE PROVIDING FOR THE ACQUISITION AND CONSTRUC-
TION OF A NEW SEWER SYSTEM FOR THE CITY OF CLERMONT,
FLORIDA; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING
$1,700,000 WATER AND SEWER REVENUE BONDS OF SUCH CITY TO
PAY THE COST OF SUCH PROJECT; PROVIDING FOR THE RIGHTS
OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR THE PAYMENT
THEREOF; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS
IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS."
B. Several dates recited in said Ordinance No. 29-M to
describe the franchises pledged therein to the payment of the bonds there-
in authorized to be issued are incorrect, and it is necessary and
appropriate that the City amend said Ordinance No. 29-M to correct such
dates, in order that there be no confusion as to the source of revenues
pledged to the payment of said bonds.
SECTION 3. AMENDMENTS. Said Ordinance No. 29-M is hereby amended in
the following respects:
A. The date "October 4, 1957" recited in paragraph J of
Section 2 thereof is hereby amended to read "September 24, 1957".
B. The date "October 18, 1949" recited in p~r~graph K of
Section 2 thereof is amended to read "March 26, 1968".
C.. The date "November 16, 1954" recited in paragraph L of
Section 2 thereof is amended to read "November 17, 1959".
D. The date "October 10, 1957" recited in paragraph B of
Section 3 thereof is amended to read "September 24, 1957",
E. The date "November 16, 1954" recited in paragraph D of
Section 3 thereof is amended to read "November 17, 1959".
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MISC. ORDINANCES
ORDINANCE No. 33-M
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134
F. The third paragraph in the form of bond set out in Section
12 thereof is hereby amended to read as follows:
"This bond, and the coupons appertaining thereto, are payable
solely from and secured by a prior lien upon and pledge of the net
revenues to be derived by the City from the operation of the system;
the proceeds of the utilities services taxes imposed by the City on
the purchase of certain utilities services within the corporate limits
of the City, under the authority of Section 167.431, Florida Statutes,
and pursuant to Ordinance No. 156 enacted by the City on September 24,
1957; the proceeds of the cigarette tax collected by the City pursuant
to an ordinance duly enacted by the City on March 26, 1968, levied
upon each and every sale, receipt, purchase, possession, consumption,
handling, distribution and use of cigarettes within the corporate limits
of the City under the authority of Section 210.03, Florida Statutes,
as defined in the ordinance; and the proceeds of a franchise tax to be
paid for a period of thirty (30) years from October 22, 1970, by Florida
Power Corporation pursuant to an ordinance duly enacted by the City
on September 22, 1970 and a franchise tax to be paid for a period of
thirty (30) years from November 17, 1959, by Lake Apopka Natural Gas
District pursuant to an ordinance duly enacted by the City on November
17, 1959 (all of which taxes, above described, are herein collectively
referred to as the 'excise taxes'); in the manner provided in the
ordinance."
SECTION 4. COVENANT OF THE CITY. The City hereby covenants with those
who shall from time to time be the owners and holders of the bonds to
be issued pursuant to said Ordinance No. 29-M that the utilities services,
taxes, cigarette tax and franchise taxes described in said Ordinance
No. 29-M, as amended by this ordinance, constitute, and are meant to
refer to, the only uti lities services taxès ,. ë.iga,r~tte tax and franchise
taxes, respectively, levied by the City, which taxes are pledged to the
payment of said bonds and the interest thereon in the manner provided in
said Ordinance No. 29-M.
SECTION 5. EFFECTIVE DATE. This ordinance shall take effect in the
manner provided by law.
First reading this 12th day of April, 1971.
PASSED AND ORDAINED BY THE
LAKE COUNTY, FLORIDA, THIS /3~
CITY COUNCIL OF T»E
DAY OF ftrM./
CITY OF CLERMONT,
1971.
ATTEST: LO~h..J t. ~A/fL
Citý Clerk
~¿:~
Chairman of the Council
APPROVED BY ME THIS
/3 tfu
DA Y 0 F
1971
¿:~
Mayor